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Privacy Notice
Last Revised: 08/06/2018

ActX Privacy Policy for users of ActX Genomic Services

ActX collects certain types of personally identifiable information about users in order to provide the ActX Genomic Services (“Services”). This Privacy Policy is intended to notify individual users about the personally identifiable information ActX collects, and how ActX uses, discloses and protects it.

ActX will not sell, disclose or provide personally identifiable information to any other party for purposes of marketing, advertising, or other promotional or sales purposes. ActX will also not disclose or provide any personally identifiable information to any insurance company, health plan, or governmental agency, except if required by law as described in Section 8.

1. Types of Personally Identifiable Information Collected

ActX collects the following types of personally identifiable information for purposes of the Services:
  • Account Information. Account Information is the information that you or your physician provide when creating or updating your ActX account or purchasing the Services. Account Information includes information such as your name, telephone number, email address, and billing/shipping address or credit card number
  • Genomic Information. Genomic Information is the report of the analysis of genetic testing of an individual by an authorized ActX testing laboratory, linked to an identified individual by his or her Account Information.
  • Identification Information. Identification Information includes information used to uniquely identify you for purposes of the Services, and includes your name, address, date of birth gender and ActX Identifier. It also includes the name and contact information for your physician and any other health care provider you have authorized to receive your Genomic Information from ActX, as well as your physician’s or other health care provider’s patient identification number(s), if applicable.
Information which does not include Identification Information and which has a very small risk of being able to be used to identify a specific individual, whether alone or in combination with other information, is not personally identifiable information under this Privacy Policy.

2. ActX Use and Disclosure of Account Information

ActX uses your Account Information to:
  • Process your transactions purchasing the Services and obtaining information from ActX.
  • Communicate with you and your physician and other health care providers for purposes of the Services.
  • Communicate with you and your physician and other health care providers regarding opportunities for you to participate in research concerning issues relevant to your Genomic Information.
  • Develop analyses to improve the Services, for Services planning and administration, and other related business and operational purposes.
Unless you expressly consent to it, ActX will not share your Account Information with or provide it to third parties except for purposes of providing the Services, or as described in Section 8.

3. ActX Use and Disclosure of Genomic Information

ActX will not use your Genomic Information without your express consent.

ActX will provide your Genomic Information to the physician you have authorized to receive it, as identified in your Account Information. Unless you expressly consent to it, ActX will not share your Genomic Information with or provide it to other third parties except for purposes of providing the Services, or as described in Section 8.

4. ActX Use and Disclosure of Identification Information

ActX uses your Identification Information to create the ActX Identifier to allow anonymous testing of your sample by the testing laboratory, and enable ActX to link the laboratory’s report to your Identification Information and create your Genomic Information. ActX may also use your Identification Information to develop aggregate analyses of ActX user profiles to improve the Services, for Services planning and administration, and related purposes.

Unless you expressly consent to it, ActX will not share your Identification Information with or provide it to third parties except for purposes of providing the Services, or as described in Section 8.

5. Updating and Correction of Information

You may correct or update your Account and Identification Information by request to ActX through the procedure described below. We will process any correction or update promptly.

In particular, you may change the physician or other health care provider(s) you have authorized to receive your Genomic Information, including addition of new health care providers, and termination of the authorization of existing health care providers. Please note that any Genomic Information which has been received by a health care provider before their authorization is terminated may be kept by that health care provider according to their own policies.

6. Use and Storage of Samples

The samples provided for testing are used only for purposes of genetic testing. Samples are securely stored by the testing laboratory according to their usual policies and procedures, under contract with ActX including requirements for their protection against unauthorized use or disclosure. Samples are stored on an anonymous basis, without Identification Information. ActX will not provide the laboratories with the ActX Identifier or Identification Information. Your sample will be retained by the laboratory for a reasonable period of time after testing, to allow for re-testing if requested, quality control, and other purposes you have authorized.

7. Storing and Protection of Information

ActX maintains reasonable and appropriate security safeguards to protect Account Information, Genomic Information and Identification Information stored by ActX against unauthorized use, and against disclosure to unauthorized parties. While no security is perfect and ActX cannot guarantee no unauthorized use or disclosure will ever happen, ActX believes its security meets or exceeds industry standards.

ActX will retain your Account, Genomic and Identification Information for as long as you have an open account with ActX, and may retain such information after termination of your ActX account for the purposes described in Sections 2 and 8.

