Terms of Use.
Please read the following terms of use ("Terms") carefully as they are a legal contract between you and Phamatech, Inc. ("Phamatech") and govern your use of this website ("Site"), including its functionality and any Content (defined below) and Services (defined below) offered on or through the Site.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding, legal contract with Phamatech. If you do not meet all of these requirements, you must not access or use the Site. If you are a parent or guardian and you provide consent for your child to interact with the Site, you agree to be bound by these Terms in respect of such child's use of the Site. If you are an agent acting on behalf of an institution, you agree, on behalf of said institution, that both you and the institution are bound by the
Terms, unless your institution has a separate written service agreement with Phamatech that provides otherwise.
Acceptance of Terms.
Phamatech maintains this Site for your personal, non-commercial use. Phamatech grants you a limited, non-exclusive, non-transferable license to access and use this Site in accordance with the Terms. Your access to, and use of, this Site is subject to the following Terms. These Terms shall govern your use of the Site and all of the services provided by Phamatech in connection with this Site (the "Services") and apply to all Internet traffic visiting the Site. "Services" under these Terms include, but are not limited to, the sale of remote drug and alcohol testing products. This Site, the Content (defined below), and Services are being provided to you expressly subject to these Terms. The Terms are meant to protect all of our Site visitors and by using this Site, you accept, without limitation or qualification, these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
Phamatech reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms at any time. Such modification will be effective immediately upon posting on the Site. Please check this page periodically for changes. Your continued use of the Site following the posting of changes to these Terms will evidence your receipt and acceptance of the changes to the Term.
Changes to Terms.
Phamatech reserves the right to amend these Terms at any time, for any reason, without notice to you, other than posting of the amended Terms on this Site. If we decide to update our Terms, we will post these changes on this page. All changes are effective immediately when we post them and apply to all access to, and use of, the Site thereafter. Your continued use or revisitation of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accuracy and Completeness of Information.
This Site provides you with access to certain information and related links (collectively, the "Content") solely for your personal, non-commercial use. All Content set forth on this Site is from sources regarded as reliable, but may be subject to errors or omissions.
Phamatech makes no representation, warranty, or guaranty as to the accuracy, completeness, timeliness, reliability, or availability of this information, and is not responsible for any errors or omissions (negligent or otherwise), regardless of cause, or for the results obtained from the access or use of such content. Phamatech assumes no liability or responsibility for any omissions or errors in the Content of this Site. All parties are strongly encouraged to perform their own due diligence and consult with the appropriate professional(s) before entering into any type of transaction.
Not Professional Advice; No Reliance.
The Site, its Content, and the Services DO NOT PROVIDE MEDICAL ADVICE. No Content or Services offered on or through this Site is a substitute for professional medical advice. You should always seek the advise of your physician or another licensed health care provider with any questions you may have regarding your health.
Trademarks, Copyrights, and Intellectual Property Restrictions.
This Site is operated and controlled by Phamatech. All Content on this Site, including, but not limited to text, images, video and audio clips, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (collectively, the "IP"), and is owned and controlled by Phamatech or its affiliates, or by third party content providers, merchants, sponsors, or licensors (collectively "Providers") who have licensed their content or the right to market their products and/or services to Phamatech. Content on this Site is solely for your personal, non-commercial use. No right, title, or interest in or to the Site or any Content is transferred to you, and we reserve all rights not expressly granted herein. You may request consent to copy, reproduce, republish, upload, post, transmit, and/or distribute the Content or information for a commercial use by receiving prior written consent of Phamatech. You may request written consent by e-mailing a request to Phamatech at: HYPERLINK "mailto:uverify@phamatech.com" uverify@phamatech.com. Without the prior written consent of Phamatech, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any other purpose other than personal non-commercial use, violates Phamatech's rights in the IP, violates these Terms, and is strictly prohibited.
As a condition to your use of this Site, you warrant to Phamatech that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, including, without limitation, the posting or transmitting any defamatory, libelous, inflammatory, threatening, pornographic, or profane material. If you violate these Terms, then your permission to use the Site immediately terminates without notice. Phamatech retains the right to, in its sole discretion and for any reason, deny access to the Site to anyone.
