VIOME PRIVACY POLICY

Version 1.1

Effective Date: February 16, 2017

Introduction

Viome, Inc. is a company that collects and analyzes physiological, physical, and molecular data for the purpose of understanding and optimizing the wellness of individuals. The samples collected from study participants include stool, blood, saliva, cheek swab, and/or urine, using test kits provided by Viome. Participants will collect the clinical samples and ship them to Viome for analysis. Along with data obtained from clinical samples, participant-provided information will be collected and stored by Viome. Based on our analysis of all participant data, Viome will make personalized diet and lifestyle recommendations to the individual participant via, without limitation, the Viome website located at www.viome.com and Viome’s 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 the participant, either alone or in combination with other information. By using the Viome website and mobile applications, and consenting to participate in the Viome clinical research study, the participant allows us to collect, store, and use their Personal Information for research purposes that will enable us to improve the personalization of diet and lifestyle advice. Viome recognizes and understands the importance of privacy and respects our participants’ desire to store and access Personal Information in a private and secure manner.

THIS PRIVACY POLICY DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. THIS PRIVACY POLICY FURTHER DESCRIBES OUR POLICIES WITH REGARD TO PERSONAL INFORMATION AND PROTECTED HEALTH INFORMATION. PLEASE REVIEW IT CAREFULLY.

  1. Acceptance of Privacy PolicyThis VIOME PRIVACY POLICY (“Privacy Policy”) concerns the collection, use, and disclosure of your (“you” or “user”) information by Viome, Inc. (“Viome,” “we,” or “us”) in connection with the services, programs, websites, and software applications (collectively, the “Service”) provided by Viome.This Privacy Policy is incorporated by reference into the VIOME TERMS OF SERVICE (“Terms”), which can be found here: https://www.viome.com/terms. By subscribing to or otherwise using the Service, or accessing any content or material that is made available by Viome through the Service, you agree to be bound by the Terms, including 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 revisions on the Service. Your continued use of the Service following the posting of such changes or modifications will constitute your acceptance of those changes or modifications.
  2. Types of Personal InformationViome collects and uses several types of Personal Information in connection with the Service:“Registration Information” is collected when you subscribe to or register for the Service. This information includes, but is not limited to, your name, credit card information, billing and shipping addresses, and contact information such as email address and telephone number. Viome uses Registration Information to authenticate your access to Viome websites and mobile applications; to enable you to purchase features related to the Service; to deliver personalized reports to you in connection with the Service; and to send you marketing communications.“Sample Data” is collected when you provide self-collected clinical samples to Viome for analysis using the Viome-supplied collection kits. Sample data includes, but is not limited to, gut or mouth microbe analysis, gut gene expression analysis, gut metabolite analysis, personal genetic analysis, personal gene expression, and personal metabolite analysis. If you consent to participate in the clinical study, the sample data are analyzed in aggregate with other participants’ data to improve the personalization of Viome’s diet and lifestyle recommendations.“Self-Reported Information” is collected when you provide information to Viome including, but not limited to, information your health conditions (e.g. Type 2 diabetes), other health-related information (e.g. smoking status, activity level, heart rate), diet information (e.g. food intake levels), and personal traits (e.g. height and weight). This information is provided to Viome using its websites and mobile applications. Self-Reported Information is used to support the study objective of identifying correlations between dietary and lifestyle inputs with molecular measures.

    “Medical Information” is collected when you give Viome permission to access your medical records. With written and signed permission in place, Viome will obtain the medical records from your healthcare provider and use the Medical Information to improve data analysis methods and optimize wellness recommendations provided to you in reports.

