My Gene Counsel Privacy Policy

Last Modified: February 3, 2017

Welcome to My Gene Counsel (“My Gene Counsel,” “we,” “us,” or “our”).  This website is operated by My Gene Counsel, LLC and was created to access the Services provided by My Gene Counsel and to provide information about our company.

This privacy policy (“Privacy Policy”) describes how My Gene Counsel and its business partners, affiliates, and agents (collectively “Partners”) collect, use, protect, disclose, and share personal information of users (“you,” “your”) of the My Gene Counsel website, portal, services, products, or software (collectively the “Services”) provided by My Gene Counsel and any other information that is collected from site visitors.

Our Privacy Policy applies to all visitors, users, and others who access the Services (“Users”).  Please read it carefully.  By using any of the Services described below, you are acknowledging that this Policy applies to your use of this website and the Services.  

My Gene Counsel is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

Contents

Information We Collect

A. Information You Give Us

B. Information We Obtain from Others

C. Information Automatically Collected

D. Cookies

E. Aggregated Personal Data

Use of Personal Information

Sharing of Personal Information

Information Choices and Changes

Security of Your Personal Information

Children’s Online Privacy Protection Act Compliance

Under Age 18

Links to Other Web Sites

Other Terms and Conditions

Changes to this Privacy Policy

Contacting My Gene Counsel

 

Information We Collect

We acquire information about you in a variety of ways:

A. Information You Give Us

We may collect the following information from you:

Personal Data. Information that personally identifies you, or information that is combined with information that personally identifies you, including Registration Information, Individual Genetic Data and Self-Reported Information.

Registration Information. When you register an account with us or use our Services, we collect personal information, such as:

·      Your first and last name

·      Your birth date

·      Your‎ e-mail address

·      Your My Gene Counsel account username and password

·      Demographic information (such as your gender and ethnicity) which you may voluntarily provide
Your referring physician’s information: (specifically: name, e-mail address, description, specialty, and phone number)

·      Health information and other information you give us directly through our Website (including the registration process, technical support process, or general correspondence) or through our Services.

·       Billing address and payment information (to the extent that any part of the Services involves payment of fees) 

Self-Reported Information. You have the option to provide us with additional information about yourself through surveys, forms, features or applications of the Services. For example, you may provide us with information about your personal characteristics (e.g., eye color, height), ethnicity, disease conditions (e.g. Diabetes), other health-related information (e.g. blood pressure, blood type, family medical history). 

Blogs. Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them and do not constitute Personal Data. Please note that whenever you post something publicly, it may be impossible to remove the information if a third party has captured the information and posted it on a non-MGC controlled location. Please exercise caution before choosing to share personal information publicly on our blogs, community forums or in any other posting.

Testimonials. We may post customer testimonials either on our website or in other online or offline formats. Customer testimonials may contain personal information and it is our policy to request consent from customers in advance of using testimonials. If you wish to update or delete your testimonial, you can contact us at updates@mygenecounsel.com  

Customer service. When you contact us about our Services, we collect information to: track and respond to your inquiry; investigate any breach of our Terms of Use, Privacy Policy or applicable laws or regulations; and analyze and improve our Services.

Information related to our genetic testing services 

Individual Genetic Information. Individual Genetic Information refers to features of your DNA that distinguish you from other people (e.g. the As, Ts, Cs, and Gs at particular locations in your genome). Individual Genetic Information includes any information derived from your Individual Genetic Information (i.e., information about your individual genotypes, diseases, tumor samples, racial and ethnic origin or other traits/characteristics) reported to you, or provided by you, as part of our Services.

B. Information We Obtain from Others

We may obtain information about you from third party sources you have authorized to share your information to us on this website, such as physicians, clinicians and medical laboratories.    This may include, but is not limited to:

·      Your name and address

·      Date of birth

·      Gender

·      Medical record number

·      Laboratory results

·      Your referring physician’s information: (specifically: name, e-mail, description, specialty, and phone number)

·      Your location

·      Your cancer diagnosis and/or clinical history

·      Postings by your referring physician.

C. Information Automatically Collected

By using My Gene Counsel’s Services we automatically collect certain information as a result of your use of the website (collectively “Technical Data”):

·      Your computer operating system type

·      Browser type

·      Browser language

·      The website you visited before browsing our Website

·      Pages you viewed,‎ how long you spent on a page on our website Access times

·      Internet protocol (IP) address

·      Geo-location (to the extent you enable sharing this data with us on your mobile device) Information about your use of and actions on our Website.

My Gene Counsel, LLC may store such information itself, store or maintain it through our Partners. This Service may use such information and pool it with other information to track, for example, the total number of visitors to our Service, the number of visitors to each page of our website, and the domain names of our visitors’ Internet service providers. It is important to note that pooled information of this kind does not include Personal Data.

D. Cookies

In operating the Services, we may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. Cookies help us make our Services and your visit better. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service’s features.

