Guardiome, LLC ("us", "we", or "our") operates http://www.guardiome.com (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We take our client’s privacy seriously and we want you to know how we collect, store, and protect your information. We use your information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection and Use
While using our Site, we may ask you to provide us with certain personally identifiable information (“Personal Information”) that can be used to contact or identify you. Personal Information may include, but is not limited to your name, contact and billing information, as well as any other information you provide us through this Site. SquareSpace and ShipStation, our website creator and shipping site, respectively, will save your order information.
Guardiome will use Personal Information to provide customers and business partners with information and services, and to help us better understand your needs and interests. Specifically, we use your Personal Information to help finish a transaction or order, to communicate with you, to send our products/services to you, and to provide continuous service and customer support. Your Personal Information will also be used for us to improve, maintain, and manage our Site, products, and services and to protect against and investigate illegal activity. From time to time, we may use your Personal Information to contact you to complete surveys we use for quality assurance reasons.
Genetic Information Privacy
Guardiome does not store any information concerning your genotype produced by the processing of your saliva sample (“Genetic Information”) that we collect via our sequencing pipeline, nor does it keep any record or electronic copy of the data obtained from our DNA processing and sequencing facilities.
Your Genetic Information is temporarily stored in the sequencer facility, but an agreement has been signed between Guardiome and the sequence facility and they may not keep your Genetic Information. Once we receive your encrypted data from the sequence facility, and insert it into your Helixa, we delete all of your data two weeks after the shipment date of your Helixa.
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Terms of Service
These Terms and Conditions apply to users visiting or purchasing on or after August 31, 2017.
Guardiome, LLC (“Guardiome,” “we” or “us”) provides personalized genomic devices and an open marketplace for the distribution of genomic interpretation analyses, called Genome Apps. We provide customers with devices containing their sequenced genomic data, and a marketplace in which developers can distribute their Genome Apps for customers to access. Before purchasing a device, submitting a genome sample kit, accessing results of DNA sequencing, or using Genome Apps, customers must review and accept the following terms, conditions and notices (the “Terms of Service” or “Agreement”). The Agreement defines your rights and responsibilities as a customer of Guardiome, visitor of this website, and customer of the DNA sequencing service (“User”) operated by Guardiome and its partners. Below are our detailed terms and conditions to read and accept before completing purchase of your own Genome Vault and/or related products/services.
Guardiome.com (the “Website”) is operated, and governed by the laws of the State of California and the Service is provided in the United States of America. This document governs your relationship with the Website. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the Terms of Service. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
You understand and agree that the Services are provided on an AS IS and AS AVAILABLE basis. Guardiome disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
Guardiome does not store any Genetic Information that we collect via our sequencing pipeline, nor does it keep any records or electronic copy of the data obtained from our DNA processing and sequencing facilities, or any and all of Guardiome’s Affiliates, in any form other than that stated in the Terms of Service.
Our return policy, which sets out how we will accept device returns, can be found at Return Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Irrespective of any and all former, existing, or future definitions, both legal, technical, civilian, colloquial, or any other sources of information that provides any and all kinds of definitions regarding the concepts discussed in this document, the meaning of the terms in this document will be defined by Guardiome itself. By agreeing to this document, the customer completely and wholly acknowledges and accepts that certain particular words and terminology stated in this document will have the meaning that we so choose to define, unless a particular term, or phrase is a term that we have not chosen to define.
The term “Genetic Information” is hereby defined for our purposes in the document and for any and all claims and legal concerns that may result or be a part of any form, type, or mode of interaction, communication, and correspondence, as meaning information concerning your genotype produced by the processing of your Sample by Guardiome and/or its Partners, Affiliates, assignees, or successors.
The term “Self-Reported Information” is hereby defined for our purposes in the document and for any and all claims and legal concerns that may result or be a part of any form, type, or mode of interaction, communication, and correspondence, as meaning information you provide Guardiome with, such as your contact information, information you provide us through surveys, and any information we receive through a personalized Genome App request made by you.
The term “Sample” is hereby defined for our purposes in the document and for any and all claims and legal concerns that may result or be a part of any form, type, or mode of interaction, communication, and correspondence, as meaning any kind of organic material collected from a customer, affiliate, or any living being with personhood status.
The term “Affiliates” is hereby defined for our purposes in the document and for any and all claims and legal concerns that may result or be a part of any form, type, or mode of interaction, communication, and correspondence, as meaning any entity that Guardiome has had any form of communication, correspondence, partnership, or any form of legal relationship with in any way, shape, and form.
