LAST UPDATED: March 14, 2016
OncoTAb, Inc. (“we”, “us” or “OncoTAb”) wants you to understand the types of information we collect, how we use that information, how we secure it, and how we share it.
1. Collection of Information
Information we collect that you provide to us. We collect all information that you provide us in connection with your use of the Website, including information that you provide in connection with the following activities:
Registration. You may provide us certain information about you, including, but not limited to, your full name, email address, and certain other contact and demographic information during the registration process.
Purchases. You may provide us with certain information including, but not limited to, contact, demographic and credit card information while completing purchases of products or services.
Support. We may also ask you to provide information to us so that we can provide support to you in connection with your use of the Website or the purchase of products.
Information obtained indirectly. We automatically collect information about you in connection with your use of the Website, including information collected through the following technologies:
Tracking Technologies. We may use Tracking Technologies to help tailor our content, understand Website and internet usage, improve and customize the content, offerings or advertisements on the Website, personalize your experience on the Website (for example, to recognize you by name when you return to the Website), save your password in password-protected areas, save your online video player settings, help us offer you programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Website and for other purposes described in the “Uses of Information”.
These Tracking Technologies collect “click stream” data and information regarding your visits to the Website, such as the URLs you access, your use of our features, and your preferences. We may also collect your IP address or other identifiers and information related to the device or software that you use to access the Website. We may collect your general geographic location. By visiting the Website, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that we may track your activities and your use of the Website through these Tracking Technologies.
This Website may also use a variety of third party advertising networks, third party promotion networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Website Providers”) to, for example, serve advertisements on the Website, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Website (“Targeting Services”). These Third Party Advertising Website Providers may enable us to display advertisements based on your visits to the Website and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
Although the Third Party Advertising Website Providers do not have access to Tracking Technologies set by the Website, the Third Party Advertising Website Providers, as well as Advertisers, may themselves set and access their own Tracking Technologies on your device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to information about you.
2. Use of Personal Information
We use information that can be used to identify or contact you (“Personal Information”) to (a) process your registration on the Website, such as verifying that your e-mail address is active and valid; (b) verify your identification; (c) contact you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any promotions you have participated in or have entered, or any other transactions you have undertaken with the Website; (d) allow you to participate in the public areas and/or other features of the Website; (e) respond to your questions or other requests; (f) contact you regarding your use of the Website, for informational purposes related to the Website or, in our discretion, regarding changes to the Website’s policies; (g) administer or improve the Website and for internal business purposes; (h) tailor your experience on the Website and/or otherwise customize what you see when you visit the Website; (i) save your user ID or other personal information, so you don’t have to re-enter it each time you visit the Website; (j) perform services for and provide products to you, (k) to develop new or improve existing products and services and perform quality control activities; (l) otherwise to maintain, operate and administer the Website; and (m) for other purposes disclosed at the time you provide the information.
3. Disclosure of Personal Information
We may share your Personal Information with third parties as described below.
- Companies and people who work for us: We contract with other companies and individuals to help us provide the Website. For example, we may host some of our Website on another company’s computers, hire technical consultants to maintain our sites, or work with companies to provide customer service. In addition, we may validate your identity and other information against available databases. In order to perform their jobs, these other companies may have access to Personal Information. Other companies may collect information on our behalf through their web sites. OncoTAb cannot guarantee that any third party will maintain the privacy of your information.
- Promotional and informational offers: We may disclose your Personal Information to third parties in connection with promotional or informational offers.
- Business transfers: We may disclose your Personal Information to a third party in connection with the transfer or sale of a business unit (such as a subsidiary) or an asset (such as the Website) to another company.
- Your Healthcare Provider: We may disclose your Personal Information to your healthcare provider.
- Legal requirements: We may be obligated to cooperate with various law enforcement inquiries. We may share or transfer your Personal Information to comply with a legal requirement, disclose any activities or information about you to law enforcement or other government officials as we, in our sole discretion, determine necessary or appropriate, in connection with an investigation of fraud, for the administration of justice, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. We may also release your Personal Information if, in our judgment the release may be necessary to prevent the death or injury of an individual.
- To protect rights or property: We may share or transfer your Personal Information in order to protect our safety, security, rights or property, or to protect the safety, security, rights or property of others.
4. Use and Disclosure of Non-identifiable Information
5. Protection of information
We use certain physical, technical, and administrative measures to safeguard your Personal Information. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to or receive from the Website over networks that we do not control, including the Internet and wireless networks.
Please recognize that protecting your Personal Information is also your responsibility. We ask you to be responsible for safeguarding your password, secret questions and answers, and other authentication information you use to access our services. You should not disclose your authentication information to any third party and should immediately notify us of any unauthorized use of your password. We cannot secure Personal Information that you release on your own or that you request us to release.
