Privacy Statement Updated: July 27, 2021

Psomagen, Inc. Website Privacy Statement

Psomagen, Inc. (“Psomagen,” “Our,” “We,” “Us”) takes the privacy and security of personal information very seriously. As such, we have prepared the following Privacy Statement to provide you with information about how your data is collected, used, stored, shared, transferred, and protected as a result of your interaction with and use of Psomagen’s products, software, services, (the “Service” or “Services”), and website located at http://www.psomagen.com (the “Site”), and all affiliated websites owned and operated by Psomagen. By using the Site, you agree to the following Privacy Statement and our Terms of Service. The provisions contained in this Privacy Statement supersede all previous notices and statements regarding our privacy practices with respect to our Site. If you disagree with any of the provisions described below, your remedy is to stop using the Site immediately.

 

Psomagen is considered a covered entity, as such term is defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Psomagen is obligated under state law and the General Data Protection Regulation (“GDPR”), to the extent it is applicable, to protect the privacy and security of personal information entrusted to it. Psomagen prohibits the unauthorized disclosure of such information except as required by law.

Application of this Privacy Statement

This Privacy Statement applies to your use of (regardless of means of access) our Services and Site. You may access or use our Site through a desktop, laptop, mobile phone, tablet, or other consumers electronic device (each, a “Device”).

Information Collection

Information provided by you

In general, you can visit the Site without telling us who you are or revealing any information about yourself. When you interact with the Site, including through submitting an inquiry though the “Contact Us” link on the Site, we may ask you to provide personal information about yourself, which may include your name, date of birth, e-mail address, phone number, registration information, billing & payment information, self-reported information, and other information that identifies you (collectively, “Personal Information”).  It is your decision to use the Site, and, as such, any provision of this Personal Information is completely voluntary. By providing your Personal Information to us whether or not you purchase our products, you expressly agree to our collection, use, storage, and disclosure of such information as described in this Privacy Statement.

Other information that we collect from you includes the samples collected (stool, blood, urine, skin/cheek swab, saliva, etc.), information related to our genetic testing services and test results.

Information provided by third parties

We may collect Personal Information about you from other companies. If you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated or linked to the Site, you are subject to the Terms of Service and Privacy Statements or Policies of those social networking services.

Information we automatically collect

We (or our service providers acting on our behalf) may collect information about your use of our Site or Services.

This information may include Personal Information as well as statistical, non-personal information that does not identify you (“Analytics”). Some Analytics may be intertwined with Personal Information. When Analytics are, directly or indirectly, associated or combined with Personal Information, such Analytics will be considered Personal Information for purposes of this Privacy Statement.

Information that we automatically collect in connection with your access or use of our Site or Services may include:

Device Information. We may collect Device-specific information (such as hardware model, operating system version, unique Device

identifiers, and mobile network information, including your mobile phone number). We may associate your Device identifiers or your mobile phone number with you.

Log Information. We may record or log information from your Devices, their software, and your activity accessing or using our Site. This information may include:

  • The Device’s Internet Protocol (“IP”) address
  • The Device’s operating system
  • Identification numbers associated with your Devices
  • Device event information, such as crashes, system activity, and hardware settings
  • Location preferences
  • Date and time stamps of transactions
  • System configuration information
  • Other interactions with our Site
  • Other Information. We may collect information such as your browsing history on the Site, the length of time spent on certain pages, the website Uniform Resource Locator (“URL”) from the website you were visiting before coming to this Site, which URL you next visit, what browser you are using, Internet service provider, and date/time of visit information.

We may also collect Personal Information about you for other purposes from time-to-time, or as permitted or required by law. We will always identify any additional purpose prior to or at the time of collection.

