Moss genomics

MOSS GENOMICS INC. TERMS AND CONDITIONS

Effective Date: April 04, 2022

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PRODUCT, WEBSITE OR SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE OR THE SERVICE.

 

These Terms and Conditions (“Terms”) govern your (“you” or “user”) access to and use of the, products, services, programs, websites (including, www.mossgenomics.com (the “Website”), software applications and any other part, section, trial, and/or component (including knowledge gained) (collectively, the “Service”) provided by Moss Genomics Inc. (“Moss Genomics,” “we,” or “us”). These Terms do not alter in any way the terms or conditions of any prior written agreement you may have with Moss Genomics. By subscribing to or otherwise using the Service or accessing any content or material that is made available by Moss Genomics through the Service, you agree to be bound by these Terms.

Please note that some features of the Service may be provided under additional and separate legal agreements. If that is the case, when you first participate in or use this service, you will be provided an opportunity to review and agree to the terms that govern this service. If there is a conflict between these Terms and the specific terms of service for a particular service, the specific, applicable terms will apply.

Use of the Service

In order to use the Service, you must (a) be at least 18 years old or above the legal age of majority to form a binding contract in your country of residence, whichever is greater; (b) be a person not barred from receiving the Service under the laws of the country of residence from which you use the Service; or (c) if you are below the legal age majority in your country of residence, only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Term and who has submitted to Moss Genomics the proper parental/guardian consent forms. Some Moss Genomics features associated with the Service are not offered to minors under the age of 13 or 18, even with parental/guardian consent. In such cases, Moss Genomics restricts Registration of those services or features for anyone below the age of 18, and you agree not to use such services or features or cause such services or features to be used by anyone below the age of 18.

Due to limitations imposed by law in certain locations, use of our Service or certain features, add-ons, and specific components of Service may not be available to users in all geographic locations.

Registration

To access and use the parts of the Service you may have to set up an account. To set up an account you must be of legal age in your province of residence and provide a valid email address. You are responsible for all activities occurring through your account, including any password misuse or any unauthorized access, so it is important that you keep your account information confidential and secure. Accordingly, you must treat any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures as confidential, and you must not disclose your account credentials to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you, and you agree not to provide any other person with access to it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session.

Your provision of your personal information constitutes your consent to our collection, use and disclosure of this information for the purpose of providing the Service through this Website to you, and for consistent purposes.

Right to Change/Modify

Moss Genomics reserves the right to change or modify these Terms or any policy or guideline incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting or communicating of the revisions through the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies from time to time to understand the terms and conditions that apply to your use of the Website or Service.

Right of Refusal

Moss Genomics reserves the right to refuse to provide Service or access to the Website to any customer and/or potential customer and shall not be required to be provide a basis for such a decision to the customer.

Intellectual Property

The Service (including the Website), and all designs, text, graphics, pictures, material (physical and digital), videos, information, data, and software contained in or comprising the Service (including the Website), except for the User Content (as defined below) (collectively, the “Materials”) are the property of Moss Genomics or Moss Genomics’ licensors and are protected by Canadian and international copyright, trademark laws, patent, and other intellectual property laws.

Limited License

Moss Genomics grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and the Materials. This license shall remain in effect until and unless terminated by you or Moss Genomics. You promise and agree that you are using the Service and any of the Materials for your own personal, non-commercial use and that you will not redistribute or transfer the Service or any of the Materials.

Sample Testing

Moss Genomics offers a host of products and services (hereinafter, “Products”) available for order on its Website. These Products and the representations regarding the same are subject to these Terms. Moss Genomics’ Products include an opportunity for you to submit various samples which may include one or more of stool, blood, saliva, cheek swab, and/or urine, using test kits provided by Moss Genomics (hereinafter, “Sample”). ANY SAMPLE, ONCE SUBMITTED TO MOSS GENOMICS IS ANALYZED AND PROCESSED IN AN IRREVERSIBLE MANNER AND NO SUCH SAMPLE MAY BE RETURNED TO YOU AFTER ITS SUBMISSION. FURTHERMORE, NO REFUND WILL BE GIVEN ONCE A USER’S SAMPLE HAS BEEN SENT FOR SEQUENCING.

You understand and agree that you transfer and assign all right and title to that Sample after submission of the same and the information derived there is property of Moss Genomics and/or its assignees.

Moss Genomics may not be able to process your Sample and the laboratory process may result in errors. The laboratory may not be able to process your Sample if your Sample does not contain a sufficient volume of DNA, you do not provide enough of a Sample, or the results from processing do not meet our standards for accuracy.

If the initial processing fails for any of these reasons, Moss Genomics will reprocess the same Sample at no charge to the user. If the second attempt to process the same Sample fails, Moss Genomics will offer to send another kit to the user to collect a second Sample at no charge.

If the user sends another Sample and Moss Genomics' attempts to process the second Sample are unsuccessful, Moss Genomics will not send additional Sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to Moss Genomics, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service.

You should not expect nor are you entitled to any financial benefit as a result of submission of your Sample. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any self-reported information that you have done so voluntarily and that you acquire no rights in any research or commercial products that may be developed by Moss Genomics or its collaborating partners and waive any rights you may acquire by operation of law. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Sample or information you provide to Moss Genomics.

Jurisdictional Statement

Moss Genomics does not represent that the Products and Materials, or the Service in general is appropriate or made available for use outside of Canada.

Recognizing the global nature of the online Service, you agree to comply with all local rules regarding doing business online, specifically, you agree (i) that submitting your Sample to Moss Genomics is not subject to any export or import ban or restriction in the country of your residence; (ii) that your Sample and personal information may be transferred and/or processed outside the country in which you reside; and (iii) that you will comply with all applicable laws regarding the transmission of technical information exported or imported from Canada or the country from which you access the Service online.

Conditions of Use

When you register for an account, you must (a) provide accurate and complete information, and (b) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password will be your responsibility.

In using the Service, you agree not to engage in any of the following activities: (a) any resale or commercial (non-personal) use of the Service, Products or the Materials therein; (b) the distribution, public performance or public display of the Service or any of the Products or Materials; (c) any modification or derivative use of the Service, Products, or the Materials, or any portion thereof; (d) any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service; (e) the download (other than page caching) of any portion of the Service, Products, or the Materials, or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Moss Genomics’ servers or computer systems or to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service; (g) the collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Service, or the use of communication systems provided by the Service for any commercial solicitation purposes; (h) the use of any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; or (i) any use of the Service, Products, or the Materials other than for their intended purpose.

User Content

Some features of the Service may include functionality enabling you to post content, such as profiles, notes, messages, photos, and videos (“User Content”) that may be made available to Moss Genomics and/or other users of the Service. Moss Genomics has the right to refuse any User Content. You agree that Moss Genomics, at its sole discretion, has the right to screen, reject, or remove any User Content, or any portion thereof, posted using the Service that infringes Moss Genomics’ or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable.

Moss Genomics reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Moss Genomics has the right to suspend or terminate the Service at any time without preserving your User Content. In using the Service, you agree not to post any User Content that (a) is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (f) contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; (g) in the sole judgment of Moss Genomics, may expose Moss Genomics to any harm or liability of any type; or (h) harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

By posting User Content, you grant Moss Genomics and its affiliates a perpetual, irrevocable, worldwide, royalty-free, freely transferable, and sub-licensable (through unlimited levels of sublicense) non-exclusive right to use, reproduce, modify, transmit, publish, display, distribute, and create derivative works of such User Content for purposes of delivering the Service to you and other users of the Service. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) distribution of the User Content you supply in accordance with your direction does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.

All rights are reserved to Moss Genomics. You may not modify, copy, reproduce, republish, upload, transmit, broadcast, sell or distribute in any way any material from this website or Products without express written permission from Moss Genomics. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of Moss Genomics.

You agree that you will not, and will not assist or enable others to use the Website: (a) to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person or entity, or otherwise interfere with use of the website; (b) in violation of these Terms or any applicable law; (c) to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, link to, or in any way exploit the Website or Website content except as expressly authorized by Moss Genomics; or (d) to mine, record or gather information about other users.
Moss Genomics may terminate or suspend your account and/or ability to use the Website or any part of the Service, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind.

Charges and Billing

Moss Genomics charges a fee for certain Products. You must provide a valid credit card number when you order a Product. You represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the Product ordered by you. All charges are exclusive of sales and other taxes, and you are responsible for payment of any applicable taxes (other than taxes on Moss Genomics income). We reserve the right to accept or reject orders for any reason. Price and availability of Products are subject to change without notice (unless you have purchased an ongoing subscription to a Moss Genomics Product, in which case the subscription price paid by you for such service shall apply during the term of such subscription). You agree that any payment submitted by you for Moss Genomics Products is submitted on behalf of yourself, without expectation of any reimbursement by third-party payers.

Moss Genomics will not submit any information provided by you for reimbursement or payment from private insurance carriers or any other third-party payers. Moss Genomics may offer paid service plans which provide for ongoing Products over a specified period of time (for example, quarterly or annually). Any such plan shall automatically renew at the end of the stated service period (and again at the end of any subsequent renewal period) at the then-current renewal price until cancelled. Please note that Moss Genomics may provide refund(s) for current service plans or enrollments at its sole discretion regardless of when you cancel your account before the current service period expires. In addition, you may be responsible for paying any balance due on the account when you cancel. You agree that we may charge any unpaid fees to you through the payment method you provided during registration, and/or we may send you a bill for such unpaid fees. Moss Genomics will not provide a refund once a user’s Sample is sent for DNA sequencing and/or analysis.

[NTD: Company to confirm billing practices]

Copyright Policy

Moss Genomics respects the intellectual property rights of others and expects users of our Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are provided to us in accordance with applicable law. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send us a notice with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Moss Genomics s will also terminate a user’s account if the user is determined to be a repeat infringer. Please use the following contact for notice of alleged copyright infringement appearing in connection with the Service is:
Submit via Email: privacy@mossgenomics.com

By Mail: Moss Genomics Inc., 907 – 1030 West Georgia Street, Vancouver, BC, V6E 2Y3, CANADA

Attn: Karl Cahill, CEO

Breach

You represent and agree that you are solely responsible for and Moss Genomics has no responsibility to you or to any third party for any breach of your obligations under these Terms, Privacy Policy, and other terms you have agreed to, and you are held solely liable for the consequences (including any loss or damage which Moss Genomics and their licensors or 3rd parties may suffer) due to any such breach or violation of these Terms. In case of violation of any one or more of these terms, representations, conditions, and policies, or Moss Genomics has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Moss Genomics has the right to suspend or terminate your Account, refuse any and all current or future access to and use of the Service, and seek injunctive relief, monetary damages, and other remedies available in law and equity. In addition, Moss Genomics is entitled to and you agree to defend and indemnify Moss Genomics and its affiliates against any claims, costs, damages, or liabilities (including but not limited to reasonable attorney’s fees and court costs Moss Genomics may incur) arising out of or resulting in your breach, violation or actions as specified above.

Cookies

Our Website uses cookies (“Cookies”). A Cookie is a small data file that we may place on your device to store and sometimes track information about you. We use Cookies to save your user authentication credentials. These Cookies are persistent, which means these Cookies are not deleted automatically when you quit our browser.

By using the Website, you are consenting to the use of Cookies as described above. You can set your browser to notify you before you receive a Cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off Cookies. If you do, however, some areas of the Website may not function adequately.

We also use Google Analytics, which uses Cookies to track visitors who use our Website. Google Analytics collects visitor data in an anonymous fashion, meaning that it tracks Website usage and reports website trends on an aggregate basis without identifying individual visitors. We will use this Google Analytics information as aggregate data to help us maintain and improve this Website. However, you can opt out of Google Analytics without affecting how you visit our Website. For more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

Third-Party Websites

For your convenience, this Website may provide links to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

You may not frame our Website must not be framed on any other site, nor may you create a link from any other Website to any part of our Website other than to our homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Privacy Policy

The Moss Genomics’ Privacy Policy (“Privacy Policy”), found here: Privacy Policy, describes how Moss Genomics collects, uses, discloses and protects your personally identifiable information, including any protected health information, in connection with the Service. The Privacy Policy is hereby incorporated by reference into these Terms and your acceptance of the Terms shall constitute your acceptance of the Privacy Policy, available here.

Warranty Disclaimer

THE SERVICE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT AND DISEASE OR ILLNESS. THE SERVICE AND THE INFORMATION ON MOSS GENOMICS WEBSITE IS PROVIDED FOR EDUCATIONAL, INFORMATIONAL, AND ENJOYMENT PURPOSES ONLY WITH THE UNDERSTANDING THAT MOSS GENOMICS IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION AND IS NOT TO BE USED FOR THE DIRECTION OF OR CARE OF INDIVIDUAL PATIENTS UNLESS OTHERWISE EXPLICITLY SPECIFIED OR AGREED.

THE SERVICE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOSS GENOMICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. MOSS GENOMICS DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, MOSS GENOMICS MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICES. MOSS GENOMICS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE MOSS GENOMICS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, MOSS GENOMICS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE.

BY SUBSCRIBING FOR ANY PARTICULAR SERVICE OR PURCHASING ANY PRODUCT AND AGREEING TO THESE TERMS, YOU AGREE THAT ANY PRODUCTS, UPON RECEIPT BY YOU, ARE CONSUMED ONLY BY YOU AND YOU WILL NOT PERMIT, SHARE, OR ALLOW ANYONE OTHER THAN YOU TO CONSUME THESE PRODUCTS. FURTHER, YOU AGREE THAT MOSS GENOMICS IS NOT LIABLE FOR ANY MISUSE OR MIS CONSUMPTION OF THE PERSONALIZED PRODUCTS YOU RECEIVE FROM MOSS GENOMICS.

ANY STATEMENTS ON MOSS GENOMICS WEBSITE, PRODUCTS, SERVICE, OR PACKAGING HAVE NOT BEEN EVALUATED BY HEALTH CANADA. MOSS GENOMICS PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

ANY INFORMATION CONTAINED HEREIN, OR ON MOSS GENOMICS SERVICE IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENT OR MEDICATION.

Limitation of Liability

IN NO EVENT SHALL MOSS GENOMICS OR ANY OF ITS CORPORATE AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM MOSS GENOMICS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOSS GENOMICS’S SERVICE OR MOSS GENOMICS’S RECORDS. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF MOSS GENOMICS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAID FOR THE SERVICE, IF ANY, TO MOSS GENOMICS FOR ACCESS TO OR USE OF THE SERVICE IN THE MONTH PRECEDING THE MONTH IN WHICH THE ACT OR OMISSION GIVING RISE TO THE CLAIM. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MOSS GENOMICS, SUCH AMOUNT SHALL BE ONE HUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SPECIFIED ABOVE, AND THEREFORE, DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.

YOU AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOSS GENOMICS AND YOU.

Indemnity

To the maximum extent permitted by applicable laws, you agree to defend, indemnify, and hold harmless Moss Genomics and its respective subsidiaries and affiliates, and each of their respective directors, officers, members, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns, both former and present, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees (including reasonable attorneys’ fees, or damages from any claim or demand made by any third-party due arising out of or relating to (i) your access or use of the Website, the Materials, the Products, or the Service generally, (ii) your violation of these Terms, or (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity.

Dispute Resolution

All disputes arising out of or in connection with these Terms and any policies or agreements incorporated by reference, or in respect of any defined legal relationship associated herewith or derived therefrom, shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of the ADR Institute of British Columbia. The appointing authority shall be the ADR Institute of British Columbia. The case shall be administered by the ADR Institute of British Columbia in accordance with its arbitration rules. The place of arbitration shall be Vancouver, or, if agreed to between the parties, any other location in the province of British Columbia.

Waiver of Jury Trial and Class Action Suits

BY ENTERING INTO THESE TERMS, YOU AND MOSS GENOMICS ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

Applicable Law

These Terms any policies or agreements incorporated by reference will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms that cannot be, or has failed to be, settled by arbitration pursuant to the clause above, will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Severability

If any provision these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be enforced only to the extent it is enforceable and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

Assignability

Neither party may assign these Terms without the written consent of the other and any attempt to do so shall be void, except that these Terms may be assigned as part of a merger or acquisition of substantially all of the assets or stock of the assigning party.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Moss Genomics.

Waiver

No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

Force Majeure

If the performance of any part of these Terms by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

Entire Agreement

These Terms constitute the complete and exclusive statement of the agreement between the parties with respect to the use of the Service and any acts or omissions of Moss Genomics, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties with respect to the subject matter thereof.

PRIVACY POLICY

Last Updated: April 04, 2022

Moss Genomics Inc. and its affiliates and subsidiaries (“Moss Genomics”, “we” or “us” or “our”) respect your privacy and are committed to protecting it by complying with this policy. This policy applies to our website: www.mossgenomics.com (“Website”) and services offered through our Website.

Moss Genomics offers personalized health, anti-aging and wellness products guided by genomic, microbiome, and epigenetic data. For example, we analyze gut microbiota balance to understand food intolerance, right eating habits, nutritional supplements to develop better balance. We also use genetics to analysis to understand your genetic health risks and wellness factors such as genetic weight, deep sleep, drug metabolism and lactose intolerance. Our services necessarily require the collection of certain personal information and this policy sets out our policies, procedures, and safeguards regarding the personal information we collect.

What Is Personal Information?

Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person.

Scope of this Policy

This policy describes:

· how we collect, use, disclose, and protect the personal information of our customers, and website users (“you, or “Client”);
· the types of information we may collect from you or that you may provide when you visit the Website or use our services;
· the purposes for which we collect, use, and disclose your personal information; and
· our practices for collecting, using, maintaining, protecting, and disclosing that information.

Moss Genomics is based in Vancouver, Canada and this policy has been designed to comply with Canadian privacy laws.

This policy applies to information we collect, use, disclose or process about you:

· on or through our Website; · when you use our services;
· in email, text, and other electronic messages exchanged between you and Moss Genomics either directly or through any part of our Website; and
· when you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Our Website is hosted by Amazon Web Service (“AWS”) and because the Website is operated on the Cloud based infrastructure, AWS may collects certain personal information about you as an “End User” of the AWS site, as described in the AWS privacy policy. Information collected by AWS is subject to AWS’s privacy policy, available at: https://aws.amazon.com/compliance/privacy-features/

[NTD: Company to confirm hosting platform]

This policy DOES NOT apply to information that:

· we collect offline or through any other means, including on any other website or third-party website (other than emails, texts and electronic messages that we may exchange with you); or
· you provide to or is collected by any third party, through any application or content (including advertising) that may link to or be accessible from the Website.

We will only use your personal information in accordance with this policy except as otherwise required or permitted by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your personal information. We rely on your consent to collect, use, disclose and otherwise process your personal information as set out in this privacy policy. If you do not agree with our privacy policies and practices as outlined in this policy, your choice is not to use our Website or services. By accessing or using the Website or our services, you indicate that you understand, accept, and consent to our collection, use and disclosure of your personal information as described in this policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of any part of the Website or services after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates.

Please note that some of our services may be provided under additional and separate legal agreements that provide additional disclosure regarding the use, collection and disclosure of your Personal Information in rendering those services. If that is the case, when you first participate in or use these services, you will be provided an opportunity to review and agree to the terms that govern the service. If there is a conflict between this Privacy Policy and the specific terms of service for a particular service, the specific, applicable terms will apply when using that service.

Types of Information We Collect About You

We collect and use several types of information from and about you, including:

· Contact information – this is personal information that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address used to connect your device to the Internet, user name or other similar identifier;

· Information You Provide to Us - this is information we collect directly from you on or through our Website, which may include:

o Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website (such as your name, email address, telephone number, username, social media usernames and date of birth), subscribing to our service, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website;

o Biological samples (such as self-collected stool, blood, and other fluid samples such as saliva, cheek swab, skin swab, or urine) (“Biological Samples”), that you collected and provided to us using our collection kits;

o Sample Data. “Sample data” is molecular data created from the Biological Samples you provide to Moss Genomics for testing and analysis. Sample Data analysis includes, but is not limited to, primary sequencing and other types of analysis including RNA and DNA, microbiome analysis, microbial gene expression analysis, human gene expression, and personal genotype.

o Records and copies of your correspondence (including email addresses) if you contact us;

o Your responses to surveys that we might ask you to complete for research purposes;

o Details of transactions you carry out through our Website and of the fulfillment of your orders, including payment card information. You may be required to provide financial information before placing an order through our Website; and

o Your search queries on the Website.

· Billing and account information – this is your account number and payment status on the Website. Note that we do not collect your payment card information. When you pay for our services or products, your payment card information goes directly to our payment processor, PayPal. Your payment card information will be subject to PayPal’s privacy policy available here.

· Statistical/aggregated information – this is information that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as demographic information, or statistical or aggregated information derived from your use of the Website, our services, or the Biological Samples of all our customers. Statistical or aggregated data do not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature. This category of information also includes the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number;

· Technical information – this is your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your Internet connection, the equipment you use to access our Website, and usage details. We may use cookies or other automatic data collection technologies to collect this information, which is described in more detail below.

How We Collect Information About You

We use different methods to collect your information, including through:

· Direct interactions with you when you provide it to us, for example, through our sample collection kits, by filling in forms or corresponding with us by phone, email, or otherwise.
· Cookies/Automated technologies or interactions, as you navigate through our Website. Information collected automatically through cookies and web beacons may include:
o Website traffic and usage data, location data, logs, other communications data and the resources that you access and use on the Website;
o Information about your computer and internet connection, including your IP address, operating system, and browser type.

More information about our use of cookies and automatic data collection technologies is provided below.

Cookies and Tracking Technologies

We may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking). To learn more or to opt-out of tailored advertising please visit https://youradchoices.ca/en/tools for information on how you can opt out of behavioral tracking on this Website and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical information that may include the personal information described above under “Cookies/Automated technologies or interactions” and we may maintain it or associate it with personal information we collect from you or that you provide to us, or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Website according to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
· Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
· Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Moss Genomics, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website, including advertisements, are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

For information on opting out of third-party ad servers' and networks' cookies please see Choices About How We Use and Disclose Your Information below.

Please note that our Website does not recognize “Do Not Track” signals that your browser may be configured to send, unless required by law. For information about “do not track” please visit The Future of Privacy Forum at: https://allaboutdnt.com/.

Why We Collect Your Information

We generally collect information about you to use and disclose it for the following purposes:

· To present our Website and its contents to you;
· To create, administer and maintain your account with us on the Website;
· To authenticate you as a valid account user when you access your account;
· To provide you with information, products, or services that you request from us;
· To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it;
· To provide you with our personalized health, anti-aging and wellness products guided by genomic, microbiome, and epigenetic data
· To provide you with personalized information on your health;
· In regards to the Biological Samples, to conduct microbiome, genotype, phenotype, and gene expression testing and analysis performed by Genomics for you in rendering our services and developing personalized products;
· In regards to the Biological Samples and along other data, for on-going research and development and quality control of Moss Genomics’ current product offerings and services, as well as for development of new offerings;
· To provide you with notices about your account, including expiration and renewal notices;
· To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements;
· To notify you about changes to our Website or any products or services we offer or provide though it;
· To promote our Website and the products and services available through the Website;
· To offer contests and special promotions through the Website;
· To improve our Website, products or services, marketing, or customer relationships and experiences;
· To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you;
· To process payments that you make through the Website;
· To generate statistics on the Website traffic and its usage;
· To provide customer services to you;
· To operate our business, such as through efforts designed to improve our Website, to make our product and service offerings available, and to comply with legal requirements such as record keeping, backups and records retention policies; and
· For any other purpose that we may describe when you provide the information or grant your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you, as permitted by law. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or use the unsubscribe mechanism at the bottom of our e-mails.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose personal information that we collect or you provide as described in this privacy policy in the following situations:

· To our subsidiaries and affiliates for use by them for the purposes listed above;
· To payment processors used by the Website to process any amounts that you pay to us;
· In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us, our subsidiaries and affiliates about our users is among the assets transferred.
· To advertisers and advertising networks that require the information to select and serve relevant advertisements to you. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers target a specific audience. We may make use of the personal information we have collected from you to enable us to display our advertisers' advertisement to that target audience.
· To third parties to market their products or services that we believe will be of interest to you. 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. For more information, see Choices About How We Use and Disclose Your Information. [NTD: Company to confirm if applicable]
· To contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization and to third parties who operate promotions and contests on our behalf) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
· To any other person for any other purpose disclosed by us when you provide the information or otherwise with your consent.

We may also disclose your personal information in certain situations without consent to the extent required or permitted under applicable law, including:

· To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
· To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
· If we believe disclosure is necessary or appropriate to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Please note that we may disclose aggregated, anonymous information about our users, and information that does not identify any individual, without restriction.

Transferring Your Personal Information

We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

In the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. In such a case, Personal Information would remain subject to the terms of the pre-existing or the current Privacy Policy.

If you would like further information about our policies and practices regarding third parties (including our use of service providers located outside of Canada) to whom we transfer your personal information and how these third parties collect, use, disclose and store personal information, please contact our Privacy Officer. See Contact Information and Challenging Compliance.

By submitting your personal information or engaging with the Website, you consent to this transfer, storage, and processing.

Choices About How We Use and Disclose Your Information

We provide an opportunity for any user to opt-out of contact for marketing purposes on an ongoing basis by accessing our Website, using the unsubscribe mechanism at the bottom of our e-mails, or e-mailing to Privacy@Mossgenomics.com.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this Website may not be accessible or may not function properly. For more information about tracking technologies, see Information We Collect Through Cookies and Other Automatic Data Collection Technologies.
· Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form where we collect your data. You can also opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to Privacy@Mossgenomics.com.
· Promotional Offers from Moss Genomics. If you have opted in to receive certain emails from us but no longer wish to have your email address used by Moss Genomics to promote our own or third parties' products or services, you can opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to Privacy@Mossgenomics.com. If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email. This opt-out does not apply to information provided to Moss Genomics as part of a product purchase, warranty registration, product service experience, or other transactional message.
· Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt out by contacting Privacy@Mossgenomics.com. For this opt-out mechanism to function, you must have your browser set to accept browser cookies.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.
You can opt out of several third-party ad servers' and networks' cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada available at https://youradchoices.ca/en/tools. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

Data Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website, which any Website visitor can view.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Privacy@Mossgenomics.com.

Accessing and Correcting Your Personal Information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by logging into the Website and visiting your account profile page.

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at Privacy@Mossgenomics.com to request access to, correct, or delete any personal information that you have provided to us. We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you an administrative fee to access your personal information, however, we will notify you of any fee in advance.

Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:
· Information protected by solicitor-client privilege.
· Information that is part of a formal dispute resolution process.
· Information that is about another individual that would reveal their personal information or confidential commercial information.

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at Privacy@Mossgenomics.com.

Withdrawing Your Consent

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at Privacy@Mossgenomics.com. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. Your continued use of the Website after we have changed this privacy policy means that you have agreed with the changes.

We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information and Challenging Compliance

We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. Please contact us at:

Privacy Officer
Suite 907 – 1030 West Georgia Street
Vancouver, BC, V6E 2Y3
Email: Privacy@Mossgenomics.com

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Privacy Officer using the contact information listed above.