Privacy Policy

Effective March 1, 2022

Privacy Highlights

These “Privacy Highlights” provide an overview of some core components of our data handling practices. Please be sure to review the Full Privacy Statement. Genomind takes the trust you place in us seriously. We will not share your identifiable data without your consent (except in the instance of a court order or as otherwise required by law).

Information We Collect

We generally collect the following information:

• Information we receive when you use our Services. We collect Web-Behavior Information via cookies and other similar tracking technologies when you use and access our Services (our website, products, and other services). See our Cookie Policy https://genomind.com/cookie-policy/ for more information.
• Information you share directly with us. We collect and process your information when you or your healthcare provider place an order for one of our products or services, create an account, complete research surveys, or contact Customer Service. This information can generally be categorized as Registration Information, Self-Reported Information, and/or User Content, as defined in our full Privacy Statement.
• Information from our DNA testing services. With your consent, we extract your DNA from your buccal swab (cheek swab) and analyze it to produce your Genetic Information in order to provide you or your doctor with the results for the ordered product.

How We Use Information

We generally process Personal Information for the following reasons:

• To provide our Services. We process Personal Information in order to provide our Service, which includes processing payments, shipping kits to you or your doctors, creating customer accounts and authenticating logins, analyzing buccal swab samples and DNA, and delivering results.
• To analyze and improve our Services. We constantly work to improve and provide new reports, tools, and Services. We may also need to fix software bugs or issues, analyze use of our website to improve the customer experience or assess our marketing campaigns.
• For Genomind Research. Genomind researchers can include your de-identified Genetic Information and Self-Reported Information in a large pool of customer data for analyses aimed at making scientific discoveries so we can continue to help improve patient outcomes.
• For Interest-based Advertising, with the ability to opt out. We use third parties such as network advertisers to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Users in the United States may opt out of many third-party ad networks.

Control: Your Choices

Genomind gives you the ability to share information in a variety of ways. You choose:

• To store or discard your buccal sample after it has been analyzed.
• When and with whom you share your information, including health care professionals.

Access to Your Information

Your Personal Information may be shared in the following ways:

• With our service providers, as necessary for them to provide their services to us.
• With research collaborators, only if you have given your explicit consent.
• With third party advertising networks, as necessary for them to accurately target you with advertising based on your interests.

Genomind will not sell, lease, or rent your identifiable individual-level information to any third party without your explicit consent. Genomind will not sell, lease, or rent your Genomind Mental Health Map de-identified individual-level information to any third party without your explicit consent.

• We do not share identifiable customer data with any public databases.
• We will not provide any person’s genetic data to an employer.
• We will not provide information to law enforcement or regulatory authorities unless required by law to comply with a valid court order, subpoena, or search warrant for genetic or Personal Information.

How We Secure Information

Genomind implements reasonable and appropriate measures and systems to ensure confidentiality, integrity, and availability of Genomind data, in compliance with applicable laws. In particular, the connections to and from our website where we collect and exchange data are encrypted using Transport Layer Security (TLS) technology.

Risks and Considerations

There may be some consequences of using Genomind Services that you haven’t considered.

• You may discover things about yourself that may be upsetting or cause anxiety and that you may not have the ability to control or change.
• In the event of a data breach it is possible that your data could be associated with your identity, which could be used against your interests.

Full Privacy Statement

This Privacy Statement applies to all websites owned and operated by Genomind, Inc. (“Genomind”), including www.genomind.com, and any other websites, pages, features, or content we own or operate, and to Genomind products and any related services (collectively, the “Services”). Our products, such as Genomind® Professional PGx Express™ and Mental Health Map™ test, will be referred to collectively as the “Genomind Tests.” Our Privacy Statement is designed to help you better understand how we collect, use, store, process, and transfer your information when using our Services.

Please carefully review this Privacy Statement and our Terms of Service. By using our Services, you acknowledge all of the policies and procedures described in the foregoing documents. If you do not agree with or you are not comfortable with any aspect of this Privacy Statement or our Terms of Service, you should immediately discontinue use of our Services.