Information Use

We may use the Personal Information collected as described elsewhere in this Privacy Statement, including to:

  • provide you with the Site and/or Services;
  • provide you with the services you have requested;
  • respond to your inquiries or requests;
  • communicate with you; and
  • provide you with offers and promotions that we feel may be of interest

We may use the Analytics information collected as described elsewhere in this Privacy Statement, including to:

  • conduct statistical analysis of the Site and/or Services;
  • troubleshoot service issues or interruptions;
  • conduct research and for commercial purposes, such as to update and improve the Site and/or Services;
  • By registering and receiving the Services provided by Psomagen, you consent Psomagen to conduct in an ongoing research to provide an improved Service to you and the general population.
  • Your individual-level Personal Information will not be revealed, unless required by law or a court order to a third party not identified in our Privacy Statement.
  • understand the demographics of our users and their browsing habits; and
  • serve you with promotional messages and advertisements, both while you are on the Site and after you leave our Site and continue to browse online, and while you use our Services.

We do not sell your Personal Information you provide within our Site or Services. Except as otherwise set forth in this Privacy Statement, we do not provide any Personal Information about our users to any third party.

Cookies

Cookies are small files that are sent to and stored in your computer by the websites you visit. Cookies are stored in your browser’s file directory. Cookies may be stored only for the time you are in a given site or they may remain stored in your browser for a defined period of time beyond your current session. Cookies work in combination with content within the website itself, to capture and remember information. To learn more about these technologies and how they work, please see www.allaboutcookies.org.

We use cookies and other similar technologies (such as web beacons and pixels) to collect and process non- personal information, personalize our Site and Services for you, and to collect aggregate information about the usage of our Site and/or Services.

The cookies we use in connection with our Site and/or Services may include:

  • Session cookies. Session cookies are temporary cookies that expire and are automatically erased whenever you close your browser window. We use session cookies to grant users access to content.
  • Persistent cookies. Persistent cookies usually have an expiration date in the distant future and remain in your browser until they expire or you manually delete them. We use persistent cookies to better understand usage patterns so we can improve our Site and/or Services.
  • Third-party cookies. We may permit certain third-parties to place cookies through our Site to provide us with better insights into the use of our Site and/or Services and user demographics and to advertise our Site to you. These third-parties may collect information about your online activities over time and across different websites when you access or use our Site and/or Services. For example, we utilize Google Analytics to analyze usage patterns for our Site. Google Analytics generates a cookie to capture information about your use of our Site, which Google uses to compile reports on website activity for us and to provide other related services. Google may use a portion of your IP address to identify its cookie, but this will not be associated with any other data held by Google. We may also permit third-party service providers to place cookies for our Site, as indicated above, to perform analytic or marketing functions where you are notified of them and you have consented to the usage. We do not control the use of such third-party cookies or the resulting information, and we are not responsible for any actions or policies of such third parties.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can review the options available to manage cookies in your browser. One option is to disable, or turn- off, all cookies. If you turn cookies off, you may not be able to browse the Site. If you disable certain kinds of cookies, some aspects of our Site may not function properly or as well.

Information Sharing

We may share Personal Information to the following entities and/or for the following reasons:

  • Affiliates/Partners. We do not currently share your personal information with affiliates or unrelated third parties. However, we may
  • share your Personal Information with our affiliates or partners for the purpose of providing you with the Site and/or Services. In the event that we enter into such a partnership, we may share your Personal Information with those partners. If we share Personal
  • Information, we will require that such partners use the Personal Information for the limited purpose for which we provide it, maintain reasonable security measures for the protection of such information, and comply with the provisions as outlined in this Privacy
  • Statement.
  • Unaffiliated Third Parties. We may share your Personal Information with unaffiliated third parties:
  • if you request or authorize it;
  • if the information is provided to help complete a transaction for you;
  • if the information is provided to: (a) enforce our Terms of Use or other agreements; or protect our rights, property, or
  • safety or the rights, property, or safety of our users or others (e.g., to a consumer reporting agency for fraud protection, etc.);
  • if the information is provided to our third-party service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.);
  • for our everyday business purposes, as permitted by applicable law; or
  • as permitted by applicable law or otherwise described in this Privacy Statement. When you are no longer a member, we continue to share your information as described in this Privacy Statement.
  • Law Enforcement. Occasionally we may be required by law enforcement or judicial authorities to provide Personal Information. We
  • will disclose Personal Information upon receipt of a court order, subpoena, warrant, or other legal processes to the extent necessary to meet legal, national security, public interest, or law enforcement obligations. We fully cooperate with law enforcement agencies in identifying those who use our Site and/or Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
  • Merger. In the event that Psomagen enters into an agreement to be purchased by another company or to merge with another
  • company, we may share Personal Information with that company. We will require that such purchasers continue to comply with the provisions as outlined in this Privacy Statement.

