Privacy Policy – Terms and Conditions

Privacy Policy

Wamberg Genomic Advisors, Inc

Last Updated: November 2019

THIS NOTICE DESCRIBES HOW PERSONAL, MEDICAL INFORMATION AND OTHER INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

This Privacy Policy, together with our Terms and Conditions Use (the “Terms and Conditions”), form the Agreement by which you may access or use the websites located at www.cancerguardian.com, www.wamberggenomic.com, other related websites, mobile applications and systems (collectively, the “Site”). Through these sites, Wamberg Genomic Advisors, Inc. (“WGA”) operates various services that enable members (“Members”) to receive program services, benefits and cancer support services from specialists. This Online Privacy Policy (“Privacy Policy’) explains WGA’s privacy practices that apply to the services (collectively, the “Services”) we provide through our Sites.

This policy applies to information we collect from you personally, orally, in e-mail and/or text, and from other electronic communications between you and WGA and its specialists employed or under contract with WGA, whether or not through mobile and desktop applications you download, and when you interact with our advertising and applications on third-party websites and services (if those applications or advertising include links to this Privacy Policy). All capitalized terms used herein without definition shall have the respective meanings ascribed thereto in the Terms of Use.

We do not sell, share, rent or trade the information we have collected about you, including Personal Information (as such term is hereinafter defined), other than as disclosed within this Privacy Policy or at the time you provide Your Information.

  1. Collection of Your Information:
  2. Information Collected: In order to provide you with the Services, WGA will collect certain categories of personal information, including, without limitation, information that could reasonably be used to identify you personally (e.g., such as your name, mailing address, e-mail address, birthdate, mobile number and credit card) (“Personal Information“). Your health or medical information may be collected and used by WGA to enable the provision of the Services to you (“Health Information”). This information may be collected at various times and from various sources, including, but not limited to, when you register to use the WGA website, when you subscribe to use the Services, and when you request certain Services. Additionally, WGA may collect information about your internet connection, the equipment you use to access our website and application. WGA may also automatically collect information through cookies, web beacons, embedded scripts and other tracking technologies as you navigate through the website and from your usage of any application, your computer, mobile or other device used to access the Services (any, a “Device“). All of the information collected by WGA about you, including Health Information and Personal Information shall be collectively referred to in this Policy as “Your Information”.
  3. How May WGA Use and Disclose Your Information
  4. Use of Your Information: Your Information is collected to provide you with a positive experience when using the Services. In addition to using your information for the purposes described above:
  • For Services.We may use or disclose Your Information to provide you with the Services, and so may disclose it to, without limitation, specialists, nurses, doctors or other employees, subcontractors or agents’ personnel who are involved in providing you healthcare as part of the Services.
  • For Payment.We may use and disclose Your Information so that the Services we provide may be billed to and payment may be collected from you, a third-party administrator (TPA) or a third party (if applicable).
  • For Our Operations.We may use and disclose Your Information to facilitate our operations. For example, we may do this by monitoring which features of the Services are used the most, identifying your address, phone number and current location. We may share your information, including Your Information with our parent andsubsidiaries, for internal and operational reasons. We may also use Your Information for troubleshooting and in some cases, internal marketing purposes. In addition, we may use Your Information:
  • To review your history of Services;
  • To determine if you have any restrictions on any type of Service that may be provided;
  • To recommend certain products and/or Services;
  • To provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties;
  • To process your registration with the Services, including verifying your information is active and valid;
  • To improve the Services or our services, to customize your experience with the Services, or to serve you specific content that is most relevant to you;
  • To enable you to participate in a variety of the Services’ features;
  • To contact you about your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies;
  • For internal business purposes; and
  • For inclusion in our data analytics.
  • Appointment Reminders.We may use and disclose Your Information to contact you as a reminder that you have an appointment with a WGA specialist.
  • Benefits and Services.We may use and disclose medical information to tell you about benefits or services that may be of interest to you.
  • Contractors and Agents.In certain cases, we will provide your information to contractors, agents and other parties who need the information in order to perform a service for us, such as providing you with Services or obtaining payment for Services or carrying out business operations. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.
  • Use of Your Information for Service-Related Information.We will send you service-related announcements on those occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. You may  opt-out of these communications, which are not promotional in nature..
  1. Disclosure of Information to Other Third Parties.
  • Disclosure of Non-Personally Identifiable Information:WGA may share non-personally identifiable (or “de-identified”) information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes.
  • Administrative and Legal Reasons for Disclosure of Information:We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including, Your Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate:
  • To satisfy any applicable law, regulation, subpoenas, governmental requests or legal process court order, warrant, summons or similar process (We may release Your Information to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law);
  • To defend lawsuits and disputes arising from the Agreement;
  • To protect and/or defend the Agreement or other policies applicable to any online and mobile Services, including investigation of potential violations thereof;
  • To protect the safety, rights, property or security of WGA, our Services or any third party;
  • To protect the safety of the public for any reason;
  • To identify or locate a suspect, fugitive, material witness, or missing person;
  • To detect, prevent or otherwise address fraud, security or technical issues; and
  • To prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, criminal or legally actionable activity.