Linked Sites.
This Site may contain links to other websites ("Linked Sites"). The Linked Sites are provided for your convenience and general information purposes only. As such, you access the Linked Sites at your own risk. The content of any Linked Sites is not under Phamatech's control, and Phamatech is not responsible for, and does not endorse, such content, whether or not Phamatech is affiliated with the owners of such Linked Sites. Your access to such Linked Sites through links provided on this Site is governed by the terms of use and policies of those Linked Sites, not this Site. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your website by Phamatech.
Disclaimer of Warranties.
THIS SITE, INCLUDING ALL OF ITS CONTENT AND THE SERVICES, ARE BEING OFFERED TO YOU ON AN "AS IS," WHERE IS," AND "WHERE AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, SHARETEK, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE SITE, SERVICES, AND CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. ANY USE OF THIS SITE IS AT YOUR OWN RISK. SHARETEK MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS SITE OR COMMUNICATIONS FROM US WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SHARETEK DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. WITHOUT LIMITING THE FOREGOING, NEITHER SHARETEK NOR ANYONE ASSOCIATED WITH SHARETEK REPRESENTS OR WARRANTS THAT THE SITE, THE CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE THAT NEITHER SHARETEK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE. YOU FURTHER ACKNOWLEDGE THAT SHARETEK DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT SHARETEK IS NOT RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SITE, CONTENT, AND/OR SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Liability Limitation and Damages.
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8.1 Limitation of Liability. In no event and under no legal or equitable theory shall Phamatech or the Phamatech Parties (defined below) be liable for any direct, indirect, special, incidental, or consequential damages arising out of any use of, or inability to use, the Services or the Content contained on or through the Site, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, cost of substitute goods or services, work stoppage, accuracy of results, or computer failure or malfunction. Phamatech may present advertisements or promotional materials on or through the Site. Your dealings with any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that respective advertisement or promotion. You agree Phamatech and the Phamatech Parties are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on or through the Site.
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8.2 Limitation of Damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, THE CONTENT, OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, CONTENT, AND/OR SERVICES. IN NO EVENT WILL SHARETEK'S OR THE SHARETEK PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO SHARETEK, IF ANY, FOR ACCESSING THE SITE OR USING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
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8.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT SHARETEK HAS OFFERED THE SITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SHARETEK, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SHARETEK. SHARETEK WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Registration Information.
You may have the option to sign up through the Site to receive certain physical and electronic communications, including e-mail alerts. In submitting your e-mail and other contact information for such purposes, you agree to provide accurate, true, current, and complete information about you as requested by the registration screens. Phamatech's use of any personal data you submit to the Site is governed by the Site's Privacy Policy.
Privacy Policy.
Your privacy is important to Phamatech. Your use of this Site is subject to Phamatech's Privacy Policy. Please carefully read and understand the Phamatech Privacy Policy, which is incorporated by reference and made a part of these Terms (and which is made part of Phamatech's contract with you), for information relating to Phamatech's collection, use, and disclosure of your personal information. Among other things, our Privacy Policy explains how Phamatech treats your personal information and protect your privacy when you use our Site and Services, and explains the procedures by which you may view, update, correct, or delete personal information.
Representations and Warranties.
You warrant, represent, and agree that you will not interact with or use the Site, Content, or Services in a manner that (i) infringes, violates, or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Phamatech in violation of any applicable laws or regulations, including without limitation, applicable privacy laws; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of the Site or the Services in any way. Additionally, you represent, warrant, and agree that (i) you possess all rights necessary to provide your User Content and grant Phamatech the rights in these Terms; and (ii) you will comply with applications laws in connection with your use of the Site, Content, and Services.
Indemnification.