We utilize Google Analytics to capture and analyze visits and traffic to the Site. Google Analytics collects information about your visit to the Site, any referral website, the type of web browser and operating system you are currently using, and your network location and IP address. The information collected by Google Analytics is anonymous and aggregated. We reserve the right to use this information for any lawful business purpose, including selling or sharing the aggregated and anonymized data collected by Google Analytics. We may also use this aggregated and anonymized data to analyze trends or seek third-party advertisers.

We may disclose Analytics with third-parties as described elsewhere in this Privacy Statement and for our commercial purposes.

We may also share non-personal information with select third-parties, such as our advertisers, for purposes of serving you with customized promotions. If you would like to learn more about the sharing of non-personal information for purposes of providing customized advertisements or promotions, please visit http://www.aboutads.info/consumers/.

Your Choices and Opting Out

You may have choices when it comes to the collection, use, and sharing of your personal information. You may choose to “unsubscribe” from email marketing communications, or you can contact us at compliance@nullPsomagen.com to be removed from our email marketing lists. Please be aware that you are not able to opt out of receiving communications about your Psomagen account or related transactions with us.

Accessing Your Information

You must notify us of any change in your Personal Information by updating your Psomagen account profile through our Site or the Services. Any changes will affect only future uses of your Personal Information

Subject to applicable law, which might, from time to time, oblige us to store your Personal Information for a certain period of time, we will respect your wishes to correct inaccurate information. Otherwise, we will hold your Personal Information for as long as we believe it will help us achieve our objectives as detailed in this Privacy Statement.

You can ask us whether we are storing your Personal Information and you can ask to receive a copy of that Personal Information. Before sending you any Personal Information, we will ask you to provide proof of your identity. If you are not able to provide proof of your identity, we reserve the right to refuse to send you any Personal Information. We will respond as quickly as we can to your requests for details of Personal Information we hold about you.

Log-In Through Social Networks

You may have the option of signing into the Site through Facebook, Google, or other social networks. Logging in through these social networks may allow Psomagen to access certain public information related to your profile.

When you sign in through one of these social networks, you may be asked what information you would like to share. It is up to you what to share with Psomagen, or whether anything from your social network profile is shared at all.

Links to Third Party Sites

Psomagen may provide you with links to third-party websites through the Site. We may also allow third-party websites or applications to link to our Site. Psomagen is not responsible for the collection, use, or sharing of your personal information once you leave our Site and follow a link to a third-party website. Please consult each linked website’s privacy policy for a description of how the website collects, uses, and shares your information.

Retention of Personal Information Including Test Results

By registering and receiving the Services provided by Psomagen, you consent to have Psomagen store your Personal Information and Test Results as long as it is necessary for you to access your information or for Psomagen to access the information for further research purposes in a manner consistent with Psomagen’s Privacy Statement and Terms of Service.

Do Not Track

Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not use technology that recognizes DNT signals from your web browser.

Children’s Information

The Site is not intended for children under the age of 13 years old. We do not knowingly collect information from children under the age of 13. If we discover that we have information from a child under the age of 13, we will delete it immediately. If you believe that a child under the age of 13 may have provided his or her information to us, please contact us using the contact information below. You are not permitted to enter any information about a minor anywhere on the Site unless you are that minor’s legal guardian and consent to the practices described in these

Terms of Use on behalf of that minor. We may ask you to verify that consent, and you are required to do so promptly.