8. Disclaimers

Notwithstanding any other provisions in this Privacy Policy or any other ActX documentation, ActX may use or disclose personally identifiable information or require a laboratory to provide a sample:
  • If required by law or by legal process, such as a subpoena or administrative order
  • In order to protect and defend ActX’s legal rights and property.
In such event ActX will use reasonable and lawful efforts to limit the scope of any such use or disclosure. In the event disclosure is required by law ActX will attempt to notify you in advance insofar as ActX is legally permitted to do so.

ActX may also provide personally identifiable information, and transfer the right to oversight of samples, to its successor in interest in the event ActX is acquired by or merges into another company.

9. Changes to this Privacy Policy

ActX reserves the right to update this Privacy Policy. In such an event, if your account is active we will notify you at the email address included in your Account Information and ActX will update the revision date of the policy.


ActX Privacy Policy for visitors to our website who do not use our Genomic Services

By visiting our Site, you represent that you are 14 years old or older and you consent to the information collection and use practices described herein. We reserve the right to change the provisions that apply to website visitors at any time by posting a revised privacy policy on the Site and indicating on the privacy policy the date it was last updated. Your use of the Site following the posting of such changes or revised statement shall constitute your acceptance of any such changes. We encourage you to review our privacy policy whenever you visit our Site to determine if any changes have been made and to make sure that you understand how any personal information you provide will be used.

What is “personal information” for visitors to our website who are not users of the ActX Genomic Services?

As used herein, the term "personal information" generally means information that specifically identifies an individual (such as user's name, location, and e-mail address) or that is associated with an identifiable person (such as demographic information or information about a person's activities when such information is linked to personally identifying information).

What personal information do we collect for visitors to the site who are not users of the ActX Genomic Service?

We do not collect any personal information from mere visitors to the Site. Your email address may be collected when you send us an email.

What other information do we collect from site visitors?

When you visit our Site, some information is also automatically collected through the use of log files, such as your computer's Internet Protocol (IP) address, your computer's operating system, the browser type, the address of a referring web site and your activity on the Site. We use this information for purposes such as analyzing trends, administering the Site, improving customer service, diagnosing problems with our servers, tracking user movement, and gathering broad demographic information for aggregate use. We may also automatically collect certain information through the use of "cookies." Cookies are small data files that are stored on a user's hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if your browser is set not to accept cookies or if you reject a cookie, you may not be able to sign in to your ActX account and may not be able to access certain Site features or Services.

We may also use third parties to provide certain services, such as collecting, tracking and analyzing non-personally identifiable usage and statistical information from users, such as the user's browser type, operating system, and browsing behavior.

Usage and Disclosure for visitors to our website who are not users of the ActX Genomic Services

The information covered by this Privacy Policy may be used in one or more of the following ways:

To send periodic emails: The email address you provide may be used to send you information and updates pertaining to your account, if any, in addition to occasional company news, updates, related product or service information, etc. You will be given an opportunity to opt out of such marketing emails, but if you establish an account, you will not be able to opt out of account related emails.

You may "opt out" of receiving news emails from ActX by following the unsubscribe instructions or using the unsubscribe links within the emails we send. Please note, however, that as long as you maintain an account, you may not "opt out" of receiving service or account-related emails from ActX.

We also may disclose website visitor personal information (see above for our policy for genomic information) when we are required to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy policy or our other policies or agreements; to protect our or our customers' rights, property or safety; or to protect our customers from fraudulent, abusive, or unlawful use of our Site or Service.

In addition, information about our customers, including personal information, may be transferred as part of any merger, or acquisition of ActX assets.

Please note: The Site contains links to other sites. Please be aware that although we may participate in or utilize such other sites, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy policies of any Web site that collects personally identifiable information. Similarly, if you entered this Site through another Web site, we are also not responsible for the privacy practices of that site, and you should review the privacy policy of the originating site before providing any personal information to that site. This privacy policy applies solely to information collected by us.

How can you correct and update your personal information or obtain additional information

If you have any questions or comments about this Policy or the practices relating to this Site, or you wish to verify, correct or delete any personal information we have collected, please contact us at support@ActX.com. You can correct certain information by logging into your account and changing the information. In lieu of email, you may also contact us by mail at the following address:

ActX, Inc.
Attn: Privacy Policy
1001 Fourth Avenue
Suite 3200
Seattle, WA 98154

College of American Pathologists