April 4th, 2018Last Updated
Information DNAnexus May Collect From You
Our primary goals in collecting information are to provide genomic information management and analysis services to you, to improve our Site, features, content, and to run our business.
Genomic Information That You Voluntarily Provide
DNAnexus collects and stores the genomic sequence data (DNA, RNA, etc), derived from humans or other organisms, that you submit to the Site along with metadata and other information related to such sequence data. You agree to and accept full responsibility for obtaining all necessary permissions and informed consents from the donors of all samples from which your submitted sequence data is derived.
HIPAA, Protected Health Information, and the Clinical Compliance Features
DNAnexus is not a Covered Entity as that term is defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and its related regulations (collectively, "HIPAA"). On occasion, DNAnexus may agree in writing with a user to perform services for the user in the capacity of a Business Associate under HIPAA. We offer a separate HIPAA Business Associate Privacy Agreement ("BA Privacy Agreement") for HIPAA-regulated users, and we recommend that such users enter into a BA Privacy Agreement with DNAnexus prior to uploading, storing, or otherwise transferring "protected health information" as defined in HIPAA ("PHI") using the Site.
DNAnexus offers clinical compliance features as part of its service ("Compliance Features") for users who wish to upload, store, or otherwise transfer PHI, as well as users who are using the Site in connection with their clinical operations. Users who desire to upload, store, or otherwise transfer PHI using the Site must implement all of the required Clinical Features. The uploading, storing, or transferring of PHI using the Site by users that have not implemented the Clinical Features is strictly prohibited. You agree that, unless you have implemented the Clinical Features, you will not upload, store, or otherwise transfer PHI using the Site. You acknowledge that this may require you, in some instances, to anonymize sequence data prior to uploading it to the Site. You further agree to indemnify and hold harmless DNAnexus of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to your uploading, storing, or transferring of PHI without having fully implemented the Clinical Features.
User Account Information/Personally Identifiable Information
When you register with us through the Site and during your use of the Site, we will ask you for personally-identifiable information, which is information about you that can be used to contact or identify you ("Personal Information"), such as: your name, company or organization name, title, e-mail address, postal address, telephone numbers, and, if you sign up for a paid account, and billing information. If you contact us, we may also keep a record of that correspondence or communication, including any Personal Information it contains.
Cookies and Tracking Pixels
User Software and Reference Data
Security of Your Information
Our Site uses Secure Socket Layer (SSL) encryption to protect sequence data that users upload to the Site over the Internet. However, no data transmission over the Internet or data storage system can be 100% secure. As a result, while we strive to protect your information, we cannot guarantee the security of information you transmit to us, we transmit to you, or that we store on your behalf. If at any time you believe that your interaction with the Site or information is no longer secure, please inform us immediately.
Further, if you register and create a profile on the Site, your profile, Personal Information, and sequence data submitted by you to the Site will be password- protected. You agree that you will be responsible for all actions taken under an authenticated login. Accordingly, we recommend that you select a strong password and do not divulge that password to anyone. Also, be certain to sign out of your DNAnexus account and close your browser window when you have finished using the Site to prevent others from accessing your information and data.
Please note that while the Site includes a service for storing your sequence data, which is backed up, we cannot guarantee that such sequence data will be secure, reliable, or available. Accordingly, DNAnexus will not be responsible for any loss or corruption of data, or any other harm that results from your access to or use of the Site despite the security features of our service described in this policy and elsewhere on the DNAnexus Site.
How Your Information May be Used
We may use your Personal Information to improve our products and services, to ensure contact information is up to date and accurate, to improve our customer service, to reduce risk and prevent fraud, to provide you with a personalized experience on our Site and to communicate with you regarding new service features and related products and services provided by our partners, events, and other information and notices we believe you may find interesting or useful. We will not sell or provide your information to third parties for their own direct marketing purposes.
We use the automatic usage and other non-Personal Information collected to maintain, secure, and improve our Site, and to understand your interests when visiting our Site. We may generate statistical information regarding our user-base and use it to analyze our Site or business.
With Whom May DNAnexus Share Your Information?
We store the software and sequence data you submit and your account, profile, and member information (including Personal Information) on "cloud" servers owned and operated by third party providers. Our current providers are Microsoft Azure and Amazon Web Services (AWS). Our Site is designed to encrypt all stored sequence data using encryption algorithms such as AES-256. For information about Microsoft Azure and Amazon Web Service's privacy protection and data security practices, please visit https://azure.microsoft.com/en-us/services/security-center and http://aws.amazon.com/security.
We may rely on various third-party service providers and contractors to provide services that support the Site and our operations, including, without limitation, maintenance of our databases, distribution of emails and newsletters on our behalf, data analysis, payment processing and other services of an administrative nature. Such third-parties may have access to your Personal Information for the purpose of performing the service for which they have been engaged.
