Terms Of Use

Terms of Service — Vitagene, Inc.
These Terms of Use are effective as of May 15, 2015. Please read these terms and conditions of use carefully before using this website.

By using this website, you signify your agreement to these Terms of Use. You must agree to these Terms of Use in order to use the Vitagene, Inc. (“Vitagene”) website. If you do not agree to all of these Terms of Use, do not use this website. These Terms and Conditions of Use govern your access to and use of the Vitagene website including, without limitation, all content such as text, information, images, video and audio (collectively, “Content”) and all services (“Services”) made available to you through the Vitagene website (this website and the Content and Services are collectively referred to herein as the “Site”) by Vitagene and/or third parties.

These Terms of Use should be read along with our research consent form on here, and all other operating rules, policies and procedures and additional terms and conditions published on our Website of which we provide you notice and all of which are incorporated by reference and govern your use of our Website and Service. Capitalized terms, if not defined in these Terms of User are defined in the Privacy Policy. This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and are maintained by Vitagene and/or its affiliates, as confidential and proprietary information to be used only in connection with these Terms of Use. This Site may provide access to additional information that may be of use to Health Care Provider and other healthcare providers. We have established the following terms which govern the use of this Site. By using this Site, you are agreeing to be bound by these terms. Vitagene may revise and update these Terms and Conditions at any time. Therefore, we encourage you to review this Site and these terms for any updates or changes on a periodic basis. Your present and subsequent use of this Site demonstrates your acceptance of these Terms of Use.


1. Medical Disclaimers
The Content available through this Site is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Vitagene does not give medical advice, nor does it provide medical or diagnostic services. Additionally, the use of the Content obtained through this Site does not establish a physician-patient relationship. Your reliance upon Content obtained by you at or through this Site is solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Site. Your reliance upon information and Content obtained by you at or through this Site is solely at your own risk. Neither we nor our Content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or Services provided to you.

2. Identification
Portions of the Site require a user identification and password to access and use. You are solely responsible for (1) maintaining the strict confidentiality of your user identification and passwords (collectively, “IDs”) assigned to you, (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your IDs, and (3) promptly informing us in writing support@vitagene.com of any need to deactivate an ID due to security concerns. We are not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use this Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.

3. Description
Vitagene makes an integrated health management platform, which combines genomic, lifestyle, family, health goals, lab work to recommend a healthier way to live in a highly-collaborative way. The recommendations come from evidence-based clinical research studies that Vitagene has reviewed and put into it overall algorithm. The action plan may include tailored supplements or other recommendations/services.

4. Payment Policy
Fees are charged for use of the Services and sale of products on the Site.

5. User Submissions — Image, Video, Audio Files
You agree to only post or upload media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person or entity. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the Vitagene Privacy Policy. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site. By uploading any media like a photo or video, (a) you grant to Vitagene a perpetual, non exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you warrant that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Vitagene to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Vitagene and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document. Vitagene reserves the right to review all media prior to submission to this Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

6. Vitagene Community and Member to Member Areas (“Public Areas”)
If you use our Public Areas such as message boards, blogs, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Vitagene and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Vitagene in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Collecting information about others, including email addresses, without their identification for posting or viewing comments; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or “spamming”; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or this Site, or which, in the judgment of Vitagene, exposes Vitagene or any of its customers or suppliers to any liability or detriment of any type. Vitagene reserves the right but is not obligated to do any or all of the following: Record the dialogue in public chat rooms; Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions; Terminate a user’s access to any or all Public Areas and/or the Vitagene Site upon any breach of these Terms and Conditions; Monitor, edit, or disclose any communication in the Public Areas; and Edit or delete any communication posted on the Vitagene Site, regardless of whether such communication violates these standards.

7. Minors Prohibited
Vitagene is for use by adults only. If you are not over 18 years of age, do not use this Site. Vitagene is committed to protecting the privacy of children. You should be aware that this Site is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.

8. Copyright, Ownership and Use
All of the Content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions is the property of Vitagene, or the suppliers of Content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. A user of this Site may only use the Content for accessing and understanding such information for individual and personal use. No one may copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in Vitagene or its third party suppliers or licensors.

