healthŌme Privacy Policy

Your privacy is important to us. This privacy policy (“Privacy Policy”) applies to your use of the Services offered by healthŌme, Inc. is referred to in this Privacy Policy as “healthŌme,” we,” “us,” or “our.” Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the Terms of Service.

This Privacy Policy applies to any information we collect or maintain about you, including (1) personal information that you provide to us on or through the Services, and (2) information collected through your use of or interaction with the Services. This Privacy Policy also explains the use of cookies and similar technologies on the Services. Your access to and use of the Services constitutes acceptance of this Privacy Policy and consent to our collection and use of your information as outlined below.

Please note that the Services are directed towards users who reside in the United States. It is not our intent to gather personal information from individuals residing outside the United States. This Privacy Policy does not apply to instances where your information is collected under a different privacy policy or notice made available to you at the time your information is collected.

1. MINORS

Our Services are not intended for or designed to attract children under the age of 18. Moreover, we do not knowingly collect any personal information from anyone under the age of 18 without the consent of a parent or guardian, and you must be 18 years of age or older to submit registration or survey information. Should you believe that a minor of whom you are a parent or guardian has registered, please contact us at privacy@healthome.com and we will make reasonable efforts to remove all personal information related to the minor.

2. PRIVACY POLICY UPDATES

From time to time, we may revise this Privacy Policy. Any such changes to this Privacy Policy will be promptly reflected on this page. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of these Services will be subject to the then-current Privacy Policy. The effective date of this Privacy Policy is provided above.

3. PERSONAL INFORMATION WE COLLECT

You can generally visit the Site without revealing any personal information about yourself. However, to access the Services we may ask you to provide certain personal information and without providing such personal information, you may be unable to access the Services. The following is a list of information that we may collect from or about you:

• Personally identifying information, including your name and contact information, such as your physical address, e-mail address and phone number
• Electronic signature
• Demographic information, including your gender, date of birth and zip code
• Account information, including your username and password
• Device and/or browser information, including your IP address, operating system, connection speed, bandwidth, browser type, web page requests, cookie information, other hardware and software attributes
• Location information
• Usage activity and viewing preferences
• Photographic or video images submitted for identification purposes, including photographs of your driver’s license or passport
• User information, including information or content you post or submit on the Services
• Transaction history
• For Providers: your name and contact information
• Other, including information we collect from or about you in other online or offline contexts, including information submitted during use of the Services and interactions with our employees and contractors.

In addition, when you request Services from the Laboratories, Practices or Providers through the Site, you may share:

• Personal information: your name and contact information and demographic information
• PHI (Defined below), including medical and family history submitted for genetic testing and counseling purposes, as well as current clinical diagnoses or other reason for visiting a Provider
• Date of visit
• Images or videos you share for counseling purposes
• Communications with the Practice or its Providers

The information you provide to a Laboratory, Practice or Provider through the Site or in connection with the Services may be protected under applicable federal and state laws applicable to health information, including but not limited to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its implementing regulations, as may be amended from time to time (collectively, “HIPAA”). To the extent applicable, the Laboratories, Practices and Providers will use and disclose information about you that is protected under such privacy laws only as permitted or required by such laws. The Laboratories, Practices and Providers each have adopted a Notice of Privacy Practices that describes how they use and disclose PHI. By accessing or using any part of the Service, you are accepting the Notice of Privacy Practices. If you do not agree with the terms of the Notice of Privacy Practices, you must immediately cease using the Service. If you have any questions about the Laboratories’, Providers’ or Practices’ use of your personal information, please contact privacy@healthome.com or visit the privacy policy section on the website of the applicable Laboratory, Provider or Practice: steadymd.com; kailosgenetics.com; or proteanbiodx.com. You understand and agree that we are not involved in and have no control over how such Laboratories, Providers and Practices use your personal information and PHI and therefore, you hereby understand and agree that we will have no liability, and we hereby disclaim all liability arising out of or in connection with, a breach by such third party of the terms of the Notice of Privacy Practices.

We will not use or disclose PHI or other information about you that is protected under health information privacy laws except as specifically authorized by you, but we may combine the personal information your share with us through the Services with other information we collect from or about you, both online and offline. We also may combine personal information with records provided by third parties. We use this consolidated information to help us better design our Services, including the selection of Services, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions. We also may de-identify PHI, and use such de-identified data for research or marketing purposes, or any other purpose not prohibited by law.

