Privacy Policy

Effective Date: March 23, 2022

ACON Laboratories, Inc. (“Company,” “we,” “our,” or “us”) is committed to respecting and protecting the privacy of our users. This Privacy Policy (“Policy”), describes how we collect, use, and disclose information that we obtain about visitors to our website, https://flowflexcovid.com  (the “Site”), our COVID-19 test result reporting web application (the “Web App”) and the services available through our Site and Web App (collectively, the “Services”).

Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes.

The Information We Collect About You

We collect information about you directly from you, from third parties, and automatically through your use of our Services.

Information We Collect Directly from You. The information we collect from you depends on how you use our Services.  Information we collect may include:

• When you purchase products or use the Services, we collect contact information, such as your name, e-mail address, mailing and billing address, phone number, and payment information.
• When you create an account to use the Services, we collect contact information, such as your name, e-mail address, username, password, mailing address, and phone number. We may also collect information required to provide Services you request from us, such as your date of birth, and demographic information such as gender, ethnicity, race, and participant type.
• When you use the Services, we collect information such as whether or not you are pregnant and your COVID-19 test results. If you choose to provide it to us, we also collect information such as your temperature and whether or not you have COVID-19 related symptoms, including a cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, and new loss of taste or smell.
• We collect the information you provide us when you fill out a survey, questionnaire, or other type of form you complete through the Services.
• If you contact us, we collect records and copies of your correspondence, including e-mail addresses and other contact information.
• While you are navigating the Site or using the Services, we may also collect your search queries or information about your viewing history.
• We collect any information you choose to e-mail or communicate to us while using the Services.

Information We Collect Automatically. We automatically collect information about your use of our Services through cookies, web beacons, and other technologies. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section Our Use of Cookies and Other Tracking Mechanisms below for more information.

When you use our Services, we may collect your browser type and operating system, web pages you view, links you click, your IP address, device identifier, and geolocation information. We may also collect information about the length of time you spent visiting our Site and/or using our Services, and the referring URL, or the web pages that led you to our Site. 

Information We Collect from Other Entities.  When you use the Services, we may collect information, including personal information, about you from third-party sources, such as service providers or other third parties. Information we collect may be combined with other information we have collected about you in order to complete requests you have made or facilitate transactions you have initiated via the Services, or for other purposes, such as fraud prevention or authentication purposes.

We store the information that we receive from third parties with other information that we collect from you (like when you created an account) or receive about you (from third parties). The third-party platform controls the information it collects from you. For information about how third-party platforms may use and disclose your information, including any information you make public, please look at their respective privacy policies. We have no control over how any third-party uses or discloses the personal information it collects about you.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

• To present our Site, Web App, and their contents to you, or to provide you with access to the Services.
• To provide you with information, products, or services that you request from us.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, such as for billing and collection.
• To notify you about changes to our Services, or any products or services we offer or provide though the Services.
• To communicate with you about your use of our Services, to respond to inquiries and complaints, and for other customer service and support purposes.
• To tailor the content, information, and recommendations that we may send or display to you, to offer location customization, personalized help and instructions, and to otherwise personalize your experiences while using the Services.
• To contact you via e-mail or text messages regarding services you have requested from us.
• To verify that you meet the eligibility requirements for receiving our Services.
• To better understand how users access and use our Services, both on an aggregated and individualized basis, and for research and analytics purposes.
• To administer surveys and questionnaires, such as for market research or user satisfaction purposes.
• For research and analytics purposes, including analyzing data, identifying trends and issues and creating statistical reports, analyzing the accuracy and effectiveness of our Services, including administering, troubleshooting, and enhancing and improving the Services.
• To comply with legal obligations, as part of our general business operations, and for other business administration purposes, such as maintaining customer records, monitoring your compliance with any of your agreements with us, collecting debts owed to us, and safeguarding our business interests.
• Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, and in situations involving potential threats to the safety of any person or violations of our Terms of Use or this Privacy Policy.
• To fulfill any other purpose for which you provide the information.
• For any other purpose with your consent.

How We Share Your Information

We may share your information, including personal information, as follows:

Public Health Authorities. We offer you the option of transmitting COVID-19 test results to public health authorities through our Web App. When you choose to use this feature, we will disclose the information we collect from you to federal, state and local public health authorities, such as the U.S. Department of Health and Human Services and state and local health departments or authorities in connection with the COVID-19 public health emergency. Information we share with public health authorities may include your name, address, date of birth, COVID-19 symptoms, whether or not you are pregnant, and COVID-19 test results. When you choose to use this feature, our Web App sends your information to the relevant public health authorities through the Association of Public Health Laboratories (“APHL”) Informatics Messaging Service (“AIMS”).

Vendors, Service Providers, and Other Processors. We may disclose the information we collect from you to vendors, service providers, contractors, agents, or other processors who perform functions on our behalf. For example, we may share your information with IT services providers, data storage providers and technical support providers. We may also share your information with service providers who host our Site and Web App, analyze aggregate information about our customers, assist us in detecting and deterring fraud, security incidents, or other unlawful activity, and for other business purposes as described in the How We Use Your Information section.

Subsidiaries and Affiliates. We may disclose the information we collect from you to any current or future parent company, affiliate, subsidiary, or division.

Analytics Providers. As set forth above, we share information with analytics providers to assist us in analyzing usage of our Site and Services. Often, the information that we share is collected from you through cookies and other tracking technologies on our Site. See the section Our Use of Cookies and Other Tracking Mechanisms for more information.

We also disclose information in the following circumstances:

Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.

• In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

Aggregate and De-Identified Information. We may also use and share aggregate or de-identified information about users with third parties for marketing, advertising, research, or other purposes.

Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Flash Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve the performance of our Site and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track Signals. Please note that our Site does not recognize or respond to any signal which your browser might transmit through the so-called “Do Not Track” feature your browser might have. If you wish to disable cookies on our Site, you should not rely on any “Do Not Track” feature your browser might have. For more information about do-not-track signals, please click here.

Additional Information for California Residents

In this section, we provide additional information to California residents about how we handle their personal information, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of publicly available information lawfully made available by state or federal government records or other personal information that is exempt under the CCPA. 

Sources of Personal Information. As further described in the Information We Collect About You and How We Collect It section above, we may collect personal information from the following sources:

• directly from the individual
• data analytics providers
• internet service providers
• operating systems and platforms
• government entities

Categories of Personal Information Collected and Disclosed. In the table below, we identify the categories of personal information (as defined by the CCPA) we have collected and disclosed for a business purpose, as well as the categories of third parties to whom we may disclose such personal information. For more information about the business and commercial purposes for which we may disclose personal information (as defined by the CCPA), please see the How We Share Your Personal Information section above.

Sales of Personal Information to Third Parties. Under the CCPA, a “sale” includes disclosing or making available personal information to a third-party in exchange for monetary compensation or other benefits or value. We do not sell consumer personal information.

Right to Request Disclosure. You have the right to request, free of charge, that we disclose information about our collection and use of your personal information over the past twelve (12) months, including:

• The categories of personal information we collect about you;
• What personal information we collect, use, or disclose about you;
• The categories of sources of the personal information we collect about you;
• Our business or commercial purpose for collecting the personal information;
• For each category of personal information, the categories of third parties with whom it was disclosed; and
• The specific pieces of personal information we collect about you.

For more information on how to request information about our collection, use, and disclosure of your personal information, please see the Submitting CCPA Requests section below.

Right to Request Deletion. You have the right to request the deletion of your personal information that we collected. For more information on how to request deletion, please see the Submitting CCPA Requests below. Once we receive your request and verify your identity, we will review your request to see if an exception allowing us to retain the information applies. We will delete or de-identify personal information not subject to an applicable exception from our records and will direct our service providers to take similar action.

You do not need to create an account with us to exercise your deletion rights. We will only use personal information provided in a deletion request to review and comply with the request.

Right to Request Opt-Out of the Sale of Your Personal Information. As noted above, we do not sell personal information.

Right of Non-Discrimination. You have the right to be free from discriminatory adverse treatment for exercising these rights. We will not discriminate against you for exercising any of your CCPA rights.

Submitting CCPA Requests

Requests to Know or Delete. To exercise your rights to know or delete described above, you may submit a request by contacting us through the Contact Us section below.

Verification of Requests. Only you, or an individual legally authorized to act on your behalf, may make a request to know, delete, or opt-out related to your personal information. To designate an authorized agent, please contact us by using the contact information above.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, or that the requestor is your authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We may request information from you in order to verify your identity. Additionally, we may require that authorized agents provide proof of their authorization. We cannot respond to your request or provide you with personal information if we are unable to verify your identity, your authority to make a request on behalf of another person, or if we cannot confirm that the personal information relates to you. In general, we will verify your request and your identity by matching the information you provided with the information we have in our records.

You do not need to create an account with us to submit a request to know, or to submit a request to delete your personal information or opt-out of sales of your personal information.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Third-Party Links

Our Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of Your Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust, unique password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access Your Personal Information

You may modify or delete personal information that you have submitted through use of the Services by visiting your account profile page or by contacting us via the information provided in the Contact Us section below.

Notice Concerning Children

Our Services are not designed for children under thirteen (13). If we discover that a child under thirteen (13) has provided us with personal information, we will delete such information from our systems.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will e-mail you to inform you of any changes to this Policy. We will also post any changes to this Policy on our Site.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at:

ACON Laboratories, Inc.

10125 Mesa Rim Road

San Diego, CA 92121

Attn: Customer Support

Phone: (800) 838-9502

E-mail: flowflex_support@aconlabs.com