Privacy Policy

Please read this privacy policy (“Privacy Policy”) carefully, as it describes how your personal information may be used and disclosed, and how you can gain access to this information. Please also read our Notice of Privacy Practices, which describes how medical information about you may be used, and how you can get access to that information.

This Privacy Policy applies only to EvolveGene’s customers’ use of EvolveGene’s website (the “Site”) and genetic screening services. It does not apply to information collected by any third party sites to which this Site links or to our screening, laboratory, counseling or diagnostic support services. This Privacy Policy is part of, and hereby incorporated into, the Terms and Conditions. By visiting this Site or using any of EvolveGene’s products or services (“Services”), you are agreeing to our Privacy Policy. If you cannot agree to our Privacy Policy, please do not use our Services.

Information EvolveGene May Collect About You and How It Is Used

We will only collect information that assists us to provide you with the Services that you have requested of us.

EvolveGene may collect personally identifiable information (PII) from you as you use this Site, such as your name, postal address, e-mail address, telephone number, social security number or credit card number. This information enables us to provide you with the services you request.

You will need a user account to request that we send your doctor information about authorizing our Service or to access screening results that were previously ordered by your physician. To create a user account, you must provide us with your name, email address, phone number and password. We use this information to create your account, verify your identity, and to communicate with you. Our email communications with you are often transactional or relationship messages, such as communications about billing, genetic counseling appointments, screen results or other Service-related notifications. You may not be able to opt out of receiving certain Service-related messages. If you sign up to receive marketing or informational announcements from us, such emails will include capability to opt-out of receiving such e-mails in the future.

If you are accessing screen results from a previous interaction with EvolveGene, we will request your date of birth and the cell phone number listed when you initially requested the screen. We will send you a text message with a verification code. We use these two factors to verify your identity.

When you order a screen, you will need to provide us with either with credit card payment or health insurance information, a shipping address, the name and location of your physician and relevant personal and family medical history. We use this information to process payment by credit card or by insurance carrier; to send the screening kit to you; to acquire authorization from your physician and to assist us in providing a comprehensive genetic report.

If you contact us via a form on the Site, for example, to request an appointment with a genetic counselor or to request financial aid, we require those fields because they are relevant to providing you with the assistance that you are requesting. We will only use this information in relation to the purpose for which you are providing it.

In order to permit you to access our website and services via the Internet, EvolveGene may also collect non-personally identifiable information when you visit our Site, such as your browser configuration, the type of operating system you are using, the address of the external or internal page that referred you, your IP address, and information about your Internet service provider. This information may be collected from every visitor and may be used to diagnose Site performance and usability. We may also collect protected health information (PHI), which is information that indicates the past, present or future health status of an individual. Examples of this can include your name associated with your family medical history or genetic screen results.

As a provider of healthcare services, we are subject to multiple laws on the retention of data. Accordingly, we retain any information collected about you for as long as we are required to maintain it for regulatory compliance purposes or for a legal or business necessity.

Keeping Your Information Secure

In all circumstances, we take your personal information seriously and maintain rigorous technical and organizational protections to prevent the unauthorized disclosure or access to your information. EvolvGene employs a range of physical, technical and administrative safeguards to secure the information you entrust to us and protect it from loss, misuse and unauthorized access, disclosure, alteration or destruction. Information you provide to EvolveGene through our website is encrypted using industry standard Secure Socket Layer (SSL) technology, and your protected health information is processed and stored in a cloud-based environment, behind firewalls on controlled servers with restricted access. In addition, EvolveGene limits our employees’ and contractors’ access to your protected health information. Only properly authorized employees and contractors with a valid purpose for accessing your information have such access. Our information security governance is in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and also meets the requirements and guidelines of the Clinical Laboratory Improvement Amendments (CLIA) and College of American Pathologists (CAP). We do not store any credit card information, and we are compliant with PCI data security standards.

You understand and agree that you also play a crucial role in protecting your own personal information. When registering on our website, you should choose a password of sufficient length and complexity. You should not share your password to any third parties, and you should notify us immediately if you become aware of any unauthorized access to your account. We will never ask you for your password in an unsolicited call or an unsolicited email. We may ask you to confirm personal identifiers when registering an account or requesting support, which we use in conjunction with other security measures, such as email verification, to confirm your identity and safeguard your personal information.

