BioActify’s Treatment of Your Genetic Information
At BIOACTIFY, we believe that:
- Our users are the sole owners of their genetic information, and have the sole right to determine how that information is used.
- People should have direct, affordable access to information about their genetics and their health.
- When people better understand the links between genes, health and wellness, they can make educated, proactive choices about their future.
- People should be in control of how their genetic information is used.
- Regenerative medicine can improve the lives of people everywhere.
- Together with our community, we can find treatments and cures faster.
Information that We Collect
We may collect all or any of the following information in the course of providing the Services (collectively, “User Information”):
- “Genetic Information” is all of the genetic information that can be derived from the sample of your DNA contained in the cheek swab that you provide us for analysis in connection with the Services (the “Sample”).
- “Personal Information”, which you provide us when registering for or using the Apps or Services, such as your name, billing and shipping addresses, email address, phone number, date of birth, user ID and password, and payment information.
- “Usage Information”, such as the browser name, the type of computer or phone a User is using, technical information about a User’s means of connecting to our Apps, such as the operating system and the Internet or mobile service providers utilized, and other similar information.
- “User-Generated Content”, which includes all information generated by a User and shared with BIOACTIFY, either privately or through public forums, on the Apps, such as messages, photos, audio, video, texts, data and other visual or audio content, as well as email addresses of those with whom you share your Genetic Information through the Apps.
- “Voluntarily-Provided Information”, which is information voluntarily provided by Users in response to surveys, polls and similar forms through which information may be requested on or through the Apps (other than Personal Information and User-Generated Content). To the extent that any of this information includes information concerning family members, you should ensure that your family member has permitted you to provide such information, and by providing such information to us, you are representing that you are permitted to do so.
We may collect any of the foregoing information from Users in a variety of ways, including but not limited to when Users visit the Apps, register on the Apps, fill out a survey or other form, purchase our products, subscribe to a newsletter, mailing list or other communication tool, contact us via email, and in connection with other activities, services, features or resources we make available on our Apps from time to time.
How We Use the Information that We Collect
Genetic Information. OUR USERS ARE THE SOLE OWNERS OF THEIR GENETIC INFORMATION, AND HAVE THE SOLE RIGHT TO DETERMINE HOW THAT INFORMATION IS USED. WE WILL NOT USE YOUR GENETIC INFORMATION FOR ANY PURPOSE OTHER THAN TO PROVIDE THE SERVICES, WITHOUT YOUR PRIOR CONSENT. BY DEFAULT, YOUR GENETIC INFORMATION WILL BE KEPT PRIVATE, UNTIL SUCH TIME, IF ANY, AS YOU CONSENT TO USE OF IT IN ANY OTHER MANNER, OR YOU CHOOSE TO SHARE YOUR INFORMATION WITH OTHERS.
Usage Information. We use your Usage Information for a variety of purposes, such as to understand how our Users as a group use the Apps, to improve the Apps, to personalize User experience, and to process transactions.
User-Generated Content. We use User-Generated content to more effectively respond to your customer service requests and support needs, to improve customer service, to facilitate online message boards and posts in which Users participate and/or to which they contribute, and for similar purposes.
Voluntarily-Provided Information. We use Voluntarily-Provided Information to send Users information that they agree to receive about topics that may be of interest to them, and to share User information with third parties, including for marketing or other purposes. You may unsubscribe to some or all promotional notices at any time.
Ability for Users to Share Genetic Information with Third Parties
Sharing Genetic Information with Third Parties. The Apps offer the ability to share Genetic Information by email, posting to social media and other websites, and by printing the information and sharing a hard copy. As examples, you may choose to share your Genetic Information with third parties such as family, friends, doctors, healthcare professionals, other service providers, and other persons, or social networks (collectively, “Third Parties”). You may share your Genetic Information at your discretion.
If you desire to share Genetic Information with another person by email, we will ask for that person’s email address. We will use the email address to share your Genetic Information. By choosing to share information with another person by email, you confirm that the person has given you consent for BIOACTIFY to communicate with him or her.
