Privacy Policy

Effective: March 21, 2017
Last Updated: February 21, 2017

 

We want you to understand how and why we collect, use, maintain, and disclose your Personal Information, and this Privacy Policy governs the manner in which Toolbox Genomics, Inc. collects, uses, maintains and discloses information collected from users of our Services. By creating and registering an Account with Toolbox Genomics, you agree, accept, and opt in to the practices described herein. We may update this Privacy Policy from time to time, so please check this Privacy Policy periodically for changes. If you have additional questions or would like further information on this topic, please feel free to contact us at privacy@toolboxgenomics.com.

SUMMARY

This Privacy Policy notifies you of:

  • What Personal Information about you is collected from you through the Services,
  • How such information is used and processed;
  • With whom such information may be shared;
  • What choices are available to you regarding collection, use, and distribution of such information;
  • The types of security measures we employ to protect Personal Information; and
  • How you can correct any inaccuracies in the information you provide to us, remove such information, and close your Account.

You always have the right to access Personal Information about you and to obtain from Toolbox confirmation as to what, how, and why Personal Information is being processed by Toolbox. Upon your written request, Toolbox will remove any Genetic Information and Self-Reported Information provided by you to Toolbox and will cease using such Personal Information, subject to the terms of this Privacy Policy and the Toolbox Terms of Service. You may request access to and removal of such Personal Information and other Personal Information as collected by Toolbox by sending a written request to Toolbox at privacy@toolboxgenomics.com. If requested by you, Toolbox will endeavor to provide your Personal Information in a commonly used and machine readable format, which you have the right to use and transmit to another data controller.

By using or accessing any of the Services, you opt in and agree to be bound by all terms in this Privacy Policy, so please review it carefully in advance of using or accessing any of the Services or disclosing any information to Toolbox.

1. General Definitions

“Agreement” or “Privacy Policy” means this Privacy Policy and includes all terms and conditions contained herein.

Account” means any and all records created pursuant to the relationship created between you and Toolbox, whether created online via the Toolbox website, by a consent letter or form, or otherwise, in which you provide Toolbox Personal Information in order to use and access the Services.

“Personal Information” means information that can be used to identify you, either alone or in combination with other information.

“Terms of Service” means the Toolbox Terms of Service, the most current version of which is available at www.toolboxgenomics.com/terms-of-service/.

“Toolbox Genomics,” “Toolbox,” “we,” “us,” or “our” means Toolbox Genomics, Inc., a Delaware Corporation, whose principal place of business is at 2443 Fillmore Street, Suite 328, San Francisco, California 94115.

“Toolbox Research” means analysis by Toolbox of its Services, the Toolbox website, Aggregated Genetic and Self-Reported Information, its platform, and efficacy with its users. Toolbox Research only uses individual Genetic Information and/or Self-Reported Information from users who have given informed consent according to an applicable consent document.

“Service” or “Services” means Toolbox’s products, software, services, reports, and Toolbox website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you regardless if the use is in connection with an Account or not.

“Toolbox website” means the Toolbox Genomics website located at www.toolboxgenomics.com.

“You,” “Your,” or “user” means you, the individual using or accessing the Services, whether acting on your own behalf or for anyone for whom you have legal authority to agree and act on behalf of or otherwise.

2. What Information Is Collected

Toolbox collects and stores the following types of information in and through the Services that may, alone or in combination with other information, constitute Personal Information:

“Registration Information” is the information you provide, including information about yourself, when registering for and/or purchasing Toolbox Services (e.g., name, email, address, user ID and password, and payment information), whether provided in a consent letter or form, or online, and regardless of whether or not the information is provided via the Toolbox Website or in connection with an Account.

“Genetic Information” is information regarding a genotype (e.g., the As, Ts, Cs, and Gs at particular locations in a genome), generated through processing of or otherwise provided from (i) genetic data and/or genetic information provided by you to Toolbox (through the Toolbox website or otherwise), including raw genetic data and digital versions of the same (which may have been created or generated by third parties, including genetic testing services such as 23andMe, Inc.; (ii) your saliva by Toolbox or by its contractors, successors, or assigns; or (iii) information otherwise processed by and/or contributed to Toolbox.

