3. Information Collection
At GenMark, we collect Personal Information and Non-Personal Information about you. “Personal Information” is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or household as well as inferences drawn from this information. “Non-Personal Information” is information that must be combined with other information to identify you personally.
a. Collection of Personal Information
GenMark collects Personal Information in the following general categories: personal identifiers, information in customer records, characteristics of protected classes, commercial information, biometric information, internet or other network activity, geolocation data, electronic data, professional or employment information, education information, and inferences drawn from any of the above. More specifically, we collect the following categories of Personal Information about website visitors, customers, prospective customers, suppliers and other employees or third parties:
Basic data: Name, gender, title, organization, job responsibilities, phone number, mailing address, email address, and contact details.
Special categories of data: in limited circumstances, where you have provided us with such information: religious or other beliefs, racial or ethnic origin, sexual orientation, health data and details of trade union membership.
Registration data: Newsletter requests, event/seminar registrations, dietary preferences (excluding special categories of data), subscriptions, downloads, and username/passwords.
Customer service data: invoicing details, payment history, and customer feedback.
Marketing data: Data about individual participation in conferences and in-person or on- line seminars, credentials, associations, product interests, and preferences.
Compliance data: Government identifiers, passports or other identification documents, dates of birth, beneficial ownership data, and due diligence data.
Job applicant data: Data provided by job applicants or others on our websites or offline in connection with employment opportunities.
Employee data: If you work for GenMark or one of our temporary staffing agencies or business partners (collectively “organization”), the information we collect about you may include your contact information, details of your employment and our relationship with you. This information may be collected directly from you, or provided by your organization. Your organization should have informed you that your information would be provided to us, and directed you to this Policy.
Visitor data. We collect information about visitors to our premises. We may record information on your visit, including the date and time, who you are visiting, your name, employer, contact details and vehicle registration number. If you have an accident at our premises, this may include an account of your accident.
Device data: Computer Internet Protocol (IP) address, unique device identifier (UDID), cookies and other data linked to a device, and data about usage of our websites (Usage Data).
b. Collection of Non-Identifying Information
Whenever you use our website we may collect Non-Personal Information from you, such as your IP address, zip code, browsing history, search history, and registration history, interactions with the website and Platform (“Platform” means GenMark’s customer resource center and/or instruments), quarry information, pricing data, research history, location, referring URL, browser, operating system, data usage, data transferred, and Internet service provider.
c. Anonymized Data
Please be aware that GenMark may collect and aggregate Personal Information from our website and Platform and may anonymize that information for our own research or internal purposes. Once such data has been anonymized, it cannot be traced back to you, the user.
4. How we use your Personal Information
This section explains the purposes for which the categories of Personal Information shall be used. To use GenMark’s website or Platform, you agree that GenMark may use your Personal Information:
- To respond to inquiries or complaints we use basic data, registration data, customer service data, marketing data and device
- To provide any services offered and to operate GenMark’s Website or Platform we use basic data, registration data, customer service data, and device
- To manage our business operations and customer relationships we use basic data, special categories of data, registration data, marketing data, customer service data, compliance data, employee data, job applicant data and visitor data. This processing is necessary to perform our obligations under our contracts with our customers (e.g. issuing and processing invoices) and suppliers (e.g. managing the supply of goods and services to GenMark).
- To make our websites more intuitive and easy to use we use basic data, customer service data and device data. It is necessary for our legitimate interests to monitor how our websites are used to enhance or improve your user experience and the user experience of other visitors on our
- To protect the security and effective functioning of our websites and information technology systems we use basic data, registration data, customer services data, and device data. It is necessary for our legitimate interests to monitor how our websites are used to detect and prevent fraud, other crimes and the misuse of our websites. This helps us to ensure that you can safely use our
- To provide relevant marketing such as providing you with information about events or services that may be of interest to you including services, updates, training, and conferences we use marketing data, basic data, special categories of data, registration data, customer service data, marketing data, and device data. It is necessary for our legitimate interests to process this information to provide you with tailored and relevant marketing updates and
- To address compliance and legal obligations, such as checking the identity of new customers and to prevent money laundering and/or fraud we use compliance data, basic data, registration data, customer service data, marketing data and device data. This processing is necessary for the purposes of complying with legal requirements to which we are
- To consider individuals for employment and contractor opportunities and manage on- boarding procedures we use basic data, job applicant data and compliance data. The processing is necessary for the purposes of recruitment and on-boarding and for complying with legal obligations to which we are
- For our legitimate interests in administering your visit, ensuring site security and visitor safety, and administering parking we use visitor
- To share your information with third-party partners or third parties hired by us to perform functions and provide services to us or with whom you have requested additional
information relating to their products and services we use basic data, special categories of data, registration data, customer service data, marketing data and device data.
- To process your transactions (such as sending statements, invoices, and payment reminders to you, and collecting payments from you) we use basic data, registration data, customer service data, compliance data and device
- For our business purposes, such as auditing, detecting security incidents, short-term transient use, performing services on behalf of GenMark or a service provider, internal research for technological development and demonstration, activities to verify or maintain the quality or safety of a service or device manufactured by or for GenMark, data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, or improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities we use basic data, special categories of data, registration data, customer service data, marketing data, compliance data, job applicant data, employee data, visitor data and device
- For our commercial purposes, such as inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction we use basic data, special categories of data, registration data, customer service data, marketing data, compliance data, visitor data and device
- For Contract Administration to (1) negotiate, execute, renew and/or manage a contract with you; and/or (2) communicate with you in respect of the above (including sending (legal) notifications) we use basic data, registration data, compliance data, and customer service data.
- To provide access and communications on our Platform, e.g., to (1) set-up and manage your GenMark account; (2) interact with you through our Platform (e.g. software updates, Platform announcements, etc.); and/or (3) manage and respond to your questions or comments (e.g. technical, commercial or administrative) or requests for maintenance and support we use basic data, special categories of data, registration data, customer service data, marketing data, compliance data and device
- To terminate your use of, or registration on, the Website or related services, as required by applicable law we use basic data, special categories of data, registration data, customer service data, marketing data, compliance data, job applicant data, employee data, visitor data and device
5. To Whom We Disclose Personal Information and Non-Personal Information
We do not sell, rent, release, disclose, disseminate, make available, transfer, share or otherwise communicate Personal Information we collect directly from you or about you with other businesses or a third party for monetary or other valuable consideration.
GenMark reserves the right to sell, transfer, exchange or otherwise give aggregated lists of user data which do not contain Personal Information.
Although you are disclosing your information to GenMark, GenMark shares this information with third party individuals and organizations, including service providers, contractors, web hosts, and others, to perform functions and provide services to us for which GenMark does not receive valuable consideration.
- Our Suppliers and Service Providers. We share Personal Information with suppliers and service providers to enable such parties to perform functions on our behalf and under our instructions to carry out the purposes identified above. Tasks these third parties provide include, but are not limited to, Customer Relationship Management (CRM), infrastructure, , customer intake, website hosting, finance, payment processing, order fulfillment, customer service, information technology, business analytics, marketing campaigns, and the provision of external venues where we host conferences and events. GenMark’s service providers do not further collect, sell, or use your Personal Information provided by GenMark except as necessary to perform the services specified in the contract between GenMark and the service provider, or as otherwise permitted by law. If you separately provide a service provider with your Personal Information please refer to their Privacy
- Third-Party Vendors. GenMark uses third-party vendors (such as Google Analytics) to analyze how users use GenMark’s services. GenMark may use anonymous and aggregated data collected by GenMark itself or by such third parties on behalf of GenMark to track and examine the use of GenMark’s services, to create statistics and reports for various business purposes, and to aggregate such anonymous data and share it with GenMark’s advertisers, service providers or business partners in order to offer you potentially desirable products and services; however, such data will not include information that enables such third parties to identify you individually without your permission. The Personal Information compiled in our registration databases will not be shared with any marketing firms or other third parties (other than those providing services to GenMark and that are restricted to using such information on behalf of GenMark and solely as and to the extent necessary to provide such services to GenMark) without your express
- Financial institutions: We share Personal Information with financial institutions in connection with invoicing and
- GenMark incorporates remarketing by utilizing third party vendors (such as Google) to display content-specific advertisements to visitors who have previously visited the GenMark Site and/or expressed interest in GenMark’s products when such visitors go to other websites that also incorporate similar remarketing tools. GenMark and other third-party vendors, including Google, use first-party cookies and third-party cookies together to inform, optimize and serve ads based on user’s past visits to GenMark’s website.
- Companies Involved in Merger and Acquisition Transactions. In some cases, we may choose to buy or sell assets, or merge with another entity. In these types of transactions, user data (including Personal Information) is typically one of the business assets transferred. Moreover, if GenMark, or substantially all of its assets, were acquired, user data would be one of the assets that is reviewed and transferred or acquired by a third
- Law Enforcement, Government Agencies, and Courts. We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our legal or other rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of a customer or any other person. We may also disclose Personal Information to investigate or prevent a violation by you of any contractual or other relationship with us or your illegal or harmful
Please be aware that once the information is transferred your privacy rights may change.
6. Retention of Personal Information
We typically retain Personal Information related to marketing activities for as long as you accept marketing communications from us, and we will securely delete such data in accordance with
7. Cookies and Tracking
A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time.
- Authentication: determine if a user is logged in, and then deliver the right experience and features to that unique
- Security: impose security measures on GenMark’s website and help detect unusual and suspicious
- Advertising: deliver a better advertising experience for both users and
- Performance: help GenMark’s website learn how services work for different consumers and how to route traffic between
- Analytics and Research: learn which services are most used/viewed. This helps determine what to improve, what to remove and what to leave the same. Some cookies can gather data across several websites in order to create user behavior profiles. These profiles are then used to send targeted content and advertisement to
We use the following types of cookies:
- First Party Cookies: These are cookies collected by GenMark’s website. These cookies are only used by GenMark’s site when a user
- Third Party Cookies: These cookies are used to share information with third parties such as advertisers or social media
- Session Cookies: These cookies remain active on user’s browser until
- Persistent Cookies: A user’s browser stores these cookies for a specific amount of time before the cookies expire. These are used to perform functions such as keeping a user logged in or for web analytics
- Secure or HTTP-only Cookies: These cookies help prevent malicious cross-site
8. Links to Affiliate, Partner, and other Third-Party Websites.
9. Opt-Out of Commercial, Non-Commercial Communications and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and emails. However, you may unsubscribe from certain communications by clicking on the unsubscribe link in the relevant communication or contacting us at [email protected] or calling 1.800.373.6767 and ask to speak to a privacy compliance manager.
We currently do not offer functionality for you to opt out through “do not track” listings.
10. Accessing and Editing Your Information
If you have submitted information to our website you will be unable to edit that information. When using our Platform, you are able to access, edit and delete your information via the Platform interface.
If at any time, you have any questions or wish to review or change any of your information collected by us, please contact us at [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager.
11. Permanent Deletion Requests
If you wish to have any of your Personal Information removed from GenMark’s records, please contact us. With each removal request you must list the information you wish to have deleted.
Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in removing any information requested.
As GenMark collects data from multiple sources, a single removal request may not eliminate all of your Personal Information listed in our database. Therefore, you may be required to submit multiple requests. If your information repeatedly reappears, please contact us.
You may make a removal request by sending an email to [email protected]. Please label the subject of the email with the following “Removal Request.” You may also call 1.800.373.6767 and ask to speak to a privacy compliance manager.
Where you have requested modification or deletion of your Personal Information, we may keep just enough of your Personal Information to ensure that we comply with your requests. We may also keep inaccessible copies of your information for a commercially reasonable period of time.
12. Security Measures
Reasonable security measures are defined as how a reasonably prudent company in the same or similar circumstances would behave. GenMark implements reasonable security measures to protect your data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We have implemented technical, organizational, and physical security measures in an effort to safeguard the PI in our custody and control. Such measures include:
- Restricting access to Personal Information to staff and service providers on a need-to- know basis;
- GenMark relies on firewalls, FortiNet and FortiGate for access protection, dual factor verification on VPN (F5 and Onelogin Protect for remote access), windows defender, filters for e-mail communications such as Barracuda and Sentinel, implements a policy for constantly updating servers (patching), uses ASI data center, implements physical access controls and more to protect Personal Information in our custody and control; and
- GenMark employees receive training about the importance of confidentiality and maintaining the privacy and security of your
However, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats. It is your responsibility to safeguard your passwords and User IDs and to notify us using one of the contact methods listed below if you ever suspect that your password or User ID for one of our Services has been compromised. You are solely responsible for any unauthorized use of our Services conducted via your password and User ID.
different prices than other consumers. While GenMark does not currently offer financial incentives, GenMark may, in the future, offer incentives to entice you to permit the sharing of information.
14. Age Compliance
You must be over the age of 18 to use our website and Platform.
We intend to fully comply with American and international laws respecting children’s privacy. Therefore, we do not collect or process any information for any children as defined by applicable law. If you are a child using our website or Platform, please stop immediately and do not submit any information to us. If we learn we have collected or received Personal Information from a child without verification of parental consent, we will delete that information. If you believe we might have any Personal Information from or about a child, please email us at [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager.
15. Your California Privacy Rights
Pursuant to California law, California residents may request information from us concerning: the categories and specific pieces of Personal Information we have collected; the categories of sources from which the Personal Information is collected; the business or commercial purpose for which we collect or sell the Personal Information; the categories of third parties with whom we share Personal Information; and the specific pieces of Personal Information we have collected. Within 45 days of receiving a verifiable consumer request (as defined in AB 375), GenMark will promptly take steps to disclose and deliver, free of charge to the consumer, the Personal Information required by the CCPA. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary, provided the consumer is provided notice of the extension within the first 45-day period. The disclosure shall cover the 12-month period preceding GenMark’s receipt of the verifiable request.
The information will be delivered in writing and delivered through the consumer’s account with GenMark, if the consumer maintains an account with GenMark, or by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows the consumer to transmit this information to another entity without hindrance. GenMark may provide Personal Information to a consumer at any time, but shall not be required to provide Personal Information to a consumer more than twice in a 12-month period.
You also have the right to ask us to delete the Personal Information we maintain regarding you. If GenMark receives a verifiable request from a consumer to delete the consumer’s Personal Information, GenMark will delete the consumer’s Personal Information from its records and direct any service providers to delete the consumer’s Personal Information from their records.
GenMark is not required to comply with a consumer’s request to delete the consumer’s Personal Information if it is necessary for GenMark to maintain the consumer’s Personal Information in order to: (1) Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a
business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer; (2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; (3) Debug to identify and repair errors that impair existing intended functionality; (4) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; (5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code; (6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent; (7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business; (8) Comply with a legal obligation; or
(9) Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
If you are a California resident and would like to make such a request, please submit your request in writing to [email protected] or call Toll-free: 1.800.373.6767 and ask to speak to a privacy compliance manager or visit our website at www.genmarkdx.com. GenMark will not discriminate against you for exercising any of these rights.
16. GDPR Compliance
GenMark respects the rights of persons living within the European Economic Community (EEC) and the rights afforded to them under the General Data Protection Regulation (GDPR). You have the right (subject to certain limitations) to confirm that GenMark is processing your Personal Information, to access the Personal Information we keep about you, to restrict or object to the processing of your Personal Information, and to rectify, erase, and port your Personal Information.
If you wish to exercise any of these rights, please contact us as set out below. You have the right to:
The right to be informed
GenMark wishes to keep you informed as to what we do with your Personal Information. We strive to be transparent about how we use your data.
The right to access
You have the right to access your information at any time. Please contact us at [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager if you wish to access the Personal Information GenMark holds about you.
The right to rectification
If the information GenMark holds about you is inaccurate or incomplete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. Please contact us for more information: [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager.
The right to erasure
You have the right to request that GenMark erase all your personal data. If you wish to do so, please contact our team at [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager.
The right to restrict processing
You have the right to ask GenMark to restrict how we process your data. This means we are permitted to store the data but not further process it. We will only keep enough data to ensure that we can accommodate any additional requests. Please contact our team at: [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager.
The right to data portability
GenMark must allow you to port and reuse your personal data for your own purposes across different platforms. Please contact our team if you wish to receive additional information on how to port your data elsewhere: [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager. This right only applies to personal data that you have provided to us as a data controller.
The right to object
You have the right to object to GenMark processing your data even if our processing is due to legitimate purposes as described in our Privacy Notice. If you have any objections, please contact our team at [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager.
The right to withdraw consent
If you have given us your consent to process your data but change your mind later, you have the right to withdraw your consent at any time, and GenMark must stop processing your data. If you want to withdraw your consent, please contact our team at: [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager.
GenMark is the data controller in relation to any Personal Information that GenMark processes about you and is responsible for ensuring that such processing complies with applicable data protection laws, including the European Union GDPR.
We have put in place safeguards reasonably designed to make sure your Personal Information remains adequately protected when transferred out of the EEC.
If you are in the EEA, you also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. Local data protection authorities can be accessed here:
- National Data Protection Authorities under the Article 29 Working Party (up to 25 May 2018):
- Current list of National Data Protection Authorities, members of the European Data Protection Board:
Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the Personal Information or where data may be exempt from disclosure.
If you are in the EEA and would like to exercise any of those rights, please email us at [email protected] or call 1.800.373.6767 and ask to speak to a privacy compliance manager. Provide enough information to identify yourself (e.g., name, email address, etc.); Provide proof of your identity and address; and provide the information to which your request relates.
17. International Transfer
We transfer Personal Information to jurisdictions as necessary for the purposes described above, including to jurisdictions that may not provide the same level of data protection as your home country. In particular, our website is hosted on servers in the United States. If you are located in a non-US jurisdiction, the transfer of Personal Information is necessary to provide you with the requested information and/or to perform any requested transaction. To the extent permitted by law, such submission also constitutes your consent for the cross-border transfer.
18. Use of GenMark’s Website from Outside the United States
20. Contact Information
If you have any questions or require additional information related to our information collection practices, please contact us at [email protected] or call Toll-free:800.373.6767 and ask to speak to a privacy compliance manager.