Lab Testing API Inc. Internet Privacy Policy/ Terms of Use Effective
Date: March 26, 2021
This Privacy Policy & Terms of Use (“Privacy Policy”), effective September 22, 2017, describes Lab Testing API Inc.’s (“LTA”) online data collection practices and how we use and protect your personal information collected online. This Policy applies only to the information collected on the website at www.labtestingapi.com (“Website”) and does not apply to information that LTA obtains about you from other sources.
By using the Website, you consent to the collection and use of your information in the manner we describe in this Privacy Policy. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.
By accessing this Website, you agree to the terms of the Privacy Policy and the collection, retention, and distribution of information in accordance with its provisions.
LTA offers clinical laboratory services to monitor wellness and encourage increased self-awareness and self-care. However, the tests, services, or products we offer are not intended to diagnose, treat, or cure disease. LTA does not give a guarantee that any of our services will prevent disease, detect disease, treat disease, or otherwise diagnose any medical condition. All materials provided on the Website are for educational purposes only, and use of the Website or its services are not intended to be a substitute for a physician’s consultation. LTA does not engage in rendering medical advice or service and strongly encourages those who use our service to consult and work with an experienced healthcare provider. Individuals assume full responsibility for acquiring such professional medical assistance with regards to any health disorder, medical condition, or any condition needing medical supervision. LTA encourages you to consult your physician if you are experiencing any symptoms or medical conditions. We specifically disclaim any expressed or implied warranties of merchantability or fitness for any particular usage, application, or purpose. LTA does not recommend self-diagnosis or self-medication, and no information within this Website or presented by LTA or its associates may be construed or interpreted as recommending self-diagnosis or self-medication.
If a lab test result is abnormal, you may be encouraged to see a physician. To be validated, many tests may need to be repeated at the discretion of a physician. Lab results may vary depending upon age, sex, time the specimen collection, diet, medications, and the limits of modern technology. A single lab test or group of tests cannot guarantee good health. False-positive and false-negative test results are possible. There are many medical diseases that cannot be uncovered by these tests alone. Testing by our medical staff only constitutes a partial evaluation of your state of health and does not represent a diagnosis or treatment of disease.
LTA shall not be liable to you or anyone else for any loss or injury caused in whole or in part by procuring, compiling, interpreting, delivering, or reporting information through this website. In no event shall LTA be liable to you or anyone else for any decisions made or action taken or not taken by you in reliance on such information. Material placed online by users does not represent medical advice of LTA and we make no representations with respect to the accuracy, reliability, completeness, timeliness, or usefulness of the contents.
We reserve the right to modify or amend this Privacy Policy at any time. All changes to this Privacy Policy will be effective immediately upon their posting to the Website. We will notify you of material changes to this Privacy Policy by conspicuously posting the changes on the Website. Information collected before changes are made will be treated in accordance with the previous Privacy Policy. Continued use of the Website after the effective date of a modified privacy policy will indicate your agreement to any modified terms. Each version of our Privacy Policy will be prominently marked with an effective date.
LTA’s use and disclosure of your certain information may be subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) and applicable state law. Any information that you submit to us that constitutes “Protected Health Information,” as defined by HIPAA, is subject to HIPAA and applicable state law. The term “Protected Health Information” or “PHI” refers to individually identifiable health information about your past, present or future physical or mental health or condition, the provision of health care to you or the past, present or future payment for such care. If any information collected on this Website constitutes PHI, then our Notice of Privacy Practices included in this Policy will apply. LTA abides by all federal and state laws regarding the collection of, disclosure of, and retention of PHI. For more information on our HIPAA Privacy Practices click here.
