Privacy Policy

Last Updated: June 9, 2024

This Privacy Policy applies to all websites owned and operated by GeneSprout, Inc. (“GeneSprout” or “We”), including www.genesprout.com, and any other websites, pages, features, or content we own or operate, and to your use of the GeneSprout mobile app and any related Services. If you do not agree with this Privacy Policy, please do not access of use the Sites, Services, or any other aspect of GeneSprout, Inc.’s business.

We use the same terms here as in our Terms of Service. We’ll let you know in this Privacy Policy if we have a new or different definition for a term. This page informs you of our policies regarding the collection, use, and disclosure of Personal Information when you use our Sites and Services and the choices you have associated with that data. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. The use of information collected through our Sites shall be limited to the purposes under this Privacy Policy.

When we say Personal Information, we use this to refer to the different data categories we describe in this section that either personally identify you or are about you. Your Personal Information can be either individual-level information, which is information about a single individual, such as their genotypes, diseases, or other traits or characteristics, or de-identified information, which includes information that has been stripped of identifying data, such as name and contact information, so that an individual cannot reasonably be identified.

Here are the types and categories of Personal Information we collect, and the purposes for which we collect that information:

  • Registration Information: information you provide during account registration or when purchasing the Services, such as your name, your child’s name, user ID, password, date of birth, billing address, shipping address, payment information (e.g., credit card), account authentication information, or contact information (e.g., email, phone number).  This information is collected so that GeneSprout can provide the Services to you.

  • Genetic Information: information regarding you or your child’s genotype. Genetic Information includes the GeneSprout genetic data and reports provided to you as part of our Services.

  • Sample Information: information regarding any sample, such as a buccal swab sample, that you submit for processing to be analyzed to provide you with Genetic Information, laboratory values or other data provided through our Services.

  • Self-Reported Information:​information you provide to GeneSprout including your child’s sex and gender at birth, disease conditions, health-related information, medical history, traits, ethnicity, family history, or anything else you provide to us within our Services and to facilitate those Services.

  • Biometric information:​ certain self-reported information you provide to us or our service providers to verify your identity using biological characteristics.

  • User Content: 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 GeneSprout Services and transmitted, whether publicly or privately, to or through GeneSprout. User Content includes comments posted on our Blog or messages you send through our Services.  Such information is collected to facilitate the Services, and for administrative and operational purposes.

  • Web-Behavior Information: information on how you use our Services or about the way your devices use our Services is collected through log files, cookies, web beacons, and similar technologies (e.g., device information, device identifiers, IP address, browser type, location, domains, page views).  Such information is collected to facilitate the Services, and for administrative and operational purposes.

Aggregate Information is different from Personal Information

Aggregate Information is not Personal Information because Aggregate Information does not contain information about, nor can it reasonably be linked to, a specific individual. Aggregate Information is information about a group of people, such as an analysis or evaluation of a group. Aggregate Information describes the group as a whole in such a way that no specific individual may be reasonably identified. For example, the number of GeneSprout customers with a specific variant or health condition is Aggregate Information.

How we collect information.  We collected information from a variety of sources, including the following categories:

  • Directly from You: We collect information you provide to us when you request or purchase Services or information from us (including authorizations to share data with us from another entity, like lab test results and other medical information), register with us (including when you link your account on a third-party site or platform with your GeneSprout account, such as via Google or Apple), participate in forums or other activities on our sites, features, and applications, respond to surveys, visit our physical properties, call our Customer Care support line, or otherwise interact with us using one or more devices. You may provide information in a variety of ways, including by typing or using voice commands.

  • Service Providers: We may collect information through service providers who use a variety of technologies and tools, such as cookies, analytics tools, software development kits, application program interfaces, web beacons, pixels, and tags when you visit, use or interact with our Services. For more detail on how we collect and use Web-Behavior Information, please see our Cookie Policy.  

  • Other Third Parties: We may receive information about you from other users, individuals, our corporate affiliates, or other third parties. For example, if someone gifts you a testing kit or Subscription, invites you to view their GeneSprout Report, or otherwise refers you to GeneSprout, we may collect information about you.

  • GeneSprout: We may infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics. For example, we use your Genetic Information to predict certain health predispositions, or we may infer your location (such as city, state, and country) based on your IP address.

 

How we use your information

We will not use your Genetic Information for personalized or targeted marketing and/or advertising without your explicit consent.

