VIOME PRIVACY POLICY

Version 3.0

Effective Date: May 20, 2020

This Viome Privacy Policy (“Privacy Policy”) applies to all products, programs, testing service, websites, pages, features, content, research, optional study participations, software (including mobile applications or services), collection, testing, and analysis of biological samples (collectively, the “Service”) provided by Viome, Inc. (“Viome,” “we,” or “us”). Our Privacy Policy is designed to help you (“you”, “customer”, or “user”) better understand how we collect, use, store, process, and transfer your information when using our Services.

This Privacy Policy is incorporated by reference into the Viome terms of service (“Terms” or “Terms of Service”), which can be found on our website and mobile software applications. Please carefully review this Privacy Policy and Terms of Service. By using our Services, you agree, accept, and consent to all of the policies and procedures described in these documents. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy or the Terms of Service, you should immediately discontinue use of our Services.

Introduction

Viome, Inc. is an AI-driven, personalized therapeutics platform and application that empowers people with data and technology based on the functional analysis of microbial, mitochondrial, and human gene expression. Our Services include access to the Viome public website, mobile application, and personal “omics” testing services (e.g., microbiome, genetic, transcriptome, etc.), including the collection and analysis of your stool, blood, saliva, or other biological samples.

The biological samples we collect include stool, blood, saliva, cheek swab, skin swab, and other (“Samples”), using sample collection kits (“Kits”) provided by Viome. Customers will collect the Samples using the Kits and ship them to Viome for testing and analysis. Data obtained from testing the Samples are subjected to a process of sequencing to produce sample data (“Sample Data”) used for producing test data (“Test Data”) that will be stored and used with customer-provided information (in response to our questionnaires and other self-reported information) and Viome proprietary technology that use analytics and Artificial Intelligence to generate test results (“Test Results”) that we provide you as part of the Service. Based on our analysis of Test Results and  customer-provided data, using Viome technology, Viome makes personalized diet, supplements, and lifestyle recommendations to individuals via, Viome website located at www.viome.com and mobile applications.

Viome takes privacy very seriously. We are committed to protecting the privacy and security of “Personal Information” which could be used to identify our customers, either alone or in combination with other information. By accessing or using the Service (as defined above), customers allow us to collect, store, and use their Personal Information that enables us to provide more accurate and personalized recommendations. Viome recognizes and understands the importance of privacy and respects our customers’ desire to store and access Personal Information in a private and secure manner.                            
THIS PRIVACY POLICY DESCRIBES HOW INFORMATION ABOUT YOU MAY BE COLLECTED, USED, STORED, MAINTAINED, DISCLOSED, PROTECTED, AND ABLE TO ACCESS THIS INFORMATION. THIS PRIVACY POLICY FURTHER DESCRIBES OUR POLICIES ON OUR CUSTOMERS' PERSONAL INFORMATION, PERSONAL DATA, PERSONALLY IDENTIFIABLE INFORMATION, SELF-REPORTED INFORMATION, PROTECTED HEALTH INFORMATION, AND SENSITIVE INFORMATION. PLEASE REVIEW IT CAREFULLY.

  1.  Acceptance of Privacy Policy
    By subscribing to or otherwise using the Service, or accessing any content or materials made available through the Service, you agree to be bound by our Terms of Service, that includes this Privacy Policy. Viome reserves the right to change or modify this Privacy Policy at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revised Privacy Policy (with the revision effective date posted on the top left side) on our Service. Your continued use of the Service following the posting of revised Privacy Policy will constitute your acceptance of those changes.                                                                                                                                                                  
  2.   What Information We Collect
    When you subscribe to or use our Service, Viome collects and uses several types of information as identified below. These include information you provide directly to us, your clinical and test data, information our customers provide in response to our questionnaires, self-reported information, data we retain in order to improve our data analytics methods and artificial intelligence engine and our Service, information we collected through tracking technology, web analytics, and other types of information we receive about you from third party sources.

    We may collect “Personal Information” about you that amounts to any factual or subjective information whether recorded or not about an identifiable individual.

    “Personally Identifiable Information” or “PII” is information about an individual when used alone or with other relevant data that can identify an individual (e.g., first and last name, birthdate, home address, social security number, bank account number, passport number, Health insurance ID number, etc.).

    “Personal Data” is any information relating to a natural person, when that person can be identified, directly or indirectly, in particular by reference to an identification number (e.g. social security number) or one or more factors specific to his physical, physiological, mental, economic, cultural or social identity (e.g. last name and first name, date of birth, biometrics data, fingerprints, or DNA).

    “Sensitive Information” or “Sensitive Data” is a category of Personal Information or Personal Data of an individual relating to confidential medical facts, records, racial or ethnic origins, political or religious beliefs, or sexuality.

    “Self-Reported Information” is all information you provide us about yourself, including input and answers to surveys, forms, questionnaires, email, features on our website and software applications, while participating in Research Studies and Research Participations, engaging with our customer service (“Customer Service”) or while using the Service (e.g., information about your personal traits (e.g., eye color, height), ethnicity, disease conditions (e.g. Type 2 Diabetes), physical health-related information (e.g., pulse rate, cholesterol levels, visual acuity, medicine you currently take, habits such as smoking), diet related information (e.g., vegetarian, vegan, allergies, etc.), mental health related information (e.g. emotional conditions such as fear or anxiety), and family history (e.g., information similar to the foregoing about your family members).

    “Protected Health Information” or “PHI” is any information about health status, provision of health care, or payment for health care that can be linked to a specific individual that also includes such information as any part of a medical record or payment history.

    “Registration Information” is collected when you subscribe to or register for our Service. This information includes, but is not limited to Personal Information such as your name, date of birth, password, payment information (such as credit card information of which, Viome stores only the 4 last digits and the expiration date), billing and shipping addresses, and contact information such as email address and telephone number that you provided to create your Viome account (“Viome Account” or “Account”) used for the Service. Viome uses Registration Information to authenticate your access to Viome Account, websites and mobile applications for purposes that include but not limited to the following: use the Service, enable you to purchase or access add-ons and new features related to the Service, deliver personalized reports, send Research Studies or Study Participation Consent Forms and questionnaires, marketing and communications, and certain other purposes.

    “Biological Samples” are the self-collected stool, blood, and other fluid samples such as saliva, cheek swab, skin swab, or urine, that you collect using Sample collection kits (“Kits”) and used for microbiome, genotype, phenotype, and gene expression testing and analysis performed by Viome.

    “Sample Data” is molecular data created from the Samples you provide to Viome for testing and analysis. Sample Data analysis includes, but is not limited to, microbiome analysis, microbial gene expression analysis, human gene expression, and personal genotype.  

