Privacy and Confidentiality Statement

This Privacy and Confidentiality Statement (“Statement”) explains how Elysium Health, Inc. (“Elysium Health”, “we”, “our”, or “us”) collects, uses, processes, and discloses your information.

This Statement specifically applies to all who accept and/or respond to our invitation or other e-mail or otherwise interact with us, use and register the saliva kit, access and use the mobile apps, software, platform and all other relevant services and products provided and offered by us, our affiliates and our partners (collectively the “Services”).

By accepting or responding to the invitation or other e-mail and accessing or using the Services, you agree to this Statement and the terms in our Privacy Policy available at https://www.elysiumhealth.com/en-us/privacy, and consent to the collection, use, process, disclosure of your personal information and non-identifying information as described in this Statement and our Privacy Policy. If you do not agree with the practices described in this Statement and our Privacy Policy, please do not accept or respond to the invitation or our other e-mail or using the Services, do not provide us with your personal information, or otherwise interact with us.

I. Information Collection

What Information We Collect?

We may collect and you consent to our collection of your Personal Information directly from you and automatically as you use the Services. “Personal Information” is information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. It includes such things as name, address, telephone number, email address, date of birth, and purchase and ordering history. Specifically, the Personal Information we may collect include but not limited to the following:

  • Saliva sample and biobanking. To access or use the Services, you must purchase, or receive as a gift, a testing kit, create an online account and register your kit, and ship your saliva sample to our partner laboratory (“Laboratory”). The Laboratory will extract your DNA from your saliva sample for analysis. The Laboratory stores de-identified raw data generated from the saliva sample for 3 months and Elysium Health will store your data (including the Genetic Information) permanently, but you may request deletion of your data as set forth under Section IV at anytime. You consent to sample and data storage and additional analyses by Elysium Health and the Laboratory.
  • Genetic Information. “Genetic Information” refers to the epigenetic data including those generated through processing of your saliva by us or by the Laboratory, our contractors, vendors, successors, or assignees, or otherwise processed by and/or contributed to us and includes the results reported to you as part of the Services. Genetic Information may be collected and used for purposes as outlined in Section II – Information Use.
  • Optional Information. You have the option to provide us with additional information about yourself including your ethnicities, personal traits, prior medical history, health condition or health-related information, etc. If you provide such information, we will keep and store them unless and until you ask us to delete them.
  • Additional Information. Elysium Health may ask you to provide certain Personal Information at various times for provision of the Services.

In some cases, if you choose not to provide us with the requested Personal Information, you may not be able to access all of the Services or participate in all of its features.

II. Information Use

How Do We Use Your Information?

Other than the purposes set forth in our Privacy Policy, we will use the information we collect (including but not limited to your saliva sample and Genetic Information) for the following purposes:

  • To perform, analyze and improve the Services
  • To develop new services
  • To process, analyze and deliver your Genetic Information (including the genetic testing results)
  • To use and allow you to share your Personal Information for our research purposes
  • To recruit you for internal or external research
  • To conduct surveys or polls, and obtain testimonials

We may also use information collected as described in this Statement and our Privacy Policy for other purposes with your consent or as otherwise required or permitted by law.

III. Information Disclosure

We share the information described above in Section I in accordance with our Privacy Policy. Further, we may also share such information with the Laboratory and our third-party service providers, as necessary for them to provide their services to us and help us perform and provide the Services to you. Service providers are third parties (other companies or individuals) that help us to provide, analyze and improve the Services.

When we share your Genetic Information, we will de-identify such information by, for example, assigning a random ID.

Specifically, we may share your saliva sample and the information described above in Section I as required by the law or as follows:

  • With the Laboratory to analyze your saliva sample and Genetic Information and to provide and improve the Services
  • With third-party contractors and partners in developing new services
  • With third-party contractors and partners which assist us in the process of providing products and services to you

In the event that we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred. In such a case, your information would remain subject to the promises made in this Statement, the Privacy Policy, any other pre-existing privacy policy.

This Statement does not cover the collection methods or use of the information collected by any third-party companies (including third party advertisers and web analytics service providers), and Elysium Health is not responsible for cookies in third party ads. We encourage you to review the privacy policies or statements of these third-party companies to learn more about their use of cookies and other similar technologies. The Privacy Policy adopted by the Laboratory engaged by us can be accessed at http://www.akesogen.com/privacy-policy

We are dedicated to treating your Personal Information with care and respect. We do not sell your Personal Information to third parties for their own direct marketing use unless you elect that we do so.

IV. Your Choices

You may withdraw the consent to this Statement or to the collection, use, processing and disclosure of your Personal Information and request the deletion of your Personal Information and your account by contacting us at any time. Your withdrawal will not affect the lawfulness of our collection, use, processing and disclosure based on consent before your withdrawal.

Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your account is deleted, all associated Personal Information is deleted and any stored samples are discarded, subject to the following limitations:

  • Information previously included in our research. The saliva sample, Genetic Information and/or other information that you have previously provided and for which you have given consent to use in our research cannot be removed from completed studies that use that information. Your data will not be included in studies and research that start more than 30 days after your account is closed (it may take up to 30 days to withdraw your information after your account is closed).
  • Legal Retention Requirements. Elysium Health and Laboratory will retain your Genetic Information, date of birth, sex, and other information as required for compliance with applicable legal obligations, including, as applicable, the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and CA Business and Professional Code Section 1265 and CAP accreditation requirements. Elysium Health will also retain limited information related to your account and data deletion request, including but not limited to, your email address, account deletion request identifier, and record of legal agreements for a limited period of time as required by contractual obligations, and/or as necessary for the establishment, exercise or defense of legal claims and for audit and compliance purposes.

If you wish to access, correct, modify or update any Personal Information we have received, please contact [email protected]. Also, if you are a registered user, you can access your account at any time to correct, modify or update your account information.

V. Confidentiality

The following information shall constitute our confidential information (“Confidential Information”):

  1. The invitation and any e-mails associated or relating to the invitation and the Services;
  2. the Services and any part or component thereof
  3. the identities of the Laboratory, third-party contractors and vendors, and our partners and the fact that they are engaged by us in the provision of the Services; and
  4. the fact that you have received the invitation and been offered the Services.

You agree not to disclose any such Confidential Information or permit any Confidential Information to be disclosed, either directly or indirectly, to any third party without our prior written consent.

VI. Contact Us

If you have any questions, comments or complaints about our privacy practices or this Statement, please contact us by email at [email protected] or by direct mail to Elysium Health at 434 Broadway, 2nd Floor, New York, NY 10013.