“Personally Identifiable Information” (“PII”) can be any relevant data used to identify a person. Website collects certain PII about its Users, on the terms stated in this provision.
a. Personally Identifiable Information that we collect. You may generally use this Website without disclosing personally identifiable information. However, the use of certain features and functions of the Website may require you to submit personally identifiable information to us. In your use of the Website, we may collect any information that you voluntarily share with us. This information may also be collected by a third-party vendor, supplier, or contractor on our behalf. This information may be collected when you send us emails, voluntarily submit information to us via the Website This information may include your (1) contact information (such as name, address, email address, and phone number), (2) age, (3) gender, (4) date of birth, (5) insurance information, (6) health and medical information or other PHI, (7) account numbers, (8) financial and payment information, including credit card and payment card information, and (9) any other information you choose to provide us, subject to applicable laws and the terms of this Privacy Policy.
In addition to PII that you voluntarily provide to us, Website may use third-party service providers to assist us in collecting and maintaining this personally identifiable information. However, we require such service providers to maintain the confidentiality of such information.
b. How we use Personally Identifiable Information that we collect. We will use personally identifiable information for (i) the purpose for which you provide it; (ii) as otherwise may be disclosed at the point of collection; and/or (iii) for the purposes described below. In addition, we may use your personal information in the aggregate in a non-identifiable way in order to better understand the services being provided, how to improve these services and how to improve the Website. We may provide this aggregated information to third parties, but when we do so we do not provide any of your information without your express permission.
Non-Personally identifiable information is any information that cannot be used to identify a specific person and may include information such as aggregate statistics on the use of a product, a partially or fully masked IP address, your browser type, plug-in details, or time zone.
When you visit our Website, we (or a third party vendor or contractor on our behalf) may passively collect non-personally identifiable information about you, including your IP Address. Your “IP address” is usually associated with the network location and physical location from which you enter the Internet. We log IP addresses for systems administration purposes. This information helps us determine how often different areas of our site are visited and we also use this information to personalize the content that is displayed to you on the Website based on your previous visits and the ads that you access. We do not link IP addresses to any information that is personally identifiable.
a. Cookies. The Website also uses cookies to track the use of our Website and to facilitate and enhance your experience on our Website by, among other things, displaying content that is personalized based on your previous visits and the ads that you access. The term “cookies” refers to electronic data stored by your computer browser. The cookies enable us to facilitate your access to different aspects of the Website. For example, by showing when and how you visit our Website, cookies help us to see which pages of the Website are popular and which are not. Cookies can also help us to improve your enjoyment of this Website, for example, by remembering your address or other information when you request information or services on the Website. We also use cookies for analytics, retargeting, and online behavioral advertising as set forth below.
Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that if you disable this function, it may impact your use and enjoyment of the Website.
b. Statistical Identifiers and Device Recognition. We (or our Vendors on our behalf) may employ statistical identifiers, also known as device recognition tools. These tools may be used to assist in managing the content and advertising on our Website by informing us (without using cookies) of the content that you use and view on the Website. These tools collect various information about your devices, such as your screen resolution, browser type, and operating system. Many devices have unique, or near unique, device profiles such that collecting this information allows us and our vendors to determine with a reasonable level of statistical accuracy information on your engagement with our Website and advertisements on our Website, as well as your device when you interact with our Website. We do not tie this statistical information to your personal information.
c. Analytics. We use non-personally identifiable information in the aggregate to determine how much traffic the Website receives, to statistically analyze Website usage, improve our content, and customize the Website’s content, layout, and services. In addition, we may use your IP address to help diagnose problems with our server, to manage the Website, and enhance the Website based on the usage pattern data we receive.
Your information may be disclosed to or collected by third-party suppliers and service providers specifically involved in the processing of your information received via the Website and as otherwise necessary to manage our Website and provide the services you request. We may also use third-party service providers to host the Website and gather and use on our behalf your personal information as contemplated by this Policy and applicable law. All such third parties are subject to confidentiality obligations in an attempt to protect your information as much as is commercially reasonable. We may also use or disclose your personal information to resolve disputes, investigate problems, and enforce our Website Terms of Use or any other agreement with LTA.
We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Website; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.