    “Medical Information” is information in your medical records or with your healthcare provider that you give Viome permission to access. Viome will access your Medical Information or contact your healthcare provider only with your written consent by acceptance of a Consent Form or by other means used at the time of obtaining consent.  

    “User Content” is information that you create or content that you post or upload on our website, social media, or public forums that relate to us, such as blogs, data, text, software, documents, audio, photographs, graphics, video, messages, discussions, emails, or other materials that you create or provide to us through public or private transmissions.

    “Test Data” is information we extract from Sample Data for use in our testing services that produce data and test results that help us provide you with accurate and personalized recommendations.

    “De-identified Information” or “De-identified Data” as used here is Samples and other forms of data after removing personal identifiers from them immediately upon receipt, and assigning a unique code for each Sample or data, and performing all downstream testing, research, and data analyses relevant to Samples or data only using that unique code. De-identification is a well-established privacy practice followed in our industry whereby information likely to be identified with you will be scrubbed from the Sample Data, Test Data, internal records, or other forms of data before using the data for provisioning the Service. De-identification prevents Viome from storing your personally identifying information together with your Samples, Test Data or other data in any database or records or release them externally in any way (even accidentally). Your Samples and Test Data are used with your Personal Information only to the extent necessary and for the purpose of delivering the Service to you and communicating directly with you when necessary. For all other purposes, including for Research and Research Studies, analysis, and improving our Artificial Engine, except when you have specifically consented to, we use the de-identified data.                                                                                                                                                                                
    “Pseudonymized Information” or “Pseudonymized Data” is Samples and other forms of data after removing their personal identifiers and replacing them with artificial identifiers or pseudonyms, that are held separately subject to strong technical safeguards to prevent identification with a natural person. De-identified or pseudonymized data as used in this Privacy Policy means data that cannot be attributed to you or a specific individual without the use of additional information, and that additional information is not accessible to the users of the data. Viome takes all reasonable precautions to avoid inadvertent identification of Samples and other Sensitive Data with their personal identifiers.  

    “Aggregate Information” or “Aggregate Data” means high-level information or data collected from a group of individual Samples or other data combined with similar data of the others and compiled into data collections or summaries such that when evaluated as a whole, that no specific individual may be reasonably identified. Aggregate Data is often used for data analysis and sometimes for Research.                                                                                                                                                                                                                                  
    “Individual-level Data” means information or data about a single individual's Sample or other types of data provided by the individuals themselves or collected from other sources.  

    “Web Information” is information on how you use Viome website (e.g. browser type, domains, page views, etc.) or other online media owned by Viome, and are collected through log files, cookies, and web beacon technologies.                                                                                                                                                                                                                  
  3.   Use of Cookies
    Viome and its third-party service providers from whom it receives your information may use “cookies” and similar tracking technologies (such as web beacons, tags, scripts and device identifiers used for automatic collection of information), for a variety of purposes. Cookies are small data files that are stored on a user’s hard drive at the request of a website to enable the website to recognize and retain certain user information such as customer preferences and history.

    Cookies help us recognize when and how you use our Services, customize and improve your experience, provide security, analyze our interactions with our Services and its features, gather demographic information about our user base, make special offers of our Service, monitor the success of marketing programs; and for targeted advertising on our website and on other websites
    on the Internet.

    When Viome receives reports from third parties on how certain functionalities of our website works, usage and statistical information such as the user’s browser type, operating system, device ID (only for IOS users), these third parties may collect personal information from you in connection with the services they provide and may place cookies, web beacons or other devices on your device to collect non-personal information which may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage of the Service and the other services tracked by these third parties. Viome is not responsible for, and does not control, any actions or policies of any third-party service providers. For additional details, please see our Cookie Policy at https://www.viome.com/cookie-policy.

    The information reports we receive from third party service providers can be in de-identified, individual-level, or at aggregate-level, and we may also use these reports to improve our data analytics methods. If we combine cookies with, or link them to, any of the Personal Information, Viome will treat this information as Personal Information.

    If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if you reject cookies or your browser or device settings does not accept cookies, you may not be able to use certain parts of our website or sign in to your Viome Account and may not be able to access certain Service features. For more information, including the types of cookies found on our Service and how to control cookies, please read our Cookie Policy.                                                                                                                                                          
  4.   Google Analytics
    Like many websites, we use Google Analytics for web behavior monitoring, a service that provides information about how many users visit our website and online resources, when they visit, and how they navigate our website. We also may use other Google Analytics tools, such as Demographics and Interest Reporting, which enable us to learn more about the characteristics and interests of the users who visit our website, and Remarketing with Google Analytics, which enables us to provide relevant advertising on different websites and online services.                                                                                                                                                                                                                                                        
    To learn more about Google’s privacy practices, please go to Google Privacy Policy at  https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.                                                                                                                                                                      
  5.   User Content
    Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“User Content”) that may be made available to Viome and other users of the Service.

    You should be aware that any User Content you provide or post in public media may be read, collected, and used by others who access them, and we have no control over these media. Please exercise caution before and when you choose to share personal information on our blogs, forums or in any other public media.

    Viome at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any User Content on our Service that infringes Viome’s or any third party’s intellectual property or other rights, violates our Terms and this Privacy Policy or our other policies, or is otherwise objectionable.

    By sending User Content, you grant Viome a perpetual, irrevocable, worldwide, royalty-free, freely transferable and sub-licensable, non-exclusive right to use, reproduce, modify, transmit, translate, publish, publicly perform, display, distribute, commercialize, share with third parties, transmit or distribute over public network and media, and create derivative works of such User Content for purposes specified in Viome Terms of Service and for delivering the Service to you and other users of the Service.                                                                                                                                                           
  6.    Other Types of Information
    From time to time, we may collect other types of information automatically about your use of our Service through the use of log files. Such information may include your device’s Internet Protocol (IP) address, operating system, browser type, and your device ID. Viome uses this information for purposes such as analyzing trends, administering the Service, improving customer service, diagnosing problems with our servers, monitoring the security of our systems, tracking user movement, and gathering broad demographic information for aggregate use.

    All other information we receive directly or indirectly through the above methods, from you, our website, social media, referral, or a third party associated with you will be used in manners consistent with this Privacy Policy.                                                                                                                                                                                                                           
  7.    Information on our Testing Service
    To use our Services, you must first purchase, receive from a third party (e.g., as a gift), or from us directly or through an authorized channel partner, a Kit, and then create an online Account, register your Kit, and return your Sample directly to our laboratory within the timeframe specified in our Sample Return Policy. Currently, all testing services are performed at Viome’s highly automated, CLIA-certified laboratory that complies with federal regulatory standards applicable to testing performed on humans governed by The Clinical Laboratory Improvement Amendments of 1988 (“CLIA”). Depending on our needs we may use certified and licensed third-party service facilities in the future for testing and Sample collection services.