HOWEVER, YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION, AND EVOLVEGENE DOES NOT AND CANNOT GUARANTEE THAT PERSONALLY IDENTIFIABLE INFORMATION ABHOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS (I.E., HACKERS), WHO MAY USE VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA AND SOFTWARE TO OBTAIN ACCESS TO OR DAMAGE OUR SITE.

YOU AGREE THAT EVOLVEGENE IS NOT LIABLE FOR THE UNAUTHORIZED RELEASE OF YOUR RESULTS OR MEDICAL INFORMATION, UNLESS SUCH UNAUTHORIZED RELEASE WAS THE RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF EVOLVEGENE. YOU ACKNOWLEDGE THAT CERTAIN E-MAIL, SMS, TELEPHONE OR VIDEO COMMUNICATIONS MAY NOT BE ENCRYPTED AND/OR SECURE, AND, UNLESS YOU REQUEST THAT EVOLVEGENE NOT CONTACT YOU BY THOSE MEANS, THERE ARE RISKS ASSOCIATED WITH SUCH UNSECURED COMMUNICATIONS.

Information That May Be Shared with Third Parties

EvolveGene will keep your information private and will never sell your information. We will only share your information if we receive your consent, or in the following circumstances:

A) To third party vendors with which we contract to provide services that are necessary to the Site or with designated independent laboratories who will analyze your samples, to the extent the release of such information is necessary for their analysis. Such vendors and laboratories are contractually or, in some cases, legally required to protect the information we share with them and may only use such information for that purpose.

B) We may disclose information we maintain if (1) we believe, in good faith, that doing so is reasonably necessary to comply with the law or legal process or to comply with a legal duty to inform others; (2) to protect and defend our rights and property; (3) to address fraud, security or spam in order to protect against the misuse or unauthorized use of the Site; (4) to protect the personal safety, property, or rights of our users or the public, including, without limitation, as we believe that it is necessary to prevent imminent and serious bodily harm to a person, or (4) in connection with a corporate transaction, such as a merger, consolidation, divestiture or asset sale. If we are going to release your information in these circumstances, we will use our best efforts to provide you with notice in advance of such release, unless we are prohibited by law or court order from doing so.

Our Use of Cookies

“Cookies” are small files that are downloaded onto your computer or mobile device when you visit certain websites. When you return to these websites or visit other websites that use the same cookies, the cookies allow your browsing device to be recognized.

The cookies on our Site have various functions. They make the Site work properly for you and enable you to make use of the secure online services that we provide. They collect data about your use of the Site, which is then anonymized and used to help us improve our online services. They help us remember your preferences and thus make the Site easier for you to use. In addition, our Site includes cookies that are placed by third party services we make use of to enhance the information we present online. We have no control over these third party cookies.

Not all cookies are equal. Some are essential, as they enable you to move around the Site and use its features, such as accessing secure areas. Services you have requested cannot be provided without these cookies. These cookies do not gather information about you that is used for marketing or remembering where you have been on the Internet. These essential cookies cannot be disabled.

Other cookies collect information about how you use a website, for example which pages you go to most often, and if you get error messages from certain pages. These cookies do not gather information that identifies you. All information these cookies collect is anonymous and is only used to improve how a website works.

These cookies are not used to target you with online marketing. Without these cookies we cannot learn how our Site is performing and make relevant improvements that could improve your browsing experience.

Other cookies allow us to remember choices you make and tailor this Site to provide enhanced features and content to you. For example, these cookies can be used to remember your user name, language choice or country selection.

Still other cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website, and this information may be shared with other organizations such as advertisers. This means after you have been to our Site you may see some advertisements about our services elsewhere on the Internet.

Finally, there are third party cookies. These are cookies that fall into one of the above categories, but that another party places on your browsing device through our Site. Third parties setting cookies through this Site provide a service to us or functionality for the Site, but we do not control how third party cookies are used. You should check the third party’s website for more information on how they use cookies.

Managing Cookies from This Site

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 that if you set your browser to disable cookies, you may not be able to access secure areas of this Site, and other parts of this Site may also not work properly. You can find out more information about how to change your browser cookie settings at http://www.allaboutcookies.org.

If you would like more information about third party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, 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 companies.

Links to Third Party Websites

Our Site may contain links to other websites that we do not own or control. We are not responsible for the content of those websites.

