PRIVACY NOTICE

Last Updated: March 26, 2024

This Privacy Notice describes how Gateway Genomics, LLC (“Gateway”, “we”, “our”) uses and discloses your personal information when you use the Gateway services branded as SneakPeek®, including DNA-based prenatal and pediatric tests, the SneakPeekTest.com website, or any other of our websites, applications, products, services, social media accounts, and interactive features (which are collectively referred to here as “Services”) that link to this Privacy Notice. Additional information about our privacy practices in the European Union and European Economic Area can be found here.

This Privacy Notice does not apply to any Services that link to a different privacy notice, such as Myriad.com or GeneSight.com, which are maintained by Gateway’s parent company, Myriad Genetics, Inc. (“Myriad”).

This Privacy Notice also does not apply to your Protected Health Information (“PHI”) that is governed by HIPAA, collected by Myriad. For information about how your PHI is used and disclosed, legal duties with respect to your PHI and your rights with respect to your PHI and how to exercise them, please refer to Myriad’s HIPAA Notice of Privacy Practices. In connection with HIPAA covered services, in the event of a conflict between this Privacy Notice and our HIPAA Notice of Privacy Practices, our HIPAA Notice of Privacy Practices will prevail.

Navigate to sections within this Privacy Notice using the below links:

PERSONAL INFORMATION WE COLLECT
OUR USE OF PERSONAL INFORMATION
OUR DISCLOSURE OF PERSONAL INFORMATION
CHOICE AND CONTROL OF PERSONAL INFORMATION
CALIFORNIA PRIVACY RIGHTS
WASHINGTON CONSUMER HEALTH DATA PRIVACY RIGHTS
RETENTION OF PERSONAL INFORMATION
SECURITY OF PERSONAL INFORMATION
CHANGES TO THIS PRIVACY NOTICE
HOW TO CONTACT US

PERSONAL INFORMATION WE COLLECT

The personal information we collect depends on how you interact with us, the Services you use, the choices you make, and the methods we use for information collection, which include collecting information directly from you, collecting information automatically, and collecting information from third parties.

Information you provide directly. We collect personal information you provide to us, which can include:

  • Name and contact information. We collect name and contact details such as email address, postal address, and phone number.
  • Demographic data. In some cases, such as when you register a kit or participate in surveys, we request that you provide age, gender, date of birth and similar demographic details.
  • Payment information. If you make a purchase or other financial transaction, our third-party payment processing service providers collect credit card numbers, financial account information, and other payment details. They may collect this data directly from you, or from your financial institution, or a third-party service.
  • Provider information. If you register with us as a health care provider, we collect your practice affiliation, company or employer organization, medical specialty, National Provider Identifier, and other professional or employment information.
  • Professional information. If you register with us as an influencer, we may collect your business information and business contact information.
  • User generated content and files. We collect audio and video recordings, photos, documents, website search field queries, or other files you provide to or enter in our Services.
  • Content of SneakPeek and/or Myriad communications. We collect recordings or transcripts of audio and video communications you have with us, as well as the contents of your communications with us via our Services, such as through our website, forms, applications, surveys, chat features, and other channels.
  • Sensitive Personal Information. Some types of personal information, such as health, genetic or precise location information is considered “sensitive”. Our Services may collect the following categories of sensitive personal information:
    • Contents of SneakPeek and/or Myriad communications. We collect the contents of your mail, messages, and email which may contain health or genetic data.
    • Health data. We collect and analyze information concerning your health, including your pregnancy, fertility health history, and family planning information.
    • Genetic data. When you purchase a test through the Services, we collect and analyze data about your DNA to generate the results of our prenatal and pediatric testing.

Information we collect automatically. When you use our Services, we collect some information automatically. For example:

  • Identifiers and device information. When you visit or interact with our Services, our web servers automatically log your Internet Protocol (“IP”) address and information about your device, including device identifiers (such as MAC address); device type; and your device’s operating system, browser, and other software including type, version, language, settings, and configuration. As further described in the Cookie Notice, our Services store and retrieve cookie identifiers, mobile IDs, and other data.
  • Geolocation data. Depending on your device and settings, we collect geolocation data when you use our online Services, including directing you to the appropriate webpage and content based on your location.
  • Internet and network activity. We collect browsing history and information regarding your interaction with our Services, and digital advertisements on other websites. We also use tools on certain pages of our Services to record and analyze your interaction with our Services to help us improve your experience.
  • Usage data. We automatically log your activity on our Services and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our Services.