    Our laboratory will use your Samples for testing, analysis and generation of Sample Data that will be used to generate Test Data. Test Data is used with Self-Reported Data in conjunction with our data analysis methods and artificial intelligence engine that we use for generating the Test Results that we use in order to provide personalized diet, lifestyle, and supplements recommendations to you.

    During the Kit Registration and at various stages of using our Service, you will be requested to review this Privacy Policy, Terms of Service, and other relevant documents (such as Consent Forms, and study specific Consents or questionnaires) and accept them. By accepting these documents, you consent to use of your information according to the terms specified in these documents, that include informed consent for use of your Samples, Sample Data, Test Data and other types of information for purposes specified in these documents that include testing, analysis, reporting, improving our data analysis methods, Research and development, Research Studies, as well as  Study Participations  as further described in this Privacy Policy.

  8.    How We Use your Information
    Viome will use and share your information (including Personal Information) in the ways that are described below and elsewhere in the Privacy Policy.

    a)   Provide you with the Services
    We use your information in accordance with this Privacy Policy for activities necessary for provisioning the Service that include testing and analysis of data, generate and deliver Test Results and recommendations, and improve our Services. These activities may include but not limited to: i) open and maintain your Viome Account; ii), enable purchase of our Service (e.g., process payments); iii), communicate with you (e.g., informing you of policy changes, security updates or issues, etc.); iv) implement your requests (e.g. requests to customer service); v) facilitate use of our website and mobile applications (including authenticating your visits, providing personalized content, and tracking your use of our Services); vi) enforce our Terms and other agreements such as monitor, detect, investigate and prevent prohibited or illegal activities, spam and other security risks, performing quality control; vii) perform Research Studies and Research & development activities (which may include, for example, Research conducted by the Viome Research Institute); viii) conducting data analysis to improve existing Services or develop new Services; and ix) improving our data analytics and artificial intelligence engine that help us provide more precise and accurately personalized recommendations to you.

    We may also use your information to fix bugs or issues, analyze use of our website, to improve or optimize the customer experience and Customer Service, or assess the efficacy of our marketing campaigns.

    For individuals located in Europe, we process your Personal Data in the same way in accordance with this Privacy Policy and our Terms of Service.

    b)   For Research and Research Studies
    When you use our Services, Viome may use your Personal Information, and other data at individual-level or otherwise (in de-identified, pseudonymized, or aggregate forms)  for ongoing  research conducted by Viome and Viome Research Institute (“VRI”) that help us better understand the connections among microbiome, gene expression, and your health and wellness at individual as well as at population scale (“Research”). The information we use in Research is often summarized, aggregated, or combined across a group of subjects to minimize the chance of identification. In the event we require use of individual-level Personally Identifiable Information in Research or for other purposes, we will reach out to you for obtaining specific consents applicable to such other use.

    With your consent as expressed by acceptance of the Participant Information and Consent Form presented to you at Registration or while using the Service (“Consent Form”), Viome may use your Individual-level Personally Identifiable Information in Viome lead clinical studies and scientific research activities identified by Viome study protocols that support  a specific diagnosis of a disease, development of a treatment, or predict certain health conditions (“Research Study” or “Research Studies”). Participation in Research Studies is voluntary.

    Research and Research Studies are important aspects of our Service. The primary aim of VRI is to improve our Service using the data we gather from our Research. We invite you to take part in these Research and Research Studies that may help improve our Services and may also help generate breakthrough discoveries in the fields of microbiota and gene expression leading to pushing the boundaries in human health. We strongly believe that the insights we gain through Research and Research Studies may benefit the general population as a whole, and indirectly you or your family as well sometime in the future.

    The Research activities may include but not limited to conducting data analysis to develop new or improve existing Services, perform quality control, and identifying potential areas or targets for specific diet or lifestyle recommendations. Research Studies may encompass population-scale studies, development of a specific diagnosis or treatment, predict certain health conditions, or develop scientific knowhow, discoveries, and intellectual property assets to improve healthcare for the population as a whole. They may also include publishing study results in peer reviewed scientific journals publications and commercialization activities.

    Research Studies may also entail, use of your Personal Information (including Medical Information), for selecting candidates suitable for a particular research study for identifying the correlations between dietary and lifestyle inputs and illness or wellness at molecular levels. As a result, we may reach out to you from time to time with requests for additional information about you, your diet, lifestyle or certain conditions by way of surveys and questionnaires as well as additional consents as necessary. When we do, you have the opportunity to choose which surveys to take, which questions to answer and grant us or decline your specific consent for these Research Studies. By choosing to answer, you are granting us the consent for Research Studies.

    Unless required by law or a court order, Viome will not release your individual-level Personal Information to any third party not identified in this Privacy Policy without first receiving your explicit consent by way of acceptance of a Consent Form.

    For individuals located in the European Union (“EU”): Our legal basis for processing your Sensitive Data for the purposes described above is based on your consent. Please read below on Data Privacy for EU Residents Under GDPR for further details.

    c)   For Study Participations
    From time to time, Viome may engage in certain study specific research in collaboration with third parties such as non-profit foundations, academic institutions, healthcare organizations, or commercial research partners with the intent to study about a specific disease condition or a segment of the population (“Study Participations”). Research Participations are governed by specific regulations and require approval by an independent review board and your informed consent by way of acceptance of a study specific optional informed Consent Form that contains specific details on the study, collaborator, and the type of information we collect and share.  If we identify you as a potential participant in a Study Participation, you will be presented with the Consent Form for acceptance that grants us your informed consent for Research Participations.

    Some of these Study Participations are aimed at publication in peer-reviewed journals and other research publications. Study Participations are completely optional and voluntary for participants, and if you wish, you can choose to decline to accept the Consent Forms or choose not to respond.

    Study Participations require use of Personal Information by way of collection and analyses of physiological and molecular data such as Samples, individual Clinical Data, Test Data, and Self Reporting Information. When you have accepted a study specific Consent Form for Study Participations, we may share your Personal Information with the identified third-party study collaborators. Viome employs industry standard controls and safeguards in protecting and using your Personal Information for Study Participations in accordance with the terms of this Privacy Policy.

    When you have consented to Study Participations by way of accepting a study specific informed Consent Form, we may store and use your Sample Data and other Personal Information for current and future Study Participations. In addition, based on your Personal Information, if you were a potential fit for other Study Participations, we may contact you at any time of Service via email, website, or mobile application, with a notification for specific Study Participation and acceptance of a study specific Consent Form. You may choose to accept, decline, or chose not to respond to these invitations and Consent Forms.  In the event you have not accepted a Consent Form or an invitation for Study Participation, you may still choose to join Study Participations in the future. Similarly, if you have accepted an invitation and a Consent Form and you do not wish Study Participations, you may decline to participate by withdrawing your consent.