E. Aggregated Personal Data

To better understand and serve the users of My Gene Counsel services, we may conduct research on customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our Partners. My Gene Counsel may also disclose aggregated user statistics in order to describe our services to current and prospective Partners and to other third parties for other lawful purposes.  This aggregate information does not identify you personally.

Use of Personal Information

We may use your Personal Data and Technical Data to:

1.     Provide you access to: My Gene Counsel services, to monitor your use of such services, improve the content and functionality of the Services and to better understand our users and their use of the Services.

2.     Respond to comments and questions and provide customer service.

3.     Communicate with you about your account, updates, and other news about products and services offered by our company.  Communications we send you will contain instructions permitting you to “opt-out” of receiving future communications.

4.     Notify you, if you request to be notified, when updates to the information tied to your laboratory reports changes significantly or if new trials become available.

5.     Provide and deliver products and services that customers request.

6.     Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity or enforce our Terms of Service.

 

We may use your Individual Genetic Data to:

1.     Provide the Services to you.

2.     Respond to your requests to store Individual Genetic Data.

3.     Share Individual Genetic Data with others as authorized by you.

4.     Conduct analytics to improve and enhance our Services.

5.      Process and deliver your genetic testing results.

6.     Conduct research and development to develop new services, or improve existing Services.

7.     Perform quality control analytics.

8.     To invite you to participate in clinical trials, conferences, and studies that may apply to you.

Sharing of Personal Information

My Gene Counsel will not sell, trade, license or otherwise transfer your Personal Data to third parties for marketing, advertising or other purposes not disclosed in this Policy. We consider the privacy of your Personal Data to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

1.     We may share Personal Data (including your Individual Genetic Information) with your clinicians.

2.     We may share Personal Data (including your Individual Genetic Information) with Partners who support this website (including technical support) and our business operations, and who have agreed to maintain the confidentiality of such data. 

3.     We may share and transfer your Personal Data, including Individual Genetic Information, to a third party in connection with the transfer or sale of all or part of our business assets, such as in a merger, financing, acquisition, or bankruptcy transaction or proceeding.

4.     We may share Personal Data, including Individual Genetic Information, for legal and safety purposes in the event that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of My Gene Counsel and its affiliates, this includes enforcing our agreements, policies, and our Terms of Service, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

5.     We may share Personal Data, including Individual Genetic Information, with those who need it to do work for us (such as consultants and independent contractors who are subject to our Business Associate Agreement). When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

6.     We may also share Personal Data, Individual Genetic Information, and Technical Data with third parties for other purposes without your consent, but only in an aggregated or anonymized format.

Information Choices and Changes

If you choose not to provide any Personal Data, you may not be able to use certain services provided by My Gene Counsel, LLC.

You may “opt-out” of marketing e-mails by clicking on the “unsubscribe” link in such e-mails; however, changes to notifications regarding updates to your laboratory results requires you to visit your account information on our site.  You also have the option of closing your account. 

You can typically remove and reject cookies from our Website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Website works for you.

Security of Your Personal Information

My Gene Counsel, LLC takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free.  You understand and agree that security incidents may happen even when safeguards are in place.

You also play a role in the safety and security of your personal information.  You are responsible for keeping your username and password safe and confidential.  Do not share your password with anyone. My Gene Counsel holds your account information only until the account is deleted, however, we keep anonymized information pertaining to your account permanently.

Children’s Privacy

My Gene Counsel services are not directed at children under the age of 13.  However, individuals of all ages are affected by varying health conditions and/or have lab results that may benefit from the services provided by My Gene Counsel.  In such cases we require that parents or guardians use our Services on their child’s behalf.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to the Services, please contact us at updates@mygenecounsel.com and we will delete that information from our databases.

Under Age 18

Minors under 18 years of age may have their personal information provided to My Gene Counsel deleted by sending an e-mail to at updates@mygenecounsel.com Please note that while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.

Links to Other Web Sites:

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by My Gene Counsel (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that My Gene Counsel endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Health care professionals and laboratories who provide patient services are responsible for determining uses and disclosures of patient health information in accordance with state and federal medical privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Other Terms and Conditions:

Your access to and use of this Site is subject to My Gene Counsel’s Terms of Use

Changes to this Privacy Policy

This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security practices evolve.  We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice.   If we make any changes, we will change the “last updated” date at the beginning of this document. However, if My Gene Counsel decides that it would like to make different uses of Personal Data that are inconsistent with the uses noted in this Privacy Policy, you will have prior notice of such uses and an opportunity to opt-out.  Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes. Your continued use of the Services after any changes or revisions to this Privacy Policy, or after any opt-out period we have offered, shall indicate your agreement with the terms of such revised Privacy Policy.

Contacting My Gene Counsel

To keep your Personal Data accurate, current, and complete, please contact us as at: updates@mygenecounsel.com. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site.