You agree, to the extent permissible under your state's laws, to indemnify, defend, and hold harmless Phamatech, its parent, successors, affiliated companies, contractors, officers, directors, employees, agents, and its third-party licensors (collectively, "Phamatech Parties") from and against all losses, damages, liabilities, demands, judgments, settlements, expenses, and costs of any kind, including reasonable attorneys' fees, resulting from any claim or demand made by any third-party relating to or arising out of: (i) your access to, use, or misuse of the Site or Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with applicable laws; (v) the infringement by you or any third-party of any IP, privacy, or other right of any person or entity, including in connection with your User Content; or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other user. Phamatech reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Phamatech, and you agree to cooperate with Phamatech's defense of these claims. You agree not to settle any such matter without the prior written consent of Phamatech. Phamatech will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
DMCA Notification.
We respect the rights of intellectual property holders. If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide the following information: A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site (including the exact URL); An address, a telephone number, and an e-mail address where we can contact you; A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and, Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information via mail to: Phamatech, Inc., 15175 Innovation Dr, San Diego, CA 92128, or via e-mail to: HYPERLINK "mailto:uverify@phamatech.com" uverify@phamatech.com.
Third Party Rights.
Nothing express or implied in these Terms is intended to confer any benefit upon any person other than Phamatech or the Phamatech Parties. Each of the Phamatech Parties shall have the right to assert and enforce these Terms directly against you on each's own behalf.
Assignment.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without Phamatech's prior written, signed consent, but may be assigned by Phamatech without restriction or consent of another party. Any assignment attempted to be made in violation of the Terms shall be null and void.
Choice of Law; Alternative Dispute Resolution; Jury Trial and Class Action Waiver. These Terms shall be exclusively governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of law or choice of law principles, as they are applied to agreements entered into and to be performed entirely within the State. The State of California has sufficient ties to the subject matter of the Terms to support the parties' selection of California law to govern and control the interpretation and enforcement of the Terms.
If a dispute, controversy, or claim arises under the Terms (a "Dispute") for any reason, the parties must first try to resolve it with the help of a mutually agreed-upon mediator in Phoenix, California. The cost of the mediation, other than each party's attorneys' fees, will be shared equally by each party. If the parties are unable to arrive at a mutually satisfactory solution during mediation, then the parties agree to submit any unresolved Dispute to binding arbitration in Phoenix, California under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The parties shall mutually agree upon a single arbitrator. If no arbitrator can be agreed upon, then the AAA shall appoint one. The arbitrator shall make findings of fact and law, and shall award the prevailing party its reasonable attorneys' fees and costs. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. The policies outlined herein are not intended to, and do not create, any contractual or other legal rights in or on behalf of any party under these Terms. If any one or more conditions of these Terms cannot be legally enforced, the subject condition(s) will be applied as fully as possible and the other conditions hereunder shall remain fully effective.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS YOU ARE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WAIVING YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
Any Dispute you have with respect to the Site, Content, Services, and/or these Terms must be commenced within one (1) year after the Dispute arises. Phamatech's failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Phamatech's rights with respect to such breach or any subsequent breaches.
You waive any right to assert any claims against Phamatech as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent you are permitted by law or court of law to proceed with a class or representative action Phamatech, you agree that: (1) the prevailing party shall not be entitled to recover attorneys' fees or costs associated with pursuing the class or representative action (notwithstanding any other provision of this agreement), and (2) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
Notice.
Phamatech may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, postings on the Site, or other reasonable means. Notice will be deemed given twenty-four hours after e-mail is sent, unless Phamatech is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Site are deemed given 30 days following the initial posting. Any notices directed to Phamatech shall be sent by first class U.S. Mail to Phamatech, Inc. at: 15175 Innovation Dr, San Diego, CA 92128, and also via e-mail to: HYPERLINK "mailto:uverify@phamatech.com" uverify@phamatech.com.
Entire Agreement.
These Terms contain and represent the entire Agreement and understanding between Phamatech and you, and supersede all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express Terms control and supersede any course of performance and/or usage of the trade inconsistent with any of the Terms. In the event that any inconsistencies exist between the Terms and any future terms of use or understanding published by Phamatech, the last published Terms or terms of use or understanding shall prevail.
Severability.
If any provision of the Terms or is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
General Contact Information.