    For example, if a university or a collaborator tells us about a new research project on irritable bowel syndrome, we may send you the study specific details and a Consent Form to make you aware of the Study Participation. Viome scientists may run, in collaboration with a university, an extensive clinical study program focused on developing science-based personalized nutrition algorithms towards treatment, prevention, and reversal of a chronic disease like diabetes.

    In the event if you do not wish to receive the Study Participation notifications, you can send a request to our Studies Team using the details below:  

    By Email:

    Visit https://www.viome.com/studies and send in a request for Assistance with “Study Notifications” using studies@viome.com

    By Mail:
    Viome Studies Team (Study Notifications)
    Viome Inc
    10400 NE 4th St, Suite 500,
    Bellevue, WA 98004

    d)   Improve Service, Analysis Methods, and Artificial Intelligence Engine
    We are constantly working on improving our Service and enhancing the capacity and accuracy of our data analysis methods and artificial intelligence engine we use for the purpose of delivering more accurate and personalized recommendations to you.  

    We may use your Sample Data and Self-Reported Information in de-identified, pseudonymized, anonymized, or aggregate forms (after carefully removing the identifiers that easily identify who you are), together with similar data of others, for the purpose of improving Viome’s data analysis methods. Our artificial intelligence engine runs multiple analyses of aggregated de-identified data across our massive database of information, carefully selected high-quality scientific literature, expert knowledge from our team of scientists, and customer feedback to discover what foods and supplements are ideal for you and your gut microbiome to experience optimal health. It is through our artificial intelligence engine that we are able to provide better and more accurate personalized recommendations to you.

    e)   Provide Customer Service and Support
    When you contact Viome customer service (“Customer Service”), we may use or request additional Personal Information, as necessary to verify your identity, answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints.  In certain instances, we may require using one customer’s Personal Information to resolve another customer’s request. For example, if a customer reports behavior of another customer that violates our Terms of Service, we will separately process both customers’ Personal Information and respond separately to each customer as appropriate. We will not share your Personal Information with another customer or any third party without your specific consent.

    f)   Surveys and Testimonials
    We value our customers’ feedback and may send you surveys, polls, or requests for testimonials to improve and optimize our Services. We may use your Personal Information to send you surveys, questionnaires, and requests for testimonials that we use to optimize our Service and perform quality control activities. You are in control of the information you would like to share with us. If you do not wish to receive these requests, you can manage them by a request to our Customer Service using the details provided in this Privacy Policy.

    g)   Marketing and communications
    By creating a Viome Account and using our Service, you agree to receiving Service-related email with information such as new features, add-ons, promotions, contests and other notifications about our Services. You can unsubscribe from receiving these marketing communications at any time. To unsubscribe, click the email footer “unsubscribe” link or send a request to our Customer Service using the details provided above.  You may not opt-out of receiving non-promotional messages regarding your Account, such as technical notices, purchase confirmations, important Viome policies and deadlines applicable to use of Kits and Sample returns or Service-related emails.

    We may also use the Personal Information you submit to us to personalize your user experience and to allow us to recommend or deliver the type of content, new features, or Service offering in which you are most interested. We may also use your Personal Information to compile usage statistics and other data regarding use of our Services and for other types of marketing and communication purposes, without asking for and receiving your explicit consent (e.g., targeted advertising that uses third party advertising networks and providers who help us deliver targeted online advertisements or measure the effectiveness of ad campaigns). We and our third-party service providers will not use your Sensitive Information for marketing and communication purposes.

  9.    Withdrawing Consent
    You may withdraw your consent for Research Studies or Study Participations, as expressed by acceptance of a Consent Form, at any time by sending a request to our Studies Team to change your Consent Form status as stated below:

    By Email: Visit https://www.viome.com/studies and send in a request on “Consent Withdrawal” using studies@viome.com

    By Mail:
    Viome Studies Team (Consent Withdrawal)
    Viome Inc
    10400 NE 4th St, Suite 500,
    Bellevue, WA 98004

    Pursuant to your request, we will not include your Individual-level Personal Information in Research Studies or Study Participations that start more than forty-five (45) days after the date of receipt of your consent withdrawal  Any Research Studies or Study Participations that used your Individual-level Personally Identifiable data that have already been performed or published prior to your withdrawal for which you have given consent to cannot and will not be reversed, undone, or withdrawn.

    To the extent permitted by applicable law, we may still use the de-identified, anonymized, or pseudonymized information that do not personally identify you for Research, Research Studies, data analysis, marketing, and other purposes in accordance with the terms of this Privacy Policy.                                                                                                                                                                                            
  10.    What happens if you do NOT sign a Consent Form?
    If you choose not to accept the Consent Form or grant a study specific Consent to us, your Individual-level Personal Information will not be used for Research Studies or shared with collaborators or third parties or used for Study Participations. However, you may still have an opportunity to participate, if we identify you as a potential candidate for and extend you an invitation to participate in a Research Study or a Study Participation. You may or may not accept the invitation and study specific Consent Form or you may decide not to respond.

    When you have not accepted a Consent Form, your Personal Information in de-identified, pseudonymized, and anonymized forms that do not identify you personally and in aggregate form may still be used by us, to the extent permitted by law, for Research, Research Studies, data analysis, marketing, and for other purposes as outlined in this Privacy Policy.

  11.    How We Disclose Your Information
    In general, Viome will not disclose individual-level Personal Information (including Self-Reported Information) to third parties, except under the following circumstances:

    a)   With Express Written Permission
    Viome may disclose your Personal Information to third parties in accordance with our Terms of Service or where you have otherwise provided express written consent for sharing (e.g. by way of accepting a Consent Form).

    b)   Facilitate Business Operations
    Viome may disclose individual-level Personal Information as stated in the Terms and this Privacy Policy to partners, vendors, or service providers (e.g., credit card processors, Sample Collection services, customer service accelerators, accredited reference laboratories, and genotype and microbiome testing labs) that  process and/or store such information in order to help Viome provide, or improve the Service or any part of it. In these instances, the protection of your individual-level Personal Information will be subject to the service agreements or privacy policies of the specific Viome partner or service provider. In addition, we also employ strong terms on confidentiality of information (including our customer data) shared in our agreements with the service providers.

    c)   As Required by Law
    Under certain circumstances, Personal Information may be subject to disclosures pursuant to judicial or other government subpoenas, warrants, or orders, or in coordination with regulatory authorities. You acknowledge and agree that Viome 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: (i) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry); (ii) obligations that Viome may owe pursuant to ethical and other professional rules, laws, and regulations; (iii) enforce Terms of Service; (iv) respond to claims that any content violates the rights of third parties; or (v) protect the rights, property, or personal safety of Viome, its employees, its customers (including you), and the public. In the event Viome is required by law to disclose Personal Information, Viome will notify you through the contact information provided to Viome in advance, unless doing so would violate the law or a court order.

    d)   Sharing with Third Parties
    We may share your individual-level Personal Information, without explicit consent, to the extent necessary, with third parties: i) in order to perform business operations that help deliver the Services to you (e.g., Sample collection services, laboratory service, inventory controllers that ship Kits, IT service providers, customer service optimizers, etc.); and ii) for marketing and communication purposes.

