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Terms of Use

Terms of Use

-Effective: August 26, 2019 – Last Modified: August 26, 2019-

 

Legal Notice, Terms of Use, Online Privacy Policy and Notice of Privacy Practices of Protected Health Information

 

Legal Notice

By accessing and/or downloading materials from Biodesix®, Inc.’s (“Biodesix”) website (Biodesix.com) (the “Site”) you agree to the terms of this Legal Notice, Terms of Use, and Online Privacy Policy. If you do not agree to these terms, you are not authorized to use the Site or to download any materials from the Site.

Terms of Use

No Unlawful or Prohibited Use

  • As a condition of your use of the Site, or its content, you agree not to: Use the Site for any purposes other than to access information offered by Biodesix;
  • Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the license granted herein or any Materials;
  • Impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
  • Delete the copyright or other proprietary rights on the Site;
  • Use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extend that such activity is expressly permitted by applicable law notwithstanding this limitation; or
  • Intentionally interfere with or damage operation of the Site or any other user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

 

Ownership/Proprietary Rights

The Site is owned and operated by Biodesix. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), abstracts, videos, press releases, news releases, and all other elements of the Site provided by Biodesix (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the property of Biodesix and/or third-party licensors. Biodesix hereby grants you a nontransferable, nonexclusive license to use the information and other Materials contained on the Site solely for your own personal, non-commercial use and information. You may download and/or print a single copy of the of the Materials contained herein for your personal use. You shall not otherwise reproduce, display, publish, distribute, sell, license, modify, publicly perform, transmit, publish, edit, adapt, create derivative works from, or incorporate the Materials into other documents, websites, or publications or make unauthorized use of Materials.

 

Trademarks

Unauthorized use of any Biodesix trademark, service mark, or logo may be a violation of federal and state trademark law. Biodesix products, service marks, and logos referenced by the Site are trademarks or registered trademarks of Biodesix in the United States and other countries. Other trademarks, products, service marks, or logos are the property of their respective owners.

 

No Medical or Professional Advice Provided

The medical information contained on the Site is presented for the purpose of general education for the public regarding cancer, cancer genomics and proteomics, cancer diagnostic testing, personalized cancer care, genomic research and other general information concerning Biodesix. No information provided on the Site is intended to constitute medical advice, instruction for medical diagnosis, or instruction for medical treatment. Any information provided on the Site should not be considered complete, nor should it be relied on to suggest a diagnosis or course of treatment for a particular individual. Information received from the Site should not be relied upon for personal, legal, technical, or financial decisions. Information received from the Site should not be used in place of the consultation or advice of a physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified health care provider promptly. The information contained on the Site is compiled from a variety of sources. Biodesix does not directly or indirectly practice medicine or render medical advice.

 

No Warranties

Biodesix makes no representation or warranty about the suitability, reliability, availability, timeliness, completeness, or accuracy of the information, services, or related graphics contained on the Site for any purpose. All such information, services, citations, references and related graphics (“Content”) are provided “as is” without warranty of any kind. To the fullest extend permitted by law, Biodesix, it’s officers, directors, employees and agents disclaim all expressed or implied warranties and conditions with regard to the Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

Limitation of Liability

In no event will Biodesix be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any claim for lost profits or lost data arising out of or in any way connected with the use or performance of the Site or the Content, or with any delay or inability to use the Site, whether arising in contract, tort, negligence, strict liability, or otherwise, even if Biodesix as been advised of the possibility of damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

Indemnification

You agree to indemnify, save, and hold Biodesix, its affiliates, contractors, employees, agents and its partners, licensors, and suppliers harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site and/or Materials, any violation by you of these Terms of Use or any breach of representations, warranties, and covenants made by you herein. Biodesix reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Biodesix, and you agree to cooperate with Biodesix defense of these claims. Biodesix will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

Links to Other Web Sites

The Site may contain hyperlinks or references to websites, owned, operated, or controlled by other parties. Biodesix does not endorse, warrant, or guarantee the products, services, or information described or offered on other parties’ websites and is not liable for any damages or injury arising from such content. Biodesix does not control the content of other parties’ websites and provides these links as a convenience only. Accessing any other website is undertaken at your own risk, and Biodesix is not responsible for the completeness, accuracy or reliability of any information, data, opinions, advice or statements made on these websites.

 

Updates

The information and Services included in or available through the Site may include inaccuracies or typographical errors. Biodesix may make revisions, improvements, and/or changes to the Site at any time without notice and expressly disclaims any obligation to update such information. Biodesix may revise these Terms of Use at any time without notice. Certain provisions of these terms may be modified or superseded by legal notices or other terms located on particular pages within the Site. You are responsible for regular review of these Terms of Use.

Contact

If you have any questions about Biodesix Terms of Use, please contact [email protected].

