Effective Date: 4-FEB-2019

PATHNOSTICS PRIVACY POLICY

Thank you for visiting an online service (e.g.,www.pathnostics.com ; www.CapDxLabs.com) that posts a link to this Privacy Policy (“Service”) owned or operated by Pathnostics (“Pathnostics,” “we,” “us,” “our”). This Privacy Policy will provide you with information as to how Pathnostics collects, uses, and shares information about you, including the choices Pathnostics offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it. For information related to interest-based advertising and your choices related to it, see Section 5 on this Privacy Policy. For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you. For example, for more information on how we collect, use, and share your protected health information, as governed by the Health Insurance Portability and Accountability Act (“HIPAA”), please refer to our Notice of Privacy Practices relating to health information.

By visiting or otherwise using the Service, you consent to Pathnostics’ data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service including any and health Notice of Privacy Practices. If you do not agree and consent, please discontinue use of the Service.

1. INFORMATION WE COLLECT

    A. Information about You that You Provide.

    Pathnostics, and/or its Service Providers (defined below), may collect information you provide directly to Pathnostics and/or its Service Providers via the Service. For example, Pathnostics collects information when you use or register for the Service, subscribe to notifications, use our contact forms, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on Third-Party Services’ data collection and practices see Section 5. For more information on Service Provider data collection and practices see Section 3.

    Information Pathnostics, its Service Providers and/or Third-Party Services may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number, and address, (“Personal Information”); and (2) demographic information, such as your gender, age, zip code, interests, and recent and upcoming supply orders, and whether you are a physician or a patient (“Demographic Information”). Except to the extent required by applicable law, Demographic Information is “non-Personal Information” (i.e., data that is not Personal Information under this Privacy Policy). In addition, Personal Information, including, without limitation, Pathnostics-Collected PI (defined below), once “De-identified” (i.e., the removal or modification of the personally identifiable elements, or the extraction non-personally identifiable elements is also non-Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law (such as HIPAA). To the extent any non-Personal Information is combined by or on behalf of Pathnostics with Personal Information Pathnostics itself collects directly from you on the Service (“Pathnostics-Collected PI”), Pathnostics will treat the combined data as Pathnostics-Collected PI under this Privacy Policy. For more information on how we collect, use, and share your protected health information, as governed by the Health Insurance Portability and Accountability Act (“HIPAA”), please refer to our Notice of Privacy Practices relating to health information.

    B. Information Collected Automatically. Pathnostics, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law (such as HIPAA), or to the extent Usage Information is combined by or on behalf of Pathnostics with Pathnostics-Collected PI, Pathnostics does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Pathnostics-Collected PI. For more information on Third-Party Services’ data collection and practices See Section 5. For more information on Service Provider data collection and practices see Section 3. For information on choices some of these third parties may offer you regarding automated data collection see Section 9. For more information on how we collect, use, and share your protected health information, as governed by the Health Insurance Portability and Accountability Act (“HIPAA”), please refer to our Notice of Privacy Practices relating to health information.

    The methods that may be used on the Service to collect Usage Information include:

    o Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.

    o Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, fingerprinting, device recognition technologies, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.

      o Cookies

      A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices.

      o Web Beacons (“Tracking Pixels”)

      Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.

      o Embedded Scripts

      An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from Pathnostics’ web server, or from a third party with which Pathnostics works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.

      o Fingerprinting

      Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.

      o Device Recognition Technologies

      Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).

    Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services, and used by Pathnostics and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services. See Section 9 regarding certain choices regarding these activities.

    Pathnostics is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 9 so that your consent to encountering them is meaningfully informed. To the extent the information we collect through Tracking Technologies is considered protected health information, as governed by the Health Insurance Portability and Accountability Act (“HIPAA”), please refer to our Notice of Privacy Practices relating to our data practices regarding health information.

    C. Information Pathnostics Collects From Other Sources. Pathnostics may also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with Pathnostics-Collected PI. Notwithstanding anything to the contrary, except to the extent such data combined by or on behalf of Pathnostics with Pathnostics-Collected PI, this Privacy Policy is not intended to limit Pathnostics’ activities regarding such third-party-sourced, or non-Service-sourced, information (including Personal Information), and such data will only be treated as Pathnostics-collected PI to the extend it is combined with Pathnostics-collected PI. Pathnostics is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.

2. HOW WE USE THE INFORMATION WE OBTAIN.

Pathnostics may use information about you, including Pathnostics-Collected PI and other Personal Information, for any purposes not inconsistent with Pathnostics’ statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:

• Allow you to participate in the features we offer on the Service;

• Facilitate, manage, personalize, and improve your online experience;

• Process your registration, manage your account;

• Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;

• Pathnostics marketing and other purposes;

• Improve the Service and for any other internal business purposes;

• Tailor our content, advertisements, and offers;

• Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;

• Determine your location and manage digital content rights (e.g., territory restrictions); and

• Prevent and address fraud, breach of policies or terms, and threats or harm.

