AGENEK PRIVACY POLICY
Version: 1
Effective Date: August 08, 2024
Agenek Inc. (“Agenek”, “we”, “us”), provides a website that allows customers to purchase Agenek sample collection kits (“Kit” or “Kits”) to collect a facial skin sample (“Sample” or “Samples”) and send it back to Agenek for testing and analysis. This Privacy Policy (“Privacy Policy”) applies to Agenek’s products, testing services, website, features, content, and analysis of samples (collectively called “Services”). The Privacy Policy helps you (“you” or “customer”) understand how we collect, use, store, process, and share your information.
You agree, accept, and consent to all terms and policies in this document when you use our Services. If you do not agree with this Privacy Policy, you must discontinue the use of the Service.
Introduction
Agenek is a company that offers customized skincare solutions through services that include the collection and analysis of skin cell samples to study gene expression. Our services provide access to Agenek’s website and testing services, including the collection and transcriptomic analysis of facial skin cell samples.
Agenek provides customers with a sample collection kit, which they use to collect a facial skin sample and send it back to Agenek for testing and analysis. The Kit, known as SkinTrack™, evaluates specific genes to give customers insights into their skin. The Samples received are analyzed for gene expression, producing sample data (“Sample Data”) and test data (“Test Data”). This data, combined with customer-provided information, is processed using Agenek’s proprietary technology to generate personalized test results (“Test Results”). These results help identify molecular features associated with certain skin conditions and provide personalized skincare recommendations through Agenek’s customized report.
Customers are required to create an account on Agenek’s website (“Agenek Account” or “Account”) and complete an initial questionnaire to initiate the Sample testing process and access the results and recommendations provided by Agenek.
You agree and consent to use collecting, storing, and using your personal information as part of the Service provided to you.
THIS PRIVACY POLICY DESCRIBES HOW INFORMATION ABOUT YOU MAY BE COLLECTED, USED, STORED, MAINTAINED, SHARED, DISCLOSED, PROTECTED, AND ABLE TO ACCESS THIS INFORMATION. THIS PRIVACY POLICY FURTHER DESCRIBES OUR POLICIES ON OUR CUSTOMERS’ PERSONAL INFORMATION, PERSONAL DATA, PERSONALLY IDENTIFIABLE INFORMATION, SELF-REPORTED INFORMATION, PROTECTED HEALTH INFORMATION, AND SENSITIVE INFORMATION.
1. Acceptance of Privacy Policy
By using our Services, you agree and consent to our Terms of Service (“Terms”) and Privacy Policy. You acknowledge that Agenek has the right to change or modify these Terms and Privacy Policy at any time at its sole discretion. Such changes will be effective immediately. By continuing using the Service, you accept any changes to the Terms and the Privacy Policy.
2. Information We Collect
Agenek may collect the following information.
2.1. Personally Identifiable Information or Personal Data that can be used to identify you (e.g., first and last name, date of birth, residential address, credit card number, e-mail, genetic data, telephone number, etc.). This information may be collected when you create an account with Agenek (“Account”) or when you use or purchase any of our Services.
2.2. Sensitive information that you provide to us (eg. confidential medical information, racial or ethnic origins, sex, etc.).
2.3. Self Reported Information that you provide us through questionnaires or surveys.
2.4. Biological Samples that you collect using our Kits, such as the skin cell sample which will be used for gene expression analysis (eg. skin cells are lysed, RNA is extracted, reverse transcribed to complementary DNA, and analyzed by quantitative Polymerase Chain Reaction).
2.5. Sample Data and Test Data that is created by Agenek using the Samples you provide us to generate results and personalized recommendations. This includes analysis of RNA expression.
2.6. De-identified Information that removes personal identifiers by assigning a unique code to your Sample or data. Your Sample Data and Test Data are used with your Personal Information to deliver the Service to you when necessary.
2.7. Web Information that you provide when using Agenek website (e.g. browser type, domains, page views, cookies, pixel tags, local storage, web beacons, Google analytics, etc.).
2.7.1. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
2.7.2. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
2.7.3. Google analytics is a service that provides information about user web behaviour and navigation. For more information about Google’s privacy policy, please visit Google Analytics’ Privacy Policy: https://www.google.com/policies/privacy/.
3. How We Use your Information
Agenek will use your information for a variety of purposes, as described below and elsewhere in the Privacy Policy.
3.1. Provide Our Services to fulfill our contract with you by using your information. The services include managing your information and accounts, providing access to certain areas, functionalities, and features of our Services, answering requests for customer or technical support, and processing your financial information and other payment methods for products or Services purchased.
3.2. Improve Service and Analysis Methods which will enhance the data processing to provide you with better and more accurate results.
3.3. Surveys and Reviews that you voluntarily provide to us to improve our Services.
3.4. Marketing and Advertising our Services which you consent to receiving. This may include promotions, advertisements of new Services, contests, and other notifications about our Services.
4. How We Disclose Your Information
Agenek may disclose your information to third parties to provide our Service, to protect us, or in the event of a merger, sale, or asset transfer, as described below.
4.1. To Provide our Services, we may share your personal information with third-party service providers, business partners, and company affiliates to help us deliver our Services, including IT support, hosting, lab services, payment processing, logistic operators, and related services. Additionally, your information may be shared through third-party Application Program Interfaces (“APIs”) that are integrated into our Services.
4.2. To Protect Us or Others, we may disclose your personal information to law enforcement, regulatory authorities, or other external parties if required by law, such as in response to subpoenas, court orders, or government inquiries. This may also occur if we believe in good faith that such actions are necessary to comply with legal or regulatory obligations, enforce our policies, respond to claims, collect amounts owed to us, enforce Terms of Service, protect the rights, property, or safety of Agenek, its employees, customers, or the public, or assist with investigations or prosecutions of illegal activity.
4.3. In the Event of Merger, Sale, or Asset Transfers, we may disclose your information if as part of such a transaction, as permitted by law and/or contracts. In addition, your information may be disclosed if we are involved in acquisition, financing due diligence, reorganization, bankruptcy, and purchase or sale of all or a portion of assets.
5. Security of Your Information
We prioritize the security of your information and take measures to protect it in accordance with this Privacy Policy. However, no system is completely secure, and we cannot guarantee the absolute protection of the information you provide. We have implemented safeguards to protect your personal information and require our third-party service providers and partners to do the same. All connections to the Agenek website are encrypted using Secure Socket Layer (“SSL”) technology. To the fullest extent allowed by law, we disclaim liability for any unauthorized disclosures.
By using our Services or sharing personal information with us, you consent to receiving electronic communications from us about security, privacy, and administrative matters related to your use of our Services. If a security breach occurs, we may notify you electronically through our Services via email.
6. Retention of Personal Information
By allowing us to extract the molecular level information from your Samples as part of our Service, you agree to have Agenek access, analyze, and store your information. We may store your personal information that we collect as described in this Privacy Policy for at least ten (10) years. However, we may store the de-identified data for a longer period of time, as permitted by law.
In the event that you close your Agenek Account, your personal information will be deleted. We may store de-identified data for as long as permitted by law. To close your Account, please contact us via email.
7. California Residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa
Subject to the following limitations, you may request access to the personal information collected about you. It should be limited to your Personal Information only, it should be collected in the 12-month period preceding the date of your request; and its access is limited to no more than twice in a 12-month period. To request this access, contact us via email.
8. Nevada Residents
If you are a Nevada resident, for more information about your rights under Nevada Privacy Law (“NPL”) or how we handle and share your personal information, contact us via email.
9. Privacy Rights
To request access to, correct, or delete personal information that you have provided us, please send us an email. When you make a request, we may verify your identity and your residency status. We will process your request in accordance with the applicable data protection laws.
10. Contact
If you have any questions about this Privacy Policy, or to exercise your rights as described in this Privacy Policy, please contact us by email at info@agenek.com.