Color Health Privacy Notice
Last Updated: April 15, 2022
This Privacy Notice is designed to help you understand how Color Health, Inc. and its affiliates (collectively, “Color,” “we,” “us,” or “our”) collect, use, and share your personal information, and to help you understand and exercise your privacy rights.
- SCOPE AND UPDATES TO THIS PRIVACY NOTICE
- PERSONAL INFORMATION WE COLLECT
- HOW WE USE YOUR PERSONAL INFORMATION
- HOW WE DISCLOSE YOUR PERSONAL INFORMATION
- YOUR PRIVACY CHOICES AND RIGHTS
- SECURITY OF YOUR INFORMATION
- INTERNATIONAL DATA TRANSFERS
- RETENTION OF PERSONAL INFORMATION
- SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
- SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
- SUPPLEMENTAL NOTICE FOR CERTAIN INTERNATIONAL COUNTRIES
- CHILDREN’S INFORMATION
- OTHER PROVISIONS
- CONTACT US
1. SCOPE AND UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice applies to personal information processed by us, including through our Services, as that term is defined in the Terms of Service.
Supplemental Notices. Color may provide additional privacy notices to individuals at the time we collect their personal information. These additional privacy notices may supplement this Privacy Notice or may apply in lieu of this Privacy Notice.
HIPAA Notice of Privacy Practices. This Privacy Notice does not apply to our processing of “Protected Health Information” as a “Covered Entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Where we act as a “Covered Entity”, our processing of “Protected Health Information” is governed by our HIPAA Notice of Privacy Practices.
Notice Regarding Customer Data. In some cases, our customer or partner (e.g., an employer, public health organization, educational institution, laboratory, or clinician) may enter into a written agreement with us where we process personal information on their behalf through their use of our Services (“Customer Data”). This Privacy Notice does not apply to Customer Data. Our customers’ respective privacy policies govern their collection and use of Customer Data. Our processing of Customer Data is governed by the contracts that we have in place with our customers, not this Privacy Notice. Any questions or requests relating to Customer Data should be directed to our customer.
Changes to our Privacy Notice. We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.
2. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
A. Personal Information You Provide to Us Directly
We may collect personal information that you provide to us.
- Account Creation. We may collect personal information when you create an account, such as name, email address, address, phone number, race, ethnicity, professional details, birth date, sex, and any other information you provide.
- Provision of Services. For some Services that do not require an account, we may collect personal information when you participate in the Service, such as name, email address, address, phone number, race, ethnicity, professional details, birth date, sex, and any other information you provide.
- Testing Information and Biological Samples. We may collect personal information and biological samples in connection with any testing Services we provide to you.
- Health Information. In providing Services to you, we may collect personal information that relates to your health or medical treatment that you have received, including information about your healthcare providers.
- Telehealth. If we connect you with clinicians via telehealth, you will need to provide access to your camera and microphone. We and others with whom you video chat (e.g., Medical Providers) may collect the content and information you make available.
- Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
- Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, or otherwise communicate with us.
- Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.
- Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, sharing features, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing any information that may identify you in the real world to other users.
- Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
- Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
- Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, curriculum vitae, cover letter, and/or any other information you provide to us.
We may collect personal information automatically when you use our Services.
- Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
- Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Our uses of these Technologies fall into the following general categories:
- Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;
- Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
- Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
- Advertising- or Targeting-Related. We may use first-party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties.
See Your Privacy Choices and Rights below to understand your choices regarding these Technologies.
- Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:
C. Personal Information Collected from Other Sources
Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect personal information about you from that third-party application that you have made available via your privacy settings.
Customers or Other Organizations. We may receive your personal information from Color’s customers or other organizations, such as your employer or healthcare provider, in connection with one or more business purposes, including to make our Services available to you.
Other Individuals. Our Services may allow individuals to share personal information about other people. For example, an individual may be able to share personal information about their family member in connection with testing or other Services. In order to share any health information about other individuals with Color in connection with receipt of the Services, individuals sharing health information must have the full and express consent of the other individual. Color reserves the right to require proof of such consent.