3. INFORMATION WE SHARE WITH THIRD PARTIES.

Pathnostics may share non-Personal Information, and Personal Information that is not deemed Pathnostics-Collected PI hereunder (provided that Pathnostics is aware of no restrictions of Pathnostics’ use, if any), with third parties or affiliates for any purpose. Pathnostics’ sharing of Pathnostics-Collected PI is, however, subject to the following:

Marketing: Subject to your communications choices explained in Section 9, we may use your Personal Information to send you marketing communications. Pathnostics will not share your Pathnostics-Collected PI with third parties or affiliates, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below) absent your consent (which may be by means of third party interaction described in the next bullet point).

Your Disclosure or Consent : As more fully described in Section 4 (Information You Disclose to Others) and Section 5 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Pathnostics-collected Personal Information (as well as your other Personal Information and your non-Personal Information) with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third party, not Pathnostics.

Pathnostics may also share any information about you (including, without limitation, Pathnostics-Collected PI) for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

• Pathnostics’ agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to, your information, including, without limitation, Personal Information, Demographic Information, and Usage Information, in connection with their work on Pathnostics’ behalf, provided however, Pathnostics does not authorize its Service Providers to use Pathnostics-Collected PI provided by Pathnostics to the Service Providers to send you direct marketing messages other than related to Pathnostics absent your consent. For more information on choices Service Providers may offer you see Section 9.

• To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request; and

• If Pathnostics believes your actions are inconsistent with Pathnostics’ applicable terms or policies, or to protect the rights, property, life, health, security and safety of Pathnostics, the Service or its users, or any third party.

In addition, Pathnostics may share your Pathnostics-Collected Personal Information (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Pathnostics assets, or transfer of all or a portion of Pathnostics’ business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).

4. INFORMATION YOU DISCLOSE TO OTHERS.

Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Pathnostics relies on you to only send to people that have given you permission to do so. The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Pathnostics for any other marketing purpose unless Pathnostics obtains consent from that person. Your contact information and message may be included in the communication.

5. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.

The Service may include hyperlinks to websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Pathnostics’ content; and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 4) or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Pathnostics in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Pathnostics. Also, both Pathnostics and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

Pathnostics may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or Cross-device Data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”).

Pathnostics may use Google Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help Pathnostics analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage.

Except to the extent we combine information we receive from Service Providers, Third-Party Services, or other third parties with Pathnostics-Collected PI, in which case Pathnostics will treat the combined information as Pathnostics-Collected PI under this Privacy Policy (see Section 1C), data obtained by Pathnostics from a third party, even in association with the Service, is not subject to Pathnostics’ limitations regarding Pathnostics-Collected PI under this Privacy Policy, however such data remains subject to any restrictions imposed on Pathnostics by the third party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Pathnostics, the types of information shared, and your choices on what is visible to others on Third-Party Services.

Pathnostics is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 9 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

6. DATA SECURITY AND MONITORING.

Pathnostics takes reasonable measures to protect Pathnostics-Collected PI from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Pathnostics does not guarantee the security of your information collected through the Service.

To help protect you and others, Pathnostics and its Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including Pathnostics-Collected PI and other Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with this Privacy Policy; investigate violations of or enforce these documents; and otherwise to protect the rights and property of Pathnostics, affiliates, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.

7. INTERNATIONAL TRANSFER.

Pathnostics is based in the U.S. and the information Pathnostics and its Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.

8. ACCESSING AND CHANGING INFORMATION.

Pathnostics may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Pathnostics-Collected PI, and potentially certain other information about you (e.g., profile and account information). Pathnostics will make good faith efforts to make requested changes in Pathnostics’ then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information from Pathnostics’ databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

9. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.

    A. Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

    Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Pathnostics currently does not alter Pathnostics’ practices when Pathnostics receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Pathnostics is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser ( http://www.ghostery.com ), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites you visit and privacy and opt-out policies and options of the parties operating those cookies. Pathnostics is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

    B. Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

    You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices . Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices . Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Pathnostics supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks Pathnostics directly engages to serve you Interest-based Advertising will do so as well, though Pathnostics cannot guaranty their compliance. Pathnostics is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

    In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our data bases and the data bases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including without limitation their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, and find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.

    C. Communications. You can opt out of receiving certain promotional communications (emails) from Pathnostics at any time by for promotional emails, following the instructions provided in emails to click on the unsubscribe link. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Pathnostics may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Pathnostics’ ongoing business relations.

10. CHANGES TO THIS PRIVACY POLICY.

We reserve the right to materially change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

11. CONTACT PATHNOSTICS.

If you have any questions about this Privacy Policy, please contact Pathnostics here

Pathnostics
ATTN: Privacy Policy
17661 Cowan
Irvine, CA 92614
USA

© Pathnostics 2019. All Rights Reserved.