Privacy Policy

Last revised: September 21, 2020

Privacy Policy

Your privacy is important to us.  As part of our efforts to facilitate and make your experience with the GeneSpark Website as user-friendly and enjoyable as possible, we may collect and use certain information you provide to us.  This Privacy Policy addresses the collection, use, and disclosure of information that GeneSpark may gather during your use of the Website.  Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in the Website Terms of Use

Please review the entire policy to learn the types of End User information GeneSpark gathers, how GeneSpark uses that End User information, what End User information is disclosed and to what third parties, and how GeneSpark safeguards your End User information.

Please also check back periodically as this Privacy Policy may change from time to time.  We will notify you of any material changes by publishing the new Privacy Policy on the Website.  The End User information GeneSpark gathers is and will be subject to the Privacy Policy in effect at the time the information is gathered.  Should you have any questions or concerns at any time, please feel free to contact us.

This Privacy Policy applies only to the GeneSpark Website.  This Privacy Policy does not apply to any websites managed, maintained, and/or hosted by third parties not directly affiliated with GeneSpark that you may visit, e.g., via a link provided through the Website or on a website maintained by any third party.  GeneSpark does not control the privacy policies of other websites to which we may provide hyperlinks.  We encourage you to learn more about the online privacy and data security policies of third party websites directly from such third parties, as their policies may differ from ours.

By submitting your information to us and by using the Website, GeneSpark will assume that you have read, understood, and consent to the Agreement, which includes this Privacy Policy, the Website Terms of Use, and all other applicable GeneSpark rules and policies.  We also assume that you consent to GeneSpark's use of your information as described in the Agreement.  If you do not consent, you should not access or use the Website.

1. Information GeneSpark Collects

(a)Personal Information and Non-Identifying Information

We may ask you for personally identifiable information if, for example, you contact us requesting information.  This refers to information about you that can be used to contact or identify you (“Personal Information”).  Personal Information includes, but is not limited to, your full name, email address, and any other information that could be used to personally identify you.

We also collect other information that you provide as part of registration and the administration and personalization of your account with us that does not identify you (“Non-Identifying Information”).  Non-Identifying Information includes, but is not limited to, your zip code (on its own) and individual preferences.  Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.  But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your gender only or your viewing preferences).

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Website and to respond to correspondence from you. We may also use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.  If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your  account information.

We may also combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Website, and to analyze and understand how the Website is used.

(b)Usage Data

When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website.  The information sent automatically by your browser is referred to as “Usage Data.”  This Usage Data may include information such as the manufacturer and model of your device; your Internet Service Provider (ISP); your device’s Internet Protocol (“IP”) address (or other device identifier), browser type, and operating system; referring/exit pages; clickstream data; Website access times and dates, pages of the Website that you visit, the time spent on those pages, and information you search for on the Website; and other statistics.

2. Collection of Information

GeneSpark may use a number of different techniques and technologies to collect Personal Information, Non-Identifying Information, and Usage Data.  For example, GeneSpark may use cookies, log files, clear gifs, pixel tags, embedded scripts, and/or other technology used to monitor your use of the Website.

(a) Forms

We request certain information from you through the use of forms when you send us correspondence through the Website.

(b) Cookies

As is regular practice on many websites, the Website uses cookies and other technologies to help us understand which parts of the Website are more popular and how much time users spend there.  A cookie is a small amount of data that is sent to and stored on your device from our server.  Cookies may, for example, allow a user to enter a password less frequently or remember a user’s preferences during an online session. See Our Cookies Page for additional details.

(c)Usage Data

Usage Data are collected automatically by the Website’s servers and software.  For example, because the Website automatically collects Usage Data for all End Users that visit the Website, your Website session will be tracked. You agree that we may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, to maintain and support the Website generally.

Additionally, in some of our email messages, GeneSpark may use a “click-through URL” linked to content on the Website.  When an End User clicks onto one of these URLs, the End User will pass through our server before arriving at the destination Web page.  GeneSpark tracks this click-through data to help us determine End User interest in certain subject matter and measure the effectiveness of these End User communications.  You can avoid being tracked in this way by not clicking text or graphic links in emails from GeneSpark.