If we, or any of our businesses, are sold or disposed of as a going concern, whether, by merger, reorganization, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, any and all personally identifiable information, including your Account information may be one of the assets sold or merged in connection with that transaction. Information about you may also need to be disclosed in connection with a commercial transaction where we are seeking financing, investment, support, or funding. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained.
Except as stated in this Policy, we do not sell, distribute, or release to a third party your personal information without notice to you.
Upon written request and verification of your identity, we will provide you with your personal information in our possession as well as the personal information, if any, that we have disclosed to third parties. Requests for such information should be sent to the contact information below. You may also update, correct, or delete your personal information in our possession by contacting us.
In general, we will retain all information collected through the Website for, at a minimum, the length of time permitted by law. However, we will delete any personally identifiable information in our database upon your request or as otherwise required by law. We may retain non-personally identifiable information indefinitely. We maintain backup files as protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lower the risk of losing valuable data. Backup files may contain records with your personal information. Removing a record from our active files and databases does not remove that record from any backup systems. Such backup data will eventually be passively deleted as backup records are erased through the normal recycling of backup files. In the meantime, as long as backup records exist, they receive the same security protections as our other records.
Communications between your browser and portions of the Website containing personally identifiable information may be protected with various forms of encryption. This encryption is to help protect your information while it is being transmitted. Once we receive your information we strive to maintain the physical and electronic security of your personal information using commercially reasonable efforts.HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET OR ANY WIRELESS NETWORK CAN BE GUARANTEED TO BE PERFECTLY SECURED. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION USING COMMERCIALLY AVAILABLE AND INDUSTRY STANDARD TECHNOLOGY, WE CANNOT ENSURE OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
If we determine that your personal information has or may reasonably have been disclosed due to a security breach of our systems, we will notify you to the extent required by applicable state and federal law, using your information that we have on file.
This Privacy Policy applies only to the Website as provided by LTA. This Website may contain links to other websites, which may be subject to a different privacy policy or are otherwise maintained or provided by a third party. We are not responsible for the privacy practices of any third-party website you access from this Website. You should review the privacy policy of every website before using the website or submitting any information to the website.
To our Users who are residents of California, there is some additional information that the Website must provide and additional rights that you may have as to your PII. Any terms that are included in this section are as defined in the California Consumer Privacy Act of 2018 (“CCPA”).
As stated above, the Website collects certain PII from Users in connection with your use of the Website. More specifically, our Website has collected, in the last twelve (12) months the following categories of PII:
| Category | Examples | Collected | ||||||
|---|---|---|---|---|---|---|---|---|
| A: Identifiers | A real name, alias, postal addresses, unique personal identifiers, email addresses, account name. | Yes | ||||||
| B: “Personal Information” described in Section 1798.80(e), CCPA | Addresses, credit or debit card numbers, names, signatures | Yes | ||||||
| C. Protected Classification Characteristics | Certain physical or mental disability, medical conditions, gender, sex, military status. | Yes | ||||||
| D: Commercial Information | Records of services or products that you have purchased or considered. | Yes | ||||||
| E: Biometric Information | Genetic, physiological, behavioral, and biological characteristics. | No | ||||||
| F: Internet of other similar network activity | Your search history, browser history, and consumer interaction information | Yes | ||||||
| G: Geolocation Data | Information about your location or movements | No | ||||||
| H: Sensory data | Audio, visual, olfactory or similar information | No | ||||||
| I: Professional or Employment-Related Data | Job history (past or present) and/or performance evaluations | No | ||||||
| J: Non-public education information | Regards related directly to a student, that are maintained by an educational institution | No | ||||||
| K: Inferences drawn from any information above | A profile created about a consumer reflecting your preferences, characteristics, trends, predispositions, attitudes or aptitude. | No | ||||||
See Cal. Code. 1798.140(o) (2020)
We obtain the information contained in the chart above from a number of categories of sources, including (a) direct interaction with our User; (b) purchase requests; (c) creation of a User account on the Website; (d) Interaction with the website; (e) technical data; (f) automated technologies or interactions; (g) third party sources; (h) data from technical, payment or delivery services.
