Privacy Policy and Terms of Service

May 2012

1. Our Service

Nutrigenomix is a University of Toronto spinoff biotechnology company that provides genetic test kits, genotyping and customized reports for personalized nutrition to health and wellness clinics with healthcare professionals (the “Nutrigenomix Service”).

Nutrigenomix provides its test kits only through healthcare professionals working in private practice or as part of a health and wellness clinic (the “Healthcare professional” or “Clinic”).

You should only receive this service through a consultation with a healthcare professional, and by agreeing to provide the Nutrigenomix service, your healthcare professional, or the Clinic on behalf of its healthcare professionals, has warranted to us that they are a healthcare professional, appropriately accredited and in good standing.

Nutrigenomix makes no warrants about its product whatsoever and does not provide any support if you have used the Nutrigenomix test kit in any way other than through a healthcare professional.

By using the Nutrigenomix service, you also represent and warrant that any saliva samples you submit to us as part of the Service are your own, that you have followed the saliva collection instructions provided by your healthcare professional and that you will not use our website or the Service for any purpose that is unlawful, unethical or in violation of these Terms.

2. Nutrigenomix is Not Medical Advice

The Nutrigenomix Service, including test results, your personalized nutrition report (Report) and any other information provided in our materials or on this website, is for information purposes only, and is not a substitute for medical advice, diagnosis or treatment.

The Nutrigenomix Service is provided through your healthcare professional. You may speak to them to discuss background information regarding your Report. However, healthcare professionals and clinics are expected to adhere to all applicable laws and professional rules and regulations concerning the provision of nutritional advice. The Nutrigenomix test kit is not a diagnostic test.

Regardless of any information contained in, related to, or given in association with your Report, you should seek the advice of a physician or other qualified health provider if you have questions regarding any medical condition, or if you are experiencing any symptoms you believe to be a medical condition. You should not ignore professional medical advice or delay in seeking it because of any information contained in your Report. You should not interpret your Report or any other information provided in relation to it as recommending any specific treatment plan, product or course of action related to a treatment for a medical condition. Always consult your physician or other qualified health provider before starting any new treatment, or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.

3. Privacy and Security of Information

Nutrigenomix takes your privacy and the security of your information very seriously. Only your healthcare professional will be able to access your genetic test results. Your Nutrigenomix test kit is marked with a unique barcode, which is what our laboratory will use to analyze your sample. Only your healthcare professional will be able to link your kit’s barcode to your personal information.

Nutrigenomix uses the Secure Socket Layer (SSL) protocol to encrypt information that is transmitted over the Internet. This technology uses 256-bit encryption, which ensures that confidential information cannot be viewed, intercepted or altered.

Nutrigenomix will store your bar-coded and anonymized DNA sample so that you will have the opportunity to be tested for additional genetic variants as new discoveries are made and the science develops. We do this so that new tests can be performed at your request without the need to collect another saliva sample and its associated costs. However, you may have your sample destroyed by sending a written request to your healthcare professional, who will inform Nutrigenomix.

Your personal genetic information will never be disclosed to a third party without your explicit written consent to do so, unless required by law.

Nutrigenomix may update our privacy and security policies and practices from time to time. We will continue to use commercially reasonable safeguards against unauthorized disclosure of or access to your genetic data or other personally identifiable information about you.

However, by agreeing to use the Nutrigenomix Service, you acknowledge that security safeguards, by their nature, are capable of being circumvented and that Nutrigenomix cannot guarantee that personally identifiable information about you will not be accessed by unauthorized people who are able to overcome such safeguards, including actions aimed at accessing information over the Internet.

You should be careful about sharing the results of your Report and any related information. Genetic information that you share with others may be used against your interests. You may wish to seek legal advice to understand the extent of legal protection of your genetic information before you share it with anybody. Genetic information that you choose to share with your physician or other health care provider may become part of your medical record and may become accessible to other health care providers or insurance. If you are asked by an insurance company whether you have learned about your genetic information and you do not disclose this to them, this may be considered to be fraud.

Nutrigenomix cannot be responsible for any personally identifiable genetic information about you that you release on your own, or that you request or authorize us to release.

4. Copyrights and Trademarks

The Nutrigenomix name and logo are trademarks of Nutrigenomix Inc. Nutrigenomix owns all of the content in its materials, including the content of this website. All content, trademarks, service marks, trade names, and products on this website and in our materials are protected in Canada, the United States and internationally. No use of any of these may be made without the prior, written authorization of Nutrigenomix Inc.

Nutrigenomix grants you a non-exclusive, non-transferable, revocable, limited license to receive our Services that you purchase from a healthcare professional, and to view and print one or more copies of your Report and a single copy of any other content obtained by you from our website, for your non-commercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices.

5. Warrants, Liability and Indemnification

Our site, Services, your Report and other content are provided on an "as is" basis, and you use them at your own risk. Nutrigenomix expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Nutrigenomix makes no warranties as to the accuracy, quality or reliability of our site, the Services, your Report or other content, or any results that may be obtained from their use, or advice based on their use.

Nutrigenomix assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on our site, Services, your Report or other content, or any advice you may receive based on these. You must evaluate and bear all risks associated with their use, including any reliance on their accuracy or completeness. In no event will Nutrigenomix, its licensors or suppliers be liable for any special, indirect, incidental, punitive, or consequential damages however caused.

You agree to indemnify, defend and hold harmless Nutrigenomix, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs and other expenses that arise from your use of our site, Services, your Report or other content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our site.

These Terms of Service May Change

Nutrigenomix may make changes to its privacy policy and terms of service from time to time. When these changes are made, Nutrigenomix will make a new copy of these available on its website.

You acknowledge and agree that if you use our Services after the date on which the privacy policy and terms of service have changed, Nutrigenomix will treat your use as acceptance of the updated privacy policy and terms of service.