1. Key Definitions

1. Aggregate Information: information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
2. De-identified Information: information that has been stripped of your Registration Information (e.g., your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual, also known as pseudonymized information.
3. Individual-level Information: information about a single individual’s genotypes, diseases or other traits/characteristics, but which is not necessarily tied to Registration Information.
4. Personal Information: information that can be used to identify you, either alone or in combination with other information. Genomind collects and stores the following types of Personal Information:
   1. Registration Information: information you provide about yourself when registering for and/or purchasing our Services (e.g., name, email, address, user ID and password, and payment information).
   2. Genetic Information: information regarding your genotypes (i.e., the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your buccal sample by Genomind or by its contractors, successors, or assignees; or otherwise processed by and/or contributed to Genomind.
   3. Self-Reported Information: information you provide directly to us, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Genomind or Genomind Gateway account.
   4. Sensitive Information: information about your health, Genetic Information, and certain Self-Reported Information, such as racial and ethnic origin, and sexual orientation.
   5. User Content: all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than genetic Information and Self-Reported Information – generated by users of Genomind Services and transmitted, whether publicly or privately, to or through Genomind.
   6. Web-Behavior Information: information on how you use Genomind Services collected through log files, cookies, web beacons, and similar technologies, (e.g., browser type, domains, page views).

2. Information We Collect

• Information you provide directly to us

• • Registration Information. When you purchase our Services or create a Genomind account, we collect Personal Information, such as your name, date of birth, billing and shipping address, payment information (e.g., credit card) and contact information (e.g., email, phone number and license number).
  • Self-Reported Information. You have the option to provide us with additional information about yourself through surveys, forms, features and applications.
  • User Content. Some of our Services allow you to create and post or upload content, such as data, text, software, music, audio, photographs, graphics, video, messages, or other materials that you create or provide to us through either a public or private transmission (“User Content”).
  • Customer service. When you contact Customer Care or correspond with us about our Service, we collect information to: track and respond to your inquiry; investigate any breach of our Terms of Service, Privacy Statement or applicable laws or regulations; and analyze and improve our Services.
• Information related to our genetic testing services:
  • Buccal swab sample and biobanking. Our laboratory will extract your DNA from your buccal swab sample for analysis. You will be asked to sign our Consent Document, which is provided with our testing kit. Unless you consent to sample storage (“Biobanking”) and additional analyses, your buccal swab sample and DNA are destroyed after the laboratory completes its work, subject to the laboratory’s legal and regulatory requirements. You can update your sample storage preference to discard a stored sample by calling Customer Service at 1.877.895.8658.
  • Genetic Information. Information regarding your genotype (e.g., the As, Ts, Cs, and Gs at particular locations in your genome), your Genetic Information, is generated when we analyze and process your buccal swab sample, or when you otherwise contribute or access your Genetic Information through our Services. Genetic Information includes the test results reported to your provider as part of our Services, and may be used for other purposes, as outlined in Section 3 below
• Web-Behavior Information collected through tracking technology (e.g., from cookies and similar technologies)

• • For information about how we use cookies and similar technologies (such as web beacons, tags, scripts and device identifiers), please see the Genomind Cookie Policy: https://genomind.com/cookie-policy/.
• Other types of information:

• • We continuously work to enhance our Services with new products, applications and features that may result in the collection of new and different types of information. We will update our Privacy Statement and/or obtain your prior consent to new processing, as needed.

3. How We Use Your Information

Genomind will use and share your Personal Information with third parties only in the ways that are described in this Privacy Statement.

a. To provide you with Services and analyze and improve our Services.

We use the information described above in Section 2 to operate, provide, analyze and improve our Services. These activities may include, among other things, using your information in a manner consistent with this Privacy Statement to:

• open your account, enable purchases and process payments, communicate with you, and implement your requests;
• enable and enhance your use of our website, including authenticating your visits, providing personalized content and information, and tracking your usage of our Services;
• contact you via email, SMS or phone about your account, and any relevant information about our Services (e.g., policy changes, security updates or issues);
• enforce our Terms of Service and other agreements;
• monitor, detect, investigate and prevent prohibited or illegal behaviors on our Services, to combat spam and other security risks; and
• perform research and development activities, which may include, for example, conducting data analysis and research in order to develop new or improve existing products and services, and performing quality control activities.

b. To process, analyze and deliver your genetic testing results. 

As described above, to obtain Genomind Tests, you must submit your buccal swab sample to our genotyping laboratory, which processes and analyzes your sample to provide us with your raw Genetic Information. For prescription products which have been ordered by a health care provider, we then provide the results to that provider.

c. To recruit you for external research

Research is an important aspect of Genomind’s Services and we want to ensure interested participants are aware of additional opportunities to contribute to interesting, novel scientific research conducted by academic institutions, healthcare organizations, pharmaceutical companies, and other groups. From time to time we may inform you of third party research opportunities for which you may be eligible. For example, if a university tells us about a new cancer research project, we may send an email to Genomind research participants who potentially fit the relevant eligibility criteria based on their Self-Reported Information to make them aware of the research project and provide a link to participate with the research organization conducting the study. However, we will not share your identifiable Individual-level Genetic Information or Self-Reported Information with any third party without your consent. For Genomind Mental Health Map, we will not share your de-identified individual-level Genetic Information to any third party without your explicit consent.