“Self-Reported Information” is all information about yourself or otherwise reported by you, including information relating to nutrition, diet, disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you provide or enter into surveys, forms, or features while using or accessing Toolbox Services and/or signed in to your Toolbox Account.

“User Content” is 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 Toolbox Services and transmitted, whether publicly or privately, to or through Toolbox.

“Toolbox Website Behavior Information” is information on how you use the Toolbox website (e.g., browser type, page views, Internet Protocol (“IP”) address from which you access the Services, domains, uniform resource locator (“URL”) of the website from which you came and the website to which you proceed once you leave the Toolbox website) collected through log files, cookies, and web beacon technology.

“Aggregated Genetic and Self-Reported Information” is Genetic Information and Self-Reported Information that has been de-identified and combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.

If you communicate with Toolbox by email or otherwise, post User Content to the Toolbox website or via Toolbox Services, post messages to any forums, complete online forms, questionnaires, surveys, or entries, provide information outside of the account registration process, or otherwise interact with or use the features on the Toolbox website, a record of such communications may be kept.

Non-personally identifiable aggregate information collected by Toolbox (such as patterns of utilization) is exclusively owned by Toolbox and may be used as it sees fit in accordance with applicable law.

Cookies

Like most web sites, the Toolbox website uses cookies and web log files to track site usage. A cookie is a tiny data file that resides on your computer that allows Toolbox to recognize you as a user when you return to the Toolbox website using the same computer and web browser. Like the Registration Information you provide during account registration, cookie and log file data is used to customize your experience on the Toolbox website. One type of cookie, known as a “persistent” cookie, is set once you have logged in to your Toolbox account. The next time you visit the Toolbox website, the persistent cookie will allow us to recognize you as an existing user so you will not need to log in before using the Toolbox website. In order to access or change any of your private information, you must log in with your password even if your computer contains your persistent cookie. Additionally, if you log out of the Toolbox website, you will need to re-enter your password the next time you visit in order to log in to your account. Another type of cookie, called a “session” cookie, is used to identify a particular visit to the Toolbox website. Session cookies expire after a short time or when you close your web browser. You can choose to disable cookies on your browser or allow your browser to notify you when a cookie is being sent, however this may prevent you from utilizing certain features of the Toolbox website and Toolbox Services.

Google Analytics

We use a tool called “Google Analytics” to collect information about use of the Toolbox website, including Toolbox Website Behavior Information. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to the Toolbox website. We use the information we get from Google Analytics only to improve the Toolbox website and our Services. We do not combine the information collected through the use of Google Analytics with Personal Information.  Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (available at https://www.google.com/analytics/tos.html) and the Google Privacy Policy (available at https://www.google.com/privacypolicy.html). You can prevent Google Analytics from recognizing you on return visits to the Toolbox website by disabling cookies on your browser. You can also download a Google Analytics op-out add on to your browser.

3. How Your Information Is Used

(i)        Genetic Information and Self-Reported Information

We use Genetic Information and Self-Reported Information for the following purposes:

  • To generate reports correlating, among other things, published nutritional and scientific data with the Genetic Information and Self-Reported Information provided by you to Toolbox;
  • To personalize the reports that Toolbox generates for you;
  • To personalize the user experience; and
  • To personalize features available in the Services.

(ii)       Registration Information

We use Registration Information for the following purposes:

  • To set up and maintain your Account registration with the Services;
  • To communicate with you;
  • To prevent and investigate fraud and other misuses;
  • To protect our rights and/or our property;
  • To operate and improve our products and services;
  • To manage the Services;
  • To provide features available in the Services;
  • To develop, improve, and protect the Services;
  • For market research;
  • To audit and analyze the Services; and
  • To ensure the technical functionality and security of the Services.

(iii)      Toolbox Website Behavior Information

We use the Toolbox Website Behavior Information for the following purposes:

  • To improve customer service;
  • To personalize the user experience;
  • To manage the Services;
  • To provide features available in the Services;
  • To personalize the Services;
  • To develop, improve, and protect the Services;
  • For market research;
  • For advertising purposes in compliance with applicable laws;
  • To audit and analyze the Services; and
  • To ensure the technical functionality and security of the Services.