The term “Partners” is hereby defined for our purposes in the document and for any and all claims and legal concerns that may result or be a part of any form, type, or mode of interaction, communication, and correspondence, as meaning any entity that Guardiome in any way, shape, or form, communicates, collaborates, or makes and/or has any and all form of correspondence with for any matter related to the concept of business, marketing, legality, and all other forms of interaction for the purpose of commerce, trade for the purpose of facilitating the ability to do commerce and trade.
Risks and Considerations
Your saliva Sample, once submitted to and analyzed by Guardiome, is processed in an irreversible manner and cannot be returned to you. Any Genetic Information derived from your saliva remains your information, subject to rights we retain as set forth in these Terms of Service.
You may learn information about yourself that you do not anticipate. You assume the risk of receiving all results from your Genetic Information. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change. These outcomes could have social, legal, or economic implications.
You should not change your health behaviors solely on the basis of information from Guardiome products and/or services. Make sure to discuss your Genetic Information with a physician or other healthcare provider before you act upon the Genetic Information resulting from Guardiome’s products and/or services. For most common diseases, the genes we know about are only responsible for a small faction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at an elevated genetic risk for a particular disease or condition, this does not guarantee that you will never develop it. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitely develop that particular disease or condition. In either case, if you have concerns or questions about what you learn through Guardiome, you should contact your physician or other healthcare provider.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Guardiome will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Guardiome or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Guardiome and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of our content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sales
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Guardiome you must be over 18 years of age, possess a valid credit or debit card issued by a bank acceptable to us, and receive a confirming receipt of your order from Guardiome. Guardiome retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will be Guardiome or by a third party. Where a contract is made with a third party Guardiome is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
By accessing or purchasing Guardiome’s services and products, you agree to, acknowledge, and guarantee as follows:
You understand that the information you learn from Guardiome, its products and/or services, and its affiliates is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. Guardiome does not provide medical advice. You understand that the Guardiome services are intended for private and information uses only, and that while information from Guardiome’s products and services might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical treatment and information. You acknowledge that Guardiome urges you to seek the advice of your physician or other healthcare provider if you have questions or concerns arising from your Genetic Information. All information is meant to add to discussion with your healthcare provider.
You represent that you are eighteen (18) years of age or older if you are providing a saliva sample.
You are guaranteeing that any sample you provide is your saliva; if you are agreeing to these Terms of Service on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person. In addition, you represent that any Sample you submit is either your DNA or the DNA of a person for whom you are a legal guardian or have obtained legal authorization to provide their DNA to Guardiome.
The Guardiome DNA sequencing service that we provide herein is intended for adults. If any minor gains access to the Guardiome device, the parent or guardian of that minor will be held responsible for the minor’s action.
By submitting DNA Samples to Guardiome, you give permission to Guardiome and any and all of its Affiliates, Partners, and subsidiaries, to collect biological Samples from you, extract the DNA from the Samples, perform sequencing and any and all forms of biological processing and genetic testing from the DNA obtained using any and all test methods available now and developed in the future to disclose the results of the tests performed to you and others that you authorize in the specified products.
By agreeing to this document, the customer gives their complete, knowing, and willing consent to have their biological Sample provided undergo whole genome sequencing by any entity of our choosing and waive the right to sue us on the basis of anything related to our sequencing of their biological Sample.
Any and all Genetic Information collected in any form from our customers’ Samples belongs to the customer, who hold proprietorship over their original Sample and information, but whom fully and knowingly consents to allow Guardiome and any of all its affiliates, handle, process, and analyze both the data and the Samples, until we deem it is ready to be returned to the customer after the customer submits the aforementioned Samples to our facilities and until we send data and the final product to the customer to whom the particular Sample was collected from.
Any DNA Sample submitted to us cannot be returned but will not be stored by Guardiome or its agents in any manner.
If you are a customer outside the United States providing a saliva sample, you confirm this act is not subject to any export ban or restriction in the country in which you reside.
You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are aware that some of the information you receive may provoke strong emotion.
You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information
Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing you Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Guardiome or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
Guardiome is NOT a medical advising company nor should any of the information Guardiome provides be taken as medical advice. Guardiome is not a medical interpretation company and all results are meant to add to discussion with a healthcare provider.
By agreeing to this document, the customer gives their complete, knowing, and willing consent to have their biological Sample provided undergo whole genome sequencing by any entity of Guardiome’s choosing and waive the right to sue us on the basis of anything related to our sequencing of their biological Sample.