Information we obtain from third-party sources. We also obtain the types of information described above from third parties. These third-party sources include, for example:

  • Third-party partners. Third-party applications and services, including retail partners and social network accounts you choose to connect with or interact with in conjunction with our Services.
  • Co-branding/marketing partners. Partners with which we offer co-branded Services or engage in joint marketing activities.
  • Service providers. Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device’s location based on its IP address.
  • Data brokers. Data brokers and aggregators from which we obtain data to supplement the data we collect.
  • Publicly available sources. Public sources of information such as your social media account.

Information we create or generate. We may generate new information or make inferences from other data we collect, including about your likely preferences, demographic categories, or other characteristics. For example, we infer the fetal sex of your baby from the raw DNA material we generate through our tests and your general geographic location (such as city, state, and country) based on your IP address.

When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain Services or features, those Services or features may not work as intended. Please see our Cookie Notice for more information.

OUR USE OF PERSONAL INFORMATION

We use the following categories of personal information for the purposes described below:

Categories of Personal Information Purposes of Use
Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Product and service delivery. To provide and deliver our Services, including troubleshooting, improving, and personalizing those Services.
Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Business operations. To operate our business, such as billing, accounting, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, and meeting our legal obligations.
Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Product improvement, development, and research. To develop new services or features, and conduct research (which may include recording and analyzing your interaction with certain pages of our website to help us improve your user experience).
Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Personalization. To understand you and your preferences to enhance your experience and enjoyment using our Services.
Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Customer support. To provide customer support and respond to your questions (which may include our recording and storing telephone, video, email, or online chat communications).
Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, gender analysis reports, and support and administrative messages.
Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the Choice and Control of Personal Information section of this Privacy Notice for information about how to change your preferences for promotional communications).
Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Advertising. To display advertising to you, including targeted advertising (see our Cookie Notice, Your Privacy Choices, or the Choice and Control of Personal Information section below for more information).

We combine data we collect from different sources for the above purposes and to give you a more seamless, consistent, and personalized experience.

OUR DISCLOSURE OF PERSONAL INFORMATION

We disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the categories of personal information described above, to the types of third parties described below, for the following business purposes:

  • Service providers. We provide personal information to vendors or agents working on our behalf for the purposes described in this Privacy Notice. For example, companies we’ve hired to provide customer service support or assist in protecting and securing our systems and Services may need access to personal information to provide those functions.
  • Financial services & payment processing. When you provide payment data, for example to make a purchase, our third-party payment processing service providers will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
  • Affiliates. We enable access to personal information across our parent company, affiliates, and related companies such as Myriad Genetics, Inc. and Myriad Women’s Health, Inc., where we share common data systems, such as for marketing and promotions, or where access helps us to provide our Services and operate our business.
  • Corporate transactions. We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
  • Legal and law enforcement. We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies.
  • Security, safety, and protecting rights. We will disclose personal information if we believe it is necessary to:
    • protect our customers and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone;
    • operate and maintain the security of our Services, including to prevent or stop an attack on our computer systems or networks; or
    • protect the rights or property of ourselves or others, including enforcing our agreements, terms, and policies.

Please note that some of our Services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or allow us to share personal information with them, that data is governed by their privacy notices.

Finally, we may disclose de-identified information in accordance with applicable law. Where we do so, we will take reasonable measures to maintain and use the information in deidentified form and not reidentify the information except as permitted by applicable law.

CHOICE AND CONTROL OF PERSONAL INFORMATION

We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that data. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law.

Access, portability, correction, and deletion. If you wish to access, download, correct, or delete personal information about you that we hold, you can send us a request by using contact methods described at the bottom of this Privacy Notice.

Communications preferences. You can choose whether to receive promotional communications from us by email or SMS. If you receive promotional email or SMS messages from us and would like to stop, you can do so by following the directions in that message you receive. These choices do not apply to informational communications including some surveys and mandatory service communications.

Data sales or sharing. Some privacy laws define “sale” or “sharing” broadly to include some of the disclosures described in the Our Disclosure of Personal Information section above. To opt-out from such data “sales” or “sharing” please utilize the controls described in Your Privacy Choices. You can also send us a request by using the contact methods described at the bottom of this Privacy Notice, and we can walk you through the use of our Cookie Manager and Consent Tools, as described in Your Privacy Choices.

Targeted advertising. To opt-out from or otherwise control targeted advertising, you have several options. Please review our Cookie Notice and Your Privacy Choices to learn more about your targeted advertising choices.

If you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further, we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal to our privacy office using the contact methods described at the bottom of this Privacy Notice.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain additional rights with respect to that information.

Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Notice by clicking on the above links.

Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, sharing, or sale of such personal information. Note that we have provided much of this information in this Privacy Notice. You may make such a “request to know” by sending us a request using the contact methods described at the bottom of this Privacy Notice.

Rights to Request Correction or Deletion. You also have a right to request that we correct inaccurate personal information and delete it under certain circumstances, subject to some exceptions. To make a request to correct or delete, send us a request by using the contact methods described at the bottom of this Privacy Notice.

Right to Opt-Out / “Do Not Sell or Share My Personal Information”. You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.

Note that the CCPA defines “sell,” “share,” and “personal information” very broadly, and some of our data sharing described in this Privacy Notice may be considered a “sale” or “sharing” under those definitions. In particular, we let advertising and analytics providers collect identifiers (IP addresses, cookie IDs, and mobile IDs), activity data (browsing, clicks, app usage), device data, and geolocation data through our Services, but do not “sell” or “share” any other types of personal information. Please see the table below for more details about disclosures of categories of personal information in the last year.

Disclosure Categories of Personal Information
Categories of personal information about California residents “sold” or “shared” in the preceding 12 months Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data
Categories of personal information disclosed for a business purpose in the preceding 12 months Contact information, demographic data, payment information, provider information, professional information, user generated content, content of SneakPeek communications, device information, geolocation data, internet activity, usage data, inferences
Sensitive Information: content of SneakPeek communications, health data, genetic data

If you do not wish for us or our partners to “sell” or “share” personal information relating to your interactions with our Services for targeted advertising purposes, you can make your request by using the controls described in our Your Privacy Choices and our Cookie Notice. You may also email us for assistance using the contact methods described at the bottom of this Privacy Notice. If you opt-out using these choices, we will not share or make available such personal information in ways that are considered a “sale” or “sharing” under the CCPA through tracking technology. However, we will continue to make available to our partners (acting as our service providers) some personal information to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously “sold” or “shared” personal information or stop all interest-based advertising.

Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. To do so, send us a request by using the contact methods described at the bottom of this Privacy Notice.

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your identity.

Finally, you have a right to not be discriminated against for exercising these rights set out in the CCPA.

Additionally, under California Civil Code Section 1798.83, also known as the “Shine the Light” law, California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, information about the personal information we shared, if any, with other businesses for their own direct marketing uses during the prior year. California residents may request further information about our compliance with this law by using the contact methods at the bottom of this Privacy Notice.

WASHINGTON CONSUMER HEALTH DATA PRIVACY RIGHTS

If the processing of personal information about you is considered consumer health information subject to the Washington My Health My Data Act (“MHMDA”), you have certain additional rights with respect to that information. MHMDA protects consumer health data that is not protected under HIPAA. This section of the Privacy Notice applies to personal information defined as “consumer health data” subject to MHMDA.

Consumer Health Data We Collect

As described in the Personal Information We Collect section of this Privacy Notice, the data we collect depends on how you interact with us, the Services you use, and the choices you make. Because consumer health data is defined very broadly, many of the categories of data we collect are or could be considered consumer health data. Consumer health data can include:

  • information about your pregnancy status, diagnoses, testing, or treatments. We may collect such information through surveys or other communication with you for research studies and improving product quality and accessibility.
  • measurements of bodily functions, vital signs, or characteristics, including photographs, which may also be considered biometric information.
  • information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we collect your SneekPeakTest.com queries, which may include queries concerning genetics, wellness, medical conditions, or other health-related topics.
  • other information that may be used to infer or derive data related to the above or other health information.

Sources of Consumer Health Data

As described further in the Personal Information We Collect section of this Privacy Notice we collect personal information (which may include consumer health data) directly from you, from your interactions with our Services, from third parties, and from publicly available sources.

Why We Collect and Use Consumer Health Data

We collect and use consumer health data for the purposes described in the Our Use of Personal Information section of the Privacy Notice. Primarily, we collect and use consumer health data as reasonably necessary to provide you with the products you have requested or authorized. This may include delivering and operating the Services and their features, personalization of certain product features, ensuring the secure and reliable operation of the Services and the systems that support them, troubleshooting and improving the Services, and other essential business operations that support the provision of the products (such as analyzing our performance, meeting our legal obligations, developing our workforce, and conducting research and development).

We may use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law – for example, for advertising or marketing purposes. See the Choice and Control of Personal Information section of this Privacy Notice and Your Privacy Choices or the Cookie Notice for more details on the controls and choices you may have.

Our Sharing of Consumer Health Data

We may share each of the categories of consumer health data described above for the purposes described in the Our Disclosure of Personal Information section of this Privacy Notice. In particular, we may share personal information, including consumer health data, with your consent or as reasonably necessary to complete any transaction or provide any product you have requested or authorized, as described in the previous section above.

Third Parties With Which We Share Consumer Health Data

As necessary for the purposes described above, we share consumer health data with the following categories of third parties:

  • Service providers. Vendors or agents (“processors”) working on our behalf may access consumer health data for the purposes described above. For example, companies we’ve hired to provide customer service support or assist in protecting and securing our systems and services may need access to data to provide those functions.
  • Business partners. We may share consumer health data with other companies, for example, where you use a service that is cobranded and jointly operated with another company, or where you use our services in conjunction with another company.
  • Financial institutions & payment processors. If you make a purchase or other financial transaction, our third-party payment processing service providers collect credit card numbers, financial account information, and other payment details on our behalf. They may disclosure this data to another financial institution or a third-party service.
  • Parties to a corporate transaction. We may disclose consumer health data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
  • Affiliates. We enable access to data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems, such as marketing and communications systems, or where access helps us to provide our Services and operate our business. Our affiliated companies include Myriad Genetics, Inc., Myriad Genetics Laboratories, Inc., Myriad Women’s Health, Inc., and Assurex Health, Inc.
  • Government agencies. We will disclose consumer health data to law enforcement or other government agencies when we believe doing so is necessary to comply with applicable law or respond to valid legal process.
  • Other third parties. In certain circumstances, it may be necessary to provide data to other third parties, for example, to comply with the law or to protect our rights or those of our customers.
  • Other users and individuals. If you use our services to interact with other users of the service or other recipients of communications, such as a provider, we will share data, including consumer health data, as directed by you and your interactions.

How to Exercise Your Rights

MHMDA, if applicable, provides certain rights with respect to consumer health data, including rights to access, delete, or withdraw consent relating to such data, subject to certain exceptions. You can request to exercise such rights using the various tools and mechanisms described in the Choice and Control of Personal Information section of this Privacy Notice or by using the contact methods at the bottom of this Privacy Notice.

If your request to exercise a right under the MHMDA is denied, you may appeal that decision by contacting our Privacy Office using the contact methods at the bottom of this Privacy Notice. You can raise a concern or lodge a complaint with the Washington Attorney General at https://www.atg.wa.gov/file-complaint.

RETENTION OF PERSONAL INFORMATION

We retain personal information for as long as necessary to provide the Services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.

SECURITY OF PERSONAL INFORMATION

We take reasonable and appropriate steps to help protect personal information collected in connection with our Services from unauthorized access, use, disclosure, alteration, and destruction. Please be aware that despite our efforts, no security system is foolproof; we cannot guarantee the security of information.

To help us protect personal information, we request that you use a strong password and never share your password with anyone or use the same password with other sites or accounts.

CHANGES TO THIS PRIVACY NOTICE

We will update this Privacy Notice on an ongoing basis for a variety of purposes, including when necessary to reflect changes in our Services, how we use personal information, or the applicable law. When we post changes to the Privacy Notice, we will revise the “Last Updated” date at the top of the Notice. If we make material changes to the notice, we will provide notice or obtain consent regarding such changes as may be required by law.

HOW TO CONTACT US

If you have a privacy concern, complaint, or a question for Gateway, please contact the Myriad Privacy Office at [email protected] or (866) 485-1599. You may also write to us at:

Attn: Privacy Office
Myriad Genetics, Inc.
322 North 2200 West
Salt Lake City, UT 84116

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