9. Disclaimers
We respect the copyrights and intellectual property of third parties, and we expect the users of this Site to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Site, we request that you call it to our attention right away. Please do so by sending whatever information you have to assist us in evaluating same. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate or you have a good faith belief in same. You may send such notices to support@vitagene.com. The Content contained on this Site is provided by Vitagene or under license by third parties as a service to the users of this Site. This Site and the information, Services and materials contained on this Site are provided on an “as is” basis. You agree that the use of this Site is at your sole risk. Neither Vitagene nor any of its affiliates warrant that the information on this Site is accurate, reliable or current. Additionally there are no warranties as to results that may be obtained from the use of this Site. Rather, the information provided is for informational and educational purposes only. It is not a substitute for advice from Health Care Provider or medical professionals.

10. Intellectual Property
You agree that Vitagene (or its Content providers) owns all worldwide rights, titles and interests in and to the Site. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without the prior written approval of Vitagene. All rights not expressly granted in these Terms of Use are reserved to Vitagene. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.

11. Advertisements and Links to Other Websites
This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. Vitagene may occasionally provide links on its Site to third party websites. These links connect you with other websites which are maintained by other parties over whom Vitagene has no control. These links are provided only as a convenience to you, and Vitagene does not assume any responsibility nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, Vitagene DOES NOT, SERVICES OR WEBSITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU OR FOR THE USE IN RENDERING CARE TO PATIENTS.

12. Customer Satisfaction
Vitagene is committed to customer satisfaction. We attempt to provide access to educational information about wellness and nutritional supplementation with minimum interruption. Notwithstanding any provision in these Terms and Conditions to the contrary, you agree as follows:

Disclaimer of Warranty. This site and the information, services and materials contained on this site are provided on an “as is” basis and your use of this site is at your own risk. Vitagene and its affiliates make no warranties of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or warranties arising by course of dealing or custom of trade. Neither vitagene nor its affiliates warrant that the information on this site is accurate, reliable or current. Neither vitagene nor any other content providers make any warranty or representation, express or implied, as to the accuracy of the data from which the information is compiled or the accuracy of the information itself, nor the compatibility of the information with any hardware and systems. Vitagene also makes no representations or warranties that your access to and use of the site (1) will be uninterrupted or error-free, (2) is free of viruses, unauthorized code, or other harmful components, or (3) is secure. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site. vitagene and any third-party supplier assume no responsibility for any product, brand, method, information or services on this site in any way, and there is no warranty or any assurance that the products or services contained or described on this site will satisfy any requirements that you may have. By using this site, the user acknowledges that it is at the user’s sole risk and the user assumes full responsibility for all risk associated with use of this site. Neither vitagene nor its affiliates nor any third party supplier can be assured that the user, in using this site, has selected an appropriate service provider. Again, you should use this site for general informational and educational purposes only and should direct any further inquiries to a professional health care provider. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction. Exclusion of damages. as consideration for user’s opportunity to use the general information and processes provided on this site, user agrees that under no circumstances whatsoever will vitagene or anyone associated with vitagene or this site be liable in any way to you or any other entity for any action or inaction taken by user in reliance upon information or services provided through this site. Neither vitagene nor anyone associated with vitagene shall be liable in any event for any direct, indirect, special, consequential, incidental or punitive damages that result from or relate in any manner whatsoever to (1) your use of the site, or reliance on the content, or (2) errors, inaccuracies, omissions, defects, untimeliness, security breaches, or any other failure to perform by vitagene or its content providers. The foregoing exclusion shall apply regardless of whether vitagene has been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction. Limitation on liability. If, notwithstanding the other terms of this agreement (or any other agreement between you and us), we (or our content providers or others associated with this site) should have any liability for any loss, harm or damage, you and we (on behalf of ourselves and our content providers and others associated with this site) agree that such liability shall under no circumstances exceed $1,000. You and we (on behalf of ourselves and our content providers and others associated with this site) agree that the foregoing limitation of liability is an agreed allocation of risk between you and us (and our content providers and others associated with this site) and reflects the fees, if any, we charge you to use this site, the services and the content. you acknowledge that absent your agreement to this limitation of liability, we would not provide the site, the services or the content to you.