Guardiome takes no responsibility for any potentially negative results that customers discover about themselves and is in no way, shape, or form responsible for life actions and decisions that customers may themselves choose to make after receiving our product and results. Do NOT make any kind of life decision, from minor to major, based on the information that Guardiome is giving you; we are NOT medical professionals and do NOT claim to be such and in no way have the authority to advise medically or in any other way health related. All information given is meant to add to discussion with a healthcare provider. Always make sure to discuss any and all of your Genetic Information with a qualified healthcare provider before you act upon any of the Genetic Information obtained from Guardiome’s products and/or services. Even if our provided data presents the notion that you are or are not at an elevated genetic risk for a particular disease or condition, you should never take any form of action nor act upon this knowledge obtained without a health professional’s consultation. Guardiome Services are for private and informational use only. Any and all user accessible information and data as provided by Guardiome is solely for commercial, informational, and educational use only. We do not claim that any of the Genetic Information, data, or studies that we report from any and all sources we use have been clinically validated, and the technology we use and share in commonality with the research community has currently not been widely used for clinical testing. Our services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other healthcare provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, and prevention of any disease or other medical condition or impairment or the status of your health. Guardiome does not guarantee, warranty, or endorse, the effectiveness of any specific course of action, drugs, medical devices and non-medical devices, tests, resources, tests, health care providers including but not limited to physicians, opinions, procedures, drugs, biologics, or other information that may be mentioned on our website.
If we provide you on our website, or via any other form of communication, data that identify with you, based on your collected Genetic Information and any kind of Self-Reported Information and any form of scientific literature and research, potentially actionable information, this information is intended solely for informational purposes and as an aid for a customer elected discussion with a licensed and qualified healthcare provider. In addition, you represent that any form of biological Sample you submit is either your DNA or the DNA of a person for whom you are a legal guardian or have obtained legal authorization to provide their DNA to Guardiome. By submitting DNA Samples to Guardiome, you give permission to Guardiome to extract the DNA from the Samples, perform any kind of genetic analysis and tests on the DNA using currently available test methods and any that are developed in the future, to disclose the results of the tests performed to you and others that you authorize, and for a limited time store, for purposes of transport, retrieval, and presentation, the Samples for additional genetic testing and archiving purposes as necessary for creating personalized applications of any form. Guardiome does not claim any ownership rights in the DNA that is submitted for testing. We wholly accept that the Genetic Information derived from the DNA continues to belong to the person who submitted the DNA Sample, subject only to the rights that are granted to Guardiome in this Agreement. Any DNA Sample submitted to us cannot be returned and shall be stored by Guardiome or its agents, temporarily. In addition, you understand that by providing any DNA to us, you acquire no rights in any research or commercial products that may be developed by Guardiome’s use of your DNA that may relate to or otherwise embody your DNA. You must not post or publish any information that you know is false, inaccurate, or misleading, such as impersonating any person or entity, falsely misrepresenting your affiliation with any person or entity, falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of Guardiome or otherwise affiliated with Guardiome. You must not use the information the Guardiome Website or any form of DNA analysis provided (including any downloaded raw DNA data) in whole, in part and/or in combination with any other database, for any discriminatory, breach of privacy or otherwise illegal activity (for example, to re-identify any anonymous donor or to make insurance or employment decisions). You hereby release Guardiome from any and all claims, liens, demands, actions or suits in connection with the DNA Sample, the test or results thereof, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Website or the Service. By signing this document, you agree to indemnify, defend and hold harmless Guardiome, suppliers, licensors, partners and their respective officers, directors, affiliates, employees, successors, agents, and assignees, from and against any and all losses, claims, costs, damages, (including any form of reasonable attorneys' fees) and any other possible expenses that arise from your breach of this Agreement. To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. We shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement. You agree to cooperate as reasonably required in the defense of any such claim. Guardiome reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Guardiome. Guardiome may make changes to its Agreement from time to time, and when these changes are made, Guardiome will make a new copy of the updated version of its Agreement and any new additional terms will be made available to you from within, or through, the affected services. You understand and agree that if you use the services after the date on which the Agreement has changed, Guardiome will treat your use as acceptance of the updated Agreement.
Linking to this Website
You may link to our homepage, provided you do so in a way that does not violate any laws or damage reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Guardiome and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Guardiome.
You agree to indemnify, defend and hold harmless Guardiome, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Guardiome shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Guardiome. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Guardiome.
This Return Policy was last modified on August 31, 2017.
Guardiome provides personalized products/services, therefore they cannot be cancelled, changed, returned, or refunded at any time unless the item you purchased is defective, becomes lost, or has been damaged in transit. If you receive a defective product, or your package has been lost or damaged, please contact us at firstname.lastname@example.org with details of the product and the reason for your return.
Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment.