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The Response Genetics web site and related services are provided subject to these Terms of Use. Please read the following information carefully. If you do not agree to these Terms of Use, please promptly exit this site. Your use of this site will indicate your agreement to be bound by the following terms.
Welcome to responsegenetics.com (the “Site”). Response Genetics has made the Site available for the purpose of providing information about our company subject to the terms and conditions contained in this Terms of Use Agreement. Response Genetics maintains this Site from Los Angeles, CA in the United States. All content, data, information and other materials on or directly accessible from the Site are owned by Response Genetics, its subsidiaries, affiliates, and/or licensors. Any rights not expressly granted by these Terms of Use are reserved by Response Genetics and its licensors. The Site and its contents are designed to comply with United States laws and are intended for use by United States residents only. Response Genetics makes no representation that the Site, including any material contained on the Site, are appropriate or available for use by residents in any other locations. Those who access the Site from other jurisdictions are responsible for compliance with local and national laws. Nothing in the Site should be construed as a solicitation or promotion for a product or for an indication of a product that is not authorized by the laws of the country where you reside.
Although Response Genetics attempts to ensure accuracy of the Site, it makes no representations, warranties or assurances (express or implied) whatsoever as to the accuracy, correctness, or reliability of information on this Site. In the event that an inaccuracy arises, please inform Response Genetics so that it can be corrected. Response Genetics makes no representations or warranties that the information on this Site satisfies any governmental regulation, including, without limitation, any required disclosure of information. THE SITE AND ALL INFORMATION CONTAINED ON, OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FUALTS, AND “AS AVAILABLE.” RESPONSE GENETICS, ITS SUBSIDIARIES, LICENSORS, SUPPLIERS, PARTNERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the Site you hereby agree that your use of and reliance upon the site and any content is at your own risk. Response Genetics reserves the right to alter, delete or supplement the content of this Site at any time for any reason without notification to anyone. The content available on this Site, including product descriptions, is subject to change. Response Genetics does not assume any responsibility to update the content of the Site. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Response Genetics will not be liable under any theory for damages of any kind (including without limitation direct, indirect, incidental, consequential, lost profits, damages resulting from lost profits, lost data, or business interruption) or injury that may arise, in whole or in part, from the use of the Site and the information contained therein, however arising, even if Response Genetics or its representative has been advised of the possibility of such injury or damage.
The Site is for informational purposes only and does not provide any medical advice. The contents of the Site, including all text, graphics, images, information, links to other sites that may provide information and other content are provided for personal, non-commercial informational purposes only. It is not intended to be, nor should it be used as, a substitute for professional medical advice, diagnosis, and/or treatment. Please consult your physician with any questions or concerns you have regarding a medical condition.
Response Genetics®, ResponseGenetics.com® and Danenberg Tumor Profile™ are registered trademarks and ResponseDX™, ResponseDX: Lung™, ResponseDX: Colon™, Response Genetics DX™, Because Everyone Has A Different Response™ and ResponseTX™ are trademark(s) and service mark(s) owned by Response Genetics. You gain no right to use any marks of Response Genetics or any other entity by virtue of use of this Site. Except as expressly provided in this Agreement, any use of the Trademarks found on the Site is strictly prohibited. Please note that the names of the companies and products mentioned on this site may be trademarks of their respective owners.
The contents of the Site is owned or used by permission by Response Genetics and its affiliates and licensors, and is protected by copyright law, trademark law, and other intellectual property laws. No part of this Site may be distributed, modified, reproduced, published, transmitted or used, in whole or in part, in any form, by any means, electronic or mechanical, without the prior written consent of Response Genetics, except that you may view, copy, download, and print Response Genetics documents, subject to the following conditions: your use must be solely for personal or noncommercial purposes and copyright, trademark and other proprietary notices may not be removed. Except as provided in these Terms of Use, any use of these materials on any other Web site for any purpose is prohibited.
