Legal

Privacy & Terms

This Policy is effective as of November 6, 2023.

This Privacy Policy (the “Policy”) is intended to inform you about how Metabolon Inc. and its satellite site (“Metabolon,” “we,” “us,” or “our”) may collect, use, share, and secure the personal information that you provide to us through our website and by using our products and services.

We treat all personal information as confidential, both as required by law and as required by professional ethics. We do not share personal information with any third party outside our organization, except as necessary to operate our business, fulfill a customer’s request, as required by law, or as set forth in this Policy.  When it is necessary for us to share personal information with third parties for any of these reasons, we ensure that the third party has appropriate privacy practices in place, to treat this information with the same level of confidentiality that we would.

1. Information We Collect or Receive

We collect or receive the following types of personal information (that is, information that might individually identify a specific person) for our business when we have an appropriate basis:

1.1 Information You Voluntarily Choose to Provide

Contact information that customers and potential customers give to us so that we can contact them with information about our products and services (marketing), and so that we can provide these products and services when contracted to do so.  We process personal information from potential customers to carry-out our legitimate business interests.  We process personal information from existing customers to carry out our contractual obligations to them.

1.2 Information Collected Automatically When You Use Our Website

We are the sole owners of the information collected on this website (the “Site”). We collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you regarding the reason you contacted us.

Unless you ask us not to, we may contact you via email in the future to tell you about new products or services or changes to this Policy.  In this regard, we process your personal information to carry-out our legitimate business interests.

We receive personal information from Site visitors who submit information directly, such as when they inquire about our services, register to use Site features or receive information, or register for webinars and other events. That information typically includes name, title, address, phone number, fax number, and e-mail address. If you apply for a job in response to one of the career opportunities on our site, you will be submitting information to our service provider’s website subject to their privacy policy.  In all these instances we process your personal information to carry-out our legitimate business interests.

Metabolon may also collect or receive information about how individuals access the Site. This information may include internet protocol (IP) addresses (or the DNS name associated with it) of the individual’s device, the web sites the user visited immediately prior to and upon exiting this Site, and the browser software the individual is using to access the Site. This information is used to administer our systems and the Site, and to make improvements to and protect the Site.

Metabolon may use cookies and other technologies on the Site to enhance or improve user experience, including customization of content. A cookie is usually text data that a website transfers to the individual’s browser from a web server that is stored on the individual’s device. Cookies can be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our Site.   We process this personal information based on your consent to our cookie policy.

1.3 Information Collected Automatically When You Use Our Products

With a Metabolon account, you can sign into Metabolon products/services, as well as those of select Metabolon partners. Personal information associated with your Metabolon account includes credentials, device and usage data, name and contact information, information about your interactions with Metabolon and partner products.  We process this personal information to fulfill our contractual obligations to our customers and premised on the same legal basis they identified to you, such as your consent or fulfilling a contract with you

To enable personalization and consistent experiences across products and devices for your Metabolon accounts, we track and use visitor and account data.  Visitor data includes name, email, role, permissions, business title, location, IP address, first login date, and visitor actions (such as saw webinar, received email, downloaded whitepaper).  Account data includes account name, location, industry, size, assigned contacts, and activity (such as reports downloaded, data exports, feature usage).  We process this personal information based on your consent to our cookie policy.

1.4 Information Related to Laboratory Services

Metabolon, operating as a laboratory, may receive very limited personal information related to biochemical analysis, research, diagnostics, consulting, and clinical trial support services from or on behalf of controllers within the EU or Switzerland. In some cases, Metabolon processes Sensitive Personal Data, such as genetic data or data concerning health.  Metabolon processes that data in the performance of services for and under the direction of those controllers. We process this personal information to fulfill our contractual obligations to our customers and premised on the same legal basis they identified to you, such as your consent or fulfilling a contract with you.

1.5 Information We Receive from Others and through Our Processes

Protected health information associated with clinical specimens that are submitted to us for biochemical analysis.   We have appropriate HIPAA & GPDR-compliant procedures to protect the privacy and security of this information while fulfilling our customers’ requests for analysis and reporting from clinical specimens.

Biochemical information that we have obtained from our analysis of samples of blood or other specimens were sent to us under contracts to perform this testing. We may use aggregated, de-identified biochemical information from these samples for further scientific research and statistical purposes, in accordance with applicable laws. We do not use biochemical information from these samples to identify or reach back to an individual unless we have their prior consent to do so.

We also obtain contact information about potential customers from third parties. Metabolon may also obtain limited personal information about potential customers from other businesses. This information could include your name or company name, phone number, and email. Metabolon processes that information in order to further its legitimate business interests, including sending you communications about our products and services. You may choose to opt out of those communications at any time as further described in this Policy.

