References below to 'we', 'us' and 'our' are references to Myriad Genetic Laboratories, Inc. References below to 'Myriad companies' are references to Myriad Genetics, Inc. and its affiliates (including, but not limited to, Myriad Genetic Laboratories, Inc.).
We take the privacy of individuals and the security of their personal information very seriously. One purpose of these Terms is to set forth the principles governing our use of any personal information which you give to us, or we obtain about you, via the web. By using this Service, you agree to our use of your information as explained below.
Another purpose of the Terms is to clearly limit MGL’s obligations and liability to you in providing the Service. You should read these Terms carefully. Any dispute which may arise will be subject to these Terms and the laws of the State of Delaware, U.S.A.
We may change the Terms from time to time. You should check these Terms occasionally, in particular every time you use the Service, to ensure that you are aware of the most recent version, which will apply for each time you access the Service while it is in force. We will notify you of any changes where we are required to do so.
As part of the Service, your healthcare provider will send you a web link (“Link”). When you click on this Link, you will be forwarded to a website which provides the Hereditary Cancer Quiz. If you enter all of the relevant information, you will be provided with a Hereditary Cancer Quiz Result (“Results”). MGL will attempt to send the Results to your healthcare provider.
Sending Results to your healthcare provider
MGL will attempt to send your Results to the healthcare provider that provided the Link to the Hereditary Cancer Quiz. You agree and authorize MGL to do so. The healthcare provider that provided the Link to you provided an email address to us. MGL will make reasonable efforts to forward your Results to the email address provided by the healthcare provider.
Because the email address is given to us by your healthcare provider, we cannot ensure the accuracy of this information. As such, it is possible that your results could be sent to an individual besides your healthcare provider. Although we may require that doctors agree to provide an email address that is only accessible by authorized individuals, we cannot guarantee the confidentiality or privacy of the information that is sent (See “Limited obligations/liability” below).
Also, it is your sole responsibility to ensure that your doctor receives your Results. For many reasons, an email may not reach or be opened by its intended recipient; therefore we cannot guarantee that your doctor will receive your Results by email. Follow up with your doctor soon after sending your Results (See “Limited obligations/liability” below).
Finally, because the Link is specific to a particular healthcare provider in the context of a patient relationship, you agree to not forward the Link to anyone else. A generic Hereditary Cancer Quiz (that does not forward Results) may be found at: www.hereditarycancerquiz.com
Description of the information we collect and how we use it
In order to obtain Results, you will be asked to voluntarily submit sensitive personal information, for example, information relating to your health or your personal or family medical history. You are not required to provide this information and, if you do not want to do so, you may simply not use this Service. By providing us with this information, however, you consent to us processing your sensitive personal data for the purposes of providing your Results, and for any other purpose contemplated by the Service, including your sending your Results to a healthcare provider. We will not store your Results after attempting to forward them to the healthcare provider that provided the Hereditary Cancer Quiz link to you.
We may store your name and geographical data about you to help us monitor usage of the Service. This information will not be associated with your Results.
We may disclose personal data/information in order to comply with a legal or regulatory obligation.
We will only keep your data only for as long as is reasonably needed for the purposes set forth in these Terms and in accordance with any applicable legal or ethical reporting or documentation retention requirements.
In general terms, cookies are small text files which are sent to your web browser and stored on your computer's hard disk. Cookies act as a memory for a website, allowing that website to remember your computer on your return visits. We use both session cookies (which exist only until you close your web browser) and persistent cookies (which exist for a longer, specified period of time).
Some of our advertising banners may send a cookie to your hard disk (whether or not you click the banner). If you subsequently visit the advertised website we will know that you have seen our banner. This allows us to keep track of the success rates of such banners.
The majority of web browsers accept cookies, but you can usually change the web browser's settings to refuse new cookies, disable existing ones or simply let you know when new ones are sent to your hard disk. However, please be aware that, if you refuse or disable cookies, some of the website's functionality may be lost.
If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking 'Help' in your browser menu. Further information on deleting or controlling cookies is available at http://en.wikipedia.org/wiki/HTTP_cookie.
Choice of Law/Venue
You agree that any dispute relating to the Terms or the Service will be resolved according to the laws of Delaware, without regard to conflict of law rules. You agree that the courts of the state of Delaware have exclusive jurisdiction over any legal proceedings.
The Service is directed at an adult audience. We do not knowingly collect information from or about children. By using this website you confirm that you are not under the age of 18.
We may use the information we gather and/or receive about you to investigate and help prevent unlawful activity or activity that threatens our network or otherwise jeopardizes the provision of a website of a Myriad company and we may disclose such information to third parties (such as the police) for these purposes.
For quality control and training purposes, we may monitor or record your communications with us.
By using this Service, you agree that MGL’s only obligation to you is to make reasonable efforts to provide Results to you and to forward them to the healthcare provider that provided the link to the quiz.
MGL MAKES NO REPRESENTATION, AND HAS NO OBLIGATION TO ENSURE THAT YOUR RESULTS ARE OR WILL BE CORRECTLY COMMUNICATED TO YOUR HEALTHCARE PROVIDER. YOU ARE RESPONSIBLE TO ENSURE THAT YOUR HEALTHCARE PROVIDER RECEIVES YOUR RESULTS.
ADDITIONALLY, BY USING THIS SERVICE YOU ACKNOWLEDGE THAT YOUR RESULTS WILL BE BASED UPON INFORMATION PROVIDED BY YOU AND THAT YOU ARE FULLY RESPONSIBLE FOR THE ACCURACY OF THIS INFORMATION. AS SUCH, MGL MAKES NO REPRESENTATION THAT THE RESULTS PROVIDED REFLECT AN ACCURATE ASSESMENT OF YOUR RISK FOR HEREDITARY CANCER SYNDROMES.
FURTHERMORE MGL MAKES NO REPRESENTATION THAT ANY EMAIL ADDRESS PROVIDED BY YOUR HEALTHCARE PROVIDER IS SECURE. YOU AGREE THAT MGL HAS NO OBLIGATION TO ENSURE THE CONFIDENTIALITY OR PRIVACY OF INFORMATION SENT TO YOUR HEALTHCARE PROVIDER.
FINALLY, YOU AGREE TO RELEASE ALL MYRIAD COMPANIES, THEIR OFFICERS AND EMPLOYEES FROM ANY AND ALL LIABILITY ARISING OUT OF OR IN CONNECTION TO THIS SERVICE, INCLUDING LIABILITY ARISING FROM OUR OWN NEGLIGENCE. YOU ALSO AGREE TO, AND DO HEREBY WAIVE ALL CLAIMS AGAINST ALL MYRIAD COMPANIES, THEIR OFFICERS AND EMPLOYEES ARISING OUT OF THE SERVICE.
You acknowledge that these Terms represent the entire agreement between you and MGL with respect to the Service, and that no other representations or promises, verbal or otherwise, will affect these Terms.