Finally, we may use clear gifs or pixel tags, which are tiny graphic images, in order: (i) to advise us of what parts of the Website End Users have visited, (ii) to measure the effectiveness of any searches End Users perform, and (iii) to enable us to send emails in a format that End Users can read and tell us whether such emails have been opened in order to ensure us that we are sending messages that are of interest to End Users.

(d) Tracking

Some Web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity.  This Website does accept and process such Do Not Track signals or similar mechanisms.  See Our Cookies Page for additional details.

(e) Public Communications

Please note that if you use any bulletin board, chat room, comment posting feature, or other public communication service, forum, or feature offered through the Website, if any, or post any information available for viewing by other End Users, any of the information that you share will be visible to other End Users.  The information that you make available can be read, used, and collected by other End Users to send you unsolicited messages outside of the Website.  GeneSpark is not responsible for the manner in which the Personal Information that you decide to share will be used by other End Users.

3. Use and Sharing of Information by GeneSpark

The End User information that GeneSpark collects may be added to our databases and used for business purposes, including for marketing and promotional purposes, for statistical analysis of End Users’ behavior, for product development, for content improvement, or to customize the content and layout of the Website.  In addition, GeneSpark will, on occasion, send emails to you about the Website or third-party products.  If you do not want to receive an email from us, visit the “Opt Out” or “Unsubscribe” link at the bottom of any GeneSpark email to remove yourself from the continued receipt of such email messages.

GeneSpark's policy is not to share the End User information it collects with third parties other than as specified below, or where an End User expressly consents to our sharing of certain information with a third party.  We may share End User information with third parties under the following circumstances:

(a)Business Partners and Vendors

We may employ third party companies and individuals for any of the following:  to facilitate the Website; to provide the Website or portions of the Website on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; or to assist us in analyzing how the Website is being used.

Under certain circumstances, you may avoid having GeneSpark share your information with its business partners and vendors by not granting GeneSpark permission to share your information.  Not granting GeneSpark permission to share your information with its business partners or vendors may limit your access to their services through the Website.

(b) Business Transfers

As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, sale of assets, or bankruptcy.  In such transactions, information about End Users generally is often a transferred business asset.  In the event that GeneSpark itself or substantially all of GeneSpark's assets are acquired, information about our End Users may be one of the transferred assets.

(c) Compliance with Law and Protection of GeneSpark and Others

We may release End User information when we believe, in our sole discretion, that release is appropriate: to comply with the law, including but not limited to, in response to a subpoena served on GeneSpark; to enforce or apply the Agreement, including the Website Terms of Use and other applicable agreements, rules, and policies; to protect the rights, property, or safety of GeneSpark, our End Users, or others; or to prevent activity that we believe, in our sole discretion, may be or may become illegal, unethical, or legally actionable (including exchanging End User information with other companies and organizations for fraud protection).

(d) Aggregate Site Use Information

We may release aggregate End User information (without revealing any Personal Information about you) to advertisers and other third parties in order to promote or describe use of the Website.

4.  International Transfer

By accessing and using the Website, you acknowledge and agree that GeneSpark controls and operates all parts of the Website from its offices in the United States of America and that the Website is intended for use by End Users located in the United States of America. Unless expressly stated to the contrary, GeneSpark makes no representation that the Website is appropriate or will be available for use in other locations.

If you access the Website from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

5.  Changing or Deleting Your Information

Please contact us by email if you wish for us to change or delete any Personal Information you have provided to us.  We may retain an archived copy of your records as required by law or for legitimate business purposes.  Alternatively, you may change your consent and remove stored cookies.

6. Security

We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.  For example, we use commercially reasonable security measures such as encryption and firewalls to protect End User information.

Please note that no security system is impenetrable. Accordingly, we do not guarantee the security of our databases, nor that information you supply won't be intercepted while being transmitted to us over the Internet or other network.  Any information you transmit to GeneSpark, you do at your own risk.  We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Website in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

7. Children’s Privacy

End-Users must be at least thirteen (13) years of age to access and use the Website.  If GeneSpark believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by the Agreement, GeneSpark may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Website (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have provided to us through the Website.

8. Contacting Us

If you have any questions about this Privacy Policy, please contact us at:

 

GeneSpark Diagnostics, Inc.
20 Commercial Street
Branford, CT 06405
[email protected]