13. Foreign Access or Use
Vitagene operates solely in the United States. Vitagene is a corporation organized under the laws of the State of Delaware. The servers that host this Website are located in the United States, and any Personal Information you provide to us will be processed by Vitagene in the United States. By using this Service, your data will be in the United States.

14. Indemnification
You agree to defend, indemnify and hold Vitagene harmless against any losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms of Use, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.

15. Termination
Your right to access and use the Site immediately terminates without further notice upon your breach of these Terms of Use. Vitagene may terminate this agreement and/or your right to use the Site at any time, with or without cause. Vitagene reserves the right to discontinue or make changes to the Site at any time.

16. Assignment
Vitagene may assign these Terms of Use, in whole or in part, in its sole discretion. You may not assign your rights under these Terms of Use without the prior written permission of Vitagene. Any attempt by you to assign your rights under these Terms of Use without the permission of Vitagene shall be void.

17. Waiver
The waiver by Vitagene of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

18. Severability
If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect.

19. Governing Law
This Site is controlled under the laws of the State of California and the United States of America. Any claim relating to this Site or Services provided through this Site will be governed by the laws of the State of California, without giving application to the conflicts of laws provisions thereof.

20. Entire Agreement
These Terms of Use contain the entire agreement between you and Vitagene relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any Vitagene employees.

21. Miscellaneous Information
You agree to use this Site for legal and proper purposes. If you no longer agree to be bound by these Terms of Use, you agree to immediately cease use of the Site.

22. Return Policy
Cancellations may be made by reaching out to customer support at support@vitagene.com and providing your order information and reason for cancellation.

For Kit Cancellations/Returns:

You cannot cancel Kits once purchased. If there is an issue with the Kit you are entitled to a refund if a customer service representative feels that is justified.

For Supplement Subscription Cancellations:

You may cancel your supplementation order at anytime by reaching out to support. The moment the representative cancels the subscription, the system will not send out or bill any more supplements. However, in the case that a supplement order has already been sent to the supplement vendor for the upcoming shipment, you will be charged for that order.

23. Acceptance of Terms and Conditions
You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Vitagene contrary to those set forth above.

If you have any questions about these Terms of Use, the practices of this Website, or your dealings with this Website, including any bugs or actual or potential threats to the security of our Website and protection of your personally identifiable information please contact us at support@vitagene.com.

Privacy Policy

Privacy Policy — Vitagene, Inc.

1. Introduction:

A.Vitagene, Inc. (“Vitagene,” “we,” or “us”) knows that you care how Personal Information about you is collected, used, shared and stored. “Personal Information” means information that personally identifies you, including your Enrollment Information, Family History, Lab work, Health Goals, Medical History, Genetic Data, and Enrollment Form. A large portion of the Personal Information we collect, use, share, and store is sensitive in nature, including, any and all medical information for example Genetic Data & Other Personal Information.

B. This Privacy Policy explains what Personal Information will be collected by Vitagene when you use our Website: www.vitagene.com, and Service: Vitagene (the “Service”), how Personal Information will be used, and how you can control the collection, correction and/or deletion of Personal Information.

C. This Privacy Policy should be read along with our Terms of Use above (“Agreement”), and all other operating rules, policies and procedures and additional terms and conditions published on our Website of which we provide you notice and all of which are incorporated by reference and govern your use of our Website and Service. Capitalized terms, if not defined in this Privacy Policy, are defined in the Agreement.

2. Mobile Privacy:
We offer you the ability to connect with our Website, or use our applications, services, and tools using a mobile device through a mobile application. The provisions of this Privacy Policy apply to all such mobile access and use of such devices.

3. Based in the United States:
We operate in the United States. Vitagene is a corporation organized under the laws of the State of Delaware. The servers that host this Website are located in the United States, and any Personal Information you provide to us will be processed by Vitagene in the United States. By using this Service, your data will be in the United States.

4. Personal Information We Collect or You May Provide:

A. You can visit our Website without telling us who you are or revealing any Personal Information about yourself.
B. You provide us Personal Information when you register to use the Service on the Website:

1) To create an account and enroll Your name Your email address; Your physical addresses; Your telephone number(s); Your credit card information is collected by our third party payment processors. Your credit card numbers are not stored on our database or servers; Date of Birth; Gender; Unique user name and password

2) To use the Services in addition to Enrollment Information (“Genetic Data & Other Personal Information”): Genetic Data resulting from your genotyping or whole genome sequencing. Medical information which means, by way of example, your biometrics, medications, procedures, lab work and health records. Family history that includes information about you, your parents, grandparents, other relatives, siblings, uncles or children. Lifestyle information which means, by way of example, your nutrition, activities, sleep, stress, smoking/alcohol, relationship, confidential history, and environmental factors).

C. Vitagene integrates genomic and clinical data with behavioral analysis to engage patients with their Health Care Provider and help Health Care Provider create a detailed action plan uniquely suited to the patient including supplementation routines and other recommendations. You decide if and how you want to disclose your Personal Information to third parties other than your physician or medical professional.

D. We may also collect Personal Information from you as a result of your email communications with us, requests for information, products or services, your posts on our Website, completion of surveys or to apply for employment.

E. Any Personal Information you post on a community forum or the public pages of our Website are available to the public without any expectation of privacy or confidentiality. Copies may remain viewable in cached and archived pages or if other users have copied or stored this Personal Information even if you remove it. To request removal of your Personal Information from these areas of our Website, contact us info@vitagene.com.* *In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. We will respond to your request within 30 days.

F. You are required to enter your Personal Information as opposed to a third party on your behalf. You promise the Personal Information will be current, accurate and complete to your best knowledge at the time provided and will use reasonable efforts to update all Personal Information as appropriate. Vitagene disclaims any legal duty to verify the accuracy of any Personal Information you provide to us.

G. We display personal testimonials on our Website in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us info@vitagene.com.

5. How We Use Your Personal Information:
We compile, save, use and analyze your Personal Information in both a personally-identifiable form and an aggregated, non-personally identifiable form, to operate, maintain, improve, and provide to you the Service and to conduct our business. We use this information to: Register you as a user and to identify you when you sign-in to your account; Administer your account; Provide Recommendations; Respond to your inquiries, customer service requests, complaints or your job application; Verify activity as we deem necessary; Send you a newsletter or other promotional communications; Conduct research and analyze data for our business purposes and to improve our Service or customize our communications with you; Communicate with you;

6. How We Share Your Personal Information with Third Parties:

A. We will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. We do not sell your Personal Information to third parties.

B. We share: (i) Your Personal Information with your Physician or other medical professionals under your direction (ii) Your Personal Information: With business partners or service providers (e.g. credit card processors or our contracted genotyping laboratory) to process and/or store the information in order to help us provide, understand or improve our Services. These companies are authorized to use your personal information *only as necessary to provide* these services to us. As required by law, such as to comply with reporting requirements, a subpoena, or similar legal process in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity or as we believe reasonably necessary to protect or enforce our rights, protect your safety or the safety of others. With any third party with your prior consent to do so.

C. For genotyping, you will be instructed to send your saliva sample to our third-party Clinical Laboratory Improvement Amendments (CLIA) certified laboratory partner (“Laboratory”). The sample will be labeled with the unique barcode and no other identifier. To protect your privacy, receiving personnel at the laboratory will remove and discard any identifying information (e.g. name, address) included with saliva samples before testing personnel receive the samples for genotyping. Receiving personnel do not perform testing, and testing personnel only handle samples labeled with the unique barcode. DNA samples are destroyed after 25 years or until the sample is depleted. DNA belongs to the customer. Customers can request that we remove the data, but keep the DNA stored. Customers can request that we keep the data, but do not store the DNA. Customers can request that we remove the data and do not store the DNA. Vitagene acts per the customer’s instruction.

The laboratory securely sends the resulting Genetic Data to us along with your unique barcode. Genetic Data is encrypted and stored securely; the laboratory also stores your Genetic Data, but labeled only with a sample barcode.

D. Some of our pages utilize framing techniques to serve content to from our service providers while preserving the look and feel of our site, such as when you enter credit card information. Please be aware that you are providing your personal information to these third parties and not to info@vitagene.com. This Privacy Policy does not govern the privacy practices of these third parties.