This website contains or may contain, among other
things, certain forward-lookingstatements
The information set forth on this website speaks only as of the date of its posting to the website, and as such should be considered accurate only as of such date. Response Genetics disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by applicable law.
Links to third party websites on this site are provided solely as a convenience to you. If you use these links, you will leave this website. Response Genetics has not reviewed all of these third party sites. Thus, Response Genetics does not endorse or make any representations about them, or any information or other products or materials found there, or any results that may be obtained from using them. Response Genetics has no control over the content on such third party websites, and Response Genetics does not take any responsibility or assume any liability for information contained on such sites. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
Response Genetics is committed to maintaining the privacy of your protected health information (PHI) that is provided to us. This document specifies our privacy practices, including how we use and/or disclose your PHI in compliance with the Standards for Privacy of Individually Identifiable Health Information, issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). As a covered entity, we are required to protect and maintain the privacy of all of your health information, to provide you with notice of our legal duties and privacy practices regarding PHI, and to abide by the terms of this Notice. This Notice describes our efforts to maintain your trust by following the standards for patient privacy and confidentiality set forth in HIPAA.
In order to provide you with laboratory services, we receive your health information from your healthcare provider or another laboratory that requires us to test your sample. HIPAA requires us to protect health information that identifies you, such as your name, Social Security Number, telephone number, address, etc. We protect this information regardless of the form in which we receive it (e.g., oral, written, or recorded in other media).
HIPAA allows covered entities such as Response Genetics to receive and disclose your information without obtaining your authorization, for treatment, payment, and healthcare operations. Each of these purposes is explained below.Treatment: When we receive a request for laboratory services from your healthcare provider or a referring laboratory, it contains your name, age, and other identifiable information. The disclosure of this information to us is considered treatment, as is our disclosure of the laboratory results to the referring laboratory or your healthcare provider.Payment: We may legitimately use and disclose your health information for payment purposes, for example, sending your information to health plans or insurers for payment.Healthcare Operations: We may disclose your information as part of our internal operations to maintain the high quality of our laboratory services. We may use or disclose protected health information, for instance, to assure quality, accreditation and certification, licensing, or credentialing activities.
HIPAA specifies certain other circumstances where we may legally use or disclose your protected health information without your authorization; these situations generally are for public health and safety, legal, and judicial purposes.
Except as otherwise permitted or required, we do not use or disclose your personal health information without your written authorization and then we use or disclose it only in a manner consistent with the terms of that authorization. You may revoke the authorization to use or disclose any PHI at any time, by writing to the contact person listed in this Notice, unless we have already acted under that authorization.
Under the HIPAA Privacy Standards, you have certain rights with respect to your PHI. As a clinical laboratory, Response Genetics does not, as a matter of law, deal directly with patients. Our contact for health information usually is your healthcare provider or another clinical laboratory. There may be unique circumstances in which Response Genetics responds directly to patients, but these circumstances are limited. To the extent possible and appropriate, you should contact your healthcare provider to exercise the rights listed in this Notice. We will try to accommodate requests from our healthcare provider clients, if legally permissible, and clinically appropriate to respond to your exercise of these rights, which include:Right To Inspect and Copy Personal Health Information: You have the right to request a copy of your personal information as we have received it. However, we may not be permitted to disclose test results directly to you under state law. You may ask your healthcare provider for a copy of your test results, if you wish.
We can revise or amend this Notice of Privacy Practices at any time and make the revisions effective for all personal information we receive and maintain, including any we created or received before the effective date of the revision or amendment. We will post the most recent version of this Notice on our website, at http://www.responsegenetics.com.
You may request a copy of our current Notice of Privacy Practices, by writing to the contact person on this Notice.
If you have any questions about our privacy practices or your personal health information, please contact us.
Send questions, requests, or complaints to:
Response Genetics, Inc.