d. To provide customer support

When you contact Customer Service we may use or request Personal Information, including Sensitive Information, as necessary to answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints. In some instances, we may be required to process one customer’s Personal Information to resolve another customer’s dispute or request. For example, if a customer reports behavior that violates our Terms of Service, we will separately process both customers’ Personal Information and respond separately to each individual as appropriate. We will not share your Personal Information with another customer without your consent

e. To conduct surveys or polls, and obtain testimonials

We value your feedback and may send you surveys, polls, or requests for testimonials to improve and optimize our Services. You are in control of the information you would like to share with us. You will have the ability to opt out of these messages by unsubscribing.

For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above is based on our legitimate interest. We think it is important to continue improving our Services to ensure your continued enjoyment.

f. To provide you with marketing communications

We, or our partners included in our products, may send you product and promotional emails or notifications about our Services, and offers on new products, services, promotions or contests. You can unsubscribe from receiving these marketing communications at any time. To unsubscribe, click the email footer “unsubscribe” link. You may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or Service-related emails

g. To serve interest-based advertising

We use third parties such as network advertisers to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including limited personal information, so that they can better target you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Sites or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

4. Information We Share With Third Parties

a. General service providers

We share the information described above in Section 2 with our third party service providers, as necessary for them to provide their services to us and help us perform our contract with you. Service providers are third parties (other companies or individuals) that help us to provide, analyze and improve our Services. While Genomind directly conducts the majority of data processing activities required to provide our Services to you, we engage some third party service providers to assist in supporting our Services, including in the following areas:

Cloud storage, IT, and security. Our cloud storage providers provide secure storage for information in Genomind databases, ensure that our infrastructure can support continued use of our Services by Genomind customers, and protect data in the event of a natural disaster or other disruption to the Service. Our IT and security providers assist with intrusion detection and prevention measures to reduce the risk of potential attacks against our networks. We have these third party experts perform regular penetration tests and periodically audit Genomind’s security controls.

NOTE: Our service providers act on Genomind’s behalf. We implement procedures and maintain contractual terms with each service provider to protect the confidentiality and security of your information. However, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.

b. Aggregate information

We may share Aggregate Information, which is information that has been stripped of your name and contact information and combined with information of others so that you cannot reasonably be identified as an individual, with third parties. This Information is different from “Individual-level” information and is not Personal Information because it does not identify any particular individual or disclose any particular individual’s data. For example, Aggregate Information may include a statement that “30% of our female users share a particular genetic trait,” without providing any data or testing results specific to any individual user. In contrast, Individual-level Genetic Information or Self-Reported Information consists of data about a single individual’s genotypes, diseases or other traits/characteristics information and could reveal whether a specific user has a particular genetic trait, or consist of all of the Genetic Information about that user.

c. Information we share with commonly owned entities

We may share some or all of your Personal Information with other companies under common ownership or control of Genomind, which may include our subsidiaries or affiliates, in order to provide you better service and improve user experience. Generally, sharing such information is necessary for us to perform our contract with you. We may provide additional notice and ask for your prior consent if we wish to share your Personal Information with our commonly owned entities in a materially different way than discussed in this Privacy Statement.

d. 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. For example, 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. Genomind 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 Genomind may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Genomind 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 Genomind, its employees, its users, its clients, and the public.

NOTE: If you are participating in Genomind Research, Genomind will withhold disclosure of your Personal Information involved in such Research in response to judicial or other government subpoenas, warrants or orders in accordance with any applicable Certificate of Confidentiality that Genomind has obtained from the National Institutes of Health (NIH).

e. Business transactions

In the event that Genomind goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets your Personal Information will likely be among the assets transferred. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Statement.

f. Third Party and Digital Advertising

We may partner with third-party advertising networks to manage our advertising on other sites. Our ad network partners may place cookies and web beacons and similar digital markers on your browser when you visit our websites to collect information about your activities over time on this and third-party websites, apps, and other online services, to more accurately provide you targeted advertising based upon your interests. We may also share information about you with third parties only in ways expressed in this statement. We do this in order to have those third parties, directly serve advertising to you on their websites on our behalf.

g. Payment Service Providers

Genomind may utilize services provided by third-party payment processors such as Affirm and PayPal for transactions. By using our services, you agree to review and comply with the privacy policies of these third-party services. Please refer to the privacy policies of Affirm and PayPal for more information on how they handle your data:

• Affirm Privacy Policy: https://www.affirm.com/privacy
• PayPal Privacy Policy: https://www.paypal.com/us/legalhub/privacy-full

Please note that Genomind is not responsible for the privacy practices or content of these third-party websites. We encourage you to review their privacy policies before providing any personal information.

5. Your Choices

a. Access to your account

We provide access to your Genomind data within your Genomind account. You can access and download data processed by Genomind within applicable reports, tools, and features. If you lose access to your Genomind account or account email address, please contact Customer Service for assistance. If you lose access to your Genomind account, in certain circumstances, we may require that you submit additional information sufficient to verify your identity before providing access or otherwise releasing information to you. If you choose not to submit the required documentation, or the information provided is not sufficient for the purposes sought, Genomind will not be able to sufficiently verify your identity in order to complete your request.

b. Legal Retention Requirements

Genomind will retain your Genetic Information, date of birth, and sex as required for compliance with applicable legal obligations, including the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA), and College of American Pathologists (CAP) accreditation requirements. Genomind will also retain limited information related to your account and data deletion request, including, but not limited to, your email address, account deletion request identifier, and record of legal agreements for a limited period of time as required by contractual obligations, and/or as necessary for the establishment, exercise or defense of legal claims and for audit and compliance purposes.

6. Security measures

Genomind takes the trust you place in us seriously. In order to maintain data accuracy, and to ensure the appropriate use of information, Genomind uses a variety of reasonable technical, physical and administrative measures to safeguard your Personal Information, in accordance with current technological standards, and in full compliance with applicable Health Insurance Portability and Accountability Act of 1996 (HIPAA) (http://www.hhs.gov/ocr/privacy/) and Genetic Information Nondiscrimination Act of 2008 (GINA) (https://www.hhs.gov/ohrp/regulations-and-policy/guidance/guidance-on-genetic-information-nondiscrimination-act/index.html) requirements. In particular, the connections to and from our website where we collect and exchange data are encrypted using Transport Layer Security (TLS) technology. However, no method of transmission over the Internet is 100% secure. Therefore, while we use commercially reasonable and appropriate means to protect your personal information, we cannot guarantee its absolute security.

Your Responsibility. Please recognize that protecting your Personal Information is also your responsibility. We ask you to be responsible for safeguarding your password, secret questions and answers, and other authentication information you use to access our Services. You should not disclose your authentication information to any third party and should immediately notify Genomind of any unauthorized use of your password. Genomind cannot secure Personal Information that you release on your own or that you request us to release.

Your information collected through the Service may be stored and processed in the United States or any other country in which Genomind or its subsidiaries, affiliates or service providers maintain facilities and, therefore, your information may be subject to the laws of those other jurisdictions, which may be different from the laws of your country of residence.

7. Children’s privacy

Genomind is committed to protecting the privacy of children as well as adults. Neither Genomind nor any of its Services are designed for, intended to attract, or directed toward children under the age of 18. A parent or guardian, however, may collect a buccal swab sample from, create an account for, and provide information related to, his or her child who is under the age of 18. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides to Genomind about his or her child is kept secure and that the information submitted is accurate.

8. Linked websites

Genomind provides links to third party websites operated by organizations not affiliated with Genomind. Genomind does not disclose your information to organizations operating such linked third party websites. Genomind does not review or endorse, and is not responsible for, the privacy practices of these organizations. We encourage you to read the privacy statements of each and every website that you visit. This Privacy Statement applies solely to information collected by Genomind and our service providers on our behalf.

9. Response to “Do Not Track” signals

Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not yet been adopted, Genomind does not process or respond to “Do Not Track” signals.

10. Changes to this Privacy Statement

This Privacy Statement may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. We display an effective date on the policy in the upper right corner of this Privacy Statement so that it will be easier for you to know when there has been a change.

Whenever this Privacy Statement is changed in a material way, a notice will be posted as part of this Privacy Statement and on our website for 30 days. After 30 days, the changes will become effective. In addition, all customers will receive an email with notification of the changes prior to the change becoming effective. Genomind 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 Genomind’s privacy practices or may provide you with additional choices about how Genomind processes your Personal Information.

11. Contact Information

If you have questions about this Privacy Statement, or wish to submit a complaint, please email Genomind’s Privacy Administrator at compliance@genomind.com, or send a letter to:

Privacy Administrator
Genomind, Inc.
2200 Renaissance Boulevard, Suite 100
King of Prussia, PA 19406-2755
1.877.895.8658