In the last twelve (12) months, we have not sold your data to third parties.
We make use of your personal information for a variety of business purposes, including: (a) to process and deliver orders; (b) to manage our relationship with User; (c) to register a new User; (d) to administer and protect the business; (e) to deliver relevant website content and/or advertisements; (f) to improve the website, including through data analytics; (g) to recommend goods or services to you.
We also share your information with third parties. These are the categories of third parties that we share your data with (a) our affiliates, d/b/a, or subsidiaries; (b) authorized entities for completion of services to you; and (c) service providers.
In the last twelve (12) months, we have disclosed certain categories of personal information for business purposes.
• Category A: IdentifiersWe have not disclosed any other category of personal information listed in the chart above for business purposes in the past twelve (12) months.
In addition to being informed about the type of personal information we collect, and how we use your personal information, our California Users have certain rights with respect to the retention of their personal information and to request access to your personal information. In that respect, California Users have a right to request the following information: (a) the categories of personal information we collected about you; (b) the categories of sources for the personal information we collected about you; (c) the business and commercial purpose for collecting that information; (d) the specific personal information we collected about you; (e) the personal information categories that were disclosed to third parties about you.
California Users also have a right that we delete your personal information subject to some exceptions. When we receive a verified consumer request to delete your PII, we will do so, unless an exemption applies. Note that we have the right to deny your request if the information is necessary for us to: (a) complete a transaction with you, or a transaction reasonably anticipated in the context of the ongoing business relationship between the User and Website; (b) detect security incidents or prosecute the same; (c) repair errors or debug products; (d) exercise free speech; (e) comply with the CECPA; (f) engage in research (historical, scientific, or statistical); (g) to comply with legal obligations; (h) to make other lawful uses that are compatible with the purpose for which you provided them to us.
Requests to delete or access data should be sent to the Privacy Officer at the contact provided at the end of this Privacy Policy. We will make our best efforts to respond to your request within forty-five (45) days of the date of your request. We will notify you in writing if we require more time, including an explanation for the reason why the request cannot be completed within forty-five (45) days. You will receive a response to your request through your account with us and/or via electronic mail. You should remember that any request will cover only the twelve (12) month period preceding your request. We do not charge any fee to process your request unless it is repetitive, excessive, or unfounded. If a fee is necessary, we will advise you of why and provide you with an estimated cost before we complete your request.
Rest assured that we will never discriminate against you for exercising any of the rights stated in this section. We will not deny you goods or services, change your rates or impose different rates, provide you with different quality of service or suggest that you might receive different prices or rate for services in retaliation for your exercise of your CCPA rights.
COPYING OR REPRODUCTION OF ANY PORTION OF THIS WEBSITE TO ANY OTHER SERVER, LOCATION, WEBSITE OR ANY THIRD PARTY FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
FOR MORE INFORMATION OR TO REPORT A PROBLEM
If you have questions about this notice or would like additional information, you may contact our Privacy Officer, Michelle Chilcott, at the telephone or address below. If you believe that your privacy rights have been violated, you have the right to file a complaint with the Privacy Officer at Lab Testing API Inc. or with the Secretary of the Department of Health and Human Services. The complaint must be in writing, describe the acts or omissions that you believe violate your privacy rights, and be filed within 180 days of when you knew or should have known that the act or omission occurred. We will take no retaliatory action against you if you make such complaints.
The contact information for both is included below.
U.S. Department of Health and Human Services
Office of the Secretary
200 Independence Avenue, S.W.
Washington, D.C. 20201
Tel: (202) 619-0257
Toll Free: 1-877-696-6775
https://www.hhs.gov/about/contact-us/index.html
Lab Testing API Inc.
Michelle Chilcott
Privacy Officer
2810 N Church St #30986
Wilmington, Delaware
19802-4447, US
1-888-512-0719
[email protected]