Privacy policy

Applicability & Acceptance of this Privacy Policy

This Privacy Policy governs the manner in which binx health, inc. (“binx health, “we”, “our,” “us” and similar terms) collects, uses, maintains and discloses information collected from users (a “User”, as well as “you”, “your” and similar terms) to deliver fast, confidential, and secure testing results related to sexually-transmitted infections (“Test Results”) to Users through the binx health website (the “Services”). This Privacy Policy applies to the Services only, and not to any other applications, websites, or to any other products or services offered by us.

By using the Services, you signify your acceptance of this Privacy Policy and our related Terms of Service.  If you do not agree to this Privacy Policy, please do not use the Services.

Changes to this Privacy Policy: We may, in our sole discretion, revise this Privacy Policy at any time and from time to time. Your continued use of the Services following the posting of revisions to this Privacy Policy will be deemed your acceptance of such revisions.  We encourage Users frequently to check the email account that they use in connection with the Services, as well as this Privacy Policy, to stay informed about any changes to this Privacy Policy. You acknowledge and agree that it is your responsibility to review that email account and this Privacy Policy periodically.  The date at the bottom of this Privacy Policy will be updated for each revision.

Information that We Collect

We may collect all or any of the following information in the course of providing the Services (collectively, “User Information”):

Personal Information is information you provide to us when registering for or using the Services, such as your name, billing and shipping addresses, email address, phone number, date of birth, user ID and password, and payment information.

Sample Information is information derived from biological materials provided by you as part of using the Services.

Health Information is information about you, your health care, and your medical history that you provide directly to us in connection with providing Sample Information.

Usage Information is information such as the browser name, the type of computer or phone a User is using, technical information about a User’s means of connecting to the binx health website, such as the operating system and the Internet or mobile service providers utilized, and other similar information.

How We Collect Information

We collect Sample Information when you provide us with a sample using a sample kit that varies depending upon the type of test selected.  We may collect Health Information directly from you in connection with Sample Information.

We collect Personal Information and Usage Information in a variety of ways, including but not limited to when Users visit or register with the binx health website, fill out a survey or other form, subscribe to a newsletter, mailing list or other communication tool, contact us via email, and in connection with other activities, services, features or resources we make available through the Services from time to time.

The binx health website may use “cookies” to enhance User experience. A User’s web browser places cookies on a hard drive for record-keeping purposes and sometimes to track information. Users may choose to set their web browser to refuse cookies, or to alert the User when cookies are being sent. If a User does so, some parts of the binx health website may not function properly.

How We Use the Information that We Collect

Personal Information: We use Personal Information for the purposes of delivering the Services, communications relating to the Services, and for processing transactions related to the Services. We will not sell or use your Personal Information for any other reason without your consent.

Sample Information and Health Information: We use Sample Information and Health Information to deliver Test Results. Sample Information and Health Information that is de-identified, as explained below, may also be used in research activities.

Usage Information: We use your Usage Information for a variety of purposes, such as to understand how our Users as a group use the Services, to improve the Services, to personalize the User experience, and to process transactions.

How We Disclose Information that We Collect

binx health complies with this Policy and with applicable state and federal law regarding the privacy of health information in disclosing User Information that we collect.

We disclose Test Results, Sample Information, Health Information, and Personal Information associated with any of the preceding categories of information only:

1.

to the User to whom the information relates,

2.

a health care provider ordering a test with respect to a User,

3.

another individual with the express written consent of a User,

4.

as required by law, or

5.

to a User’s insurer (or their designated processor of claims or payments) where such disclosure is necessary to obtain coverage under a health benefit plan

We disclose User Information to third party service providers, including laboratory partners utilized by binx health to carry out testing.  We require such third party service providers to handle User Information in a manner consistent with this Policy and with applicable federal and state law regarding the privacy of health information, and to maintain the confidentiality of all User Information.  We provide only the User Information necessary for a third party service provider to deliver a service.

We may disclose User Information to businesses that are legally part of the same group as binx health, or that become part of that group, subject to appropriate protections to protect the confidentiality of all User Information.

Where required by state and/or federal law, we will report certain positive test results to relevant public health authorities.  More generally, we may be required by a valid order of a court or other governmental body to disclose User Information.  No such disclosure shall be considered a breach of this Policy, nor shall binx health be considered to be under an obligation to contest a valid order of a court or other governmental body to disclose User Information.

We may make disclosures of User Information in compliance with federal and state law to enforce the terms of this Policy or if we believe such disclosure is necessary or appropriate to protect the rights, property, or safety of binx health, our Users, or others.

With the consent of a User (as further detailed in a Patient Informed Consent Form to be completed when a User selects a Test), we may use User Information for research, test validation, commercial, and educational purposes.  In the event of such use, User Information will be de-identified.

How We Protect Information that We Collect

We use commercially reasonable methods to protect all User Information.  With respect to User Information such as Personal Information, Sample Information, and Health Information that is subject to federal and state laws concerning the privacy of health information, binx health employs physical, technical, and administrative safeguards as required by such federal and state laws.  Sample Information and Health Information are stored separately from information that could be used to identify such Sample or Health Information.  Access to such information is restricted to trained staff on a need-to-access basis.

binx health is based in and operates in the United States.  User Information is stored in the United States.  The laws of the United States apply to User Information stored by binx health.

Information of Minor Children

The Services are not directed to Users under the age of 16, or to users 16 or over, but under the age required in their state of residence to use the Service without parental consent. The Services do not knowingly collect personal information from children under the age of 13. If you are under 16, or if you are 16 or over, but under the age where your state of residence permits you to use the Service without parental consent, you are not permitted to use the Service or to send personal information to binx health.

Other points of interest

If you no longer wish to receive the Services, you may terminate your account by sending a request to support@mybinxhealth.com.  Subject to state and federal laws regarding the retention of records, we will remove User Information within 30 days of our receipt of your request.  Note that it is not possible for binx health to delete User Information that has already been de-identified and provided for research purposes.

Transfer of User Information in the Event of Acquisition

Your agreement to this Privacy Policy includes your consent to the transfer of your User Information to any entity that may acquire binx health or its assets, either directly or indirectly, and to any affiliate of binx health.

Third Party Beneficiaries

This Privacy Policy is between us and you, and does not grant any rights to third parties.

Governing Law; Dispute Resolution

This Privacy Policy will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without regarding to conflicts of law principles.  All disputes arising out of or related to this Policy shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, exclusively in Boston, Massachusetts.

Contacting Us

If you have any questions about this Policy or the Services, please contact us at privacy@mybinxhealth.com

Last Updated:  October 23, 2018