For each of the categories of your Personal Information that we collect, as described above, we use that information to:

  • Provide our Services, including to develop, operate, improve, maintain, and safeguard our Services, including developing new product tools and features

  • Analyze and measure trends and usage of the Services

  • Communicate with you, including customer support, or to share information about our Services or other offers or information we think may be relevant to you

  • Personalize, contextualize and market our Services to you

  • Provide cross-context behavioral or targeted advertising (please see our Cookie Policy for more information)

  • Enhance the safety, integrity, and security of our Services, including prevention of fraud and other unauthorized or illegal activities on our Services

  • Investigate conduct that violates our Terms of Service

  • Conduct surveys or polls

  • Verify your identity and administer your User Account

  • Enforce, investigate, and report conduct violating our Terms of Service or other policies

  • Conduct surveys or polls, and, with your prior permission, obtain testimonials or stories about you

  • Comply with our legal, licensing, and regulatory obligations

  • Conduct research on de-identified data as part of GeneSprout Research (coming soon), if you choose to participate

  • Engage in structured commercial activities involving de-identified data, including the sale or other transaction which allow access to such data, under legally permissible circumstances which preserve the de-identified nature of the data

GeneSprout Research (coming soon)

GeneSprout has an opt-in research program (coming soon), meaning that for eligible customers, taking part in GeneSprout Research (as defined below) is completely voluntary. Refer to the GeneSprout Research Consent (coming soon) for information to help you make an informed choice about participating. Here are key points about GeneSprout Research, how GeneSprout Research uses personal information, and other ways we safeguard your privacy.

Before explaining how GeneSprout Research uses Personal Information, let’s cover a few basics:

What is GeneSprout Research?

The purpose of GeneSprout Research is to make new discoveries about genetics and other factors behind diseases and traits. “GeneSprout Research” means research activities performed by GeneSprout, either independently or jointly with third parties, and overseen by an independent ethics review board (also called an Institutional Review Board or “IRB”). GeneSprout Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, including non-profit foundations, academic institutions or pharmaceutical companies.

What if I do not want to participate in GeneSprout Research?

If you are eligible to participate in GeneSprout Research, you can choose whether to participate or not, and you can change your mind any time. Customers do not need to participate in GeneSprout Research to use GeneSprout. Nothing changes about your core GeneSprout experience if you do not participate in GeneSprout Research. We do not use your information for GeneSprout Research unless you explicitly choose to participate in GeneSprout Research.

How does GeneSprout protect my information in GeneSprout Research?

GeneSprout Research analyses are conducted with information that has been stripped of your identifying Registration Information. You can read more about protections for your data in the GeneSprout Research Consent. 

If you choose to consent to the GeneSprout Research Consent… 

  • Your de-identified Genetic Information and/or Self-Reported Information may be used for GeneSprout Research.

  • We may use de-identified individual-level Genetic Information and Self-Reported Information internally at GeneSprout for research purposes.

  • We may share summaries of research results, which do not identify any particular individual, with qualified research collaborators and scientific publications.

  • We may inform you of research opportunities for which you may be eligible. We will not share individual-level Personal Information without your explicit consent. To change your preferences for these communications, go to your Account Settings. 

Some participants choose to contribute in additional ways to GeneSprout Research. For example, you can choose to participate in research studies that require additional study-specific agreement(s). Those consents are separate and, like the GeneSprout Research Consent, you can withdraw from them anytime. You should review those specific consents for the details.

Data sharing

We appreciate the level of trust you put into us. We generally do not share your personal data outside the Company. We do not sell your personal data to any third-party.

  • Service providers: Our service providers and contractors help us provide our Services and act on our behalf to get things done. We implement procedures and maintain contractual terms with each service provider and contractor to protect the confidentiality and security of your Personal Information. For example, some of the things we use service providers and contractors to help us with include: order fulfillment and shipping; processing and analyzing your samples; sample storage (sometimes referred to as “biobanking”); customer care support; cloud storage, IT, and security; marketing and analytics; and more.

  • Your sharing choices: You may direct us to share your Personal Information with friends, family members, doctors or other healthcare professionals, and/or any other individuals or entities who may or may not be using our Services, including through third party services such as social networks and third-party apps that connect to our Services. If you share your Personal Information with a third party, they may use your Personal Information differently than we do under this Privacy Policy. Please make such choices carefully and review the privacy policies of all other third parties involved.

  • Commonly owned entities, affiliates and change of ownership: If we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your Personal Information may be accessed, sold or transferred as part of that transaction and this Privacy Policy will apply to your Personal Information as transferred to the new entity. We may also disclose Personal Information about you to our corporate affiliates, including InformedDNA, to help operate our services and our affiliates’ services.

  • Third parties related to law, harm, and the public interest:  GeneSprout will not​provide information to ​law enforcement​​ unless required by law to comply with a valid court order, subpoena, or search warrant. We require all law enforcement inquiries to follow a valid legal process, such as a court order or search warrant, and are prepared to exhaust available legal remedies to protect customer privacy. If we are compelled to disclose your Personal Information to law enforcement, we will try our best to provide you with prior notice, unless we are prohibited from doing so under the law.

GeneSprout will preserve and may disclose any and all information 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 or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that GeneSprout may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the GeneSprout Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GeneSprout, its employees, officers, directors, contractors or other personnel, its users, and the public.