    We may also share Personal Information de-identified, pseudonymized, or aggregate forms (without your personal details or aggregated with the information of others so that you cannot reasonably be identified as an individual) for:  i)  Research and Research Studies; ii) strategic initiatives with Research partners; and iii) for other purposes, to the extent necessary, and as permitted by law.

    Unless required by law or a court order, or as specifically stated in the Terms and this Privacy Policy, Viome will not release your individual-level or individually identifiable Personal Information to any third party without first receiving your consent. Specifically, Viome does not share your individually identifiable sensitive Personal Information with third parties, in the following ways, without your explicit consent: i) sell, lease, or rent them; ii)  release to any public databases; iii) for Study Participations with collaborators; and iv) with insurance companies, healthcare providers, educational institutions, government agencies, or employers.

    e) Lost Capacity
    When a customer has lost capacity or passed away, we will only give their Account information to individuals who are legally authorized to make decisions on their behalf, such as an executor, a personal representative, or a beneficiary of a deceased's estate. The person requesting the information must complete an authorization form and provide evidence and legal documentation indicating they are allowed to act on behalf of the individual before we will provide any information.

    f) Business Transitions
    In the event Viome goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. In such a case, Personal Information would remain subject to the terms of the pre-existing or the current Privacy Policy.          

  12.    Information Security Measures
    Viome uses a number of physical, technical, and administrative measures to keep your Personal Information safe and secure. By employing these safeguards, we aim to prevent unauthorized access, minimize accidental disclosure, maintain data accuracy and integrity, and ensure appropriate use of the information in accordance with current technological and industry standards. In particular, all connections to Viome websites, software, and mobile applications are encrypted using Secure Socket Layer (“SSL”) technology.

    You acknowledge and agree that protecting Personal Information is a responsibility shared between you and Viome. In this regard, we ask all users of our Service to be responsible for keeping their login IDs, passwords, and other authentication information used to access the Service in a secure manner and maintain strict confidentiality. You should not share Account and authentication information with any third parties and should inform Viome immediately of any prohibited use of your Account or authentication information. Viome cannot secure and assumes no liability for Personal Information that is released by our customers to third parties, such as physicians, insurance companies, or healthcare service providers.

    Viome implements several physical and technical security measures to ensure confidentiality, integrity, security, and availability of Viome and customer data by employing industry standard safeguards such as de-identification, pseudonymization, encryption, and data segmentation. Your Sample Data and other Personal Information you provided to us are stored after labeling them with an assigned code without your name or other Personal Information that can easily identify your Sample with you.

    To ensure the on-going confidentiality, integrity, and security of your data, Viome conducts periodic risk assessments of its electronically protected health information systems (“ePHI”) which we use to store your Personal Data. We de-identify customers' PII from PHI and use multiple layers of industry standard security measures applicable to encryption and access protection for Sensitive Data, based on job function and role. Viome access controls include multi-factor authentication, single sign-on, and strict least-privileged authorization policies.

    Viome keeps all customer Personal Data and information on secure cloud servers.  Only a small group of qualified personnel within Viome can access the information that can be used to identify you. These are personnel who need that information in order to provide, complete, testing, analysis, and reporting related to the Services. The Personal Information that matches the assigned codes will be kept in a secure, access controlled, and protected database at Viome. Only a small group of essential personnel will have access to this secure and protected database.

    We will not include any Personal Information that would make it possible to identify you in any Research, studies or publications. All Viome employees, consultants, and others who might have access to your Personal Information must sign confidentiality and non-disclosure agreements that mandate them to keep customer Personal Information confidential. Your Personal Information may be shared with your health care service provider only with your written permission. Your Samples and their specimens and their remnants, after testing and analysis, will be stored securely with de-identified alphanumeric IDs (with no Personal Information that can identify you).

  13.    Children’s Privacy
    Viome is committed to protecting the privacy of children and abiding by the provisions of the Children’s Online Privacy Protection Act (“COPPA”). The Service is not directed, designed, or intended to attract children under the age of 13.

    In rare instances, a parent or legal guardian of a child, however, may specifically request or consent his/her child to Study Participation, and may assist the child with providing assent to Study Participation, if the child is old enough to do so. In such cases, the parent or guardian may create an Account for, assist and be responsible with collection of the Clinical Sample, and provide Self-Reported Information on behalf of his or her child.  If you are the parent or guardian of a child, you assume full responsibility for ensuring that the information you provide to Viome about your child is: i) accurate; ii) you have the legal right to provide your child’s information to Viome, and iii) that the child’s information is kept confidential and secure.

    In the event Viome is notified or becomes aware that the Service has been used by a child under the age of 13 to store information of that child without parental consent, Viome shall be and is authorized to delete, in its entirety, with no notice to you, any of the information stored by that child or by you on that child’s behalf. Viome also reserves the right to revoke any license to use the Service, which is being used or has been used by a child under the age of 13.

    Further, Viome Services are not designed for, intended to attract, or directed toward children under the age of 18 or below the legal age of majority to form a binding contract in your country of residence, whichever is greater. A parent or a legal guardian, however, may collect Samples using Kits, and create an Account for, and provide Registration information for his or her child who is under the age of majority. On these occasions, the parent or guardian assumes full responsibility for following the Sample collection instructions and ensuring that the information that he or she provides to Viome about his or her child is kept secure and that the information submitted is accurate.
    Some features associated with the Services and Study Participations are not offered to children or minors, even with parental/guardian consent. In such cases, Viome will restrict Registration for these Service or Study Participations for anyone below the age of 18.                                                                                                                                                                                                             
  14.   Retention of Personal Information
    By choosing to have Viome extract the molecular level data from your Samples as part of the Service, you consent to have Viome access, analyze, and store your Personal Information using the same or more advanced technologies, in a manner consistent with our Terms and this Privacy Policy.  Unless we notify you otherwise, we will store your Samples and data from the Samples for at least ten (10) years, but may, in its sole discretion, to the extent permitted by law, retain such Samples and data for a longer period of time. All of the same safeguards applicable to Personal Information will be provided, to any further use of your Samples, as in our Terms of Service and this Privacy Policy.