2. How We Use and Share Information

With respect to the personal information that Metabolon collects from you, Metabolon acts as the controller of your personal information. In this capacity, we only collect, use, share, store, or otherwise process your personal information when we have an appropriate basis. For example, we may process your personal information as necessary to provide the services you request, or to enforce or fulfill our obligations under our terms of use that apply to your engagement with this Site.  Additionally, your personal information may be used for legitimate interests (such as providing and improving the products and services, communicating with you, and improving the user-experiences) if doing so is consistent with your rights and appropriate to the context, and to comply with legal obligations. We will retain your personal information for no longer than reasonably necessary to fulfill these purposes.

Metabolon also processes personal information under the direction of our customers. In those instances, such as when we provide laboratory services as described in Section 1.4, Metabolon acts as a processor of the personal information of our customer, the data controller.

Metabolon may share personal information with service providers, affiliates, contractors, and other third parties who help us perform services such as managing communications, administering the Site, or conducting our business. We permit these third parties to use personal information as needed to deliver services or comply with law.

We will share personal information in the event we sell or transfer all or a portion of our business assets, such as during a merger, acquisition, liquidation, or bankruptcy.

In limited cases, we may share information with other parties if appropriate to respond to your request or inquiry.  We also may share personal information if we have a good faith belief that doing so is necessary to comply with law, respond to a legitimate request from law enforcement or other government body, to protect our interests or the health and safety of others, or to enforce our terms of use for this Site.

3. Your Choices

You may visit and browse our Site without providing any personal information, and you can always choose not to provide us with the personal information we request. However, choosing not to provide us with certain information that we request may prevent you from accessing or using certain portions of our Site.

If you would like to manage cookies used by this Site, the “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. However, if you configure your browser to decline cookies, certain features of our Site may not function correctly, and you may be required to re-enter any user IDs and passwords more frequently. Some browsers incorporate a “Do Not Track” feature that, when turned on, signals to websites and online services that you do not want to be tracked. Our site responds to Do Not Track signals.

You may opt out of any future contacts from us at any time by contacting us through one of the methods listed at the bottom of this Policy.

In addition, you can use the contact information at the bottom of this Policy to do the following at any time:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Express any concern you have about our use of your data.
  • Have us delete any data we have about you.

Please note, however, that under U.S. law for clinical laboratories, if we performed a clinical test on a sample of your blood or other specimen from you (per request from you or your medical team), we must retain your test information.

When Metabolon acts as a controller, Metabolon offers individuals the opportunity to choose (opt in) whether Personal Data is (i) to be disclosed to a non-agent third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. Individuals will be provided with clear, conspicuous, and readily available mechanisms to exercise their choice.

For Sensitive Personal Data, when Metabolon acts as a controller, Metabolon will give individuals the opportunity to affirmatively express consent (opt in) if such information is to be (i) disclosed to a third party or (ii) used for a purpose incompatible with those for which it was originally collected or subsequently authorized by the individuals through the exercise of opt-in choice. Metabolon will treat as sensitive any Personal Data received from a third party where the third party identifies and treats it as sensitive via a Controller or Agent contract with Metabolon.  Metabolon will also treat Personal Data as sensitive as defined under GDPR for EEA/UK residents.

4. Additional Rights Available to EEA Residents

If you reside in a European Economic Area (“EEA”) member state, the UK or Switzerland, and Metabolon acts as a controller of your personal information, you have the right to request access to your personal information. You also have the right to request that we correct, amend, or delete your personal information. Your request to exercise these rights may be denied under certain circumstances, such as where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question, or where the rights of persons other than the individual would be violated. You also may object to the processing of your personal information or request that we restrict processing of your personal information.

Where the legal basis for the processing of your data is consent, you also have the right to withdraw consent at any time.  Note the processing of data prior to withdrawal of consent remains lawful

When Metabolon is a processor and not a controller, it will take reasonable steps to help the appropriate controller respond and will act on the reasonable direction of its controller customers with respect to access, erasure, rectification, or restricted processing.

You also may have the right to request that we transfer your personal information to you or to another controller identified by you. Please note that in cases where your personal information pertains to a clinical trial or similarly confidential study, we may not be able to adhere to your request, but we will work with you and the applicable controller to address your request as fully as possible.

