Last Modified: June 17, 2020
● Any mobile, web, console, desktop and other applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.
● Via our health consultants and laboratories.
We also may provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your personal information.
This Site is offered and available to users who are 18 years of age or older (except with parental consent). We do not collect or maintain personal information from people we actually know are under 18 years old (except with parental consent). Except with parental consent, if we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. If you are not 18 years of age or older and you do not have parental consent, you must not access or use our Services.
3. What Information Do We Collect?
We collect several types of information from and about users of our Services.
Account and Personal Demographic Information
● Account Information. You must provide certain information in order to receive our Services (“Account Information”). This information may include your name, email address, shipping address, phone number, credit card or other payment information, the password you create, date of birth, survey responses, and biological sex. Your account information also includes records and copies of any correspondence with you and details of any transactions you carry out through Services.
● Self-Reported Information. Ginkgo or our Partners may ask you to provide data about yourself (your “Self-Reported Information”), including demographic data such as personal and family medical history, age, physical features such as eye color, behavioral information such as exercise habits, or self-declared ethnicity.
Biological Information. You may provide us with biological sample(s) when using our Partner’s sample collection kit to allow us to perform COVID-19 testing (“Test”) (“Biological Information”). In connection with such of our Services, we and/or one of our Partners collects, processes, and stores the biological sample(s) you provide.
Computer, Device and Browsing Information. As you interact with our Services (including our website or our Partners’ websites), we, and/or our Partners, may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and usage patterns. This data may include details like these:
● Details of your visits to our Services and/or our Partners, which could include:
o the resources that you access and use on these Services;
o the external sites that referred you to our Services; and
o the external sites that you visited just after visiting our Services.
● Information about your computer or device and internet connection, which could include:
o your IP address or other device ID;
o your operating system; and
o your browser or device type.
The information collected helps us, and/or our Partners to improve our Services. It also helps us to deliver better and more personalized features to you by enabling us, and/or our partners to recognize you when you return to our, and/or our Partners’ Services, by storing information about your preferences and customizing Services according to your individual interests, and by administering a survey or other feature of Services. It also helps us, and/or our Partners to provide targeted advertising, estimate our audience size and usage patterns, and monitor the success of our marketing activities.
4. How Do We Use Your Information?
To provide and improve our Services. Your information is primarily used to present and provide Services to you.
This includes the following:
● providing you appropriate search results and personalized content;
● verifying your identity;
● recognizing you when you return to Services;
● notifying you about updates or changes to Services or any services offered or provided through it; and
● providing you with information or services that you otherwise have requested.
To improve our Services or to develop new products and services, your information may be used as follows:
● to track your usage of Services;
● to administer a survey;
● to perform quality control and quality improvement activities;
● to conduct data analysis about audience size and usage trends;
● to conduct marketing campaigns and targeted online advertising; and
● to monitor the success of marketing activities.
With your consent for the Services. With your consent, as described in our Informed Consent we, and/or our partners do the following:
● collect and send your sample for processing at a CLIA-certified and/or CAP-accredited laboratory;
● analyze your biological sample(s);
● store any sample and extracted material that are left over after analysis at a CLIA-certified and/or CAP-accredited laboratory; and
● share your relevant information with a Partner(s) in order to provide the Services.
In the following two subsections, we describe how your Biological Information and Self-Reported Information in particular, is used:
Your Biological Information may be combined with that of other users as “aggregated data set/s.” Aggregated data set/s does not include any data that would reasonably permit someone to identify you individually.
Self-Reported Information. Your Self-Reported Information may be combined with your Biological Information to improve interpretations of your Biological Information, including future products developed through Ginkgo and/or our Partners. Some products and/or services may require this information for purposes of interpreting your Biological Information, but it is up to you whether to utilize these services and provide this information. If you do not provide this information, you may not be able to use certain services. If you provide Self-Reported Information to us, we may share this information with certain partners with your permission to facilitate their products and related services.
5. When Do We Share Your Information?
We will share your Biological Information and relevant Account Information and Self-Reported Information with our Partners only after you have authorized us to do so in connection with providing the Services. When you access a Ginkgo product or one of our Partner’s products that includes a companion kit, we will share the needed information with the Partner so that the Partner can fulfill your order. We enter into a written agreement with each Partner that requires the Partner to do the following:
● maintain the confidentiality and security of the Biological Information, Account Information, and Self-Reported Information shared with them; and
● use the Biological Information, Account Information, and Self-Reported Information only for the specific purposes that you have authorized.
We may disclose Account Information, Self-Reported Information, and information about your usage of our Services other than your Biological Information only in the following circumstances:
● To contractors, service providers, and other third party vendors we use to support our business (such as for payment processing and the sample collection kit shipment), and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Ginkgo, our users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may also disclose your personal information, including your Biological Information:
● To comply with law, a valid court order, a judicial proceeding, subpoenas, warrants, bankruptcy proceedings, or in connection with any legal process, provided that we will not disclose your Biological Information without a valid subpoena or search warrant specific to your Biological Information. If we are required to disclose your information, we will do our best to provide you with notice in advance, unless we are prohibited by law from doing so.
We may publicly share descriptive statistics about aggregated data set/s, de-identified and aggregated Self-Reported Information, and usage of our, and/or Partners’ Services.
In case of your death or incapacitation, we may provide access to your account with us, including test results therein, to your verified executor or legally authorized representative. If you are seeking such access, you may contact us and/or the Partner you accessed the Services through.
Other than as described above, we will never provide your information to anyone for any purpose under any circumstances.
7. What Choices Do You Have About How We Use and Share Your Information?
We strive to provide you with choices about the information you provide to us and our Partners. We have the following mechanisms to give you the following controls over your information:
Advertising Networks. We work with advertising service providers that collect non-personally identifying information from you when you visit the Site and other websites, in order to show ads for our Services that we think may be of interest to you after you visit our Services. If you do not wish to receive our personalized ads, you can visit the opt-out pages of the Network Advertising Initiative (https://www.networkadvertising.org) or the Digital Advertising Alliance (http://www.aboutads.info) to learn about how to opt out of receiving personalized ads from their member companies.
Google Analytics We may work with Google Analytics to better understand our audience and users, to improve our marketing campaigns, and to enhance our services. You can learn more about Google Analytics’ privacy choices or opt out at any time.
If we have sent you a promotional email or other informational email not related to your order or account, the email will have an “unsubscribe” feature that will allow you to opt-out of receiving future email distributions. We will not use your Biological Information to promote our Services or those of our Partners.
8. How Do You Access, Correct, or Remove Your Information?
In General. You may contact us to request access to, correct, or remove any personal information that you have provided to us and/or our Partners. We may not accommodate a request to change information if we believe the change would violate any law or legal obligation or requirement or cause the information to be incorrect. Information that has already been de-identified and/or aggregated (including aggregated data set/s) may not be retrievable or traced back for correction or removal from any database.
Account Closure. You may also close your account with us (“Account”) by contacting us or through your account settings. After closure of your account, you will not be able to access any Services from us without creating a new account.
After you close your Account, we retain some Account Information in your account related to your Service history. This enables us to provide ongoing support regarding your prior Services, and is also necessary for accounting, audit, and compliance purposes. We may also retain backup copies and archival files of your information to satisfy our state and federal legal obligations or regulatory requirements, including those set by the College of American Pathology (CAP) and/or Clinical Laboratory Improvement Amendments (CLIA). However, we will not share your information with any Partner or third party, except for information that has already been shared with your consent.
9. How Do We Keep Your Information Secure?
We limit access to your information to our employees and contractors who we believe need access to it to provide Services to you or to do their jobs. In addition, we put in place industry standard physical, technical, and procedural safeguards designed to secure your Account Information, Self-Reported Information, Biological Information, and any other personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
10. California Residents
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.
We generally collect the following categories of Personal Information about you when you use our Site or services:
● identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
● protected classifications, such as gender;
● commercial information such as records of products or services purchased, obtained, or considered by you;
● health information;
● Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
● your geolocation, to the extent you have configured your device to permit us to collect such information
● audio recordings of your voice to the extent you call us, as permitted under applicable law;
● inferences about your preferences, characteristics, behavior and attitudes.
The categories of third parties with whom we may share your Personal Information are listed in Section 5 above.
If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.
● Right Against Discrimination - You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
● Right to Know - You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
● Right to Delete - You have the right to request us to delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.
To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Information” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
In addition, California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable). To make such a request, please send an email to us (see Contact Information below).
11. Questions or Comments