Cross-Border Transfer of Data

We are located in the United States. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States; in particular, the United States may not provide the same level of protection as those in your own country. By using the Site and/or Services or providing your personal information to Psomagen, you are transferring your information to the United States, and you consent to the transfer, retention, and processing of such data in the United States. If you do not agree with such transfer, retention, and processing in the United States, please do not use the Site and/or Services.

GDPR Compliance

The General Data Protection Regulation 2016/679 (GDPR) is a regulation in European Union (EU) law on data protection and privacy in the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas.

The GDPR applies to all organization that process the Personal Information of EU residents through services offered to them, regardless of whether the organization is in the EU.

Psomagen is committed to GDPR compliance through our use of the latest in information technology for data protection. Our Privacy Statement, Terms of Service, and consent forms all provide information meant to help you with our practices. If you have any questions, please contact help@nullpsomagen.com.

California Residents’ Privacy Rights

If you live in California and have an established business relationship with us, you can request a list of the Personal Information we have shared with third-parties for their marketing purposes. We will also give you a list of the third- parties that have received your information. You can make a request one time each year.

For more information on your rights pursuant to the California Consumer Privacy Act (CCPA) of 2018, visit the following link: CCPA

To exercise your rights, you can e-mail us at compliance@nullPsomagen.com or write to:

Psomagen, Inc.
Attn: Privacy Statement
1330 Piccard Drive, Suite 103
Rockville, MD 20850

Mention in your letter that you are making a “California Shine the Light” inquiry. We will respond within 30 days.

Nevada Residents’ Privacy Rights

Nevada’s Senate Bill 220 (“SB 220”), which is signed into law, requires operators of Internet websites and online services to follow a consumer’s direction not to sell his or her personal data. Psomagen does not sell its customer’s Personal Information.

New York Residents’ Privacy Rights

Pursuant to the New York Consolidated Laws, Civil Rights Article 7, Section 79-L “Confidentiality of records of genetic tests,” Psomagen complies when you submit the consent form to Psomagen.

Security

We understand the importance of information security and will take reasonable measures to protect the security and confidentiality of your information. Please understand that no measures can guarantee 100% security.

You are responsible for the security of your log-on information. Please do not share your username or password with anyone. If you believe your log-on password has been compromised, please contact us immediately.

If we receive instructions using your Psomagen account login information, we will consider that you have authorized the instructions. We reserve the right, in our sole discretion, to refuse to provide our Site and/or Services, terminate Psomagen accounts, and to remove or edit content.

Changes to this Privacy Statement

We reserve the right to make changes to this Privacy Statement at any time and in our sole discretion. We will post changes directly to this Privacy Statement and update the date at the top of this Privacy Statement, so it is your responsibility to check back here from time to time to review. If we make a material change in the type of information we collect or its use, we will provide advance notice of such change, and obtain your consent for the new collection or use, if and as required by applicable law. The revised Privacy Statement will be effective upon posting, unless otherwise set forth therein or as otherwise required by applicable law. You are free to decide whether or not to accept a revised version of this Privacy Statement, but accepting this Privacy Statement, as revised, is required for you to continue accessing or using our Site and/or Services. If you do not agree to the terms of this Privacy Statement or any revised version of this Privacy Statement, your sole recourse is to terminate your access and use of our Site and/or Services. Except as otherwise expressly stated by us, your access and use of our Site and/or Services is subject to the version of this Privacy Statement in effect at the time of access or use.

Contact Information and Effective Date

If you have any questions or concerns about this Privacy Statement, please contact us using the information

below:

Psomagen, Inc.
Attn: Privacy Statement
1330 Piccard Drive, Suite 103
Rockville, MD 20850

This policy has an effective date of June 29, 2021 and will be periodically updated to reflect changes in technology and data collection practices.