To exercise your rights under this Section, please send your request as described in the “How to Contact Us” Section below. You also have the right to lodge a complaint about our processing of your personal information with your local data protection supervisory authority.  Contact details of the Supervisory Authorities can be found here: https://edpb.europa.eu/about-edpb/board/members_en

5. Additional Rights Available to California Residents

If you are a resident of the State of California, you are entitled under California law, including the California Consumer Privacy Act of 2018 (“CCPA”), to certain additional information about, and additional rights with respect to, our collection and disclosure of your personal information. This Section provides that additional information and describes those additional rights. This Section applies solely to consumers who reside in the State of California, and to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (“California Personal Information”). Metabolon provides this portion of our Policy to comply with our obligations in our capacity as a “Business” under the CCPA. This section of the Policy does not apply to information Metabolon collects, maintains, or discloses in our capacity as a “Service Provider” under CCPA on behalf of our clients, including medical information that we process within the clinical services that we perform on behalf of our clients. If your information has been submitted to us as part of our performance of those services and you would like to learn more about the handling of that information or exercise any rights you may have under the CCPA, please inquire with the client directly.

As used in this Policy, the term “California Personal Information” does not include:

  • Information collected as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, pursuant to good clinical practice guidelines issued by the International Council for Harmonisation or pursuant to human subject protection requirements of the United States Food and Drug Administration;
  • Publicly available information lawfully made available from federal, state, or local government records;
  • Deidentified or aggregated consumer information; or
  • Other information excluded from the CCPA’s scope, including:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA); and

5.1 Sales and Disclosures of California Personal Information for a Business Purpose

We may disclose your California Personal Information to a third party for a business purpose. In the preceding twelve (12) months, we have disclosed California Personal Information for the following business purposes:

  • Auditing related to our transactions with you, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance.
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  • Debugging to identify and repair errors that impair existing intended functionality.
  • Short-term, transient uses where California Personal Information is not disclosed to a third party and is not used to build a profile about you or otherwise alter your experience outside our current interaction.
  • Performing services on behalf of our clients, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments.
  • Undertaking internal research for technological development and demonstration.
  • Undertaking activities to verify or maintain the quality or safety of a service that we produce and to improve, upgrade, or enhance the service.
  • Other purposes noted herein, or that are reasonably necessary and proportionate to achieve the operational purpose for which we collected your California Personal Information, or for another operational purpose that is compatible.

In the preceding twelve (12) months, we have not sold California Personal Information.

5.2 Other Rights and Choices Regarding Your California Personal Information Under CCPA

You have the right to request that we disclose certain information to you about our collection, use, and sharing of your personal information over the past 12 months, including (a) the categories of personal information we collected about you; (b) the categories of sources for the personal information we collected about you; (c) our business or commercial purpose for collecting or selling that personal information; (d) the categories of third parties with whom we share that personal information; (e) the specific pieces of personal information we collected about you (also called a data portability request); and (f) if we sold or disclosed your personal information for a business purpose, two separate lists disclosing (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or a person registered with the California Secretary of State that you authorize 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.

We will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will to the extent technically feasible select a format to provide your personal information that is readily useable and should allow you to transmit the information to another entity without hindrance.

We will not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You have the right not to be discriminated against for exercising any of your CCPA rights. However, to the extent permitted by the CCPA we may offer you certain financial incentives for the collection or sharing or your personal information that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

6. How We Protect Personal Information

We take precautions to protect your personal information, including applying reasonable and appropriate administrative, physical and technical safeguards that are designed to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved and the nature of the personal information.

7. International Transfers

As part of our international operations, we may transfer personal information to any jurisdiction where we do business.  When you use our Site or services, you acknowledge that we may transfer information about you as described in this Policy. 

We will transfer your personal information for any of the purposes identified in this Policy to our subsidiaries, affiliates, and service providers that may be based outside of the jurisdiction where you are located. The laws in those jurisdictions may not provide the same level of data protection compared to the laws in your country. However, we will treat your personal information as subject to the protections described in this Policy.

When we transfer personal information from an entity based in the EEA or UK to another party located outside the EEA or UK that does not have an adequacy decision, we will rely on a legal framework that provides appropriate safeguards, which could include the standard contractual clauses, binding corporate rules, or another framework deemed adequate by the European Commission.  You can obtain a copy of the relevant safeguard by contacting us using the details in section 9: “How to Contact Us”.

8. Updates to Our Privacy Policy

We will indicate at the top of this Policy when it was last updated. We encourage you to periodically review this page for the latest information on our privacy practices. When warranted, we will try to provide additional notice of specific changes to this Policy, either by attempting direct communication with you and/or by posting on our Site.

9. How to Contact Us

To contact Metabolon with questions about this Policy, please use one of the contact methods below:

Agreement

These Terms of Use cover your use of metabolondev.wpengine.com (the “Site”) and form a legally binding agreement between you and Metabolon, Inc. (“Metabolon”). By downloading, viewing, copying, printing or otherwise accessing or using any part of the Site, you agree to these Terms of Use. If you do not agree with these Terms of Use, you are not authorized to access or use any part of the Site. These Terms of Use may be revised at any time without notice by updates to this page.

