At Avellino Lab USA Inc., we and our affiliates and subsidiaries, (collectively referred to throughout this Notice as “Avellino”) are committed to responsible and respectful stewardship of the data in our custody, including your genetic data. This Genetic Information Usage Notice (the “Notice”) relates only to genetic testing performed by Avellino Lab USA, Inc. and its affiliates and subsidiaries (“Avellino”) that is not clinical diagnostic testing performed by request of a physician. If your physician has ordered a clinical diagnostic test to be performed by Avellino, please refer to our HIPAA Notice of Privacy Practices for information regarding how we use and disclose your protected health information (PHI) related to clinical tests, and your rights with respect to your PHI. This Notice applies only to genetic testing that is not directly related to clinical diagnostic testing, such as general research studies for which an individual has volunteered and provided explicit consent.   Avellino is committed to the protection of individual personal information, including genetic testing information. We believe a better understanding of the links between genes and wellness allows individuals to make educated and proactive choices about their health, and that individuals should have the right to determine how their genetic information is used. This Notice governs the manner in which Avellino collects, uses, maintains, and discloses Genetic Information, as defined below, collected through our testing. By taking one of Avellino’s tests, you signify your acceptance of this Notice. If you do not agree to this Notice, please do not test. At Avellino, we believe that individuals are the sole owners of their Genetic Information and should have the right to determine how the information is used, and that a better understanding of the links between genes, health, and wellness allow individuals to make informed choices about their health. More information regarding your privacy rights can be found in Avellino’s website Privacy Notice.

Definitions

For purposes of this Notice, “Genetic Information” is defined as any data, regardless of format, that results from the analysis of a biological sample from an identifiable individual, or from another element enabling equivalent information to be obtained and concerns genetic material (such as DNA and RNA), including any information extrapolated, derived, or inferred therefrom. Data that is irreversibly deidentified or anonymized, or data that cannot be used to infer specific information about, or otherwise be linked to, a particular individual is not considered Genetic Information within the scope of this Notice.

Information that We Collect and How We Use the Information

Genetic Information is the knowledge that can be derived from the biological sample that you provide us for analysis. You are the sole owner of your personal Genetic Information and have the right to determine how that information is used. We will not use your Genetic Information for any purpose other than to provide diagnostic testing without your prior consent unless it is expressly required or permitted by law. You may also independently share your Genetic Information at your discretion. Please note: At the time of testing, you may have been provided with an Informed Consent agreement. If you have any questions regarding the details of the consent you provided at that time, please refer to the copy of that Informed Consent agreement that was presented to you at that time. Please contact your healthcare provider if you have any questions regarding the documents provided to you at the time of your testing. We do not share your Genetic Information with employers or health insurance providers. US residents are protected under the federal law known as the Genetic Information Nondiscrimination Act (GINA) of 2008, and you may be further protected under laws of various states.  

Information of Minor Children

A parent, guardian or other authorized representative may collect a sample from, create an account for, and provide information related to, a child who is a minor. The parent, guardian or representative is certifying that they have the legal right to collect and provide this Genetic Information to Avellino, and they assume full responsibility for ensuring that the information provided to Avellino or its affiliates about the minor child is accurate. The testing services are not directed to or structured to attract users under 13 years of age. If you are under 13 years of age, do not use the testing services without an adult, and do not send information to Avellino.  

How we Protect Genetic Information

We adopt data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of Genetic Information.  

Use and Retention of Samples and DNA

Our testing involves extracting DNA from samples to perform diagnostic testing. Your samples and DNA will be retained in accordance with the Informed Consent to which you agreed at the time of testing, unless applicable law requires that the samples be destroyed sooner. Information derived from those samples, such as test results, genetic sequencing data, or other related information may be retained for as long as permitted by law.

Transfer of Genetic Information in the Event of Acquisition

Your agreement to this Notice includes your consent to the transfer of your Genetic Information to any entity that may acquire Avellino or its assets, either directly or indirectly, and to any parent, affiliate, or subsidiary of Avellino. Depending on the terms of the Informed Consent to which you agreed, your data – in either anonymized or deidentified form – may be transferred to third parties for use in research and development of new technologies and diagnostic procedures. Please refer to the Informed Consent agreement for more details regarding how we anonymize or deidentify your data and how you may rescind any previously granted consent.  

Governing Law; Dispute Resolution

This Notice will be governed by and construed in accordance with the laws of the State of California, USA, without regarding to conflicts of law principles. Any matters that arise that cannot be resolved will be resolved by final and binding arbitration with the American Arbitration Association, through a single arbitrator in Menlo Park, California. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE HEREBY WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.  

Changes to this Notice

We may, in our sole discretion, revise this Notice at any time and from time to time. Your continued use of the testing services following the posting of revisions to this Notice will be deemed your acceptance of such revisions. You acknowledge and agree that it is your responsibility to review this Notice periodically. The date at the bottom of this Notice will be updated for each revision.  

Contacting Us

If you have any questions about this Notice or our testing services, please contact us at: Avellino Lab USA, Inc. 1505 Adams Drive, Suite B2 Menlo Park, CA 94025 privacy@avellino.com