Security

GeneSprout implements specific physical, technical, and administrative safeguards in order to prevent unauthorized access or disclosure of your Personal Information. We perform regular reviews and assessments for the purpose of keeping our security policies and procedures up-to-date and ensuring the integrity of our systems. Despite these measures, you must also take responsibility in protecting your Personal Information. This means keeping your password and other authentication information secure and notifying us if an unauthorized person uses your login credentials. GeneSprout employees, contractors, and other personnel are not able to view your password and we encourage you not to share your password with us or anyone else. 

Your Privacy Rights

You may have other specific privacy rights depending on your state of residency or where your information is collected, processed, or shared.

GeneSprout has collected the following categories of personal data from consumers within the last twelve (12) months:

  • Contact Information (name, email and postal address)

  • Online Identifiers (IP address, cookie IDs)

  • Demographic Information (age, race, gender)

  • Internet Activity Information

  • Audio Information (voicemail and other call recordings)

  • Genetic information

  • Medical Information

Your California Rights

If you are a resident of California, you have the following rights with respect to your Personal Information.

  • Right to Notice. Before or at the time we collect personal data from you, you have the right to receive notice of the personal data to be collected and the purposes for which we use it. This Notice is intended to satisfy this requirement.

  • Right to Know. You have the right to request that we provide you with the following

  • The categories of personal data we have collected about you;The categories of sources from which we have collected personal data about you;

  • The business or commercial purpose for collecting your personal data;

  • The categories of third parties with whom we share personal data;

  • The specific pieces of personal data we have collected about you; and

  • The categories of personal data that we have disclosed about you for a business purpose.

  • Right to Withdraw Consent.  You have the right to withdraw your consent to the collection, use, and disclosure of your genetic data, including the right to have any of your or your child’s biological samples that are stored by GeneSprout destroyed.

    • Your Personal Information shall not be disclosed to an entity responsible for administering or making decisions regarding health insurance, life insurance, long-term care insurance, disability insurance, or employment, for that same purpose.

  • Right Not to Be Subject to Discrimination. You have the right to be free from discrimination or retaliation for exercising any of your rights under the California Consumer Protection Act (CCPA) or under the California Genetic Information Privacy Act (CGIPA), including the rights listed herein.

 

Your Washington State Rights

If you are a resident of Washington State or your data is collected in Washington State, you have the following rights with respect to your Personal Information.

  • Right to confirm whether GeneSprout is collecting, sharing, or selling your data.

  • Right to access your data that is collected, shared, or sold.

  • Right to receive a list of all third parties and affiliates with whom your data has been shared and sold.

  • Right to receive an active email address of all third parties and affiliates who have received your data.

  • Right to withdraw your consent from collecting and sharing your data.

  • Right to have your data deleted.

  • Right to appeal refusal to take action on a request.

 

Other State Privacy Rights

Please note that GeneSprout may not be required to fulfill your requests in certain circumstances and as subject to individual state laws. These may include instances where we must retain or restrict access to personal data in order to preserve scientific integrity, as your personal data must be managed in specific ways in order for the information to be reliable and accurate and to meet regulatory obligations of GeneSprout and its affiliates.

Additionally, GeneSprout is not required to provide information in response to a request to know for a particular consumer more than twice in any given twelve-month period.

When you submit a request to exercise your right of access, your right to deletion, or your right to know, we are required to verify that you are who you say you are. We may request that you provide additional personal data for the verification process.

To exercise the rights described above, to file a concern or complaint, or to opt-out of particular programs, please contact hello@genesprout.com.

Federal and certain state laws (including the federal Genetic Information Non-discrimination Act) may provide protection from discrimination by an employer or health insurance provider based on your genetics. Contact us at hello@genesprout.com if you wish to learn more about these protections.

Special Notice Regarding International Transfer of Personal Data

GeneSprout is a United States corporation based in Delaware. GeneSprout uses web servers and stores data in the United States. We may transfer your personal data to our service providers and others located in any of these countries for the purposes described in this Privacy Policy. Different countries have different privacy laws and requirements, and some provide less legal protection for your personal data than others. Please know, however, that no matter where your personal data is collected or processed, if it was collected through an GeneSprout Website, the terms of this Privacy Policy apply and any privacy notices or click-through agreements that apply to you.

Children

The GeneSprout Website is not directed to children under the age of thirteen (13), and we request that these individuals not provide personal data through the GeneSprout Genomic Website. The GeneSprout Genomic Website, its content, and its services are intended for individuals over the age of 13. The GeneSprout Genomic Website is not directed to, nor do we knowingly collect information from, children under the age of 13. If we actually know that a user under the age of 13 has volunteered personal data on the GeneSprout Genomic Website we will delete such information from our records. If you become aware that your child or any child under your care has provided us with personal data, please contact us at the contact information listed below.

Under Age 18

Minors under 18 years of age or their parents or legal guardians may have the minor’s Personal Information that they provide to us through the Site deleted by sending an email to hello@genesprout.com requesting deletion.

Retention of Personal Information

GeneSprout will retain your Personal Information for as long as necessary to provide the Services, comply with our legal obligations, resolve disputes, enforce agreements, or for other legitimate and lawful business purposes.