(iv) Aggregated Genetic and Self-Reported Information

We use Aggregated Genetic and Self-Reported Information for the following purposes:

  • For Toolbox Research;
  • For other research for which you have given consent;
  • To improve customer service;
  • To personalize the user experience;
  • To manage the Services;
  • To provide features available in the Services;
  • To personalize the Services;
  • To develop, improve, and protect the Services;
  • For market research;
  • For advertising purposes in compliance with applicable laws; and
  • To audit and analyze the Services.

4. Disclosure of Information

Except as otherwise stated herein, Toolbox will not share Personal Information about you with any third party, except under these circumstances:

  • Carefully-screened partners or other service providers, such as contracted laboratories and laboratory processors, credit card processors, or data storage service providers, who receive information about you in order for you to use Toolbox Services;
  • If you have given consent for Toolbox Research, other research (including third party research partners), or research contractors to access your Genetic Information and Self-Reported Information online and at Toolbox’s offices for scientific research purposes, provided that any third party research partners and research contractors will be screened and supervised by Toolbox, and will be subject to the rules, policies, and guidelines established by Toolbox;
  • Toolbox may sell, transfer, or otherwise share some or all of its business or assets, including your Personal Information, in connection with a merger, financing, acquisition, dissolution transaction, bankruptcy proceeding, or reorganization or sale of Toolbox’s business or assets;
  • If Toolbox is required by law and by the appropriate authorities to do so (see the Information Disclosure Required By Law section below); or
  • If you have provided Toolbox with explicit consent to do so.

Information Disclosure Required By Law

You acknowledge and agree that Toolbox is free to preserve and disclose any and all Personal 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 process (such as a judicial proceeding, court order, or government inquiry) or obligations that Toolbox may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Toolbox Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Toolbox, its employees, its users, its clients, and the public. In any such event, Toolbox will notify you through the Registration Information or contact information you have provided to Toolbox in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including Personal Information, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Toolbox may, in its sole discretion, restrict access to the Toolbox website for any reason.

Except as otherwise stated herein, Toolbox will never release Genetic Information or Self-Reported Information to a third party without asking and obtaining explicit consent from you to do so, unless Toolbox is required to by law to do so. Toolbox does not and will not disclose or share Genetic Information or Self-Reported Information to insurance companies or employers.

5. Personal Information Provided as Part of User Content

If a user includes such user’s Personal Information as part of the User Content that such user posts or transmits to the Toolbox website, such information may be made available to any parties using the Toolbox website, Toolbox Services, and/or such User Content. Toolbox does not edit or otherwise remove such information from User Content before it is posted on the Toolbox website. If a user does not wish to have such user’s Personal Information made available in this manner, such user must remove any such information from the User Content before posting. User contact information (which may include, without limitation, a user’s username and email address) may be included with any User Content that a user posts via the Toolbox website. Toolbox is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manner.

6. Security of Information

Personal Information about users that is maintained on Toolbox’s systems and servers is protected using industry standard security measures. In order to secure your Personal Information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Toolbox website. Toolbox protects its databases with various physical, technical, and procedural measures and we restrict access to Personal Information by unauthorized persons. Toolbox also advises all Toolbox employees about their responsibility to protect Personal Information. However, no security measures are perfect or impenetrable, and Toolbox cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure. Toolbox is not responsible for the circumvention of any privacy settings or security measures contained on the Toolbox website by any users or third parties.

7. Children's Privacy

Toolbox is committed to protecting the privacy of children as well as adults. Neither Toolbox nor any of its Services are designed for, intended to attract, or directed toward children under the age of eighteen (18) years. Toolbox Services are restricted to individuals age eighteen (18) years and above. Toolbox does not knowingly collect personal information from children under the age of eighteen (18) years.

8. European Union Origin Data

Toolbox complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union (the “EU”) member countries. Toolbox has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. A violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, to the extent available, please visit https://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, Toolbox commits to resolve complaints about your privacy and our collection or use of personal information about you. Persons from the EU who have inquiries or complaints regarding this Statement should first contact us via: email at: privacy@toolboxgenomics.com.

Toolbox has committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, Toolbox, Inc. is potentially liable.

9. Your Choices

Generally, providing Personal Information other than Registration Information and Toolbox Website Behavior Information to Toolbox is voluntary and based only on your choice, your actions, and the permission you give Toolbox.

Giving consent to Toolbox to use the Genetic and Self-Reported Information provided by you for Toolbox’s Services, including its report generation services, Toolbox Research and other research for which you provide consent is completely voluntary.

