Efunctional Privacy Statement

What Information is Collected

We collect personal information when you use our Site and our Products and Services. Personal information is any information that relates to you and that you have provided to us which identifies you personally such as, your name, mailing address, telephone number, email address, or any other information defined as “Protected Health Information” under HIPAA laws and regulations.

The types of personal information that we may collect include, the information you provide to us, information collected automatically about your use of our Site, information from third parties, including our business partners.

Information Voluntarily Provided

We collect information when you purchase our Products and Services, when you phone our Support Team, or otherwise contact us for support. This information will include name, gender, contact information, billing address, delivery address, and any further information you volunteer to provide to us.

Information that you provide by filling in forms on our Sites to purchase our Products and Services. This includes information provided at the time of registering and creating an Account. We collect and process data concerning your health, including samples, test information, or any other information we might receive from you, a medical practitioner, your insurance company, or accredited laboratory. When you activate a service or product we will collect and process information relating to your personal health as well as a suitability questionnaire to confirm that the Product or Service is appropriate to your needs.

If you choose to utilize our Services, you will collect the appropriate biological sample(s) using a sample collection kit. The sample and your information will be provided to a Lab for the purpose of providing the Services. The Lab will store your test results and related data as required by applicable laws, regulations, and College of American Pathologists (“CAP”) accreditation standards. Samples 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 internal research and development purposes.

We collect and maintain your contact details when you communicate with us, sign up for promotional material, or connect with us through social media. If you contact us by email, we may keep a record of that correspondence. If you make a request with regard to the handling of your Personal Information, we may retain information regarding the request and any actions we take or correspondence we provide in response such request.

When you visit our Site through a social media service, we may collect personal information that you or the platform make available to us on that page or account, including your social media account ID, or username associated with that social media service, your profile picture, email address, friends list and any information you have made public in connection with that social media service. The information we obtain depends on your privacy settings on the applicable social media service. By your visiting our Site by way of a social media service you are authorizing Efunctional to collect, store, and use such information and content in accordance with this Privacy Statement.

We collect the following website and device information about you as you use as our Site:

Details of your visits to our Site, such as traffic data, location data, logs and other communication data and the resources that you access and use on the Site. And Information about your computer and internet connection, including your IP address, operating system, and browser type, but not limited to the aforementioned.

Use of Information

We will only use your personal information as described in this Privacy Statement to help us customize, provide, improve, operate, support, and market our Products and Services as well as other purpose described in this Privacy Statement. The purposes for which we may use your personal information include:

• To provide you with our Products and Services.
• Contacting you regarding the administration of any features or functions of the Site or Services you have registered to use.
• To receive, review, store and communicate your Test information to you.
• To provide you with results.
• Providing you with notices about your Account, including expiration and renewal notices.
• Carrying out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
• Notifying you about changes to our Site, our policies, terms or any products or Services we offer or provide through it.
• Sending you marketing and promotional emails.
• Responding to your questions or other requests.
• Tailoring your experience on the Site.
• Saving your user account, registration and profile data or other personal information.
• For research, marketing, and promotional purposes and to provide anonymous reporting for internal and external clients and business partners.
• To identify your information for service improvement, product quality improvement, research, operations.
• To fulfil any legal obligations and legal requirements, for example regulatory reporting to health agencies, or retaining certain tax and accounting records for financial reporting.
• Improving and enforcing our security measures.
• Maintaining legal and regulatory compliance.
• Enforcing compliance with our terms and conditions and policies.
• For any other purpose disclosed to you prior to you providing us your Personal Information or which are reasonably necessary to provide the Services or other related products and/or services requested.
• To contact you about our own and third parties’ goods and services that may be of interest to you.

We do not engage in sale of Personal Information, and only share Information where required to support in the delivery of our Products and Services or as described in this Privacy Statement.

Storing Information

The Information that we collect from you may be transferred to and stored with an Accredited Laboratory or any supplier of data processing and/or data hosting services. We are a global company and rely on globally located Information systems providers to host and process your Personal Information. Where we make international data transfers, we ensure these have a legal basis, are subject to appropriate privacy and security protections, and that they are consistent with any agreements we have with you.

Disclosure and Sharing Personal Information

Your Personal Information may be provided as necessary to the following categories of recipients:

• Website / e-commerce Service Providers. We may employ other companies and individuals to facilitate our Site and Services to provide the Services on our behalf, perform Service-related services or assist us in analyzing how our Site and Services are used. The 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. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• Labs and Health Consultants. We may disclose your information to the Lab(s) and Health Consultants involved in providing you Services. Upon your request, we may disclose your information to others involved in your care, including your healthcare providers, the health system or clinic where your provider practices, and other providers that you designate to receive your information.
• Research and Development. We may use your de-identified information and test results in our research. We may engage in research with third parties like universities, hospitals, health systems, government institutions, or private companies to develop new tests, validate technologies, or improve existing technologies or processes.
• Within Our Corporate Organization. We may share your personal information with our subsidiaries and affiliates in order to provide you with the Services and take actions based on your requests.
• Third Party Advertisers. In certain circumstances we may share your personal information with third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• Consent. We may disclose your personal information for any purpose with your consent.
• As Required by Law. We may retain, preserve, or disclose your Personal Information if we have a good-faith belief that it is reasonably necessary to (i) respond, based on applicable law, to a legal request (such as a subpoena, a search warrant, court order, or other request from government or law enforcement); (b) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; (c) protect our rights, property, or safety; (d) enforce the agreements we have with you; (e) prevent physical injury or other harm to any person or entity, including yourself and members of the general public. For example, your IP address may be supplied to regulatory authorities in connection with fraud or other formal investigation; (f) or for public health purposes, including reporting COVID-19, HIV, and certain sexually transmitted disease results to public health regulatory bodies

Retaining Personal Information

We retain your Information in our server logs, our databases, and our records, to the extent permitted by law, for as long as necessary to provide our Products and Services. In some cases we may retain some of your Information for a longer period to the extent permitted by law, where we have a legitimate business interest to do so, such as to contact you to provide you with relevant Information about our Products and Services or to maintain your account with us, and in order to comply with our legal or regulatory obligations, or to resolve disputes or defend against legal claims, or to enforce our Terms of Use.

If you delete your User Content from the Sites, copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Content, is governed by our Terms of Use.

Choices and Rights Regarding Personal Information

You have several choices and may have certain privacy rights regarding your Personal Information, including the Personal Information collected from you on our Site and Apps. To exercise your privacy rights or to submit a question, you can email us at [email protected].

Depending on which U.S. state you reside in or access our Products and Services from, you may have certain privacy rights related to your Personal Information. These may include without limitation:

• Right to access Personal Information, and/or obtain a portable copy of it.
• Right to correct or amend Personal Information.
• Right to request deletion of your Personal Information.
• Right to request a restriction on or opt out of the ways in which your Personal Information may be used.
• Right to opt out of any automated decision making.

California Resident Privacy Rights

This section is applicable to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, 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.

California residents have the right to request that we disclose what Personal Information we collect, use, and disclose. This is called the "Right to Know". Under the Right to Know, you can request a listing of the types of Personal Information we have collected about you, the sources of that Information, how we use the Information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and businesses with whom we share Personal Information, and the specific pieces of Personal Information that we have collected about you.

If you would like the above Information, contact Information is at the bottom of this section.

We generally collect the following categories of Personal Information about you when you use our Site or Services:

• Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
• Protected classifications, such as gender;
• Commercial information such as records of products or services purchased, obtained, or considered by you;
• Health information;
• For business purposes such as operational purposes and as described above;
• Internet or other electronic information regarding your browsing history, search history, the webpage visited before you came to our 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 have configured your device to permit us to collect such information;
• Audio recordings of your voice when you call us, as permitted under applicable law;
• For more information about the Personal Information we collect and how we collect it, please refer to the aforementioned Sections of this Privacy Statement.

California customers have rights in relation to Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot 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.

Right Against Discrimination - You have the right not to be discriminated against for exercising any of the rights described in this section. You will not be discriminated against for exercising your right to know, delete or opt-out of sales.

Right to Know - You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.

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. For example, if we cannot verify your identity, if the law requires that we maintain the Information (e.g., in case of certain tests) or if we need the Information for internal purposes such as ongoing research. If we deny your request, we will explain why we denied it, treat your request as an "opt-out" of the sale of Information (as described in our Notice of Right to Opt-Out), and delete any other Information that is not protected from deletion.

To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Information” section below. 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 to Opt-Out of Selling. As described in this Privacy Statement, in certain situations we may share your Personal Information with our partners, third parties or affiliates for our marketing or other purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident you have the right to opt-out of such sharing. If you would like us to no longer share your Personal Information in this way, please email [email protected] If you opt-out, we may be unable to offer you some of our Services which require sharing of Personal Information.

In addition, California Civil Code Section § 1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable). To make such a request, please send an email or write to us (see Contact Information below).

Children's Privacy

We are committed to protecting the privacy of children as well as adults. A parent or guardian may create an account for, and provide information related to, his or her child who is under the age of 18. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides is kept secure and that the information submitted is accurate.

Governing Law

All disputes arising out of or relating to the Privacy Statement or the purchase, registration, or use of any Efunctional Product or Services shall be governed by Florida law regardless of where you access the Sites or the Services, and notwithstanding any conflicts of law.

Contact Information

To exercise your rights, request additional information, or to contact us, please email: [email protected] or reach out to us at: 888-271-1717

Efunctional 2180 SW 71st Terrace Davie FL 33317

Changes to Privacy Statement

From time to time, we may make changes to this Privacy Statement. Any changes we might make will be posted to this page, so please check back regularly to see if there have been any updates or changes to this Privacy Statement.