Referrals and Sharing Features. Our Services may offer various tools and functionalities that allow you to provide personal information about your friends through our referral service. Our referral services may also allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).
3. HOW WE USE YOUR PERSONAL INFORMATION
Please note that our use of your Protected Health Information is governed by our HIPAA Notice of Privacy Practices, not this section.
We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, for research as detailed below, to de-identify and aggregate information, and to market our products and Services, as described below.
A. Provide Our Services
We use your information to fulfill our contract with you and provide you with our Services, such as:
- Providing you with testing and counseling services;
- Providing you with a platform that may connect you with clinicians;
- Providing you with a platform that may connect you with pharmacy services;
- Reporting certain test results and/or vaccination status to your program sponsor or third parties, with your authorization; Managing your information and accounts;
- Providing access to certain areas, functionalities, and features of our Services;
- Answering requests for customer or technical support;
- Communicating with you about your account, activities on our Services, and policy changes; Processing your financial information and other payment methods for products or Services purchased;
- Processing applications if you apply for a job we post on our Services; and
- Allowing you to register for products, Services and events.
B. Administrative Purposes
We use your information for various administrative purposes, such as:
- Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
- Contacting you in connection with potential future research and studies;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
- Measuring interest and engagement in our Services;
- Improving, upgrading, or enhancing our Services;
- Developing new products and services;
- Ensuring internal quality control and safety;
- Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice;
- Debugging to identify and repair errors with our Services;
- Auditing relating to interactions, transactions, and other compliance activities;
- Sharing personal information with third parties as needed to provide the Services;
- Enforcing our agreements and policies; and
- Carrying out activities that are required to comply with our legal obligations.
We will never use your personal information to conduct research without your consent. We may use your personal information to determine your eligibility for research, including medical, clinical, and public health research, and/or to contact you to seek your consent to use or share your personal information for research. You will not be paid for this use.
D. To Create De-Identified and/or Aggregated Information
We may use your personal information to create de-identified and/or aggregated information, such as demographic information, information about health or wellness, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, publications, making de-identified and/or aggregated information available to third parties, and any other legally permissible purposes. We make available a research database that contains anonymized, aggregated genomic, phenotypic, diagnostic, clinical and/or other information. It is intended for research use only, and any use for commercial or other non-research purposes is prohibited. To protect participating individuals’ identities, information is de-identified.
E. Marketing and Advertising our Products and Services
We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising” including through cross-device tracking. If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.
F. With Your Consent
We may use personal information for other purposes that will be clearly disclosed to you at the time you provide personal information or with your consent.
G. Other Purposes
We also use your personal information for other purposes as requested by you or as permitted by applicable law.
4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
Please note that our disclosure of your Protected Health Information is governed by our HIPAA Notice of Privacy Practices, not this section.
We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
A. Disclosures to Provide our Services
The categories of third parties with whom we may share your personal information are described below.
- Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes but is not limited to service providers and vendors that provide us with testing services, telehealth services, pharmacy services, IT support, hosting, billing, payment processing, customer service, and related services.
- Public Health Authorities. We may share your personal information and results with federal, state, and local public health authorities as required by applicable laws and regulations for public health purposes (e.g., to prevent the spread of COVID-19). We may also share certain information about your vaccine and vaccination status with state immunization registries and other public health authorities in compliance with applicable laws and regulations.
- Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
- Affiliates. We may share your personal information with our company affiliates.
- Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
- APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.
B. Disclosures to Protect Us or Others
We may access, preserve, and disclose to external parties, any information we store associated with you if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
5. YOUR PRIVACY CHOICES AND RIGHTS
Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.
- Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Notice).
- Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in “Contact Us” below.
- Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.
- Phone Calls. If you receive an unwanted phone call from us, you may opt out of receiving future phone calls from us by following the instructions which may be available on the call or by otherwise contacting us as set forth in “Contact Us” below.
- “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
- Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
Please note you must separately opt out in each browser and on each device.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
- Access to and Portability of Your Personal Information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (also known as the “right of data portability”);
- Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
- Request Deletion of your personal information, subject to applicable data retention laws and requirements;
- Request Restriction of or Object to our processing of your personal information;
- Withdraw your Consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing, and will not affect the lawfulness of processing before the withdrawal; and
- Request Deactivation of your account, which will unsubscribe you from all marketing emails, and your sample and personal health information will no longer be shared for research. Please note that we will not provide you with any Services going forward including but not limited to any results that have not yet been reported or any updates or changes to your results.
If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below or as otherwise instructed in the additional privacy notices provided at the time we collect your personal information. We will process such requests in accordance with applicable laws.
6. SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of personal information.
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you.
7. INTERNATIONAL DATA TRANSFERS
All information you provide will be stored or hosted on servers in the United States, but you acknowledge that all information processed by us may be accessed outside of the United States. You acknowledge that other countries outside of the United States may have data protection laws that are different from U.S. laws. We endeavor to safeguard your information consistent with the requirements of applicable laws and regulations.
You agree that by providing your biological sample or any information you share with us, you are not violating any export ban or other legal restriction in the country of your residence.
If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.
For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.
8. RETENTION OF PERSONAL INFORMATION
We store the personal information we collect as described in this Privacy Notice for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Color has collected about them, and whether Color disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:
Category of Personal Information Collected by Color
Category of Third Parties Personal Information is Disclosed to for a Business Purpose
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Protected classification characteristics under California or federal law
Internet or other electronic network activity
Professional or employment-related information
Inferences drawn from other personal information to create a profile about a consumer
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.
Additional Privacy Rights for California Residents
“Sales” of Personal Information under the CCPA. For purposes of the CCPA, Color does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years.
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To authorize an agent, provide written authorization signed by you and your designated agent and contact us as set forth in “Contact Us” below for additional instructions.
Verification. To protect your privacy, we will take steps to reasonably verify your identity before fulfilling your request. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, or to answer questions regarding your account and use of our Services.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.
Refer-a-Friend and Similar Incentive Programs. As described above in “How We Use Your Personal Information” (“Share Content with Friends or Colleagues”), we may offer referral programs or other incentivized data collection programs. For example, we may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide your personal information in exchange for a reward, or provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of your personal information to us depends on how you ultimately use our Services, whereas the value of the referred party’s personal information to us depends on whether the referred party ultimately uses our Services. Said value will be reflected in the incentive offered in connection with each program.
De-Identified Information. If we create or receive de-identified information, we will not attempt to re-identify such information, except to comply with applicable laws and regulations.
10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
We do not sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us below.
11. SUPPLEMENTAL NOTICE FOR CERTAIN INTERNATIONAL COUNTRIES
A. Supplemental Notice for Canada
This Supplemental Notice for Canada only applies to our processing of personal information that is subject to the applicable data protection laws of Canada.
- Security of Your Information. The files and records containing your personal information will be kept in our offices and/or on our servers or those of our service providers, and only those employees that require it for the purposes of their duties will have access to these files.
- International Transfers and Access. Personal information may be accessible to the courts and the law enforcement and national security authorities of the United States. To obtain more information about Color’s policies and practices with respect to service providers outside of Canada, please contact us as set forth in Contact Us below.
12. CHILDREN’S INFORMATION
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.
If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable.
13. OTHER PROVISIONS
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
Supervisory Authority. If your personal information is subject to the applicable data protection laws of the European Economic Area, Switzerland, the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority if you believe our processing of your personal information violates applicable law.
- EEA Data Protection Authorities (DPAs)
- Swiss Federal Data Protection and Information Commissioner (FDPIC)
- UK Information Commissioner’s Office (ICO)
14. CONTACT US
Color is the controller of the personal information we process under this Privacy Notice.
If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at:
Color Health, Inc.
Attention: Legal Department
831 Mitten Rd.
Burlingame, CA U.S.A., 94010
Phone: 1-650-651-7116; 1-844-352-6567