Last modified: February 1, 2022
• Use of any mobile, web, console, desktop and other applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site;
• Utilize our Services, including the Nutritional Therapists, Health Consultants and Laboratory services.
We also may provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your personal information.
This Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use our Site.
1. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT We collect personal information when you use our Site and our Services. Personal information is any information that relates to you, identifies you personally or could be used to identify you including, but not limited to: your name, mailing address, email address, telephone number, or any other information defined as “Protected Health Information” under HIPAA laws and regulations or equivalent laws in other country jurisdictions.
The types of personal information that we may collect include, but is not limited to: the information you provide to us, information collected automatically about your use of our Site, information from third parties, including our business partners.
Information You Voluntarily Provide to Us The personal information we collect from you may include:
• Information that you provide by filling in forms on our Site. This includes information that may be provided at the time of registering and creating an Account on Wellness Hub, subscribing to or purchasing our Services, posting material, emailing material or requesting further Services. We may also ask you for information when you report a problem with our Site.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Site and of the fulfillment of your orders. You may be required to provide financial information when placing an order through our Site.
• The name and email address of individuals to whom you wish to refer our Services.
• Your search queries on the Site.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk.We cannot control the actions of other users of the Services with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
If you choose to utilize our Services, you will collect the appropriate biological sample(s) using a sample collection kit. The sample and your information will be provided to our Laboratory or another Laboratory for the purpose of providing the Services. The Laboratory will store your test results and related data as required by applicable laws, regulations, and College of American Pathologists (“CAP”) accreditation standards or equivalent regulations in other jurisdictions. Samples and test related data may be used or stored for regulatory compliance or healthcare operations, and de-identified for internal quality control, validation studies, and internal research and development purposes.
Information Collected Automatically As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
• Details of your visits to our Site, including, but not limited to, traffic data, location data, logs and other communication data and the resources that you access and use on the Site.
• Information about your computer and internet connection, including your IP address, operating system and browser type.
2. COOKIES AND OTHER TRACKING TECHNOLOGY
Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use first-party and third-party cookies for the following purposes: to make our Site function properly, to improve our Site and Services, to make login to our Site easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Site, to enhance your experience with the Site and Services, to remember information you have already provided, to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Site. The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted (i.e. after you have finished browsing).
• Strictly Necessary Cookies. These cookies are essential because they enable you to use our Site. For example, strictly necessary cookies allow you to access secure areas on our Site. Without these cookies, some elements of our Site cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Site to work and they cannot be disabled.
• Functional or Preference Cookies. We use functional cookies to remember your choices so we can tailor our Site to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Site. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Site.
• Performance or Analytic Cookies. These cookies collect passive information about how you use our Site, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Site and Services. We do not use these cookies to target you with online marketing. You may choose to disable these cookies.
• Advertising or Targeting Cookies. These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant advertising on other sites. You may choose to disable the use of these cookies as set forth below.
We may use third-party Service Providers (defined below) to monitor and analyze the use of our Site. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout. Equivalent processes may apply in other country jurisdictions. Other Tracking Technologies We may also use Tracking Technologies to collect “clickstream” data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Site, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Site for the same purposes.
Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Your Choices Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.
• First-Party Cookies. You can use the browser with which you are viewing the Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Site may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org. Or equivalent regulatory and guidance websites in other country jurisdictions
• Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to http://www.aboutads.info/choices. Or equivalent regulatory and guidance websites in other country jurisdictions. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers. Or equivalent regulatory and guidance websites in other country jurisdictions.
• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage. Flash cookies are not managed by the same browser settings as are used for browser cookies, but may be managed here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. Or equivalent regulatory and guidance websites in other country jurisdictions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending an email stating your request to [email protected] You can also opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://optout.aboutads.info/) or the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1) or equivalent regulatory and guidance websites in other country jurisdictions. In addition, on your iPhone, iPad or Android, you can change your device settings to control whether you see online interest-based ads.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android Browser
• Opera (Desktop)
• Opera (Mobile)
Do Not Track
Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Sites do not currently process or respond to “DNT” signals.
3. HOW WE USE YOUR INFORMATION
• Providing any Services or products that you request or purchase.
• Contacting you regarding the administration of any features or functions of the Site or Services you have registered to use.
• Providing you with notices about your Account, including expiration and renewal notices. • Carrying out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notifying you about changes to our Site, our policies, terms or any products or Services we offer or provide though it. • Sending you marketing and promotional emails.
• Responding to your questions or other requests.
• Allowing you to participate in the interactive features of the Site and Services.
• Tailoring your experience on the Site and/or otherwise customizing what you see when you visit and use the Site.
• Saving your user account, registration and profile data or other personal information (so you do not have to re-enter it each time you visit or use the Site).
• Tracking your return visits to and use of the Site.
• For research purposes, for marketing/promotional purposes and to provide anonymous reporting for internal and external clients and business partners;
• Accumulating and reporting aggregate, statistical information in connection with the Site and the Services and user activity.
• Determining which features and services users like best to help us operate the Site, enhance and improve our Site and display advertising and marketing information.
• Keeping you secure and safe while using our Site, which requires us to process your Personal Information to combat spam, malware, malicious activities or security risks.
• Improving and enforcing our security measures.
• Maintaining legal and regulatory compliance.
• Enforcing compliance with our terms and conditions and policies.
• Protecting you, others and our business, including, without limitation, using information for fraud prevention.