E. We may also share your Personal Information in the event that the business of Vitagene is transferred to another entity by way of merger, sale of the company’s assets, or otherwise. In such event, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

7. How We Store and Protect Your Personal Information:

A. We may store Personal Information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers).

B. We use Security Sockets Layer (SSL) encryption technology to encrypt sensitive personal information (such as your Genetic Data and Profile and Vitagene login credentials) before it travels over the internet. Credit card numbers are never stored on our database or servers.

C. The security and protection of your Personal Information is important to us. We have implemented physical and technical security safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information we receive, maintain and transmit. Ultimately, security is a shared responsibility with the users of Vitagene. Protecting your Personal Information is also your responsibility. You are responsible for safeguarding your password, secret questions and answers, and other authentication information you use to access Vitagene. You should not disclose your authentication information to any third party and should immediately notify Vitagene of any unauthorized use of your password. Vitagene cannot secure Personal Information that you release on your own or that you request us to release. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us info@vitagene.com.

8. Compromise of Personal Information:
Personal Information, once released or shared, can be difficult to contain. We will notify promptly those affected by a security breach. Notwithstanding, Vitagene: (a) is not responsible or liable for any consequences that may result because you have released or shared Personal Information with a third party; and (b) does not accept liability for any unintentional disclosure or a disclosure that occurs due to a security breach of our systems or facilities.

9. User Access and Choice:

A. You may, of course, decline to submit Personal Information to us; in which case, you may not be able to use certain Services.

B. You are free to access your Personal Information by contacting our Customer Service department by email at info@vitagene.com. You can request your Personal Information be modified by sending an email to us info@vitagene.com with the words “UPDATE MY INFORMATION” in the subject line. We will not delete your Personal Information to the extent that it may be used in an aggregated, non-personally identifiable form to improve our Service. At any time, Vitagene may require you submit additional Personal Information to verify your identity or to protect your security and privacy. For your information, please note that it is our practice to monitor and in some cases record calls for staff training and quality assurance purposes. We will respond to your request within 30 days.

C. If you no longer wish to use Vitagene, you may close your account by sending a request to info@vitagene.com. When closing your account, your Personal Information will be stored in accordance with this Privacy Policy and will be used as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. In the future, your Personal Information may be used for recommendations made available through Vitagene in an aggregate, non-personally identifiable form to improve our Service. Our contracted genotyping laboratory may also retain your Genetic Information as required by local law.

10. Notification, Electronic Communication and Opt-Out:

A. You consent to our using your email address and other forms of communication to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of some Service-related communications.

B. Upon registration, or on other areas of the site, you may opt-in to receive periodic messages from us, including changes to features of the Service, newsletters, promotions and special offers. If you wish to subscribe to these emails and other forms of communication, we will use your name, email address, and/or phone number to send them to you. Out of respect for your privacy, you may choose to stop receiving our newsletter, marketing emails, or sms notifications by following the unsubscribe instructions included in these emails and notifications. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.

11. Children’s Privacy:
Vitagene is for use by adults only. If you are not over 18 years of age, do not use this Website. Vitagene is committed to protecting the privacy of children. We do not intentionally collect Personal Information from any person we actually know is under the age of 18. If we learn that we have collected Personal Information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from a child under 18, please contact us at info@vitagene.com.

12. Cookies, Web Beacons, and Other Similar Technologies
Our website uses “cookie” and “web beacon” technology. We use cookies and web beacons to identify your device, provide website user authentication, conduct fraud prevention and management services, distinguish you from other visitors, record your IP address and understand your use of our site, and identify the name of the Web site from which you linked to Vitagene. This information is used for fulfilling contracts with our business partners, and to help us serve you better by improving our website design, as well as our products, services, and promotions. We do not otherwise track any information about your use of other websites. Information obtained through cookies and web beacons may be shared with or obtained by service providers on our behalf.

A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. A web beacon is a small string of code that represents a clear graphic image and is used in conjunction with a cookie.
When you visit our website, we may use both a session and a persistent cookie. This Vitagene-placed cookie may contain information (such as a unique user ID) that is used to track your usage of our website and in some cases, your e-mail address. Your e-mail address is only saved in this Vitagene-placed cookie if you register with us. A web beacon allows us to capture certain additional types of information about a visitor’s actions on a web site, such as a visitor’s cookie number, the time, date, duration and number of page views, a description of the page where the Web beacon is placed, and details about any items that were purchased.
If you register with us, this Vitagene-placed cookie allows us to recognize you when you return to our website and provides you with access to your account information. If you save your information with or order from us, we may also use cookies to monitor and maintain information about your use of our website. If you have not saved your information with or ordered from us, we may monitor and maintain information about your use of our website in a manner that does not identify you. You can disable cookies at any time by using your browser options; however, if you turn off cookies, we will not be able to track your order or enable you to make a purchase from our website. In addition, we will not be able to recognize you as a registered user to allow you access to your account information.

13. Links to Other Websites, Blogs/Forums and Social Media Widgets:

A. Our Site includes links to other Web sites whose privacy practices may differ from those of Vitagene. When you use a link to go from our Website to another website, such as that of our payments processors, the privacy policy for the other website governs. We encourage you to carefully read and understand the privacy policy of any Website you visit.

B. Our Website may offer a publicly accessible blog. You should be aware that any information you provide in these areas may be displayed publicly and read, collected, and used by others who access them. To request removal of your personal information from our blog, contact us atinfo@vitagene.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. C. Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button. These Features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy policy of the company providing it.

C. Among the vendors whose services we employ may be companies that help us deliver online advertisements such as banner ads. These companies may collect and use information you provide to us to better understand the offers, promotions, and types of advertising that are most appealing to our customers. After the information is collected by these third parties, it is aggregated so it is not personally identifiable or tied to you or any other user. If you would prefer that these companies not collect your information, please contact info@vitagene.com.

14. English Language:
The English version of this Privacy Policy governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

15. Changes to Our Privacy Policy
We reserve the right to update, change, modify or otherwise alter this Privacy Policy at any time. If any material changes are made to this Privacy Policy, Vitagene will notify you by posting the revised Privacy Policy on the Services or notifying you through the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THIS PRIVACY POLICY. Accordingly, we encourage you to periodically review this Privacy Policy and the Services in order to keep apprised of our current privacy practices. If you do not want to be bound by this Privacy Policy, do not use or access any part of the Services. set forth in this Privacy Policy.

Contact Us
If you have concerns about this Privacy Policy or our privacy practices in general, contact us at:

Vitagene, Inc
415 Brannan Street
San Francisco, CA 94107

Consent for Research

Vitagene’s Consent for Research

Here at Vitagene, we are passionate about the future of healthcare.
We believe that by leveraging science and data, we can not only fulfill our mission of helping our members reach and maintain their own peak health, but we can also change the landscape of the healthcare industry. This is where you come in. Vitagene’s comprehensive suite of tests, lifestyle recommendations, and clinical input means that you’ll have a 360-degree picture of your health and a deeper understanding of what makes you, well, you. Learning what makes you so unique and, conversely, what makes you similar to others is not only fascinating; it’s also incredibly impactful, both for informing your personal wellness and for driving advancements in scientific research.

Our team of scientific researchers collects and analyzes data to discern trends, draw connections, and separate what’s working from what’s not. Our goal is to use these results to improve our supplement, lifestyle, and health recommendations and to help you reach and maintain the best health of your life.
As a Vitagene customer, you get the first opportunity to participate in our exciting research program. The consent form below allows you to opt-in to these studies and offers you all the basic details.

Here are a few answers to common questions:

Q: Is my privacy protected?
A: Absolutely. Your privacy is our number one priority.
All data used for research purposes is aggregated and de-identified. That means your identifying data is removed and that your remaining data is collected among many other data points and studied as a whole. None of your private information, such as name, address, or email, is associated with this aggregated data. Vitagene may use this collected, anonymous data to publish exciting scientific discoveries that result from your contribution (and others!).

Q: What happens if I opt out?
A: Your decision to join the research study or not does not impact any aspect of your Vitagene order, medical care, or relationship with your physician.

Q: Can I opt-in at a later time?
A: Yes! You may opt-in or out at any time. You can update your opt-in/opt-out status in your account settings.  Whether or not you decided to participate in the research now, or if you decide to withdraw later, your decision will not result in any penalty or loss of benefits to which you are entitled.