4. HOW WE COLLECT PERSONAL INFORMATION

We may collect information directly from you when you visit the Site, access or use the Services or when you register an account with us. We may also collect information when you access a Service available through our Site, submit information to use through a survey, communicate with us or post or submit content on the Site or in connection with the Services.

In addition to the information we collect directly from you, with your specific authorization, we also may collect information from the Laboratories, the Practice and/or Providers who provide genetic testing and counseling Services to you. This information may include, but is not limited to, family medical history, genetic testing results, medical records, genetic counseling records, treatment plans, and clinical trial participation records. We also may receive information from the insurance carriers whose policies pay for your testing and care, which may include insurance policy and other coverage information.

Some of the information we collect depends on the settings on your web browser or mobile device. Please check your web browser or mobile device if you want to learn what information your browser or mobile device sends or how to change your settings. In addition to the information sent by your web browser or mobile device, as you navigate through a website or mobile app, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection.

Like most website operators, we use cookies and similar technologies, local shared objects (or any other successor tracker technology), Software Development Kits, and pixel tags that automatically receive and track certain data about how you and other visitors interact with our Services, preferences expressed and settings chosen. For example, we may collect information about the technology you use (such as your browser, type of computer, operating systems, mobile device and network used, and Internet service providers) and server log data (such as access dates and times, online features or pages viewed, system activity, and the third-party site or service you were using before interacting with our Services). These technologies are described in more detail below.

“Cookies” are small text files that are stored on your browser or device by websites, mobile apps, online media and advertisements. There are different types of cookies. Cookies served by the entity that operates the website or app you are visiting or using are called “first party cookies” (so cookies served by us while you are using our Services are first party cookies). Cookies served by companies that are not operating the website or app you are visiting or using are called “third party cookies” (so, we may use a website analytics provider to set a cookie on your computer via our Services while you visit our Services, and that would be a third party cookie). Cookies may also endure for different periods of time. “Session Cookies” last only as long as your browser or app is open. These are deleted automatically once you close your browser or app. Other cookies are “persistent cookies” meaning that they survive after your browser or app is closed (for example, they may recognize your computer when you re-open our online services).

“Local shared objects” (also called Flash cookies or HTML5 cookies) and any other successor technology refers generally to the collection of cookie-like data stored on a browser or computer by web sites, ads, or third parties.

“Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a web page, app or advertisement which can retrieve certain information about your device and browser, including device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information (including the small text file (the cookie) that uniquely identifies the device). Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, thereby allowing such partners to collect certain information about user interaction with the app, information about the user device and network information.

5. HOW WE MAY USE PERSONAL INFORMATION

We may use the personal information identified above to:

• Verify your identity and your location;
• Provide or arrange for Services to be provided to you;
• Provide information about our Services to you;
• Fulfill your requests;
• Manage your account;
• Communicate with you;
• Assist the Laboratories, and Practices and Providers in their fulfillment of the Services they provide to you;
• Provide you with research opportunities;
• Provide support and training;
• Develop, test or improve the Services, including its features and/or the Services and Products;
• Facilitate marketing activities and/or promotions;
• Analyze behaviors on the Services (e.g., evaluating site usage patterns, assessing throughput);
• Protect or enforce our rights, title, and interest;
• Comply with applicable law, regulation, legal process, or other government authority;
• Investigate fraud; and
• Any other such use that is otherwise necessary under applicable law.

6. WHOM WE SHARE PERSONAL INFORMATION WITH

Subject to the limitations described in the Applicability of HIPAA section below, we may share the information we collect from you with the following third parties:

• Our third party service providers (“Vendors”) that provide services to us to enable us to provide the Services, such as the hosting of the Services, data analysis, IT services and infrastructure, customer service, email delivery, and other similar services
• Our Vendors that provide services to enable us to run our business and administrative operations, such as legal and financial advisory services, auditing services, and other similar services
• Our Vendors that enable us to promote and advertise the Services, – as well as those that enable us to comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and other similar services
• The Laboratories, Practices and Providers to enable them to provide services to you via the Services

We also may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.

7. SOCIAL MEDIA PLUGINS

The Services may use social media plugins (e.g., the Facebook “Like” button, ‘“Share to Twitter”‘ button) to enable you to easily share information with others. When you visit the Services, the operator of the social plugin can place a cookie on your computer, enabling that operator to recognize individuals who have previously visited the Services. If you are logged into the social media website (e.g., Facebook, Twitter, LinkedIn) while browsing on the Site, the social plugins allow that social media website to receive information that you have visited the Site. The social plugins also allow the social media website to share information about your activities on our Site with other users of their social media website. For example, Facebook Social Plugins allows Facebook to show your Likes and comments on our pages to your Facebook friends. Facebook Social Plugins also allow you to see your friends’ Facebook activity on our Services. We do not control any of the content from the social media plugins. For more information about social plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.