The information we collect from you may be stored and processed in the United States or any other country in which we or our service providers maintain facilities and, therefore, your information may be subject to the laws of those other jurisdictions which may be different from the laws of your country of residence.
6. Your Privacy Choices
In the registration form you complete when registering for our Website, you may have an opportunity to elect to receive recurring informational/promotional e-mail from us. Our email correspondence will include instructions on how to update certain personal information and how to unsubscribe from our emails. Please follow the instructions in the emails to opt-out of an email. We will unsubscribe you from that newsletter or other programs within thirty business days.
We also provide a variety of mechanisms for you to tell us you do not want to receive promotional – informational offers. For example, we may provide an opt-in box for customers to receive information that is sent by a third-party fulfillment house, and we make clear that, by opting in, you are submitting your data to a third-party. You can elect not to receive promotional or informational material from us by following the instructions to opt-out as mentioned or included in each of our programs we send to you.
You can always contact us at email@example.com in order to change your preferences with respect to marketing contacts.
Updating your personal information and contacting OncoTAb
You can review and update your account information. You can modify, add, or delete certain Personal Information that is under our control by accessing your account through the Website. Even after you remove Personal Information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been made generally available or shared with others, or it was copied or stored by other users once you made that Personal Information publicly available. We may also retain copies of your Personal Information in our archives. We cannot modify, add or delete any Personal Information that is held by third parties or in our archives.
7. Children’s policy
The Website is not directed to, nor do we knowingly collect information from, children under the age of 13. If you believe that we might have any information from a person under age 13, please contact us through the contact us as described below in Section 12.
8. Social Media and Online Engagement
9. U.S. Governing Law.
The Website is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Website is operated in accordance with the laws or regulations of, or governed by, other nations.
If you are located in the European Union or elsewhere outside of the U.S., you do so at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws.
11. California Privacy Rights
If you are a resident of California, you may have the right to request and receive information on any third parties to whom OncoTAb has disclosed your Personal Information for marketing purposes within the previous calendar year, along with the type of Personal Information disclosed. If you would like to make such a request, please contact us at the contact information listed below.
STANDARD TERMS AND CONDITIONS OF SALE
- GENERAL. These Standard Terms and Conditions of Sale (this “Agreement”) are entered into between OncoTAb, Inc. (“Seller”) and the buyer (the “Buyer”) identified in Seller’s online purchase order (the “Purchase Order”) and referencing these “Standard Terms and Conditions of Sale.” This Agreement together with the Purchase Order governs the sale to Buyer of Seller’s Sample Collection Kits (“Products”) and diagnostic testing services (“Services”) identified in such Purchase Order. Products and Services are collectively referred to herein as the “Purchased Items.”
- PRICES. Buyer will pay the price for the Purchased Item set forth in the applicable Purchase Order. All prices exclude sales, use, value-added, excise, and other taxes in respect of manufacture, sale or delivery, or export or import duties, all of which shall be paid by Buyer unless a proper exemption certificate is furnished. All prices are subject to adjustment necessitated by shortages of raw goods or Seller’s compliance with any government action and include shipping and handling. Payment shall be due at the time of purchase.
- USAGE. Buyer is solely responsible for the use of the Purchased Items and results of Services, and for following any instructions provided by Seller in connection therewith. Buyer shall not use the Purchased Items in violation of the intended uses and capabilities set forth in the Purchase Order or as otherwise provided by Seller.
- ORDER AND ACCEPTANCE. No Purchase Order is binding on Seller unless accepted by Seller. Any terms proposed by Buyer, which add to, vary from, or conflict with the terms of this Agreement shall be void, and the terms of this Agreement shall govern. Seller may at any time, without notice, change or suspend credit terms, stop shipment or cancel unfilled Purchase Orders when, in Seller’s sole discretion, the financial condition of Buyer or its account so warrants such action, or when delivery is delayed through any fault of Buyer.
- DELIVERY AND DELAYS. Unless otherwise specified, delivery of a Product will be FOB Seller’s place of origin, and Buyer assumes all responsibility for risk of loss, or damage to, the Products furnished hereunder upon delivery of the Products to the common carrier by Seller. Purchased Items shall be deemed accepted by Buyer upon Buyer’s receipt thereof. Seller shall have the right to select the means of transportation of Products and the means of delivery of the results of the Services. Delivery dates quoted by Seller are approximate and subject to confirmation. Buyer must make claims for shortages or other errors in delivery of a Product or the results of the Services in writing to Seller within thirty (30) days after Buyer’s receipt of shipment (or receipt of the Results, as applicable) and failure to give such written notice shall constitute unqualified acceptance and a waiver of all such claims. Seller shall not be responsible for any failure or delays in delivery or performance of Purchased Items, or any loss or liability suffered by Buyer as a result thereof.