Attn: Privacy Officer
1640 Marengo Street, 6th Floor
Los Angeles, CA 90033
Phone: (323) 224-3900
Fax: (323) 224-3096
Email: info@responsegenetics.com
Effective February 26, 2008
Response Genetics, Inc. is committed to protecting the privacy of those who entrust us with their personal information. This Privacy Policy includes both Response Genetics, Inc’s general Privacy Policy and our European Union- U.S. Safe Harbor Privacy Statement.
In furtherance of our commitment, Response Genetics, Inc. has certified to the Safe Harbor Agreement between the United States and the European Union, with respect to personal data received and processed as part of our human resources and clinical research activities. Accordingly, Response Genetics, Inc. adheres to the Safe Harbor privacy principles and frequently asked questions, as agreed to by the U.S. Department of Commerce and the European Commission.
This Safe Harbor Privacy Policy sets forth how Response Genetics, Inc. handles personal data, including personal data transferred from countries in the European Economic Area (EEA) to the United States, that are collected or received in managing our workforce and in conducting clinical research activities. The following terms are used throughout this document and are defined here for clarification.
The following privacy principles apply to the collection, use and disclosure of personal data by Response Genetics, Inc. in conducting clinical research and human resources activities.
Response Genetics, Inc. will inform individuals about the purposes for which we collect and use personal data about them, how to contact us, the types of non-agent third parties with whom we may share personal data, and any ways that individuals may limit the use and sharing of such data. This notice will be provided when individuals are first asked to provide personal data or as soon thereafter as is practicable.
For sensitive personal data, Response Genetics, Inc. will give an individual an affirmative or explicit (opt in) choice if the information is to be disclosed to a third party or used for a purpose other than those for which it was originally collected or subsequently authorized by the individual.
If an individual becomes aware that information Response Genetics, Inc. maintain about that individual is inaccurate, or if an individual would like to update or review his or her information, Response Genetics will provide individuals with reasonable access to personal data about them and will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate. The individual will need to provide sufficient identifying information, such as name, address, birth date, and social security number. We may request additional identifying information as a security precaution. In addition, we may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Agreement. In some circumstances, we may charge a reasonable fee, where warranted, for access to personal information.
Response Genetics, Inc. will only transfer personal data to an Agent where the Agent has provided assurances that the Agent provides at least the same level of privacy protection as is required by these privacy principles. Where we have knowledge that an Agent is using or sharing personal data in a way that is contrary to these principles, Response Genetics, Inc. will take reasonable steps to prevent or stop such processing.
Response Genetics, Inc. will only transfer personal data to a non-agent third party where consistent with the notice provided to the individuals who are the subject of the data and any consent that those individuals have given.
Response Genetics will process personal information only in ways compatible with the purpose for which it was collected or subsequently authorized by the individual. To the extent necessary for such purposes, we take reasonable steps to make sure that personal information is accurate, complete, current, and otherwise reliable with regard to its intended use.
Response Genetics, Inc. will take reasonable precautions to protect personal data from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we process. However, we cannot guarantee the security of information on or transmitted via the Internet.
Adherence by Response Genetics, Inc. to these privacy principles may be limited to the extent required to meet a legal, governmental, national security or public interest obligation.
Please contact us with any questions about the way in which we use personal data. Employees and former employees of Response Genetics, Inc., should contact us at:
Regulatory Affairs/Privacy Officer
Phone: (323) 224-3900
Fax: (323) 224-0097
Email: privacy@responsegenetics.com
All other individuals covered by this Policy should contact us at:
Attention: Regulatory Affairs/Privacy Officer
1640 Marengo Street, 6th Floor
Los Angeles, CA 90033
Phone: (323) 224-3900
Email: privacy@responsegenetics.com
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor or other applicable laws. When we do, we will also revise the “last updated”date at the top of this Policy. For material changes to this Policy, we will notify individuals by placing a notice on the following Web site: www.ResponseGenetics.Com Unless stated otherwise, our current Policy applies to all information that we have about you. We will not make material changes to our policies and practices to make them less protective of your personal data collected or processed in the past under prior policies without the consent of the affected individuals.
Effective Date: 3/27/2009