At Toolbox Genomics, we help guide our clients’ healthcare decisions and protecting your personal health information is among our highest priorities.
“Account” means any and all records created pursuant to the relationship created between you and Toolbox, whether created online via the Toolbox website, by a consent letter or form, or otherwise, in which you provide Toolbox Personal Information in order to use and access the Services.
“Personal Information” means information that can be used to identify you, either alone or in combination with other information.
“Preference Information” is information derived from Registration Information, Genetic Information, Self-Reported Information and/or other information that indicates a preference for one or more products or category of products.
“Terms of Service” means the Toolbox Terms of Service, the most current version of which is available at https://www.mytoolboxgenomics.com/terms-and-conditions/.
“Toolbox Genomics,” “Toolbox,” “we,” “us,” or “our” means Toolbox Genomics, Inc., a Delaware Corporation, whose principal place of business is at 2950 Buskirk Ave, Ste 300, Walnut Creek, CA 94597.
“Toolbox Research” means analysis by Toolbox of its Services, the Toolbox website, Aggregated Genetic and Self-Reported Information, its platform, and efficacy with its users. Toolbox Research only uses individual Genetic Information and/or Self-Reported Information from users who have given informed consent according to an applicable consent document.
“Service” or “Services” means Toolbox’s products, software, services, reports, and Toolbox website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you regardless if the use is in connection with an Account or not.
“You,” “Your,” or “user” means you, the individual using or accessing the Services, whether acting on your own behalf or for anyone for whom you have legal authority to agree and act on behalf of or otherwise.
Toolbox collects and stores the following types of information in and through the Services that may, alone or in combination with other information, constitute Personal Information:
“Registration Information” is the information you provide, including information about yourself, when registering for and/or purchasing Toolbox Services (e.g., name, email, address, user ID and password, and payment information), whether provided in a consent letter or form, or online, and regardless of whether or not the information is provided via the Toolbox Website or in connection with an Account.
“Genetic Information” is information regarding a genotype (e.g., the As, Ts, Cs, and Gs at particular locations in a genome), generated through processing of or otherwise provided from (i) genetic data and/or genetic information provided by you to Toolbox (through the Toolbox website or otherwise), including raw genetic data and digital versions of the same (which may have been created or generated by third parties, including genetic testing services such as 23andMe, Inc.); (ii) your saliva by Toolbox or by its contractors, successors, or assigns; or (iii) information otherwise processed by and/or contributed to Toolbox.
“Self-Reported Information” is all information about yourself or otherwise reported by you, including information relating to nutrition, diet, disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you provide or enter into surveys, forms, or features while using or accessing Toolbox Services and/or signed in to your Toolbox Account.
“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials other than Genetic Information and Self-Reported Information generated by users of Toolbox Services and transmitted, whether publicly or privately, to or through Toolbox.
“Toolbox Website Behavior Information” is information on how you use the Toolbox website (e.g., browser type, page views, Internet Protocol (“IP”) address from which you access the Services, domains, uniform resource locator (“URL”) of the website from which you came and the website to which you proceed once you leave the Toolbox website) collected through log files, cookies, and web beacon technology.
“Aggregated Genetic and Self-Reported Information” is Genetic Information and Self-Reported Information that has been de-identified and combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
If you communicate with Toolbox by email or otherwise, post User Content to the Toolbox website or via Toolbox Services, post messages to any forums, complete online forms, questionnaires, surveys, or entries, provide information outside of the account registration process, or otherwise interact with or use the features on the Toolbox website, a record of such communications may be kept.
We use Genetic Information and Self-Reported Information for the following purposes:
We use Registration Information for the following purposes:
We use the Toolbox Website Behavior Information for the following purposes:
We use Aggregated Genetic and Self-Reported Information for the following purposes:
Preference Information is exclusively owned by Toolbox, and may be used by Toolbox and its strategic partners to provide you with information on products and services that may be of interest to you, and for other lawful purposes.
Except as otherwise stated herein, Toolbox will not share Personal Information about you with any third party, except under these circumstances:
You acknowledge and agree that Toolbox is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Toolbox may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Toolbox Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Toolbox, its employees, its users, its clients, and the public. In any such event, Toolbox will notify you through the Registration Information or contact information you have provided to Toolbox in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including Personal Information, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Toolbox may, in its sole discretion, restrict access to the Toolbox website for any reason.
Except as otherwise stated herein, Toolbox will never release Genetic Information or Self-Reported Information to a third party without asking and obtaining explicit consent from you to do so, unless Toolbox is required to by law to do so. Toolbox does not and will not disclose or share Genetic Information or Self-Reported Information to insurance companies or employers.
If a user includes such user’s Personal Information as part of the User Content that such user posts or transmits to the Toolbox website, such information may be made available to any parties using the Toolbox website, Toolbox Services, and/or such User Content. Toolbox does not edit or otherwise remove such information from User Content before it is posted on the Toolbox website. If a user does not wish to have such user’s Personal Information made available in this manner, such user must remove any such information from the User Content before posting. User contact information (which may include, without limitation, a user’s username and email address) may be included with any User Content that a user posts via the Toolbox website. Toolbox is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manner.
Personal Information about users that is maintained on Toolbox’s systems and servers is protected using industry standard security measures. In order to secure your Personal Information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Toolbox website. However, no security measures are perfect or impenetrable, and Toolbox cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure. Toolbox is not responsible for the circumvention of any privacy settings or security measures contained on the Toolbox website by any users or third parties.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Toolbox is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to firstname.lastname@example.org. If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to email@example.com.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Toolbox’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Toolbox remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Toolbox proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Toolbox commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact us via email at: firstname.lastname@example.org.
Toolbox has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Generally, providing Personal Information other than Registration Information and Toolbox Website Behavior Information to Toolbox is voluntary and based only on your choice, your actions, and the permission you give Toolbox.
Giving consent to Toolbox to use the Genetic and Self-Reported Information provided by you for Toolbox’s Services, including its report generation services, Toolbox Research and other research for which you provide consent is completely voluntary.
Your sharing of Self-Reported Information through Toolbox Services, surveys, questionnaires, or other Toolbox website features, is voluntary.
If you no longer want to participate in Toolbox Services, you can close your Account by sending a request to email@example.com. When you close an Account, Toolbox will remove all of Genetic Information and Self-Reported Information about you within thirty (30) days of your Account closure request. Any Genetic Information and/or Self-Reported Information that you have previously provided and for which you have given consent to use in Toolbox Research or other research cannot be and will not be removed from ongoing or completed studies that use this information. Toolbox’s laboratory contractors may retain Genetic Information about you as required by law. Registration Information may be retained as necessary for business purposes as related to your order history and for accounting, audit, and compliance purposes.
Depending on where you live, you may have additional rights provided by applicable law. For example, in addition to the rights to access and remove Personal Information, you may have a right to amend, restrict the processing of, or object to the processing of Personal Information. You may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at firstname.lastname@example.org, so we have an opportunity to address your concerns directly before you do so.
California Civil Code Section 1798.83 permits users that are residents of California to request certain information regarding Toolbox’s disclosures of personally identifiable information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please email Toolbox at email@example.com.
2950 Buskirk Ave, Ste 300
Walnut Creek, CA 94597