    Unless you close your Account that results in deletion of your Personal Information in the Account as described in the Account Closure process as specified below, Viome will store your Personal Information as long as your Account is open.                                                                                                                                                                                              
  15. Correction of Personal Information
    Your Personal Information and Registration Information, if incorrect, can be corrected, changed, or updated by sending a request to our Customer Service using the information stated below:

    Submit online:
    Visit support.viome.com and click “Contact Us” to request “Correction of Personal Information”

    Submit by mail:
    Viome Customer Service (Correction of Personal Information)
    Viome Inc.
    10400 NE 4th St, Suite 500,
    Bellevue, WA 98004

  16. Account Closure
    If you no longer wish to use the Service, or have your Personal Information processed by us in order to provide you the Service, you may close your Account and have your Account information deleted by sending our Customer Service a request using the information specified below.  

    Submit online:
    Visit support.viome.com and click “Contact Us” to request Account Closure.

    Once we receive your request, we will send an email to the email address linked to your Account detailing our Account Closure Policy and requesting that you confirm your closure request. Once you confirm your request to close your Account and delete your Account information, your Account will no longer be accessible.  When your request is processed, it cannot be cancelled, undone, withdrawn, or reversed. When closing an Account, Viome removes or deletes Personal Information associated with that Account, subject to certain limitations stated below:  

    To the extent necessary and permitted by law, Viome may still retain:
    i) Limited Registration Information on order history (e.g., name, contact details, closure request, and transaction data) for accounting, audit, and compliance purposes;
    ii) Limited Personal Information for compliance with legal retention requirements (e.g., CLIA requirements);
    iii) Limited Personal Information to fulfil contractual obligations, exercise or defend legal claims;
    iv) Limited Personal Information to fulfil audit and compliance processes;
    v) Information already used for Research and Study Participants; and
    vi) Limited information in de-identified, pseudonymized, or aggregate forms used in Research, data analysis and artificial intelligence.  

  17.   Retention of Personal Information
    Unless you close your Account and delete your Personal Information in the Account as described under Account Closure as specified above, Viome will store your Personal Information as long as your Account is open.
        
  18. California Residents
    Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents are afforded certain additional rights regarding use of your Personal Information. However, depending on your data choices, certain services may be limited or unavailable. If you are a California Resident, to learn more about your California Residents’ privacy rights under CCPA and to obtain a copy of our CCPA Notice for California Residents, please contact our Customer Service by sending a request using the information specified below.  

    Submit online:
    Visit support.viome.com and click “Contact Us” to request Assistance with CCPA Notice Rights.

    Submit by mail:
    Viome Customer Service (CCPA Notice Rights)
    Viome Inc.
    10400 NE 4th St, Suite 500,
    Bellevue, WA 98004

    Or
    Call our Customer Service at 1.855.958.4663                                                                                                                                                                                                                                         
  19.    California Do-Not-Track Disclosures
    Viome does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track ("DNT") signals. Third parties that have content embedded on Viome’s websites or mobile applications (e.g. social features) may set cookies on a user’s browser and obtain information about the web browser visiting a specific Viome website from a certain IP address. Third parties cannot collect any other Personal Information from Viome’s websites, software, or mobile applications unless you provide it to them directly.

  20.    Nevada Residents:
    Pursuant to Nevada Privacy Law (“NPL”), Nevada residents may direct a business that operates an internet website not to sell certain Personal Information about you.

    Viome does not sell your Personal Information to third parties. If you are a Nevada resident, for more information about your rights under NPL or how we handle and share your Personal Information, contact our Customer Service by sending a request using the information specified below:  

    Submit online:
    Visit support.viome.com and click “Contact Us” to request Assistance with NPL Rights.
    Or
    Call our Customer Service at 1.855.958.4663                                                                                                                                                                                                                                            
  21. Data Privacy for EU Residents Under GDPR
    We describe how we process your Personal Data in this Privacy Policy. This Section outlines our policies and commitment to General Data Protection Regulation (“GDPR”) applicable ONLY to information from and of the residents of the European Union (“EU”). Except where a term is specifically defined herein, the terms used in this Section will have the meaning provided under in the GDPR. In exercising rights under GDPR, applicable only to EU residents, as a precondition for processing your requests, we require proof of your identity and EU resident status both.

    Note: GDPR and Data Privacy policies outlined below do not extend or apply to residents of non-EU countries or residents of the United States.

    a)   When Viome acts as Controller
    Viome acts as a Controller when it determines the purposes and means of processing Personal Data. Where we process your Personal Data in our capacity as a Controller, this Privacy Policy will govern such processing of your Personal Data.

    b)   When Viome acts as a Processor
    Viome acts as a Processor where it processes Personal Data for another Controller. Where we process your Personal Data in our capacity as a Processor, on behalf of a third-party Controller, this Privacy Policy will not govern the processing of your Personal Data. In such events, we encourage you to contact the Controller directly to learn about their privacy policies applicable to processing of your Personal Data and exercise your rights directly with the Controller, or we will forward your request directly to such Controller upon receipt of a request from you.

    c)    Right to Withdraw Consent
    To the extent Viome has requested and you provided your consent for processing of your Personal Data, or accepted a Consent Form, you can withdraw your consent at any time by contacting our Customer Service using the information specified below. Your withdrawal will not affect the lawfulness of our processing based on consent you granted before its withdrawal as well as use of your data in ways otherwise permitted by law.

    Submit online:
    Visit support.viome.com and click “Contact Us” to request Assistance with GDPR: Consent Withdrawal

    Submit by mail:
    Viome Customer Service (GDPR: Consent Withdrawal)
    Viome Inc.
    10400 NE 4th St, Suite 500,
    Bellevue, WA 98004

    d)   Right toAccess and Rectification
    Viome allows you to access and rectify certain Registration Information, Self-Reported Information, and other information as required by applicable law. If you would like to access or rectify your Personal Data, please contact our Customer Service using the details specified below.  We may not be able to fulfil part or all of your request if doing so could adversely affect the rights and freedoms of others.

    Submit online:
    Visit support.viome.com and click “Contact Us” to request GDPR: Data Access and Rectification
    Submit by mail:

    e)   Right to Erasure ("Right to be Forgotten")
    We allow you to delete your Account or your Personal Information following a request for Account Closure at any time. You can request erasure of Personal Data that: (a) is no longer necessary in relation to the purpose for which it was collected or used; (b) was collected with your consent but later you withdrew such consent; or (c) was collected for a purpose with your consent, but there are no overriding legitimate grounds for our further processing.

    Viome will take reasonable steps to fulfil your request. Our assistance with your request, however, is subject to the following limitations:

    i) When processing your Personal Data is necessary to comply with a legal obligation, establish, exercise, or defend legal claims;
    ii) In relevant data protection laws that restrict this right for certain types of data;
    iii) When there are limitations in the available technology; and
    iv) When we are limited by the cost of implementing

    Subject to the above terms and conditions, Viome will fulfill your request within thirty (30) days from receipt of a request from an EU customer, subject to verification of requester’s identity and other details such as the EU resident status, before erase of the Personal Data concerning such customer. Notwithstanding the above, Viome shall be permitted to retain, to the extent permitted by law, any and all Personal Data that is in de-identified, anonymized, pseudonymized, and aggregated forms in accordance with the terms of this Privacy Policy.

    Please contact Viome using privacy@viome.com to exercise your right to erase your Personal Data pursuant to GDPR using the subject line: GDPR: Right to Erasure

    f)   Right to Restrict Processing
    Under GDPR, you have the right to restrict our processing of your Personal Data under the following circumstances: (a) you dispute the accuracy of Personal Data; (b) the processing is unlawful and you do not wish the erasure and request the restriction instead; (c) we no longer need the Personal Data for the purposes; and (d) when our legitimate grounds for processing override your rights.

    Following a request for restriction, however, we can continue to use your restricted Personal Data, when: a) we have your consent; b)  to establish, exercise or defend legal claims; c)  to protect the rights of another natural or legal person; or d) for reasons of important public interest.

    Please contact Viome by using privacy@viome.com using the subject line: GDPR: Right to Restrict Processing to exercise your rights to restrict processing your Personal Data pursuant to GDPR.

    g)   Right to Data Portability
    To the extent that we process your Personal Data as Controller (i) with your consent or under a contract; and (ii) through automated means, you may request your Personal Data in a structured, commonly used, machine-readable format. You may also request the transfer of your Personal Data directly to another data Controller, where it is technically feasible, unless choosing to exercise this right adversely affects the rights and freedoms of others.

    There may be an additional fee associated with processing your request.  

    Please contact Viome by using privacy@viome.com with the subject line: GDPR: Right to Data Portability to exercise your rights to portability of your Personal Data pursuant to GDPR.

    h)  Account Closure
    To close your Account, please contact our Customer Service using the information specified below. If you closed your Account, we will take the same steps described under Account Closure above.  

    Submit online:
    Visit support.viome.com and click “Contact Us” to request GDPR: Account Closure.

    i)   Personal Data retention
    Unless you close or delete your Viome Account, we retain and store your Personal Data as long as your Account is open, for other important purposes such as providing you with our Service, complying with legal obligations, resolving disputes, enforcing our agreements, and for other purposes specified in this Privacy Policy and permitted by applicable law.

    j)   Third parties with access to your Personal Data
    Viome may share your Personal Data, with third parties as necessary for them to provide their services to us and help us deliver our Services to you. Service providers are third parties (other companies or individuals) that help us provide, analyze and improve our Services. While Viome directly conducts the majority of the data processing activities required to provide our Services to you, we may engage some third-party service providers to assist us in supporting our Services, including in the following areas and ways:

    i) Order fulfilment and shipping: to provide you with the Kits and their delivery to you.
    ii) Customer Service and related service providers: to process orders, respond to customer service requests, phone services, and for customer relationship management.
    iii) Website and mobile application usage analytics services: to determine who is using Viome’s Services and how to improve those Services
    iv) Payment processors: to process customer payments using billing information
    v) Sequencing facilities: to provide sequencing required to deliver the Service to you
    vi) Testing facilities: to provide genotype, microbiome, and gene expression testing that form part of our Service
    vii) Sample collecting service providers or agents that facilitate the collection process
    viii) Study Collaborators: to engage in scientific Study Participations
    ix) Software developers: to develop and test Viome’s software and mobile applications
    x) Database service providers: to securely store Sample Data and Test Results
    xi) Storage facilities: to securely store raw and processed Samples and Sample Data
    xii) Business process outsourcers
    xiii) Study Participation collaborators
    xvi) Other service providers that support our Services

    Like many online services, to the extent necessary and permitted by applicable law, Viome may share de-identified, anonymous, or pseudonymized Personal Data that does not personally identify you or on aggregate basis with our business partners, service providers, and advertisers in accordance with our Terms and this Privacy Policy. This may also include non-individually identifiable data contained in databases, server log files such as your IP address and cookies, generalized traffic flow data, data used for Research, and aggregated statistical data that are not personally identifiable, including users’ demographic information.

    k)  How to exercise your rights on Personal Data
    If you would like to exercise your rights under GDPR on use of your Personal Data as described above, please send us a request using the designated methods specified above.  In your message, please indicate the right you would like to exercise, request you make, and the information that you would like to access, review, correct, or erase.

    We may ask you for additional information to confirm your identity and resident status and other information, for security purposes, before disclosing the Personal Data you requested.

    We reserve the right to charge a fee, where permitted by law (e.g., if our cost of processing your request is prohibitive, or your request is manifestly unfounded or excessive).

    We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

    We ask that you attempt to resolve any issues regarding your Data Protection or data requests first with us.

    Please contact us at privacy@viome.com and we will be happy to respond to your request promptly.

    You may also contact Viome’s designated, EU-based representative at:

    For EU:
    DPR Group,
    The Cube,
    Monahan Road,
    Cork, T12 H1XY,
    Republic of Ireland

    For UK:
    DPR Group,
    BPM 335368,
    372 Old Street,
    EC1V 9AU,
    London, United Kingdom

    Email (for both EU and UK): datainquiry@dpr.eu.com quoting < Viome, Inc. > in the subject line. Find online webform at:  www.dpr.eu.com/datarequest 

    If you are not happy with how we have responded to your request or resolved your complaint, you may contact the relevant supervisory authority found at:
    http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm 

    Viome’s “Privacy By Design” approach requires that our user data protection levels be at the highest setting by default. In the unlikely event of a breach, Viome will notify the applicable Data Subjects and Supervisory Authorities ("SA"s) in the EU according to procedures provided in GDPR Articles 33 and 34.

    l)  Using and sharing your Personal Data
    We collect, use, and share your Personal Data where we are satisfied that we have an appropriate legal basis for doing so. This may include i) when our use of your Personal Data is necessary to perform a contract or take steps to enter into a contract with you; ii) in our legitimate interest as a commercial organization (for example in order to make improvements to our Services, perform Research for improving our Service, and to provide you with the Data you request); iii) necessary to comply with a relevant legal or regulatory obligation that we have (for e.g., where we are required to disclose Personal Data to a court); or iv) in accordance with your consent (e.g., acceptance of a Consent Form).