Q: If I opt-in, what is expected from me?
A: Nothing! Upon opt-in, there’s nothing further you need to do to contribute to this research program.

Vitagene Protocol #001: Retrospective and Prospective Analysis of Clinical, Laboratory and Interpretative Data (VITA study)

001 WIRB® Protocol # 20152041

Vitagene Inc.

Dr. Reza Malek 415 Brannan Street, San Francisco, CA 94107.

Clinical Research Coordinator 877-MYVITAGENE (9:00 am to 5:00 pm PT, Monday to Friday)

If you provide your consent, your personal data will be linked to a randomly generated number and stored in our research database. There will be no direct link between your data and any published research that may come from your participation in the study. Only members of the study staff will collect the data. The data will be kept on our secure cloud services, which will be linked to each customer only via a unique study identification number. The list linking the customer and the unique study identification number will be stored on a password-protected file.

Participation in this study involves minimal risk to participants. A potential risk to customers is the highly unlikely accidental disclosure of Protected Health Information (PHI). However, all research staff have been trained on Standard Operating Procedures (SOP’s) to guide appropriate use and disclosure of PHI. Since this is only a chart review, we do not anticipate any direct risks to the customers.

This study is unrelated to your personal medical history or any related health treatments. Your condition(s) may not get better or may get worse during this study.

You will be told about any new information that might change your decision to be in this study. You may be asked to sign a new consent form if this occurs.

You will not benefit directly from your participation in this research. Customers may benefit from improvements that are made to the Vitagene supplement recommendation database as a result of this research. Additionally, customers may indirectly benefit from any discoveries made from any published research that is generated from the data we use for research.

There are no costs directly related to participation in this study.

You will not be paid for being in this study.

This is not a treatment study. Your alternative is not to be in this study.

Vitagene will pay for any costs associated with this research study.

Contact Vitagene at 877-MYVITAGENE (24 hours) for any of the following reasons:

  1. If you have any questions about your participation in this study
  2. If you have questions, concerns or complaints about the research
  3. If you have questions about your rights as a research subject

If you have questions, concerns or complaints about the research, you may contact:

Western IRB
1019 39th Avenue SE Suite 120
Puyallup, Washington 98374-2115
Telephone: 1-800-562-4789 or 360-252-2500
E-mail: Help@wirb.com

WIRB is a group of people who independently review research. WIRB will not be able to answer some study-specific questions, such as questions about appointment times. However, you may contact WIRB if the research staff cannot be reached or if you wish to talk to someone other than the research staff.

I have read this consent form (or it has been read to me). All my questions about the study and my part in it have been answered. I freely consent to be in this research study.

I authorize the release of my medical and research records for the purpose of this study. By signing this consent form, I have not given up any of my legal rights.

What information may be used and given to others?
The study staff will receive your personal and medical information. For example:

  1. Genetic information
  2. Research records
  3. Blood work information
  4. Lifestyle data
  5. Any information from fillable forms during the registration process
  6. Any additional fillable forms or information you provide to us during your time as a Vitagene customer

Your Credit card information, home address, and phone number will not be included as part of the research record.

Who may use and receive information about you?
The study doctor and the study staff may use your information. The research team may also use your anonymous research information for published studies in the future. The sponsor of this research may receive information about you. “Sponsor” means any persons or companies that are: working for or with the sponsor, or owned by the sponsor. Your information may also be given to: Western Institutional Review Board® (WIRB®).

Why will this information be used and/or given to others?

  1. To do the research
  2. To study the results
  3. To assess if the research was done right.

If the results of this study are made public, information that identifies you will not be used.

May I review or copy my information?
Yes, but only after the research is over.

May I withdraw or revoke (cancel) my permission?
You may withdraw or take away your permission to use and disclose your health information at any time. You do this by sending written notice to the study doctor. If you withdraw your permission, you will not be able to stay in this study. When you withdraw your permission, no new health information identifying you will be gathered after that date. Information that has already been gathered may still be used and given to others.

Your participation in this study may be stopped at any time by the study doctor or the sponsor without your consent for any reason, including:

  1. If it is in your best interest
  2. If you do not consent to continue in the study after being told of changes in the research that may affect you

This permission will be good until December 31, 2060.

California law, under Health & Safety Code Section 24172, requires that anyone who is asked to be in a research study (medical experiment), or who is asked to agree for someone else to be in a research study, has the right to know the following, in a language in which the person is fluent:

  1. Both the nature and reason for the research study or experiment.
  2. What will happen during the research study, and what drug or device will be used.
  3. Any expected discomforts and risks from taking part in the research.
  4. Any possible benefits to being in the research.
  5. The risks and benefits of any non-experimental medical procedures, drugs, or devices that could be used instead of being in the research.
  6. How research related complications will be treated during and after the research study is over.

Questions can be asked about the research and about anything that will be done during the research study. The research subject can stop taking part in the research study at any time for any reason without penalty or loss of benefits. No one can pressure, force or unduly influence any person to take part in research.

WIRB California Experimental Subject’s Bill of Rights 051310

No purchase necessary. To be eligible, an entrant must be 18 years of age or older and reside in the U.S. or its territories. Employees of Vitagene, its parents, subsidiaries, affiliates, advertising or promotional agencies and members of their families are not eligible to participate. Entry constitutes permission to use entrant’s name, voice, likeness or quotes without further permission. By entering the sweepstakes, entrants agree to be bound by these official rules. VITAGENE is not responsible for incorrect, faulty or misdirected email transmission or inaccurate entry of information due to human error, technical malfunction of any network, computer or software or any other cause. Vitagene reserves the right to terminate the promotion and award the prize in a random drawing from all eligible entries in the event that the promotion is compromised in any way.

To enter, “follow” Vitagene’s Instagram page (@Vitagene) and comment on the appropriate giveaway post (marked GIVEAWAY). To enter without “following” Vitagene’s Instagram page, send an email to support@vitagene.com.

Entrants who “follow” Vitagene’s Instagram page and those who send an email to enter have an equal chance of winning. One entry per person per day during the duration of the promotion. If selected, winners must provide a non-PO Box address to ship their prize to. The promotion period is January 22nd, 2018 to January 26th, 2018.

On or about January 26th, 2018, ten (10) winners will be randomly selected. The winners will be announced on Vitagene’s Instagram on or about September 24th, 2017, and may also be used on Vitagene’s social media sites and Vitagene.com.

Should the winners be unable to be contacted within 5 days of this date or is ineligible, an alternate winner may or may not be selected. The winners will be awarded a DNA testing kit (retail value of $99.00) The merchandise will be shipped to the winner within 5 days of notification and acknowledgement. Should a winner be unable to be contacted within 3 days of the drawing, fail to acknowledge the prize or be otherwise ineligible, an alternate winner may or may not be selected.

By entering the sweepstakes, entrants agree to accept and be bound by all terms of these Official Rules. VITAGENE is not responsible for incorrect, faulty or misdirected email transmissions or inaccurate entry of information due to human error, technical malfunction of any network, computer or other equipment or software or any other cause. VITAGENE reserves the right to terminate the promotion and award the prizes in a random drawing from all eligible entries received prior to termination in the event that the promotion is compromised in any way.

INFORMATION YOU PROVIDE. We may collect and store any personal information you enter on our online Services, provide to us by phone, furnish to our customer service department, or give to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date, or other financial information). We also may request information about your interests and activities, your gender and age, your opinion about products and services that we offer, and other demographic information. We may also use third parties to collect information on our behalf to provide on any of our online Services.

Except where prohibited, entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforcement of these Official Rules, or the rights and obligations of entrants and VITAGENE and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this sweepstakes, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Florida and entrant hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. Except where prohibited, by participating in this sweepstakes, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this sweepstakes, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Such jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above my not apply to you.

The odds of winning depend on the number of eligible entries. Taxes are the sole responsibility of the winners. Void where prohibited. Prizes are not transferable. All applicable federal, state and local laws apply. The promotion is in no way sponsored or endorsed by Facebook. All contest determinations will be made by VITAGENE and will be final.

For a winner’s list, send a self-addressed stamped envelope to VITAGENE INSTAGRAM GIVEAWAY, 415 Brannan St, San Francisco, CA, 94107.