  3. Other Types of Collected InformationWhen you use the Service, some information is automatically collected through the use of log files. Such information may include your device’s Internet Protocol (IP) address, your device’s operating system, the browser type, the address of a referring website and your activity while using the Service. Viome uses this information for purposes such as analyzing trends, administering the Service, improving customer service, diagnosing problems with our servers, tracking user movement, and gathering broad demographic information for aggregate use. We may also automatically collect certain information through the use of web beacons or “cookies.” Cookies are small data files that are stored on a user’s hard drive at the request of a website to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. 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 your browser or device settings will not allow you to accept cookies or if a user rejects a cookie, you may not be able to sign in to your Viome account and will not be able to access certain Service features.In addition, Viome may use third parties to provide certain functionalities or to collect, track and analyze non-personally identifiable usage and statistical information from users, such as the user’s browser type, operating system, browsing behavior and demographic information. 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.
  4. Our Duty With Respect to Your Health InformationViome is required by law to protect the privacy of any of your information that qualifies as “protected health information” and to provide you with notice of these legal duties with regard to any such information. Specifically, the privacy practices outlined in this Privacy Policy have been developed to meet the requirements of the Privacy and Security Rules sections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other applicable U.S. state laws and any other provincial, federal or national laws and regulations. Under HIPAA, protected health information generally includes information that we create or receive that identifies you and your past, present or future health status or care or the provision of or payment for that health care. Such information includes, but is not limited to: information, including demographic data, that relates to (a) an individual’s past, present or future physical or mental health or condition; (b) the provision of health care to the individual; or (c) the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Sample Data, Self-Reported Data, and Medical Information may contain such protected health information, and any such protected health information is deemed to be Personal Information for purposes of this Privacy Policy.
  5. Disclosure of Personal Information to Third-PartiesIn general, Viome will not disclose individual-level Personal Information to third parties, except under the following circumstances:
    • Viome may disclose individual-level Personal Information to partners or service providers (e.g. credit card processors and accredited reference laboratories) who process and/or store Personal Information in order to help Viome provide, understand, or improve the Service. In those instances, the protection of your individual-level Personal Information will be subject to the privacy policy of the specific Viome partner or service provider.
    • If you consent to participate in the research program conducted by Viome and its research partners (the “Viome Research Program”), qualified Viome employees, consultants, and other third parties may access your individual-level Sample Data, Self-Reported Information, and Medical Information for the purpose of conducting scientific research. The Viome Research Consent can be found here: Here.
    • Viome may disclose such information to third parties where you provide express written consent for Viome to do so.
  6. Information Required to be Disclosed by LawUnder certain circumstances, Personal Information may be subject to disclosure 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) or obligations that Viome may owe pursuant to ethical and other professional rules, laws, and regulations; (ii) enforce the Viome Terms of Service; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Viome, its employees, its participants (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.
  7. SecurityTo prevent unauthorized access or disclosure, to maintain data and information integrity, and to ensure the appropriate use of information, Viome uses various physical, technical, and administrative measures to keep your Personal Information secure, in accordance with in current technological and industry standards. In particular, all connections to the Viome websites and mobile applications are encrypted using Secure Socket Layer (SSL) technology.Please recognize that protecting Personal Information is also your responsibility. We ask all participants to be responsible for keeping secure their password, as well as other authentication information used to access the Service. You should not share authentication information to any third parties, and should inform Viome immediately of any prohibited use of your password. Viome cannot secure and assumes no liability for Personal Information that is released by the Participant to third parties, such as a healthcare provider.
  8. Children’s PrivacyViome 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 designed or intended to attract children under the age of 13. A parent or legal guardian, however, may 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. The parent/guardian may create an account for, assist with sample collection for, and provide Self-Reported Information on behalf of his or her child. The parent/guardian assumes full responsibility for 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.In the event that 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, any of the information stored by that child. The Company 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.
  9. Account Closure and Correction of Personal InformationIf the Participant wishes to stop participating in the Service, the account may be closed by sending a request to Viome via email at info@viome.com. When closing an account, Viome removes all personal identifiable information associated with Sample Data. In addition, Viome retains limited Registration Information related to the Participant’s order history (e.g., name, contact, and transaction data) for accounting and compliance purposes.Personal Information and Registration Information can be changed, corrected, or updated using the Viome websites and mobile applications.
  10. Business TransitionsIn the event that Viome goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, 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 and current Privacy Policy.
  11. ContactIf you have questions about this Privacy Policy, please contact us at info@viome.com or by writing to us at:
    Viome, Inc.
    Attn: Privacy Officer
    723 N. Shoreline Blvd,
    Mountain View CA 94043