We may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.

  • Reasons for Disclosure of Your Information:We also reserve the right to disclose and transfer all such information:
  • To public health reporting and other governmental healthcare oversight activities. Your health information may be disclosed to public health agencies as required by law.
  • In connection with a corporate merger, consolidation, restructuring, the sale of substantially all of the outstanding stock and/or assets or other corporate change, including, during the course of any due diligence process;
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of WGA our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

III. Your Rights.

  1. You may have certain rights under the state and federal privacy standards. These include:
  • Right to Request Restrictions.You have the right to request restrictions on our uses and disclosures of Your Information.
  • Alternative Communication Means.You have the right to reasonably request to receive confidential communications of Your Information by alternative means or at alternative locations.
  • Right to Inspect a Copy.The right to inspect and copy your Health Information by submitting a written request detailing what information you want access to, whether you want to inspect it or get a copy of it, and if you want a copy, your preferred form and format. We will provide copies in your requested form and format if it is readily producible, or we will provide you with an alternative format you find acceptable. We may charge a reasonable fee which covers our costs for labor, supplies, postage, and if requested and agreed to in advance, the cost of preparing an explanation or summary, as allowed by applicable law. We may deny your request under limited circumstances;
  • Right to Amend.The right to amend or submit corrections to your Health Information by submitting a written request including the reasons you believe the information is incorrect or incomplete. We are not required to change your Health Information and will provide you with information regarding our denial of such requested amendment. If we deny your request, you may submit a written statement of your disagreement with that decision, and we may, in turn, prepare a written rebuttal;
  • Right to an Accounting.The right to receive an accounting of how and to whom your protected health information has been disclosed; provided, however, we are not required to provide to you an accounting of disclosures made for the purposes of information provided directly to you, information provided pursuant to your written authorization, and certain government functions; and
  • Printed Copy.The right to receive a printed copy of this notice.
  1. Right to Revise Privacy Policy.
  • Right to Change or Amend Privacy Policy.WGA has the right to amend its Privacy Policy at any time without notice to you by posting the revised Privacy Policy on this Website. You agree that you are bound by those changes by continuing to use the Website.
  1. Your Information After Cancelling Account.

You are responsible for maintaining the accuracy of the information you submit to WGA, such as your contact information provided as part of account registration. If Your Information changes, or if you no longer desire to use the Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by working with your employer and if direct services contacting us at 855-Wamberg (855-267-2374). We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. WGA will retain Your Information for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your employer or credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.

If you believe your privacy rights have been violated, you may file a complaint with WGA. To file a complaint with WGA, please contact WGA at support@cancerguardian.com or via US postal mail at the following address:

Wamberg Genomic Advisors, Inc.

4330 La Jolla Village Drive
Suite 230
San Diego, California 92122

Terms and Conditions

Wamberg Genomic Advisors, Inc

Last Updated: November 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) before using the http://www.cancerguardian.com/ website (the “Service”) operated by Wamberg Genomic Advisors, Inc. (WGA) (“us”, “we”, or “our”) for direct services.

Your access to and use of the direct Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the direct Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

Direct Purchases

If you wish to purchase any program direct made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, but not limited to, your full name, date of birth, credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: program availability, errors in the description or price of the program, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating program and service offerings of the Service. We may experience delays in updating information of the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Programs or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Direct Subscriptions

WGA offers the option of annual, quarterly and monthly billing frequencies. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set at date of enrollment.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or WGA cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting WGA Customer Support Team.

A valid payment method, including an electronic transfer or wire, debit or credit card, is required to process the payment for your Subscription. You shall provide WGA with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize WGA to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, WGA notify you and request updated payment information, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

WGA, at its sole discretion and at any time, may modify the program pricing. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

WGA will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. WGA does not charge a fee for cancellations or terminations of your Subscription.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

You have the right to cancel this plan within 30 days after the effective date for a full refund of program charges paid during the first 30 days unless you are in a contract.

Content

Our Service allows you to upload and update your account information. You are responsible for the Content that you upload or enter on or through the Service, including its legality, reliability, and appropriateness.

By uploading or entering Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the uploading of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating privacy rights.

However, by providing Content using the Service you grant us the right and license to use, modify, perform, such Content on and through the Service.

In addition, Content on or through this Service are the property of WGA. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create a member account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of WGA and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WGA.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by WGA. WGA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that WGA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your direct member account, please contact the WGA Client Services Team.

All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless WGA and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall WGA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, non-infringement or course of performance.

WGA, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact our Client Services Team at support@cancerguardian.com or 855-WAMBERG (855-926-2374).

Wamberg Genomic Advisors, Inc.

4330 La Jolla Village Drive
Suite 230
San Diego, California 92122

 

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