Compliance with Laws and Law Enforcement
DNAnexus cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and other user information when we, in our sole discretion, have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may (either intentionally or unintentionally) be causing injury to or interference with our rights or property, users of our Site, or anyone else who could be harmed by such activities. We may also disclose user information when we believe, in our sole discretion, that such disclosure is required by applicable law. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
We reserve the right to transfer any and all information that we collect from Site users, including Personal Information, to a third-party in the event of any corporate reorganization, merger, sale, joint venture, assignment, transfers, or other disposition of all or any portion of DNAnexus' business, assets, or stock.
European Union Transfer
In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the EU-US or Swiss Privacy Shield, DNAnexus is potentially liable.
Information You Share With Other Users; Forums
Our Site allows you to share the sequence data, reference genomes, and other information you submit to the Site with other users of the Site and third parties who are not users of the Site. DNAnexus is not responsible for such other users' and third parties' use of your sequence data, reference genomes or other information. You understand and acknowledge that, if you choose to share the sequence data, reference genomes, or other information you submit to the Site with other users of the Site or third parties, such shared information might be copied or redistributed by other users and third parties. Even after you remove information from your account or delete your account, copies of that information may remain viewable elsewhere to the extent it has previously been shared with others.
We and our service providers may make available through the Site certain services to which you are able to post information and materials (for example, forums, chat rooms, message boards, and news groups). If you utilize such Site services, please remember that any information that is disclosed in these areas becomes public information and may be available to other users of the Site and the general public. In addition, when you choose to make a posting on such services, certain Personal Information (such as your user name) will be available for other users to view.
We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other information, on the Site. We are not responsible for the use of any Personal Information or other information you voluntarily disclose or make available to other users or the public through the site.
Changing or Deleting Your Information
You may review, update, correct or delete the Personal Information you provide to us by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at [email protected] with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
Limiting Use in Our Email List
If you no longer wish to receive new product/service notices, email newsletters or other future promotional communications from us, please follow the opt- out instructions included in each such communication or notify us by email at [email protected] with the word "remove" in the subject header, and we will remove your name from our email recipient list. You may not, however, opt out of necessary service or account maintenance notices or other administrative and transactional notices.
Users Under 13 Years of Age
This Site and our services are not directed towards users under the age of 13 and we do not knowingly collect Personal Information from users under the age of 13. If a parent or guardian becomes aware that his or her child under the age of 13 has provided us with Personal Information without their consent, he or she should contact us at [email protected]. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Links and Third Party Applications
On the Site, we may provide links to websites or applications maintained by third parties, which we believe you may find useful. DNAnexus is not responsible for the privacy practices of these other websites or applications and we encourage you to review the privacy policies of each of those other websites or applications before using such websites and applications. If you click on these third-party links, these other websites or applications may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. Other websites and applications will have different policies and rules regarding the use or disclosure of the personal information you submit to them. We make no representation with regard to the policies or business practices of any websites or applications to which you connect through a link from this Site, and are not responsible for any material contained on, or any transactions that occur between you and any such website or application.
European and Swiss Privacy Shield Compliance
DNAnexus has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Global Data Privacy Regulation (GDPR)
DNAnexus is compliant with the GDPR regulations as it becomes effective starting 25 May 2018. In the language of GDPR, DNAnexus positions itself as a Data Processor or Subprocessor for our customers, who are either Data Controllers or Data Processors. As such, DNAnexus is not liable for the provisions of GDPR that pertain to the Data Controllers. DNAnexus’ obligations as a Data Processor include, but are not limited to the following:
- DNAnexus shall follow the instructions of the Customer in the management of their data. DNAnexus shall not opportunistically use or mine or use personal data that it is entrusted, aside from those mentioned elsewhere in this document or under the written instructions of the Customer.
- DNAnexus shall obtain written permission from the Customer before engaging a subprocessor and assume liability for failures of the subprocessors to meet the requirements of GDPR.
- Upon request, DNAnexus shall delete or return all personal data to the Customer at the end of the service contract.
- DNAnexus shall enable and contribute to compliance audits conducted by the Customer’s controller or a competent representative of the controller.
- DNAnexus shall take reasonable steps to secure data, such as encryption, stability and uptime, backup and disaster recovery, and regular security testing.
- DNAnexus shall notify the Customer without undue delay upon learning of data breaches.
- DNAnexus shall make every effort to restrict personal data transfer to a third country only if legal safeguards are obtained.
- DNAnexus shall make the Data Protection Officer available address concerns or questions upon request.
More detail on DNAnexus’ Data Protection Addendum (DPA) may be obtained here.
DNAnexus is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Questions or Concerns?
If you have any questions, comments, or concerns regarding this Policy, please contact us by email at [email protected]