• For any other purpose disclosed to you prior to you providing us your Personal Information or which are reasonably necessary to provide the Services or other related products and/or services requested.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at [email protected] to opt out.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION We may share or disclose your personal information in the following circumstances:
• Website / e-commerce Service Providers. We may employ other companies and individuals to facilitate our Site and Services (“Service Providers”), provide the Services on our behalf, perform Service-related services or assist us in analyzing how our Site and Services are used. The Service Providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• Nutritional Therapists, Laboratories and Health Consultants. We may disclose your information to the Nutritional Therapists, Laboratories and Health Consultants involved in providing you Services. Upon your request, we may disclose your information to others involved in your care, including your healthcare providers, the health system or clinic where your provider practices, and other providers that you designate to receive your information.
• Research and Development. We may use your de-identified information and test results in our research. We may engage in research with third parties like universities, hospitals, health systems, government institutions, or private companies to develop new tests, validate technologies, or improve existing technologies or processes. You can opt out of such third party research by contacting us directly at [email protected] However, if you have consented in the past and later opt out, we cannot retract your de-identified information, and/or results from research already performed. We may author publications using de-identified information, either on our own or in collaboration with academic or commercial third parties.
• Within Our Corporate Organization. We may share your personal information with our subsidiaries and affiliates in order to provide you with the Services and take actions based on your requests.
• Corporate Transactions. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Site users and Members is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.
• Analytics. We may share aggregated, de-identified information (for example, aggregated trends about the general use of our Services) publicly and with our affiliates, subsidiaries, and partners. This information will not include medical information.
• Third Party Advertisers. In certain circumstances we may share your personal information with third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• Consent. We may disclose your personal information for any purpose with your consent.
• As Required by Law. Under certain circumstances your personal information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. We may be required to disclose personal information in coordination with regulatory authorities in response to
lawful requests by public authorities, including to meet national security or law enforcement requirements, or for public health purposes, including reporting COVID-19, HIV, and certain sexually transmitted disease results to public health regulatory bodies. We will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce our Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of YorkTest, its employees, its users, its clients, and the public.
Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual. Different regulatory conditions may apply in other country jurisdictions.
5. MARKETING COMMUNICATIONS
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
If you do not wish to have your email address or other contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending an email stating your request to [email protected] You may also choose to stop receiving our promotional or marketing communications by following the “unsubscribe” instructions included in these messages. This opt out does not apply to information provided by us as a result of a product purchase, warranty registration, product service experience or other transactions.
Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.
6. KEEPING YOUR PERSONAL INFORMATION ACCURATE AND DELETION We are committed to ensuring that your personal information is kept accurate and up to date. However, it is up to you to update it with any changes. You can review and change your personal information by logging into the Site and visiting your Account profile page. You may also send us an email at [email protected] to request access to, or to correct any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you no longer wish to participate in our Services, or no longer wish to have your Personal Information be processed, you may request to delete your account and the information in your account, subject to certain limitations, by emailing us at [email protected] Once you submit your request, we will send an email to the email address linked to your account requesting that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your Account is deleted, all associated personal information is deleted, unless we are required to maintain it for regulatory and compliance purposes or for a legal or business necessity.
7. YOUR CALIFORNIA PRIVACY RIGHTS
This whole section 7. applies only to California residents and only if the California Consumer Privacy Act of 2018 applies to YorkTest Laboratories Inc and/or YorkTest Laboratories Ltd.
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.
We generally collect the following categories of Personal Information about your when you use our Site or services:
• identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
• protected classifications, such as gender;
• commercial information such as records of products or services purchased, obtained, or considered by you;
• health information;
• Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
• your geolocation, to the extent you have configured your device to permit us to collect such information
• audio recordings of your voice to the extent you call us, as permitted under applicable law;
• inferences about your preferences, characteristics, behavior and attitudes.
For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.
We collect your Personal Information for the business purposes described in Section 3, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of third parties with whom we may share your Personal Information are listed in Section 4, above.
Privacy Rights If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your Account with us or the security of our network systems.
• Right Against Discrimination – You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
• Right to Know – You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
• Right to Delete – You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions. To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Information” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for
you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
In addition, California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable). To make such a request, please send an email or write to us (see Contact Information below).
8. DATA SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
9. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES
10. INFORMATION AND SAMPLE RETENTION.
We are subject to multiple laws on the retention of information and will retain your information for as long as is reasonably necessary to comply with our business and legal obligations and to meet regulatory and compliance requirements.
11. GEOGRAPHIC RESTRICTION
Our Site is intended for individuals who are 18 years of age or older and reside in the United States of America except in States in which we do not sell our Services. We make no representations that our Site or Services are appropriate or available for use outside of the United States. If you are a resident of another country, or are accessing the website from outside of the United States, please note that you are transferring data to the United States of America which does not have the same data protection laws as the European Union, the UK and/or other geographical regions.
12. CHILDREN’S PRIVACY. We are committed to protecting the privacy of children as well as adults. A parent or guardian may create an account for, and provide information related to, his or her dependent child who is under the age of 18. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides is kept secure and that the information submitted is accurate.
13. GOVERNING LAW
14. PRELIMINARY EQUITABLE RELIEF AND INTELLECTUAL PROPERTY CLAIMS
YorkTest may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
1. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated
claims with respect to any disputes subject to arbitration under the Agreement. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
2. Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred