Privacy Policy for Diagnostic Tests

This Privacy Policy for Diagnostic Tests covers the GoToKnow and NowFuture websites, services, and mobile apps that link to this Privacy Policy. Within this Privacy Policy, we refer to these websites, services, and mobile apps as “GoToKnow”.

This Privacy Policy concerns only diagnostic tests offered by GoToKnow™. Please refer to our Privacy Policy for Genetic Tests for our policy concerning consumer genetic testing services.

Applicability & Acceptance of this Privacy Policy
This Privacy Policy governs the manner in which GoToKnow™ (“we”, “our,” “us” and similar terms) collects, uses, maintains and discloses information collected from users (a “User”, as well as “you”, “your” and similar terms) of the mobile applications and websites (the “Apps”) through which we deliver our diagnostic test results to users (the “Services”). THIS PRIVACY POLICY APPLIES TO THE APPS AND SERVICES ONLY, AND NOT TO ANY OF OUR OTHER APPLICATIONS, WEBSITES, OR TO ANY OTHER PRODUCTS OR SERVICES OFFERED BY US.

This Privacy Policy is part of the GoToKnow™ Terms of Service. By using the Apps and the Services, you signify your acceptance of this Privacy Policy and the Terms of Service, which governs in the event of any conflict with this Policy. If you do not agree to this Privacy Policy, please do not use our Apps and Services.

Information That We Collect
We may collect all or any of the following information in the course of providing the Services (collectively, “User Information”):

• "Diagnostic Information” is all of the information associated with the diagnostic test result that is derived from the biological sample that you provide us for analysis in connection with the Services (the “Sample”).
• "Personal Information”, which you provide us when registering for or using the Apps or Services, such as your name, billing and shipping addresses, email address, phone number, date of birth, user ID and password, and payment information.
• "Usage Information”, such as the browser name, the type of computer or device a User is using, technical information about a User’s means of connecting to our Apps, such as the operating system and the Internet or mobile service providers utilized, and other similar information.
• "User-Generated Content”, which includes all information generated by a User and shared with GoToKnow™, either privately or through public forums, on the Apps, such as messages, photos, audio, video, texts, data and other visual or audio content, as well as email addresses of those with whom you share your Diagnostic Information through the Apps.
• "Voluntarily-Provided Information”, which is information voluntarily provided by Users in response to surveys, polls and similar forms through which information may be requested on or through the Apps (other than Personal Information and User-Generated Content). To the extent that any of this information includes information concerning family members, by providing such information to us, you are representing that you are permitted to do so.

We may collect User Information from Users in a variety of ways, including but not limited to when Users visit the Apps, register on the Apps, fill out a survey or other form, purchase our products, subscribe to a newsletter, mailing list or other communication tool, contact us via email, and in connection with other activities, services, features or resources that we make available on our Apps from time to time.

Our Apps may use “cookies” to enhance User experience. A User’s web browser places cookies on their hard drive or device (as applicable) for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert the User when cookies are being sent. If a User does so, some parts of the Apps may not function properly.

How We Use the Information that We Collect

Diagnostic Information. We will not use your Diagnostic Information for any purpose other than to provide the Services, without your prior consent, except as required by law. By default, your Diagnostic Information will not be shared until such time, if any, as you consent to use of it in any other manner, or you choose to share your information with others. Exceptions include sharing Diagnostic Information with (i) prescribing healthcare providers, (ii) healthcare and academic institutions, and employers, to the extent that you or someone on your behalf has consented for us to do so, (iii) governmental bodies as required by law and (iv) for reimbursement billing purposes.

Personal Information. We use Personal Information for purposes of delivering the Services. Other uses include sharing Personal Information with (i) prescribing healthcare providers, (ii) healthcare and academic institutions, and employers, to the extent that you or someone on your behalf has consented for us to do so, (iii) governmental bodies as required by law and (iv) for reimbursement billing purposes. We may also use your Personal Information to send you promotional materials and news from GoToKnow™ and its affiliates and partners, for other communications relating to the Apps and the Services, and for processing transactions related to our diagnostic tests. We will not sell or use your Personal Information for any other reason, except to the extent that you consent for us to do so, and in any event only as provided pursuant to this Privacy Policy. You may unsubscribe to some or all promotional notices at any time, but you may not opt out of receiving certain messages related to the Services, your account, purchases and similar notices.

Usage Information. We use your Usage Information for a variety of purposes, such as to understand how our Users as a group use the Apps, to improve the Apps, to personalize User experience, and to process transactions.

User-Generated Content. We use User-Generated content to more effectively respond to your customer service requests and support needs, to improve customer service, to facilitate online message boards and posts in which Users participate and/or to which they contribute, and for similar purposes.

Voluntarily-Provided Information. We use Voluntarily-Provided Information to send Users information that they agree to receive about topics that may be of interest to them, and to share User information with third parties, including for marketing or other purposes. You may unsubscribe to some or all promotional notices at any time.

Use or Disclosure Required by Law. GoToKnow™ and its affiliates are expressly permitted to use any or all of the User Information to the extent that it is required or compelled to do so by law. GoToKnow™ shall be under no obligation to contest a valid order of a court or other governmental body to disclose User Information. No such use or disclose will be considered a breach of this Privacy Policy.

Sharing of User Information in Connection with Purchases of Third Party Products or Services GoToKnow™ may offer for purchase through the Apps certain products and services provided by third parties (“Third Party Products and Services”). In order for these third parties to provide the Third Party Products and Services that you purchase, GoToKnow™ needs to share with these third parties certain User Information. By purchasing Third Party Products and Services, you consent to GoToKnow™ sharing this information with the third parties providing applicable Third Party Products and Services. The User Information shared with these third parties will be subject to their respective privacy policies. GoToKnow™ encourages these third parties to keep such User Information in confidence and to use it only for purposes of providing the Third Party Products and Services, but we do not guaranty that User Information will be treated in this manner. For more information, please review our Terms and Conditions Related to Third Party Products and Services, found here.

Ability for Users to Share Diagnostic Information with Third Parties

Sharing Diagnostic Information with Third Parties. The Apps offer you the ability to share Diagnostic Information by email, posting to social media and other websites, and by printing the information and sharing a hard copy. As examples, you may choose to share your Diagnostic Information with third parties such as family, friends, doctors, healthcare professionals, other service providers, and other persons, or social networks (collectively, “Third Parties”). You may share your Diagnostic Information at your discretion.

If you desire to share Diagnostic Information with another person by email, we may ask for that person’s email address. We will use the email address to share your Diagnostic Information. By choosing to share information with another person by email, you confirm that the person has given you consent for GoToKnow™ to communicate with him or her. If you share Diagnostic Information with Third Parties via websites, such as social media sites, such sites may collect your IP address and other information, and your use of such sites, including the sharing of your Diagnostic Information on these sites, will be governed by the policies of the sites on which this information is shared.

If you share your Diagnostic Information, or that of a minor, with Third Parties, we will not be able to take measures to ensure that such information is not shared going forward by those Third Parties or persons who have access to sites on which information is shared with Third Parties, or to restrict in any way how it may be used or disclosed. We will not have any liability to you related to or arising out of your decision to share your Diagnostic Information, or that of a minor, with Third Parties.

NEITHER GOTOKNOW NOR ITS AFFILIATES OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR A MINOR ON WHOSE BEHALF YOU AUTHORIZE THE SHARING OF USER INFORMATION, RELATED TO OR ARISING OUT OF THE SHARING OF YOUR, OR A MINOR’S, USER INFORMATION WITH GOTOKNOW OR ANY THIRD PARTIES, OR THE USE OF SUCH USER INFORMATION IN ACCORDANCE WITH THIS POLICY.

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 assumes full responsibility for ensuring that the information that he or she provides to GoToKnow™ or its affiliates about the minor child is kept secure and that the information submitted is accurate. The Apps and 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 Apps or Services and do not send information to GoToKnow™.

How We Protect User Information
We adopt data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of User Information and data stored on our Apps. Commercial transactions occurring on the Apps are processed over a SSL secured communication channel.

User Information may be stored in United States and/or in foreign countries. Ultimately, the requirements of governments other than those of the United States may apply to User Information.

Protected Health Information

What is protected health information?
Protected Health Information (“PHI”) includes your name and date of birth, medical history, laboratory results, insurance information and other health information that we collect, generate, use, and share to produce diagnostic testing results, bill for our testing services, and for other purposes allowed or required by law. Please Refer to our HIPAA Notice of Privacy Practices for how we use and disclose your PHI related to clinical diagnostic tests, and your rights with respect to your PHI.

Third Party Websites
Users may find advertising or other content on our Apps that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Apps. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Apps, is subject to that website’s own terms and policies. With respect to links from the Apps to our other websites (including other GoToKnow™ websites), please refer to the privacy policies on those websites.

Referral Information and Purchases for Others
When you refer a person to GoToKnow™ by email, or purchase the Services for another person, we may ask for that person’s email address. We (either directly or through vendors who administer such programs) will use the email address to make the referral or, as applicable, notify the person of the purchase on their behalf, and we will let the person know that you provided the referral or purchase. By participating in a referral program, or purchasing a test for such person, you confirm that the person has given you consent for GoToKnow™ to communicate with him or her regarding the referral or the purchase, as applicable.

If you use a third-party site, such as Facebook or Twitter, to post a referral, then we may also collect information on that site, such as your profile picture, gender, username, user ID, age, language, country, network or friend lists or lists of followers) depending on your privacy settings on the applicable third-party site.

Use and Retention of Samples
GoToKnow™ contracts with its affiliated laboratories for testing of Samples. GoToKnow™ may also contract with non-affiliate laboratories for testing of Samples. Samples are sent to these laboratories for testing, and test results are then shared with GoToKnow™. Our affiliated laboratories are required to treat Samples in accordance with this Privacy Policy and applicable law. GoToKnow™ will work with non-affiliate laboratories to request that they treat the Samples in a manner that is consistent with this Privacy Policy.
In order to provide certain Services, the laboratories may extract DNA from Samples. DNA may be retained by the laboratory for a number of reasons, such as for re-testing. We reserve the right to direct these laboratories to retain or destroy Samples and/or DNA in our discretion. If you wish to have Samples or DNA (if applicable) destroyed, you may request that we do so by written notice sent to support@nowfuture.com

Notwithstanding the foregoing, you understand and agree that we are entitled to require the laboratory to retain Samples and, if applicable, the DNA extracted therefrom as may be required by law, to enforce this Privacy Policy or any other agreement between you and GoToKnow™, to respond to claims made by Users or other third parties regarding the Apps and the Services, or otherwise to protect the GoToKnow™ rights and properties.

Termination of User Account
If you no longer wish to receive the Services, you may terminate your account by sending a request to support@nowfuture.com. We will remove all of your Diagnostics Information from the Apps within 30 days of our receipt of your request. To the extent provided above, however, any Diagnostic Information or Personal Information will be available for use on an ongoing basis following removal of your Diagnostic Information from the Apps. GoToKnow™ and its affiliates may also retain your Diagnostic Information as required by law or internal data retention policies. We will also retain Personal Information for internal reporting and compliance purposes, and as otherwise required by law.

Transfer of User Information, Samples and DNA in the Event of Acquisition
Your agreement to this Privacy Policy includes your consent to the transfer of your User Information, and Samples (and, if applicable, DNA extracted therefrom) that you submit to us, to any entity that may acquire GoToKnow™ or its assets, either directly or indirectly, and to any affiliate of GoToKnow™.

Third Party Beneficiaries
This Privacy Policy is between us and you, and does not grant any rights to third parties.

Changes to this Privacy Policy
We may, in our sole discretion, revise this Privacy Policy at any time and from time to time. Your continued use of the Apps and Services following the posting of revisions to this Privacy Policy will be deemed your acceptance of such revisions. We encourage Users to frequently check the email account that they use in connection with the Apps, as well as this Privacy Policy, to stay informed about any changes to this Privacy Policy. You acknowledge and agree that it is your responsibility to review that email account and this Privacy Policy periodically. The date at the bottom of this Privacy Policy will be updated for each revision.

Additional Information for California Residents

California residents should consult our CCPA Policy for additional information.

Contacting Us

If you have any questions about this Privacy Policy, the practices of the Apps, or your dealings with the Apps, please use the form or contact us at: support@nowfuture.com

Last Updated: March 21, 2024