International Users

Data collected on this Site is processed in the United States according to United States Law. You agree to comply with all local rules regarding online conduct and acceptable content and data storage. It is your responsibility to notify us if the storage of your data in the United States is prohibited by your local law. The software, technology and other information made available through this Site are further subject to the United States export controls and, potentially, the import laws of jurisdictions outside the United States. No software, technology or other information from this Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this Site in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of, any such country.

Governing Law And Dispute Resolution

This Privacy Policy, your use of the Site, the contents of the Site, the Services and any results you receive from EvolveGene shall be governed by the laws of the United States of America and the State of Florida, without regard to its conflicts of laws principles.

Any disputes, claims or controversies between you and EvolveGene relating to this Privacy Policy and any services provided, not provided or to be provided by EvolveGene, whether in tort (intentional or negligent), contract or otherwise, including, without limitation, any dispute, claim or controversy regarding whether any services provided hereunder were improperly, negligently or incompetently rendered, or claims for wrongful death, discrimination, emotional distress or punitive damages, will be determined by submission to binding arbitration, as provided by Florida law. Such arbitration shall take place in Saint Petersburg, Florida.

By your agreeing to the terms hereunder, you acknowledge that both EvolveGene and you are giving up our constitutional right to have any such dispute decided in a court of law before a jury instead of accepting the use of binding arbitration. Arbitration pursuant to the terms hereof shall bind all parties whose claims arise out of, or in any way relate to, services provided, not provided, or to be provided by EvolveGene, or any employee, agent, or independent contractor of EvolveGene. You further understand and agree that, if you are agreeing to the terms hereof on behalf of some other person for whom you have responsibility, then, in addition to yourself, such person(s) will also be bound by these terms, along with anyone else who may have a claim arising out of the services rendered, not rendered, or to be rendered to such person(s).

The plaintiff shall initiate arbitration by serving a Demand for Arbitration on each defendant. The claim shall be mailed by Certified, Return Receipt Requested, U.S. Mail, to said defendant, which, in the case of EvolveGJuneene, shall be 12105 28th Street, Suite A, Saint Petersburg, Florida 33716. A Demand for Arbitration must be communicated in writing to all parties, identifying each defendant, describing the claim against each party, the amount of any damages sought, and the names, addresses and telephone numbers of the plaintiff and his or her attorney.

The plaintiff and defendant shall each select an arbitrator (party arbitrator) within 45 days of the Demand, and a third arbitrator (neutral arbitrator) shall be selected by the party arbitrators within a reasonable time thereafter. In the event the claim is less than $15,000, the arbitration will be determined by a single, neutral arbitrator, selected by the parties.

The plaintiff shall pursue his or her claims with reasonable diligence, and the arbitration shall be governed pursuant to the provisions of the Florida Arbitration Code, Florida Statutes §682.01, et. seq. and the Florida Rules of Civil Procedure. The arbitrator(s) shall apply the Florida Rules of Evidence and the Florida Rules of Civil Procedure in the arbitration proceeding. The arbitration award shall be final and binding, without the right of appeal, except as may be provided under Florida law.

The parties shall bear their own attorney fees and costs in relation to all preparation and attendance at the arbitration hearing. The arbitration panel’s fees shall be divided evenly among the parties. Any party who unsuccessfully challenges the enforcement of this agreement shall be required to pay the successful party’s reasonable attorney fees and costs incurred to enforce such agreement (i.e., Motion to Compel Arbitration).

If this arbitration provision is found to be unenforceable, and arbitration is not compelled, then, as a default, the parties agree that any and all disputes described herein shall be resolved solely by a judge via a bench trial. Under no circumstances will a jury decide any dispute hereunder. If any part of this arbitration provision is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision.

The invalidity or unenforceability of any particular provision of this Privacy Policy shall not affect the other provisions hereof, and this Privacy Policy shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

Changes to this Privacy Policy

We may change our policies at any time, and the changes will apply to any information we already hold, as well as new information we acquire after the change occurs. Before we make a significant change, we will post the new notice on our Site. The new policy will be available upon request.

If you have any questions or concerns, you may contact us by e-mail at Support@EvolveGene.com or by telephone in the United States or Canada by dialing 1-800-963-3203 or outside of the United States or Canada by dialing 001-519-763-2720

This notice is effective as of: June 1st 2016