8. HOW LONG DO WE RETAIN PERSONAL INFORMATION?

healthŌme may retain your information for as long as it believes necessary, including as long as necessary to comply with applicable law, resolve disputes or enforce its agreements, and/or as long as needed to provide you with the Services. healthŌme may dispose or delete such information at any time, except as set forth in any agreement you enter into with healthŌme, or as required by law.

Similarly, the Laboratories, Practices and Providers may retain your information for as long as they believe necessary, including as long as necessary to comply with applicable law, resolve disputes or enforce their agreements, and/or as long as needed to provide you with the Services. The Laboratories, Practices and Providers may dispose or delete such information at any time, except as set forth in any agreement entered into with healthŌme, or as required by law.

In the event we retain and use personal information for purposes not covered by the original notice, we will provide you with additional notice.

9. OPT OUT

If you don’t want your name and/or contact information to be used in the manner described in this Privacy Policy, you may indicate this at the time you provide the information. If an “opt-out” option is not offered, or you decide after you have provided this information that you do not want us to share your information with us or our third parties, you may also notify us at privacy@healthome.com We cannot, however, remove your name from any third party list; you will have to contact them directly.

10. APPLICABILITY OF HIPAA

As described in our Terms of Service, healthŌme does not engage in the practice of medicine or other licensed profession and is not a health care provider or a “covered entity” as defined by HIPAA. The Laboratories, Practices and their Providers each may be considered a “covered entity” under HIPAA. In general, the Laboratories, Practices and their Providers will share PHI with healthŌme only as specifically authorized by you pursuant to a HIPAA-compliant authorization (“Authorization”). Genetic information is PHI, as defined by HIPAA. As further described in the Authorization, once such information is shared with healthŌme it is no longer protected by HIPAA. However, healthŌme will use your information only as described in this Privacy Policy. healthŌme may, in some cases, also be a “business associate” of a Laboratory, Practice or Provider. If healthŌme is deemed a “business associate,” we will be subject to additional protections with respect to your “protected health information,” as defined under HIPAA (“PHI”), or other state laws. Your PHI will be used and disclosed only in accordance with such applicable laws and regulations.

11. APPLICABILITY OF GINA

The Genetic Testing Nondiscrimination Act of 2008 (“GINA”) protects individuals from discrimination based on their genetic information with respect to both: (a) obtaining and maintaining health insurance (Title I), and (b) employment (Title II). More specifically, GINA prohibits health insurers from using genetic information to determine if someone is eligible for insurance or to make coverage, underwriting or premium-setting decisions. Health insurers also cannot make individuals or their family members undergo genetic testing or provide genetic information. Similarly, GINA prohibits employers from requiring or requesting genetic information and/or genetic tests as a condition of employment.
Please note, GINA’s health insurance protections to do not extend to life insurance, long-term care insurance or disability insurance, although some states have laws that extend additional protections again genetic discrimination in these lines of insurance. GINA’S employment protection do not apply to the military or employers with fewer than 15 employees.

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While healthŌme offers access to genetic testing and counseling through the Site, healthŌme will not share any genetic testing information with any third party except as set forth in this Privacy Policy or as specifically authorized by you.

12. SECURITY

We may employ procedural and technological security measures, consistent with industry practice. Such measures are reasonably designed to protect your personal information from loss, unauthorized access, disclosure, alteration or destruction. We may use encryption, password protection, secure socket layers, internal restrictions and other security measures to help prevent unauthorized access to your personal information. However, you provide your information to us at your own risk. We cannot guarantee that your data will not be lost, accessed without authorization, disclosed, altered, or destroyed.

13. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of healthŌme to third parties for the third parties’ direct marking purposes. To make such a request, please send an email to privacy@healthome.com with the title “Shine the Light”.

14. DO NOT TRACK MECHANISMS

Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.

15. LINKS TO THIRD-PARTY SITES

Our Services may contain links to other websites on the Internet that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that we are providing these links to you only as a convenience, and you agree that we are not responsible for the content of such websites. Your use of these other linked websites is subject to the respective terms of use and privacy policies located on the linked websites.

16. CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us at privacy@healthome.com.

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