If you share Genetic Information with Third Parties via websites, such as social media sites, such sites may collect your IP address and other information, and your use of such sites, including the sharing of your Genetic Information on these sites, will be governed by the policies of the sites on which this information is shared.
If you share your Genetic Information, or that of a minor, with Third Parties, we will not be able to take measures to ensure that such information is not shared going forward by those Third Parties or persons who have access to sites on which information is shared with Third Parties, or to restrict in any way how it may be used or disclosed. We will not have any liability to you related to or arising out of your decision to share your Genetic Information, or that of a minor, with Third Parties.
NEITHER BIOACTIFY NOR ITS AFFILIATES OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR A MINOR ON WHOSE BEHALF YOU AUTHORIZE THE SHARING OF GENETIC INFORMATION, RELATED TO OR ARISING OUT OF THE SHARING OF YOUR, OR A MINOR’S, GENETIC INFORMATION WITH BIOACTIFY OR ANY THIRD PARTIES, OR THE USE OF SUCH GENETIC INFORMATION IN ACCORDANCE WITH THIS POLICY.
Information of Minor Children
A parent or guardian may collect a Sample from, create an account for, and provide information related to, a child who is a minor. The parent or guardian assumes full responsibility for ensuring that the information that he or she provides to BIOACTIFY or its affiliates about the minor child is kept secure and that the information submitted is accurate. The Apps and Services are not directed to or structured to attract users under 13 years of age. If you are under 13 years of age, do not use the Apps or Services and do not send information to BIOACTIFY
How we Protect User Information
We adopt data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of User Information and data stored on our Apps. Commercial transactions occurring on the Apps are processed over a SSL secured communication channel.
User Information may be stored in United States and/or in foreign countries. Ultimately, the requirements of governments other than those of the United States may apply to User Information.
Third Party Websites
Users may find advertising or other content on our Apps that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Apps. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Apps, is subject to that website’s own terms and policies. With respect to links from the Apps to our other websites (including other BIOACTIFY websites), please refer to the privacy policies on those websites.
Referral Information and Gifts
When you refer a person to BIOACTIFY by email, or purchase the Services as a gift for another person, we may ask for that person’s email address. We (either directly or through vendors who administer such programs) will use the email address to make the referral or, as applicable, notify the person of the gift, and we will let the person know that you provided the referral or purchased the gift. By participating in a referral program, or purchasing a gift for such person, you confirm that the person has given you consent for BIOACTIFY to communicate with him or her regarding the referral or the gift, as applicable.
If you use a third-party site, such as Facebook or Twitter, to post a referral, then we may also collect information on that site, such as your profile picture, gender, username, user ID, age, language, country, network or friend lists or lists of followers) depending on your privacy settings on the applicable third-party site.
Use and Retention of Your Sample and DNA
In order to provide the Services, we extract DNA from your Sample. We retain your DNA should you desire to purchase additional Services at any time. We reserve the right to retain or destroy your DNA in our discretion. If you wish to have your DNA destroyed, you may request that we do so by written notice sent to email@example.com or 3267 Ferncliff Lane, Atlanta GA 30324.
Termination of User Account
If you no longer wish to receive the Services, you may terminate your account by sending a request to support@BioActify.com. We will remove all of your Genetic Information from the Apps within 30 days of our receipt of your request. To the extent provided above, however, any Genetic Information or Personal Information will be available for use on an ongoing basis following removal of your Genetic Information from the Apps. BIOACTIFY and its affiliates may also retain your Genetic Information as required by law or internal data retention policies. We will also retain limited Personal Information for internal reporting and compliance purposes, and as otherwise required by law.
Transfer of User Information, Samples and DNA in the Event of Acquisition
Third Party Beneficiaries
Governing Law; Dispute Resolution
You agree that the arbitration shall be held in Atlanta, Georgia, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You further agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but we do not hereby agree to any personal jurisdiction that is otherwise lacking.
You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE HEREBY WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, than this entire section shall be deemed invalid and the arbitration clause shall be void.
3267 Ferncliff Lane, Atlanta GA 30324
Last Updated: February, 2020