Privacy Policy

Introduction

Aptitude Medical Systems, (“company”, “we”, “us”, or “our”) respects your privacy, and we are committed to protecting it through our compliance with this Privacy Policy. We have created this Privacy Policy to inform you of our policies regarding the collection, use and disclosure of personal information and the choices you have associated with that information.

This Privacy Policy applies to all personal information collected through any written, electronic, or oral communications, and collected online or offline as you:

  • Access all corresponding webpages and websites that link to this Privacy Policy (the “Site”);
  • Use any mobile, web, console, desktop and other applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site;
  • Interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Privacy Policy;

We may modify this Privacy Policy at any time, without prior notice, and changes may apply to any Personal Information we hold about you, as well as any new Personal Information collected after the Privacy Policy is modified.

If our site is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

This Site is intended solely for users within the United States. Individuals outside of the United States should not use the Site or provide any Personal Information to us. By using the Site or providing us with data, you acknowledge and agree that your Personal Information may be transferred to, processed and/or maintained outside of your state, province or country, and where laws regarding processing of Personal Information may be less stringent than the laws in your location. By providing your data or using the Site, you acknowledge such transfer, processing and maintenance.

BEFORE USING OUR SITE AND SERVICES, PLEASE CAREFULLY READ OUR TERMS OF SERVICE AND THIS PRIVACY POLICY. BY USING THIS SITE, YOU CONSENT TO THE COLLECTION AND USE OF THE PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND OUR TERMS OF SERVICE. IF YOU DO NOT FEEL COMFORTABLE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, YOU SHOULD NOT USE OR ACCESS OUR SITE OR SERVICES.

Collection of Information

When you access the Site, we collect, receive or otherwise process information in several different ways. Some information is required in order for us to provide our Service. We use your information for the purposes described further below.

We may collect and process the following types of information about you:

  • Purchase and assistance information. We collect information when you purchase our Service or contact us for support. This information will include name, gender, contact information, billing address, delivery address and any further information you volunteer to provide to us.
  • Health-related data. When you purchase or use our Service, we will collect and process data concerning your health, including Samples, Test Information or any other information we might receive from you, a medical practitioner, your insurance company, or Accredited Laboratory.
  • Correspondence. We will collect and maintain your contact details when you communicate with us, sign up for promotional material, participate in special promotions, or connect with us through social media. If you contact us by email, we may keep a record of that correspondence. If you make a request with regard to the handling of your Personal Information, we may retain information regarding the request and any actions we take or correspondence we provide in response to such request.
  • Website and device information. We collect information about your browser or device, including, where available, your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. We also collect details of your visits to our Site including, but not limited to, traffic data, location data, the resources that you access, web logs and other communication data. Our Site also uses cookies to distinguish you from other users of our Site. This helps us to provide you with a better experience when you browse our Site and also allows us to improve our Site.
  • Survey information. If you respond to any surveys that we might request, which are completely voluntary, we will process your responses.

Use of Information

We use the information we have to help us provide, operate, improve, understand, customize, support, and market our Service. The broad uses of your information are described below. We may use your Personal Information for the following purposes:

  • To receive, store and analyse your Samples;
  • To receive, review, store and communicate your Test Information to you;
  • To de-identify your information for service improvement, product quality improvement, research, operations or to disclose to trusted partners for business or other purposes;
  • To fill and support your purchases of our Service, including to process payments and to provide customer assistance;
  • To ensure that content from our Site is presented in an effective manner for you and your device;
  • For marketing purposes to keep you aware of what we are up to and provide you with offers, updates and news related to Services you have purchased;
  • To provide targeted marketing;
  • To analyze information to help us administer, support and improve our business;
  • To detect, investigate and prevent activities that may violate our policies or agreements or be illegal, including by sharing information with law enforcement;
  • To retain certain records about the handling of any Samples for regulatory purposes;
  • To retain certain tax and accounting records.

Disclosure of Information

We share Personal Information with service providers, affiliates, partners, and other third parties where it is necessary to provide the Service, or for any other purposes described in this Privacy Statement. In particular, we may share your Personal Information with certain third party suppliers and service providers to help us operate, provide, improve, understand, customize, support, and market our Service. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Statement by imposing obligations of security and confidentiality on such service providers.

We may disclose and transfer your Personal Information to contracted or other medical practitioners for purposes of review, quality assurance, prescribing of tests, review of results and other purposes.

Cookies

A “Cookie” is a string of information which assigns you a unique identification that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. We use first-party and third-party cookies for the following purposes: to make our Site function properly, to improve our Site and Services, to make login to our Site easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Site, to enhance your experience with the Site and Services, to remember information you have already provided, to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Site. If you decide at any time that you no longer wish to accept cookies from our Site for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.

Children's Personally Identifying Information

By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. The features, programs, promotions and other aspects of our Service requiring the submission of Personally Identifying Information are not intended for anyone under 13 years of age. We do not knowingly collect Personally Identifying Information from children under the age of 13 other than minor children receiving the Service through registration by their parent or legal guardian. If you are under 13 then you may not use or access our website or services at any time or in any manner. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed Personally Identifying Information to us please contact us at privacy@aptitudemedical.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s Personally Identifying Information as well as prohibit the use thereof.

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.

We generally collect the following categories of Personal Information about your when you use our Site or services:

  • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
  • protected classifications, such as gender;
  • commercial information such as records of products or services purchased, obtained, or considered by you;
  • health information;
  • Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
  • your geolocation, to the extent you have configured your device to permit us to collect such information
  • audio recordings of your voice to the extent you call us, as permitted under applicable law;
  • inferences about your preferences, characteristics, behavior and attitudes.

We collect your Personal Information for the business purposes described in Section 3, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your Account with us or the security of our network systems.

  • Right Against Discrimination - You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
  • Right to Know - You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
  • Right to Delete - You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions. To assert your right to know or your right to delete your Personal Information, please email privacy@aptitudemedical.com. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
  • Right to Opt-Out of Selling. As described in this Privacy Policy, in certain situations we may share your Personal Information with our partners, third parties or affiliates for our marketing or other purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident you have the right to opt-out of such sharing. If you would like us to no longer share your Personal Information in this way, please email privacy@aptitudemedical.com. If you opt-out, we may be unable to offer you some of our Services which require sharing of Personal Information.

In addition, California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable). To make such a request, please email privacy@aptitudemedical.com.

Miscellaneous

Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under the Agreement. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

Last Modified: August 4, 2022