- CANCELLATION AND RETURNS. Purchase Orders cannot be cancelled by Buyer after shipment of a Product by Seller under such Purchase Order. After shipment of Product by Seller all purchases hereunder are nonrefundable except that Seller will issue a partial refund (i.e., the price paid less the cost of shipping the Product to you plus a $15 re-stocking fee) for Products returned within 30 days of the shipment date provided that:
- Buyer contacts Seller’s customer support by email at firstname.lastname@example.org to request a return and refund. Please put “Order Return and Refund” in the subject line and provides Buyer’s name, the order number, and Buyer’s contact information in the email.
- Buyer packs the Product with the original receipt in the original package.
- Buyer ships the package at Buyer’s own cost to the address below by a reputable nationally recognized courier. Buyer shall not use the overnight return shipping label provided by Seller with the Product that is intended for use with the Product to perform the Services. Use of such return shipping label will result in additional deductions from the refund amount.
- Seller receives the Product from Buyer, unopened, in the same condition as when it was shipped by Seller.
ATTN: Return and Refund
9201 University City Blvd.,
Bioinformatics Building, Room 243
Charlotte, NC 28223.
If the Product is received as set forth above, Seller will notify Buyer by email and begin to process Buyer’s partial refund. If the Product is not received as set forth above, Buyer will not receive any refund.
- WARRANTIES. THE PURCHASED ITEMS ARE SOLD AS-IS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW SELLER DISCLAIMS ALL WARRANTIES AND IT IS EXPRESSLY AGREED THAT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OR ANY AFFIRMATION OF FACT, OR PROMISES, BY SELLER WITH REFERENCE TO THE PURCHASED ITEMS. BUYER AGREES THAT IT IS SOLELY RESPONSIBLE FOR ALL DAMAGES, INJURY OR EVEN DEATH THAT MAY RESULT FROM OR BE CAUSED BY USE OF THE PURCHASED ITEMS. SELLER DOES NOT GUARANTEE THE QUALITY, ACCURACY OR FITNESS OF ANY DATA OBTAINED BY USING THE PURCHASED ITEMS, AND ANY SUCH DATA MUST BE USED AT BUYER’S SOLE RISK. BY USING THE PURCHASED ITEMS, BUYER ACKNOWLEDGES AND AGREES THAT IT UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS CONTAINED IN THIS DISCLAIMER AND ALL OTHER INSTRUCTIONS, WARNINGS, CAUTIONS AND NOTICES MARKED ON OR PROVIDED WITH THE PURCHASED ITEMS. BUYER AGREES NOT TO HOLD SELLER RESPONSIBLE FOR ANY DAMAGES OR OTHER LIABILITIES ARISING FROM BUYER’S USE OF THE PURCHASED ITEMS. BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS SELLER FROM ANY AND ALL DAMAGES, LOSS AND CLAIMS RELATED TO BUYER’S USE OF THE PURCHASED ITEMS.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER OR ITS VENDORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANTICIPATED OR ACTUAL LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, OR FOR DAMAGES ON ACCOUNT OF NEGLIGENCE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT BUYER MAY INCUR OR EXPERIENCE IN CONNECTION WITH THE PURCHASED ITEMS, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S AGGREGATE LIABILITY FOR ANY CLAIM OF ANY KIND, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE SALE OF PURCHASED ITEMS TO BUYER, OR FROM THE DESIGN, MANUFACTURE, SALE, DELIVERY, RESALE, INSPECTION, REPAIR, OPERATION OR USE OF ANY PURCHASED ITEMS COVERED BY OR FURNISHED UNDER THIS AGREEMENT, SHALL IN NO CASE EXCEED THE PRICE PAID BY BUYER FOR THE PURCHASED ITEMS THAT GIVE RISE TO THE CLAIM. BUYER MUST MAKE ALL CLAIMS WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED WITH RESPECT TO ANY PURCHASED ITEMS PROVIDED HEREUNDER.
- CHOICE OF LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of North Carolina, excluding that body of law known as choice of law, and shall be binding upon the parties hereto in the United States and worldwide. All disputes with respect to this Agreement shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. The parties to this Agreement each consent to the in personam jurisdiction and venue of such courts.
- SEVERABILITY. In the event that any provision or portion of this Agreement should, for any reason, be held illegal, invalid, or unenforceable such provision or portion shall be modified to give the fullest possible effect to such provision, and the remainder of this Agreement shall remain in full force and effect.
- GENERAL. The failure of Seller to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this contract or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such rights. This Agreement and any acknowledgement or acceptance of a Purchase Order by Seller constitute the complete and exclusive statement of the agreement between the parties regarding the subject matter hereof and supersede all proposals, oral or written, and all other communications between the parties relating to the subject matter herein. Products sold and delivered within the United States are for domestic use only. Any resale or distribution of Products is prohibited except with the express written authorization of Seller.