Your sharing of Self-Reported Information through Toolbox Services, surveys, questionnaires, or other Toolbox website features, is voluntary.

9.1. Updating Registration Information; Opt-Out

If the Self-Reported Information or Registration Information you provided to Toolbox changes, Toolbox will endeavor to provide a way to correct, update, and/or remove your previously provided Self-Reported Information or Registration Information. This can be done by accessing your Account via the Toolbox website or by emailing a request to Toolbox at support@toolboxgenomics.com. When you sign up for updates or receive email messages from Toolbox, you will always be given the chance to opt-out of special offers and Services updates. You may change your preferences at any time and will only be contacted in a manner consistent with your stated preferences. All retained Personal Information will continue to be subject to the terms of the Privacy Policy to which you have previously agreed.

9.2. Accessing or Removing Personal Information About You

Upon your written request, Toolbox will remove any Genetic Information and Self-Reported Information provided by you to Toolbox and will cease using such Personal Information, subject to the terms of this Privacy Policy and the Toolbox Terms of Service. You may request access to and removal of such Personal Information and other Personal Information as collected by Toolbox by sending a written request to Toolbox at privacy@toolboxgenomics.com. If requested by you, Toolbox will endeavor to provide your Personal Information in a commonly used and machine readable format, which you have the right to use and transmit to another data controller. Please note that in certain circumstances, Toolbox may not be able to completely remove all of Personal Information about a particular user from its systems. For example, Toolbox may retain Personal Information about a user for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for Account recovery purposes, if required by law, or as retained in Toolbox’s data backup systems or cached or archived pages. All retained Personal Information will continue to be subject to the terms of the Privacy Policy to which the User has previously agreed. Notwithstanding the foregoing, you always have the right to access Personal Information about you and to obtain from Toolbox confirmation as to what, how, and why Personal Information is being processed by Toolbox.

9.3. Closing Your Account

If you no longer want to participate in Toolbox Services, you can close your Account by sending a request to support@toolboxgenomics.com. When you close an Account, Toolbox will remove all of Genetic Information and Self-Reported Information about you within thirty (30) days of your Account closure request. Any Genetic Information and/or Self-Reported Information that you have previously provided and for which you have given consent to use in Toolbox Research or other research cannot be and will not be removed from ongoing or completed studies that use this information. Toolbox’s laboratory contractors may retain Genetic Information about you as required by law. Registration Information may be retained as necessary for business purposes as related to your order history and for accounting, audit, and compliance purposes.

10. Your California Privacy Rights

California Civil Code Section 1798.83 permits users that are residents of California to request certain information regarding Toolbox’s disclosures of personally identifiable information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please email Toolbox at privacy@toolboxgenomics.com.

11. Governing Law and Arbitration

Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Toolbox arising out of or relating to this Privacy Policy (“Disputes”) shall be governed by California law regardless of your country of origin or where you access Toolbox Services, and notwithstanding of any conflicts of law principles and the United Nations Convention on Contracts for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

If any provision of this Privacy Policy is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions and shall not affect the validity of the other provisions.

12. Changes to Privacy Policy

You can see when this Privacy Policy was last updated by referring to the Last Updated legend at the top of this page. Toolbox reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. When any significant or material change is made to this Privacy Policy, a notice will be posted on the Toolbox website as part of this Privacy Policy for thirty (30) days. After such thirty (30) days, the changes will become effective. Additionally, all registered Toolbox users will receive an email or will receive a notice when logged into their Account notifying them of such changes.

You understand that you have an affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes. The most current version of the Privacy Policy is available at www.toolboxgenomics.com/privacy-policy/ and can also be provided upon request by emailing privacy@toolboxgenomics.com.

If you continue to use the Toolbox website and Services after the effective date of changes to this Privacy Policy, you will be considered to have agreed to and accepted the changes. If you do not agree to the changes to the Privacy Policy, you have the option of closing your Toolbox Account.

13. Contact Toolbox

Questions regarding this Privacy Policy or how Toolbox handles your Personal Information can be emailed to privacy@toolboxgenomics.com or can be sent in writing to:

Toolbox Genomics
ATTN: Privacy
2443 Fillmore Street, Suite 328
San Francisco, California 94115