Copyright

All materials on the Site, including text, graphics, logos, icons, images, and audio and video files, are the exclusive property of Metabolon and/or its content providers and are protected by United States and international copyright laws. The overall look and feel of the Site and the compilation of all the content on the Site are also the exclusive property of Metabolon protected by copyright laws. You may download, view, copy, and print materials on the Site for personal, informational, non-commercial, internal use only, provided that you do not remove or alter any trademark or any copyright or other proprietary notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit or modify any part of the Site in any form or by any means without the prior written consent of Metabolon (including by mirroring any part of the Site). Unauthorized use of any materials on the Site may violate copyright laws, trademark laws, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.

Trademarks

Metabolon, the Metabolon logo, MetaboLync and Quantose are registered trademarks of Metabolon in the United States and various foreign countries. “Where Knowing Comes to Life”, accuGFR, Meta IMD, mLIMS, Wikiome, Surveyor, Complex Lipid Panel and Precision Metabolomics are trademarks of Metabolon. Other trademarks shown on the Site are the property of their respective owners.

Links to Other Sites

As a convenience, the Site may contain links to non-Metabolon sites. Metabolon has no control over and accepts no responsibility for the content or performance of non-Metabolon sites. Metabolon does not endorse any other companies, products or services mentioned on the Site, and a link to a non-Metabolon site does not mean that Metabolon endorses or makes any representations about that site, its performance, its content, its owner, or its owner’s products or services.

International Use

The Site may contain references to Metabolon products, services or programs that are not available in your country. Such references are not intended to announce such products, services or programs in your country. Metabolon makes no representation that access to the Site or use of any of its products or services is permitted under the laws of nations other than the United States, and access to the Site is prohibited anywhere such access would violate local law. You are responsible for compliance with all applicable laws governing your access to the Site.

Disclaimers

The information contained on the Site may contain technical inaccuracies or typographical errors. The Site and all products and services described on the Site may be changed at any time without notice. Metabolon assumes no responsibility, and will not be liable for, any damage to, or viruses or other disabling code that may infect your computer equipment, software or other property as a result of your downloading, viewing, or otherwise using the Site or any of its content, or any sites to which the Site contains a link, or their content. THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, METABOLON EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH RESPECT TO THE SITE AND ANY SITE TO WHICH THE SITE CONTAINS A LINK.

Limitation of Liability

IN NO EVENT SHALL METABOLON BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, SUFFERED AS A RESULT OF DOWNLOADING, VIEWING, COPYING, PRINTING, DISTRIBUTING, MODIFYING, RELYING UPON, OR OTHERWISE USING OR BEING UNABLE TO USE ANY PORTION OF THE SITE OR ANY SITE TO WHICH THE SITE CONTAINS A LINK, INCLUDING ANY BUSINESS INTERRUPTION, WORK DELAY, OR LOSS OF DATA, PROFITS, REVENUES OR OTHER ECONOMIC ADVANTAGE, WHETHER SUCH DAMAGES ARE CLAIMED UNDER CONTRACT, IN TORT, OR OTHERWISE, AND EVEN IF METABOLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General

You may not assign, sublicense or otherwise transfer any of your rights under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Failure by Metabolon to exercise any right or remedy under these Termsof Use does not constitute a waiver of that right or remedy. Headings in these Terms of Use are for convenience only and have no legal meaning or effect.

Please be aware that unauthorized parties may attempt to use the Metabolon name and logo, as well as the names of Metabolon employees, in emails and on websites to solicit up-front fees or to gather personal information from interested parties. These fraudulent recruiting scams may be in the form of phony job ads, job applications and offer letters that are used to convince job hunters to pay advanced fees, such as placement or processing fees, and/or submit personal information, such as social security numbers, birth dates and bank account information.

Cyber criminals may post their ads on legitimate job sites and often use familiar-looking or convincing company logos, language and links to fake websites that appear to be those of real organizations. These criminals might also seek fees for services they will never render.

During the initial recruiting process, Metabolon will not require the disclosure online, or by email, telephone or fax, of non-work related personal information such as a social security numbers, credit card numbers, dates of birth or bank account information. Metabolon also does not seek up-front fees from either prospective employees or contractors.

Emails to applicants that originate from Metabolon will end with “@metabolon.com.” Emails that do not end with “@metabolon.com” are not from Metabolon, Inc.

For more information or to report recruiting fraud, please refer to the Federal Trade Commission website, https://www.consumer.ftc.gov/articles/0243-job-scams.

Explore our careers

The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). It also addresses the transfer of personal data outside the EU and EEA areas. Metabolon has implemented a Data Governance Program in accordance with the requirements of the EU General Data Protection Regulation (GDPR) to ensure the company meets the data protection and data privacy requirements for our EU clients.