 

Online Privacy Policy

The materials on the Site are provided by Biodesix as a service to its customers and general public and shall be used for informational purposes only. This Online Privacy Policy applies when you use any Site, mobile application, or other online service (collectively, the “Services) that links to or refers to this Online Privacy Policy.

 

 

Information Biodesix Collects

 

User-Provided Information

You may provide what is called “personally identifiable” information when using the Services. For example, Biodesix may collect your name and email address when you submit your information through “Contact” functionality. While you are not obligated to provide Biodesix this personal information, your ability to use certain Services or features may be limited if you do not.

Information Collected When Using Services

When you use the Services, Biodesix collects information about your use of the Services, including device information (such as IP address, device identifiers, operating system) and usage information (such as time and duration of use, interaction with content, information stored in cookies or similar technologies), including through the use of cookies, web beacons and other tracking technologies. You may modify your cookie settings by visiting your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that disabling cookies may prevent you from accessing some of the functionality and Services.

Information From Third-Party Sources

We may receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you.

 

How Biodesix Uses Information

 

To Provide and Manage the Services You Request and Better Understand Biodesix Users
This includes as an example, enabling you to participate in features provided by the Services. Biodesix may also use the information it has gathered to better understand and serve users and to improve our services.

Contacting you
Biodesix may use your personal information to respond to questions you submit via the Services or to communicate with you regarding news, updates, or marketing materials. You may opt out of receiving commercial email messages from us by following the instructions in those emails.

To Protect the Rights of the Services and Others
Biodesix may use your information as it believes necessary or appropriate to protect, enforce, or defend the legal rights, privacy, security, safety, or property of the Services, its employees, or agents, or other users and to comply with applicable law.

 

Sharing Information

 

Service Providers
Biodesix relies on third parties to perform a variety of services, such as providing data analysis. To do so, Biodesix may need to provide your information to those third parties.

When Required by Law or As Necessary to Protect Biodesix Services
Biodesix may share information when it has reason to believe that doing so is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with the rights or property of Biodesix, other visitors, or anyone else that could be harmed by such activities. Biodesix may share your information where required or permitted by law or legal process.

In Connection with a Corporate Transaction
Biodesix may transfer information collected on the Services in the event that Biodesix sells or transfers all or a portion of its business or assets to a third party in connection with a corporate transaction or bankruptcy.

Other Information Sharing
Biodesix may use or share information about you with third parties with your consent. Biodesix may also provide to third parties information that is not directly identifiable to you, such as information that has been aggregated.

 

Online Tracking

 

Cookies, Web Beacons, and other Tracking Technologies
Biodesix and third-party service providers that provide content or functionality of the Services may use cookies and similar technologies to facilitate administration and navigation on the Services, to improve the Services, and to provide you with a customized online experience. Cookies are small files that are placed on your computer when you visit a website. They enable you to be recognized as the same user across one or more browsing sessions. Most browsers accept cookies automatically but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu. Disabling cookies may interfere with the proper functioning of the Services.

Third Parties that Provide Content or Functionality
When you use our Services, third party service providers may collect or receive certain information about you and/or your use of the Services, including through the use of tracking technologies. These third parties may use your information consistent with their own privacy policies. Some of these companies participate in industry-developed programs designed to provide consumers choices regarding targeted advertising.

 

Other Important Information

 

Updates to Online Privacy Policy
Biodesix may modify this Online Privacy Policy from time to time. Please look at the Effective Date at the top of this Online Privacy Policy to see when it was last revised. Any changes to this Online Privacy Policy will become effective when they are posted.

Linked Services
The Services may link to sites operated by third parties or offer content developed and maintained by third parties. Biodesix is not responsible for the privacy practices of these third parties.

Children’s Privacy
Biodesix does not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. If Biodesix learns that a child under the age of 13 has provided us with personal information, Biodesix will take the appropriate steps to delete the information.

California Privacy Rights
California residents are entitled, once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. Biodesix does not share personal information with third parties for their own direct marketing purposes.

International Visitors
Personal identifiable information collected related to the Services may be stored and processed in the United States and by using the Services you consent to any such transfer of information outside your country.

Commitment to Data Security
Biodesix uses commercially reasonable physical, managerial, and technical safeguards to preserve integrity and security of your personal information. Biodesix cannot ensure or warrant the security of any information you transmit to Biodesix and you do so at your own risk. Upon receipt of your transmitted information, Biodesix makes commercially reasonable efforts to ensure the security of its systems. This is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.

 

Use of Personally Identifiable Information

 

Information submitted to Biodesix through web forms or e-mails will be managed according to Biodesix Privacy and Security policies.

 

Contact

If you have any questions about our online privacy practices, please contact us:
Biodesix, Inc.
2970 Wilderness Place, Suite 100
Boulder, Colorado 80301
[email protected]

 

 

NOTICE OF PRIVACY PRACTICES OF HEALTH INFORMATION POLICY

 

Biodesix uses Protected Health Information (“PHI”) to deliver medical information to physicians to assist them in the treatment of their patients.

THIS NOTICE OF PRIVACY PRACTICES DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

Biodesix is committed to obtaining, maintaining, using and disclosing patient PHI in a manner that protects patient privacy. Biodesix urges you to read this Notice of Privacy Practices of Health Information Policy (“Notice”) to understand both Biodesix commitment to the privacy of your PHI and your rights.

Biodesix is required by law to maintain the privacy of your PHI and to provide you with a notice of Biodesix legal duties and privacy practices with respect to PHI. This Notice describes how Biodesix may use and disclose your PHI to carry out treatment, payment or health care operations and for other specified purposes that are permitted or required by law. The Notice also describes your rights with respect to your PHI. PHI is information about you, including basic demographic information, that may identify you and that relates to your past, present and future physical or mental health or condition and related health services.

Biodesix is required to follow the terms of this Notice. Biodesix will not use or disclose your PHI without your permission, except as described in this Notice. Biodesix reserves the right to change its practices and this Notice as and to the extent permitted by law and to make a new Notice effective for all PHI we maintain. Upon your request, we will provide with a copy of the revised Notice.

Your PHI may be used and disclosed for treatment, payment, healthcare operations and other purposes permitted or required by the Health Insurance Portability and Accountability Act. If Biodesix wishes to use or disclose your PHI for other purposes, Biodesix will obtain your authorization. Biodesix may use or disclose your PHI without specific authorization or permission for certain purposes, including:

Treatment
Biodesix may use your PHI to provide and coordinate the treatment and services you receive. As an example, Biodesix may use your information provide your diagnostic tests results to your physician.

Payment
Biodesix may use or disclosure your PHI to others for the purpose of billing and receiving payment for services that you have received. As an example, Biodesix may submit a claim to your health insurer that includes information that identifies you and the type of services Biodesix performed.

Health Care Operations
Biodesix may use or disclose your PHI in order to support the operations of its laboratories and monitor, evaluate and improve the quality of the services they provide, and for other internal management purposes. An example of this may be providing your PHI to evaluate the services our laboratories provide.

Communication with Individuals involved in Your Care or Payment for Your Care
Biodesix may disclose to a family member, other relative, close personal friend or any other person you have identified, PHI directly relevant to that person’s involvement in your care or payment related to your care.

PHI of a Minor
As permitted by federal and state law. Biodesix may disclose PHI about minors to their parents or guardians.

Business Associates
Some services provided by Biodesix are provided through contracts with business associates (e.g. mobile phlebotomists), and Biodesix may disclose your PHI to our business associates so that they can perform the job Biodesix has asked them to do. To protect your PHI, Biodesix requires our business associates to enter into agreement to appropriately protect your PHI.

Public Health
Biodesix may disclose, as required by law, your PHI to public health or legal authorities charged with preventing or controlling disease, injury, or disability.

Law and Law Enforcement
Biodesix may release PHI if required to do so by a Federal, State or local law, or by a request from a law enforcement official and the individual agrees to the disclosure:

  • In response to a court, grand jury or administrative order, a subpoena, a warrant, a summons or similar process;
  • To identify or locate a suspect, fugitive, material witness, or missing person; and
  • About an actual or suspected victim of a crime.

If Biodesix is unable to obtain the individual’s authorization (i.e. about a death), in limited circumstances the information may still be disclosed.

Health Oversight Activities
Biodesix may disclose your PHI to an oversight agency for activities authorized by law. These oversight activities include audits, investigations, and inspections necessary for licensure and for the government to monitor the health care system, government programs and compliance with civil rights laws. As an example, Food and Drug Administration may come in and review records.

Judicial and Administrative Proceedings
If you are involved in a lawsuit or a dispute, Biodesix may disclose your PHI in response to a court or administrative order. Biodesix may also disclose your PHI in response to a subpoena, discovery require, or other lawful process by someone else involved in the dispute, but only if efforts have been made, either by the requesting party or by us, to tell you about the request or to obtain an order protecting the PHI requested.

Research
Biodesix may use and disclose your PHI for internal and external research proposes to, among other things, develop and improve our testing services and products. Biodesix may disclose your PHI to organizations that support medical research or that find, investigate or cure diseases. Biodesix may also disclose your PHI in connection with the publication of clinical research or studies in peer reviewed journals or for medical and societal presentations, or disclosure to publicly available databases. To do this, Biodesix will use standard de-identification practices to de-identify your PHI before it is disclosed or obtain your consent to do so.

De-Identified Information
Biodesix may use your PHI to create information that is de-identified. This means that information that can be used to identify you is removed. There are specific rules under the law about what type of information needs to be removed before information is de-identified. Once the information has been de-identified as set forth by the rules, it is no longer subject to this policy, and Biodesix may use it for any purpose without any further notice or compensation to you.

Coroners, Medical Examiners, and Funeral Directors
Biodesix may release your PHI to a coroner or medical examiner. This release may be necessary to identify a deceased person or determine the cause of death. Biodesix may also be requested to disclose PHI to funeral directors to enable them to carry out their duties as required by applicable law.

Organ or Tissue Procurement Organizations
As required by applicable law, Biodesix may disclose PHI to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of organs for the purpose of organ or tissue donations.

Personal Representative
Biodesix may use or disclose your PHI to your personal representative or to an administrator, executor or other authorized individual associated with your estate as required by applicable law.

Correctional Institution
In the event you are an inmate of a correctional institution, Biodesix may disclose to the institution or its agents PHI that is necessary for your health and the health and safety of other individuals.

Serious Threat to Health or Safety
Biodesix may use or disclosure you PHI when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.

Military and Veterans
In the event you are a member of the armed forces, Biodesix may release your PHI as required by military command authorities.

Specialized Government Functions
Biodesix may disclose your PHI to units of the government with specialized functions such as the United States Department of State in response to requests as authorized by law. Biodesix may disclose to the Secretary of State of the Health and Human Services for HIPAA Rules compliance and enforcement purposes. Biodesix may disclosure your PHI to Food and Drug Administration (“FDA”) regulated entities for purposes of monitoring or reporting the quality, safety or effectiveness of FDA regulated products, or to participate in product recalls.

Victims of Abuse or Neglect
Biodesix may disclose your PHI to a government authority if it reasonably believes you are a victim of abuse or neglect. Biodesix will only disclose this type of information to the extent required by law, if you agree to the disclosure, or if the disclosure is allowed by law and Biodesix believes it is necessary to prevent serious harm to you or someone else.

 

Other Uses and Disclosures of PHI

 

Biodesix will obtain your written authorization before using or disclosing you PHI for purposes other than those described previously, including uses and disclosures of PHI for marketing purposes and disclosures that would constitute a sale of PHI. You may revoke this authorization in writing at any time. Upon Biodesix receipt of the written revocation, Biodesix will cease using or disclosing your PHI, except to the extent that Biodesix has already taken action on reliance on the authorization.

Biodesix is required by law to notify you if Biodesix discovers a breach of unsecured PHI, unless we can demonstrate, based on a risk assessment, that there is a low probability that the PHI was compromised. If a breach happens, Biodesix will notify you as soon as possible, and no later than is required by law, after we learn of the breach. Biodesix will notify you what occurred and what you can do to mitigate any potential harm.

 

 

Your Health Information Rights

 

Copy of Notice
You may request a copy of Biodesix current Notice at any time from Biodesix Privacy Officer.

Restriction Requests
You have the right to request additional restrictions on our use or disclosure of your PHI for treatment, payment or health care operations activities, or to individuals involved in your care, by sending a written request to Biodesix Compliance Officer. Biodesix is not required to agree to those restrictions, unless the disclosure is not required by law and you have paid for the service in full out of your own pocket.

Amendments
If your PHI that Biodesix maintains if incomplete or incorrect, you may request that Biodesix amend it. You are required to send a written request to Biodesix Privacy Officer to request an amendment. Please include a reason that supports your request. Biodesix may deny your request for amendment in certain instances.

Accounting Disclosures
You have the right to receive an accounting of the disclosures Biodesix has made of your PHI. This right is subject to certain exceptions, restrictions, and limitations. To request an accounting of your PHI disclosures, please submit a request in writing to Biodesix Privacy Officer. Your request must specify the time period for which you would like an accounting. This time period may not be longer than 6 years. A shorter period may apply for some disclosures.

Communications of PHI by Alternative Means or Locations
You have a right to request to receive communications of PHI by alternate means or at alternate locations. To request confidential communication of your PHI, please submit a request in writing to Biodesix Privacy Officer. Your request must state how or where you would like to be contacted. Biodesix will accommodate all reasonable requests.

To Request Additional Information or Report a Problem
If you have further questions or would like more information about Biodesix privacy practices, please contact

Biodesix, Inc.
Privacy Officer
2970 Wilderness Place
Suite 100
Boulder, Colorado 80301

If you believe your privacy rights have been violated, you can file a complaint with Biodesix Privacy Officer or with the United States Secretary of Health and Human Services. There will be no retaliation for filing a complaint.

 

Changes to this Notice

 

Biodesix reserves the right to change this Notice and to make the provision in its new Notice effective for all PHI it maintains. If Biodesix changes these practices, Biodesix will publish a revised Notice on its website.

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