For questions regarding this Site, its Content, the Services, the Terms, and/or your use of the Site, please e-mail us at: HYPERLINK "mailto:uverify@phamatech.com" uverify@phamatech.com or call HYPERLINK "tel:+1-800-943-4716" 1-800-943-4716.
PHAMATECH LABS RESERVES ALL RIGHTS, CLAIMS, DEFENSES, REMEDIES, TITLE, AND INTEREST TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS.
Privacy Policy.
Phamatech, Inc. ("Phamatech", "We", "Our") values and respects your privacy. This Privacy Policy ("Policy") demonstrates our commitment to collecting, using, maintaining, protecting, and disclosing your information fairly and responsibly. Any capitalized terms not defined herein shall have the definition provided in the Site's Terms of Service. This Policy applies to your use of this Site; any mobile, web, console, desktop and other applications you download from our Site; interactions with our advertising and applications on third party websites and services; and utilization of our Services.
The Information Phamatech Collects.
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1.1 When You Browse the Site.
Like most websites, the Site uses cookies, web beacons, log files, and similar technologies (collectively, "cookies") to collect certain information automatically and stores it in log files. This information is technical and usage information and may include information about how you use our Site and Services (e.g., the pages you view, the links you click, etc.), information about your browser and online usage patterns (e.g., Internet Protocol address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email, links clicked, etc.), and information about the device(s) you use to access the Site and Services (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the Site and Services from multiple devices). Collection of this information fulfils our legitimate interest in understanding how Site visitors use the Site, and to assist us in more effectively administering the Site and providing the Services. We also may share information about your use of our Site with our social media, advertising, and analytics partners. By using this Site, you are agreeing to us storing and accessing cookies and similar technologies on your device.You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the "help" section). If you choose to refuse, disable, or delete these technologies, some of the functionality of the Site or Services may no longer be available to you. And deleting cookies may in some cases cancel the opt-out selection in your browser. Although most browsers and devices accept cookies by default, you can usually manage settings to clear or decline cookies (for instance, by using a "private" or "incognito" mode).
To learn more about how to opt-out of ad targeting (and Targeting Cookies), you can go to the HYPERLINK "http://www.networkadvertising.org/choices/" \t "_blank" Network Advertising Initiative (NAI), the HYPERLINK "http://www.aboutads.info/choices/" \t "_blank" Digital Advertising Alliance's Consumer Choice (DAA), or HYPERLINK "http://www.youronlinechoices.eu/" \t "_blank" Your Online Choices (EDAA) if you are in the European Economic Area. If you use these tools, you will need to opt-out separately for each of your devices and for each web browser on each device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting "limit ad tracking" (iOS) or "opt-out of interest-based ads" (Android).
Phamatech may use aggregated data about our Site users and disclose the results of such aggregated (but not personally identifiable) information to our partners, service providers, advertisers, and/or other third parties for our business purposes.
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1.2 Information You Submit to Phamatech Through the Site.
The Site has several features through which you are able to enter personal information, including information defined as "Protected Health Information" under Health Insurance Portability and Accountability Act (HIPPA) laws and regulations. The personal information we may collect from you may include, but is not limited to: information that you provide by filling in forms on our Site, details of transactions (including financial information) you carry out through our Site and fulfillment of your order(s), records and copies of your correspondence (if you contact us), your responses to surveys that we might ask you to complete for research purposes, and search queries on the Site.When you fill out a form or provide information through the Site, Phamatech will use that information for the purpose for which it was collected and for other reasonably related purposes Phamatech determines are appropriate. Phamatech may provide your information to third parties for the processing of that information solely for Phamatech's benefit, but Phamatech will not provide your information to any third party for marketing purposes except in connection with information requests you make that involve third parties or in connection with events that involve presentations or sponsorship by third parties.
Phamatech's Site also provides links by which users may e-mail Phamatech. If you correspond with us by e-mail, the postal service, or other form of communication outside of the Site, we may retain such correspondence and the information contained in it and use it to respond to your inquiry; to notify you of Phamatech's presentations, publications, or other services; or to keep a record of your inquiry, request, and the like. We have a legitimate business purpose for maintaining personal information of those who communicate with Phamatech voluntarily.
