Last Updated: May 14, 2022
Section 1 - Information We Collect Through Your Use of the Services
Section 2 - How We Use Your Information
Section 3 - How We Share Your Information
Section 4 - Cookies & Other Tracking Technologies
Section 5 - Your Choices
Section 6 - Third-Party Services
Section 7 - Security
Section 8 - Children’s Privacy
Section 9 - Retention
Section 10 - Notice to Individuals in California
Section 11 - International Transfers
Section 12 - Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland
Questions and Contact Information
DxTerity Diagnostics Inc. (hereinafter “DxTerity” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.
We may modify this Policy at any time, without prior notice, and changes may apply to any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information, that adversely impact your rights under this Policy.
In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.
Section 1 – Information We Collect Through Your Use of the Services
Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you access or use our Services, including but not limited to:
1. Information you provide to us. In connection with the Services, we may ask you to provide these categories of Personal Information:
- Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.
- Self-Reported Information: Personal health information you provide about yourself, including your question responses, demographics, health, health history, or any other data you submit while using our Services.
- Payment Information: If and when you make an order through our Services, you will need to provide us with a payment card, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.
- Voluntary Information: Information you provide to us voluntarily by completing web forms, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.
- Job Applicant Information. When you apply for one of our open positions, you will provide to us certain information to allow us to contact you and evaluate your application. Information you will provide includes name, e-mail address, contact phone number work experience, professional references, education, and any other information you include on your resume.
2. Information from our tests and diagnostics. If you purchase or receive access to any of our tests or health diagnostics, the test will be sent to the DxTerity laboratory for processing, and readings and/or results will be analyzed and stored by us, and we may further ask you to self-report outcomes to us within your account or through another means of secure transmission.
3. Usage Information automatically collected. When you use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.
- Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.
- Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.
- Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to “Section 4 Cookies and Similar Tracking Technologies” below for more information.
Section 2 – How We Use Your Information
Your Personal Information may be used for various purposes, including:
1. To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:
- To coordinate and communicate about logistics and tracking of your test order,
- To allow you to pay for the Services, and
- To analyze or predict certain characteristics or outcomes within your account.
We cannot provide you with our Services without such processing of your Personal Information.
2. To Communicate with You. When you sign up for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your results, surveys, support, customer service, research you may be interested in or are participating in, policy changes, or other Service-related notifications. Service- related communications are necessary for us to continue to provide our Services to you.
- Marketing. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives.
3. To Enforce Our Terms, Agreements or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services.
4. For Service Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data.
5. For Scientific Research. DxTerity may use your de-identified or pseudonymized Personal Information to conduct, scientific research. Research may ultimately be published in a peer-reviewed journal or commercialized either by DxTerity or a third party but will not include your name or other Account Information.
6. To Comply with Applicable Laws and Regulatory Requirements . We may be required to process your Personal Information under certain laws and regulations, such as tax and laboratory quality laws. We will also process any and all information to comply with law enforcement agency or other Government agency request 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 the DxTerity 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 DxTerity, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.
Section 3 – How We Share Your Information
We may share your Personal Information as follows:
1. Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:
- to process and store data, including your Personal Information;
- to track, analyze, and modify our Services;
- for marketing, development, advertising, and distribution;
- to assist us in providing you with customer support; and
- to support our IT and security efforts.
- If you choose a direct payment gateway to complete your purchase DxTerity.com will store your credit card data. It is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
- All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
- PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Authorize.net Terms of Service or Privacy Statement.
- Google Analytics. Google Analytics is an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
2. Your Employer. If you have participated in the service in connection with a testing program offered by your employer or place of business, DxTerity will share the results of your tests and your Account Information with your employer. You may be able to opt-out or decline such sharing in specific scenarios as discussed separately as part of the consent process.
3. Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of DxTerity or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.
4. Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:
- Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);
- Comply with requests or investigations by public authorities;
- Comply with applicable laws or regulations;
- Enforce or apply DxTerity’s policies or policies of our business partners;
- Protect the security or integrity of the Services; or
- Protect the rights, property, or safety of DxTerity, our employees or users, partners and affiliates, or other natural persons.
Section 4 – Cookies & Other Tracking Technologies
DxTerity may process information by using technologies and methodologies, such as tags, web beacons or other similar technologies that enable tracking as you browse our Services. Cookies are small files used by many websites that reside on your computer’s hard drive and store information about your use of a particular site.
Generally, we use first-party and third-party cookies for the following purposes: to make our Services function properly; to provide a secure browsing experience during your use of our Services; to collect passive information about your use of our Services; to measure how you interact with our marketing campaigns; to help us improve our Services; and to remember your preferences for your convenience. Some cookies may process your personal information.
We may use the following types of cookies on our Services:
- Strictly Necessary Cookies - These cookies are essential because they enable you to use our Services. For example, strictly necessary cookies allow you to access secure areas on our Services. Without these cookies, some services cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Services to work, and they cannot be disabled.
- Functional Cookies - We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Services. Functional cookies are not used to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.
- Performance or Analytic Cookies - These cookies collect passive information about how you use our Services, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Services. Performance or Analytic cookies are not used to target you with online marketing. You can disable these cookies.
- Targeting Cookies – These cookies are used for advertising and marketing. You can disable these cookies.
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 Services by taking the steps outlined below:
- First-Party Cookies. You can use the browser with which you are viewing this 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 Services may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
- Third-Party Cookies. To opt-out of some third-party advertising networks and similar entities that use advertising cookies go to http://www.aboutads.info/choices. 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.
