Effective Date: February 22, 2019
Legal Basis of Data Processing
We process your information under one or more of the following legal bases:
- With your valid affirmative consent;
- To fulfill a contract with you; and/or
- As necessary for the purposes of the legitimate interests pursued by us, except where such interests are overridden by your privacy interests or fundamental rights and freedoms.
PERSONAL AND CONTACT INFORMATION
Admera Health collects, stores and uses personally identifiable information including, date of birth, payment information (e.g., credit card) and contact details such as email address, phone number, shipping/billing address, and contact preferences when it is voluntarily submitted to us for purposes of considering or ordering a Test, receiving Services and/or when you register for updates, or contact us.
Admera Health may use this information to contact you for administrative communications, including contacting you by email or phone to notify you when your healthcare provider has ordered the Test on your behalf, to collect payment for the Test, and/or in connection with rendering the Services, including when Admera Health sends a test result or report. We may contact you to provide you with information you have requested or provide you with additional information, which Admera Health believes may be of interest to you. We may also use the information to respond to your inquiries, provide you with technical support, to remind you of our Terms of Service (WWW.ADMERAHEALTH.COM/TERMS), and other policies governing the use of our Services, and to comply with lawful requests by public authorities, including law enforcement requests and legal process. In addition, Admera Health may send you promotional communications, including updates on products and services offered by Admera Health. You have the ability to opt-out of receiving promotional communications by updating your account settings or by following the unsubscribe instructions within a promotional communication. Please be aware that if you opt-out of receiving email from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
You may choose to decline to share certain personal information with Admera Health. In some cases, we may not be able to provide you with some of the features and functionality of the Service or Sites without that information.
Admera Health is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and will not sell or rent your personal information to any other company or organization. Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
HEALTHCARE PROVIDER SERVICE INFORMATION
Healthcare providers using the Service may provide us with information about their patients and their practices, including NPI numbers, address, phone number, email, and the name, job title, and contact information of other providers involved in an individual’s care.
AGGREGATE DATA COLLECTION
Admera Health and our third-party partners track visits to the Sites to compile anonymous aggregate statistics. Admera Health uses various technical measures to gather anonymous statistics. This is done to help us customize and improve users’ experience, to gather demographic information about our user base, to offer our products and services, to monitor and track our marketing programs, and to serve targeting advertising on our site and on other sites around the Internet.
If you are under the age of 13, you must obtain the authorization of a responsible adult (parent, legal custodian, or teacher) before using or accessing our Service. We will not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have collected any personal information from children under 13 without their parent or guardian’s written consent, we will promptly remove such information from our databases.
DO NOT TRACK
We do not track personal information about your online activities over time and across third-party Web sites or online services. We do not allow third parties to collect personal information about your online activities over time and across different Web sites when you use our Service. As a result, we do not respond to Web browser “do not track” signals.
You have the opportunity to create an online account with us at WWW.ADMERAHEALTH.COM. If you do, you will be issued a secure user ID and have the opportunity to set up your password. Individuals with user IDs are solely responsible for the maintenance and security of your user ID and password. You also agree that You will be solely responsible for any activities conducted through your online account in connection with the Services. User IDs and passwords are personal and unique to each individual user and may not be shared. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify Admera Health of any unauthorized use of which you become aware.
Information that you provide to Admera Health through our Services and the Site is encrypted using industry standard Secure Sockets Layer / Transport Layer Security (SSL/TLS) technology, with the exception of information you send to us via email. Your information is processed and stored on controlled servers with restricted access. Unfortunately, due to factors outside our control (patient-owned computers infected with malware, etc.), we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk. As a consequence, Admera Health disclaims any warranties, guarantees, representations or liability relating to maintenance or nondisclosure of private information.
HIPAA is the Health Insurance Portability and Accountability Act enacted in 1996. This law governs how protected health information (PHI) can be used. Admera Health rigorously follows the standards established by HIPAA, which is the same standard followed by hospitals and other healthcare institutions. Our adherence to HIPAA means that all personally-identifiable health information is encrypted and stored safely. At Admera Health, the only individuals with access to results are those who need it in order to provide services to you. For example, the genetic counselor with whom you make an appointment will have access to your results so that you can fully discuss any questions related to your results.
In 2008, a federal law called the Genetic Information Non-Discrimination Act (GINA) was passed to prohibit medical insurance companies and employers from discriminating against individuals on the basis of genetic information, which is defined to include genetic test results, family cancer history, and the fact that genetic testing occurred.
For example, Section 202(a)(1) of GINA provides that it is unlawful “to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee.” Learn more about GINA, including the exceptions.
PROVIDER AND PATIENT PORTALS
Tests and Services are ordered by healthcare providers and their authorized representatives through our portal as stated in the Terms of Service (WWW.ADMERAHEALTH.COM/TERMS). The portal is used for the storage and transmission of Protected Health Information between Admera Health and healthcare providers and their authorized representatives. Protected Health Information is used in accordance with the Health Information Portability and Accountability Act (HIPAA) and applicable federal and state laws governing patient privacy. Protected Health Information may only be used by or disclosed to your healthcare provider for purposes of treatment and other authorized purposes as stated in the Terms of Service. Information accessed through use of the Service, including Protected Health Information, is secured using administrative, physical and technical safeguards. For example, the transfer of information is encrypted using industry standard Secure Sockets Layer / Transport Layer Security (SSL/TLS) technology and information is stored on controlled servers with restricted access. All access is password protected and each individual user has his/her own user name and password. All access is tracked at Admera Health for security purposes.
HOW YOU CAN ACCESS AND CONTROL YOUR PERSONAL DATA
You have the following rights with respect to our processing of your personal information:
(1) access to your personal information that we process;
(2) correction of any errors in your personal information;
(3) to withdraw consent previously provided;
(4) to object to our processing of your personal information;
(5) in cases where (a) your objection to our processing of your personal information is not overridden by our legitimate interest in continuing the processing, (b) our processing of your personal information is based on your express consent that you subsequently withdraw, (c) your personal information is no longer necessary for the purpose for which we originally collected it, (d) we are processing personal information for direct marketing purposes and you object, or (e) legal obligations require it, the erasure of your personal information; and
(6) to take your personal information provided by express consent or for the performance of a contract from us with you.
To exercise these rights, or to remove yourself from our mailing list for catalogs or emails, please contact us via email at clientcare@ADMERAHEALTH.COM. Please include your name and mailing address in the message. If you would like to no longer receive emails from us, please click the ‘unsubscribe’ link included in all promotional emails sent by us.
We will retain your personal information for as long as is required to fulfill the purposes for which the information is processed or for other valid reasons to retain your personal information (for example to comply with our legal obligations, resolve disputes, or enforce our agreements).
QUESTIONS OR COMPLAINTS
In compliance with the EU-US Privacy Shield Principle, Admera Health commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Client Care at:
Admera Health, LLC.
ATTN: Compliance Department
126 Corporate Boulevard
South Plainfield, NJ 07080, USA
TEL: +1 (908) 222-0533
FAX: +1 (908) 222-2729
Admera Health has further committed to refer unresolved EU-US Principle complaints to an independent dispute resolution mechanism, JAMS ADR EU PRIVACY SHIELD, operated by JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint.
You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have first taken the following steps: (1) raised your complaint directly with Admera Health and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see U.S. Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration) at http://ec.europa.eu/justice/data-protection/files/annexes_eu-us_privacy_shield_en.pdf.
Our Services are controlled and operated by Admera Health. By choosing to visit our Services or otherwise provide information to Admera Health, you agree that any dispute over privacy or the terms contained in this Privacy Statement will be governed in accordance with the governing Dispute Resolution and Arbitration provisions of the Terms of Service (WWW.ADMERAHEALTH.COM/TERMS). If you are accessing our Services from any location with regulations or laws governing personal data collection, use or disclosure that differ from United States laws or regulations, please note that through your continued use of our Services, you are transferring personal information to the United States of America. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements or for other reasons. All updates will be posted on this web page (WWW.ADMERAHEALTH.COM/PRIVACY). Please check the website for the most current version of our Policy. Your continued use of the website after we have posted a notice on the website constitutes your acceptance of such changes.
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at clientcare@ADMERAHEALTH.COM, by calling 1-844-4ADMERA or 1-844-423-6372 (toll free), or sending us a message using the contact form on our contact page.