    If you would like to find out more about the legal bases on which we process your Personal Data, please contact us using the details specified above.

    m)   Exporting Personal Data from the EU
    Viome may transfer your Personal Data outside of the country from which it was originally provided. This transfer may be intra-group or to third parties that we work with who may be located in jurisdictions outside of the EU that have no data protection laws or have laws that are less strictive compared with those governing the EU. Whenever we transfer Personal Data outside of the EU, we take legally required steps to make sure the appropriate safeguards are in place to protect your Personal Data as further set forth below. Please contact us for more information about the safeguards we have put in place to protect your Personal Data and privacy rights in these circumstances.

  22.    For EU and UK Individuals:
    Privacy Shield Notice for Personal Data transfers to the United States
      EU-US Privacy Shield Framework


    Viome complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce ("Privacy Shield" or "Privacy Shield Framework") regarding the collection, use, and retention of Personal Data of EU Individuals from European Union member countries and the United Kingdom transferred to the United States pursuant to the Privacy Shield Framework.

    Viome has certified that it adheres to the Privacy Shield Principles with respect to such Personal Data. If there is any conflict between the policies in this Privacy Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern.

    To learn more about the Privacy Shield, and to view our certification page, please visit: https://www.privacyshield.gov/

    With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, Viome is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

    The following provisions govern information collected in reliance on the EU-U.S. Privacy Shield Framework Principles (“Principles”) for transfers of Personal Data from the EU to the United States:

    Confirmation and Correction
    Pursuant to the Privacy Shield Framework, EU and UK individuals have the right to obtain our confirmation of whether we maintain Personal Data relating to you in the United States. Upon request, we will provide you with access to the Personal Data that we hold about you subject to the processes and conditions stated in this Privacy Policy. You may also correct, amend, or erase the Personal Data we hold about you if it is incorrect or has been processed in a manner inconsistent with the Principles. An individual who seeks access to, or who seeks to correct, amend, or erase inaccurate Personal Data transferred to the United States under the Privacy Shield, should direct their query to privacy@viome.com

    If requested to erase or remove Personal Data, subject to verification of your identity and other safeguards we employ, we will respond within a reasonable timeframe.

    Lawful requests
    Viome may be required to disclose Personal Data pursuant to lawful requests made by public authorities, including meeting national security or law enforcement requirements.

    Dispute Resolution
    In compliance with the Privacy Shield Principles, Viome 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 individuals with Privacy Shield inquiries or complaints should first contact Viome at: privacy@viome.com

    Viome has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism: BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the below website for more information and to file a complaint:
    www.bbb.org/EU-privacy-shield/for-eu-consumers 

    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.                                                                                                                                 
  23.   Notice
    When Viome collects Personal Data from individuals, it will inform the individual of the purpose for which it collects (as stated in this Privacy Policy or other means) and uses the Personal Data and the types of non-agent third parties to which Viome discloses or may disclose that information. Viome shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to Viome, or as soon as practicable thereafter, and in any event before Viome uses or discloses Personal Data for a purpose other than for which it was originally collected.

    In instances in which Viome is not the Controller or Collector of the Personal Data, but only a Processor, it may not have means of providing individuals with the choice and means for limiting the use and disclosure of their Personal Data or providing notices when individuals are first asked to provide Personal Data to Viome. In such instances, Viome will comply with the instructions of the Controller or the Collector of such information; provide appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and to the extent appropriate, assist the Controller or the Collector in responding to individuals exercising their rights under the Principles.                                                                                                                                         
  24. Choice
    In those instances where Viome collects Personal Data from individuals, we will provide an individual opt-out choice, or opt-in for Sensitive Data, before we share your Sensitive Data with third parties other than our agents, or before we use it for a purpose other than for which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your Personal Data, please submit a written request to: privacy@viome.com                                                                                                                                          
  25. Disclosures to Third Parties
    In those instances in which Viome collects Personal Data from individuals, prior to disclosing Personal Data in personally identifiable way to a third party that is not already identified in this  Privacy Policy, Viome shall notify the individual of such disclosure and allow the individual the choice to opt-out of such disclosure, or opt-in for Sensitive Data.

    Viome shall ensure that any agent third party for which Personal Data may be disclosed subscribes to these Principles or are subject to laws providing the same level of privacy protection as is required by these Principles and agree in writing to provide an adequate level of privacy protection.

    Viome will not sell, lease, or rent your individual-level Personal Data to any third party or to a third party for research or study purposes without your explicit consent. However, we may use and share de-identified, anonymized, pseudonymized, and aggregate forms of data with third parties (together with the data of others so that you cannot reasonably be identified with the shared data as an individual), in order to perform business operations, initiate Research or Research Studies,  for data analytics and enhancing our data analytics engine, send you marketing emails, or to improve our Services.                                                                                                                                               
  26. Viome’s Accountability
    Viome’s accountability for Personal Data that it receives in the United States under the Privacy Shield and subsequent transfers to a third party is described in the Privacy Shield Principles. In particular, Viome remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the Personal Data on its behalf do so in a manner inconsistent with the Principles, unless Viome proves that it is not responsible for the event that gave rise to the damage.                                                    
  27. Data Security
    Viome shall take reasonable steps and employ processes to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Viome has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the customer information from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, Viome cannot guarantee the security of information on or transmitted via the Internet. Such safeguards and processes include but not limited to:

    i) Self-assessment
    Viome uses a self-assessment approach or outside compliance review to assure compliance with this Privacy Policy and it periodically verifies that this Privacy Policy is accurate, comprehensive for the information intended to be covered, and in accordance with the Principles.

    ii) Data Integrity
    Viome shall only process Personal Data in a way that is compatible with and relevant for the purpose for which it was collected or authorized by those who provided the information. To the extent necessary for those purposes, Viome shall take reasonable steps to ensure that Personal Data is accurate, complete, current and reliable for its intended use.

    iii) Access
    In those instances in which Viome collects Personal Data directly from individuals, Viome shall allow those individuals access to their Personal Data and allow the individual to correct, amend or erase inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.                                                                                                                                          
  28. Contact Us
    If you have questions about this Privacy Policy, please contact us by email at privacy@viome.com or by writing to us at:

    Viome, Inc.
    Attn: Chief Privacy Officer
    10400 NE 4th St, Suite 500,
    Bellevue, WA 98004
    Email: privacy@viome.com