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 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.
Section 5 - Your Choices
2. Objection to Certain Processing. You may object to our use or disclosure of your personal information by contacting us at the email provided in this Policy.
4. Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.
6. Right to Appeal. We reserve the right to reject any request made under this Section. Once we have rejected your request, you may appeal our rejection by contacting us by email.
If you are located in the European Economic Area, the United Kingdom or Switzerland, please refer to the section below entitled, “Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland” for information about additional choices and rights to your Personal Information.
Section 6 – Third-Party Services
Section 7 – Security
To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us
Section 8 – Children’s Privacy
By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence (18 in the U.S.) and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.
Section 9 – Retention
We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable laws. Otherwise we will delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.
Section 10 –Notice to Individuals in California
This Section 10 applies only to California residents and contains the information that the Californian Consumer Privacy Act of 2018 (“CCPA”) requires us to disclose. For purposes of this Section 10 only, “Personal Information” has the meaning given in the CCPA, but excludes information exempted from the scope of the CCPA. This Section describes DxTerity’s collection, use and sharing practices in relation to Personal Information of California residents during the twelve (12) months preceding the effective date of this notice, and informs California residents of their rights with respect to that Personal Information. You can find a list of the categories of information that we collect and share here. Please note that because this list is comprehensive it may refer to types of information that we share about other people. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the information in the "Contact Information" section below.
Your Rights and Choices
As 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.
In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us. If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:
1. A completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer’s behalf.
2. If you are a business, proof that you are registered with the Secretary of State to conduct business in California.
If we do not receive both pieces of information, the request will be denied.
- Right Against Discrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions. We will not discriminate against you for exercising your right to know, access, deletion or to opt-out of sales.
- Right to Know. You have the right to request the following information about how we have collected and used your Personal Information during the past twelve (12) months:
- The categories of Personal Information that we have collected.
- The categories of sources from which we collected Personal Information.
- The business or commercial purpose for collecting and/or selling Personal Information.
- The categories of third parties with whom we share Personal Information.
- Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.
- Whether we have sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.
- Right to Access.You have the right to request a copy of the specific Personal Information we collected about you during the twelve (12) months before your request.
- Right to Deletion.You have the right to request a copy of the specific Personal Information we collected about you during the twelve (12) months before your request.
- Right to Opt-Out of Sales. You have the right to opt-out of having your Personal Information sold. We do not sell your Personal Information.
- Right to Opt-Out of Sharing. You have the right to opt-out of having your Personal Information "shared" as that term is defined under applicable law.
California law permits California residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section, below.
Section 11 – International Transfers
Individuals located in the European Economic Area (“EEA”), the United Kingdom or Switzerland at the time they access our Services, please see section 12, below.
Section 12 – Notice to Individuals in the European Economic Area, the United
Kingdom and Switzerland
This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time of data collection.
1. Our Relationship to You. DxTerity is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.
2. Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.
- Section 2(1) To Provide Our Services.
- Section 2(2) To Provide You with Service-Related Communications.
- Section 2(3) To Enforce our Terms, Agreements, or Policies.
- Section 3(1) Third-Party Service Providers.
- Section 3(3) Merger, Bankruptcy, or Corporate Reorganization.
- Section 3(4) Legal Obligations and Safety.
- You can request access or deletion of your Personal Information.
- You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
- If we process your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- If you believe our processing of Personal Information infringes the GDPR requirements , you have a right to lodge a complaint with your local data protection authority.
4. Transfer of Your Personal Information. When you access or use our Services, your Personal Information may be processed in the United States or any other country in which DxTerity, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.
We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses.
Questions & Contact Information
DxTerity Diagnostics Inc.
Re: Privacy Compliance Officer
19500 S. Rancho Way, Ste. 116
Rancho Dominguez, CA 90220
*****Separate page to be linked from the Information for California Residents Section*****
California Information Sharing Disclosure
California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether the following categories of personal information are collected, transferred for “valuable consideration,” or transferred for an organization’s “business purpose” (as those terms are defined under California law). We do not “sell” your personal information. The table below indicates the categories of personal information we collect and transfer in a variety of contexts. Please note that because this list is comprehensive, it may refer to types of information that we collect and share about other people. For example, while we transfer credit card or debit card numbers for our business purpose in order to process payments for orders placed with us, we do not collect or transfer credit card or debit card numbers of individuals that submit questions through our website’s “contact us” page.
In addition, we may disclose information when requested to government entities, auditors, lawyers, consultants, and other parties as required by law concerning any category (e.g., in response to a subpoena).
Categories of Personal Information We Collect
To Whom We Disclose or Share Personal Information for a Business Purpose
Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers.
Categories of Personal Information We Collect
To Whom We Disclose or Share Personal Information for a Business Purpose
Additional categories of personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – this may include signature, physical characteristics or description, insurance policy number, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information.
Characteristics of protected classifications – this may include age, sex, race, ethnicity, physical or mental handicap, etc.
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement.
Audio, electronic, visual, thermal, olfactory, or similar information
Categories of Personal Information We Collect
To Whom We Disclose or Share Personal Information for a Business Purpose
Professional or employment-related information
Inferences drawn from any of the information listed above
Categories of Sensitive Personal
Information We Collect
Purposes for which it is collected
Is information sold or shared for the purpose of cross-context behavioral
Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
Services to you