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1.3 Information You Submit to Phamatech When You Utilize The Services.
If you choose to utilize our Services, you will collect the appropriate specimen sample(s) using a sample collection kit sent to you. The specimen and your information will be provided to a laboratory for the purpose of providing the Services. The laboratory will store your test results and related data as required by applicable laws and regulations. Specimens and test related data may be used or stored for regulatory compliance or healthcare operations, and de-identified for internal quality control, validation studies, and research and development purposes.
How Phamatech Shares Information with Others.
The personal information the Site collects from you is stored in one or more databases hosted by third parties in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. On occasion, we engage third parties to send communications on our behalf with restrictions on the use of personal information for other purposes. Phamatech does not send your personal information to third parties for their independent use unless: (1) you request or authorize it; (2) it's in connection with Phamatech-affiliated event co-sponsored or co-hosted by others; (3) the information is provided to comply with the law, enforce an agreement we have with you, or to protect our rights, property or safety, or the rights, property or safety of our employees or others; (4) to address emergencies or acts of God; or (5) to address disputes, claims, or to persons demonstrating legal authority to act on your behalf.
Phamatech's Site contains links to other websites, whose information and privacy practices are likely different from Phamatech's. If you choose to use these links, you will leave our Site, and will then be subject to the privacy and information practices of those websites. We do not control and are not responsible for any of their content or their privacy policies, if any. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you choose to access any of the other websites listed on the Phamatech Site, you should understand that you do so at your own risk.
Relatedly, any personal information you choose to share on Phamatech's social media pages, such as YouTube, Twitter, and LinkedIn, will be visible to persons visiting those internet-based services. Please be aware that the privacy of any personal information you choose to share on those services is governed by the privacy policies of those social media services and not by Phamatech's Policy. Phamatech reserves the right to remove comments or postings from any or all of our social media accounts which we find to be offensive or illegal, unrelated to the intended subject matter or promoting the services or products of other businesses or entities.
Where Your Information is Processed.
Phamatech is based in California. The information we collect through the Site will be processed in the United States. While the Site is accessible to users around the world, the Site does not monitor or profile the behavior of users while in their country of residence.
The Security and Storage of Your Information.
Phamatech uses commercially reasonable efforts to secure your personal information, but we cannot and do not assure that these measures will be sufficient to protect against all efforts to gain unauthorized access to the information.
Your personal data is stored on the servers of the cloud-based database management services Phamatech engages. Collected data is retained only for so long as needed to fulfill the purpose for which it was provided, or as long as is necessary to for our legitimate business purposes. Phamatech may retain your information for longer periods if required by law, or in relation to legal claims.
Sharing and Disclosure of Personal Information.
Phamatech may disclose your personal information to the following types of third parties in the following
situations:
To website/e-commerce service provides who Phamatech employs to facilitate the Site and Services. These service
providers have access to your personal information only to perform these tasks on our behalf and are obligated not
to disclose or use it for any other purpose.
To laboratories and health consultants involved in providing the Services. Phamatech may use your information and test results within our corporate organization to provide you with the Services and take actions based on your requests.
Phamatech may use your de-identified information and test results to conduct research, including developing new tests, validating technologies, and improving existing technologies and/or processes.
To a buyer or other successor of Phamatech in the event of a sale, transfer, merger, restructuring, reorganization, or dissolution of some or all of Phamatech's assets in which personal information held by us about our Site users or Services users is among the assets transferred, and you agree to, and do hereby consent to, our assignment or transfer of rights to your personal information.
Under certain circumstances your personal information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. We may be required to disclose personal information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or for public health purposes. We will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce our Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Phamatech and/or its employees, its users, its clients, and the public.
Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.
Phamatech may disclose your personal information to the following types of third parties in the following situations:
To website/e-commerce service provides who Phamatech employs to facilitate the Site and Services. These service providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
To laboratories and health consultants involved in providing the Services.
Phamatech may use your information and test results within our corporate organization to provide you with the Services and take actions based on your requests.
Phamatech may use your de-identified information and test results to conduct research, including developing new tests, validating technologies, and improving existing technologies and/or processes.
To a buyer or other successor of Phamatech in the event of a sale, transfer, merger, restructuring, reorganization, or dissolution of some or all of Phamatech's assets in which personal information held by us about our Site users or Services users is among the assets transferred, and you agree to, and do hereby consent to, our assignment or transfer of rights to your personal information. Under certain circumstances your personal information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. We may be required to disclose personal information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or for public health purposes. We will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce our Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Phamatech and/or its employees, its users, its clients, and the public.
Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.
California Privacy Rights.
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6.1 Applicability and Scope.
This section applies specifically to all visitors, users, and others who reside in the State of California, and supplements the information contained in the remaining provisions of this Policy. Phamatech adopts this notice to comply with the California Consumer Privacy Act of 2018 (CCPA).
Below is a summary of the "Personal Information" categories, as identified and defined by the CCPA, that Phamatech collects, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. While Phamatech does not generally sell the information (as the term "sell" is traditionally understood), if and to the extent "sale" under the CCPA is interpreted to include advertising technology activities (e.g., those implemented specifically for interest-based advertising), we will comply with applicable law as to such activity with regard to California residents.
We generally collect the following categories of Personal Information about you when you use Phamatech's Site or Services:
identifiers (e.g., name, address, unique personal identifier, e-mail address, phone number, and your device's IP address); commercial information (e.g., records of products or services you viewed, purchased, or obtained); Professional or employment-related information; internet or other electronic information regarding your browsing history, search history, the webpage visited before you came to the Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information; your geolocation (to the extent you configured your device to permit us to collect such information); protected classifications (e.g., race, color, ancestry, gender); health information; audio recordings of your voice to the extent you call us, as permitted under applicable law; and inferences about your preferences, characteristics, behavior, and attitudes.
For more information about the Personal Information we collect and how we collect it, please refer to the other sections of this Policy.
We collect your Personal Information for the business purposes described above, which fall within the meaning of the CCPA's use of the term. The categories of third parties with whom we may share your Personal Information are listed in the above sections.
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6.2 Privacy Rights.
You have certain rights in relation to their Personal Information.
Right to Delete. You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions. To assert your right to know or your right to delete your Personal Information, please contact us according to the "Contact" page of the Site. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. Right to Know. You have the right to request that Phamatech disclose what personal information about you it collects, uses, discloses, and sells. Right to Opt-Out/Opt-In to Sale of Your Personal Information. If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time.
These rights are subject to certain exceptions. For example, Phamatech may not disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us, or the security of our network systems.
Children's Privacy.
Phamatech's Site is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Site. Phamatech does not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site or on or through any of its features of the Site or provide any information about yourself to us, including your name, address, telephone number, email address. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us immediately.
Changes.
We reserve the right to amend the Policy at any time, for any reason, without notice to you, other than the posting of the amended Policy on this Site. If we decide to update our Policy, we will post these changes on this page. Any information collected under our old Policy will be subject to the terms of the new Policy.
Notice Information.
To request access to personal data relating to you which is processed by Phamatech, and/or if you have any queries, claims, etc. on the handling of personal information, please send an e-mail to HYPERLINK "mailto:uverify@phamatech.com" uverify@phamatech.com. Requests for notification of the purpose for which personal information will be used and/or its disclosure, correction, addition, deletion, termination of use, erasure, or termination of provision to a third party will be processed in accordance with Phamatech procedures.
Governing Law.
All disputes arising out of or relating to the Policy or the purchase, registration, or use of any Phamatech product or the Services shall be governed by California law, without regard for any conflicts of law or choice of law principles and without regard to where you access the Site or the Services.
Time Limitation to File Claims.
Any action, claim, or dispute you have against Phamatech must be filed within one (1) year, unless prohibited by applicable law. The one (1) year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within the state one (1) year period, it is permanently time barred.
Class Action Waiver.
Any action to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You will not seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims.