Guardant Health, Inc. (“Guardant”) provides the use of this Site to you subject to these terms and conditions. This Site includes information regarding Guardant’s blood testing services for comprehensive sequencing of tumor DNA and related services and educational materials for patients and healthcare professionals. Your use of this Site constitutes your acceptance of these terms and conditions. If you do not agree to all of these terms and conditions, do not use this Site. Certain features and services of this Site may be subject to additional requirements, rules, and policies, which are incorporated by reference into these terms and conditions. Guardant may modify these terms and conditions, in whole or in part, at any time and in its sole discretion. Such modifications will be effective when posted on this Site, so please review these terms and conditions regularly in connection with your use of this Site. Your continued use of this Site constitutes acceptance of these terms and conditions as modified.
Guardant may also terminate, change, or otherwise modify any aspect of this Site, or impose limits on features or restrict access, in whole or in part, to this Site at any time and in its sole discretion without liability. Guardant may terminate any authorizations, rights, and licenses provided herein.
The Site is not intended for use by children. Guardant does not knowingly collect or maintain personal information from people under 18 years of age without the prior consent of a parent or authorized representative, and no part of the Site or any service offered on this Site is intended for people under 18 years old. If Guardant later learns or determines that a user is under 18 years old, Guardant will take steps to remove that person’s personal information from the Guardant database. By using this Site, you represent that you are at least 18 years old.
This Site is intended for users in the United States. Guardant makes no representation that the materials or services provided through this Site are appropriate or available for use outside of the United States.
Guardant authorizes you to view and download the materials at this Site, provided that (i) you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials, (ii) your use of such materials is for your personal, non-commercial use only, and will not be copied or posted on any network computer or broadcast in any media, (iii) you may not modify the materials in any way or reproduce, publicly display, perform, distribute, transmit, or create derivative works from any of the materials on this Site, and (iv) you may not transfer the materials to any other person unless you give them notice of, and they agree to accept, these terms and conditions. The above authorization does not include the design or layout of this Site, elements of which are legally protected and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from this Site may be copied or retransmitted unless expressly authorized by Guardant. No other use of the materials is authorized. The materials at this Site are proprietary and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. Guardant respects the intellectual property rights of third parties and requests users of the Site to notify Guardant at DL-Legal-General@guardanthealth.com. if you became aware that any content on this Site may violate or infringe upon the intellectual property rights of any third party.
You agree that you will not use this Site to (i) harass or harm any other person, (ii) collect or store personal data of any other person, (iii) misrepresent your identify or affiliation with any person; (iv) interfere with or disrupt the operations of the Site, including without limitation using the Site to spread any virus, worm, Trojan horse or other mechanism designed to damage or alter or collect data from a computer system, or (vi) violate any provision of these terms and conditions or applicable requirements, rules, and policies, or applicable law.
Access to password-protected and/or secure areas of this Site is limited to authorized users only and requires creation of an account. For example, healthcare professionals desiring to order tests or view test results through the Site are required to register and establish an account to use these features. You must provide complete and accurate information on your account and update such information as necessary. You are responsible for maintaining the confidentiality of your account and password information, and you agree not to share or transfer your account and/or password information. You agree to notify Guardant immediately of any unauthorized use of your account or any other breach of security. You further agree to accept responsibility for all activities that occur under your account or password. You agree not to use another’s account or password information at any time.
Links to third party sites
Any links to third-party websites that may appear on this Site are provided only as a convenience to you and in no way imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those linked websites. Guardant does not monitor the linked websites for accuracy or content, and does not warrant the information contained thereon. The information provided on the linked websites and any warranty with regard thereto is solely the responsibility of the providers of that information. You may be subject to third-party website policies, including their privacy and data collection practices. Guardant recommends that you review all terms and policies of any linked website that you access. If you decide to access third-party websites through links from this Site, you do so at your own risk.
Links to this Site
All links to the Site must be approved in writing by Guardant; however, Guardant consents to links limited to those in which:
(i) the link is a text-only link containing only the name “Guardant”;
(ii) the link redirects the user only to www.GuardantHealth.com and not to deeper pages;
(iii) the link, when activated, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website;
(iv) the appearance, position, and other aspects of the link do not present false information about Guardant products, services, or technology, nor be such as to damage or dilute the goodwill associated with the name and trademarks of Guardant, nor create the false appearance that another entity or its activities or products are associated with or sponsored or endorsed by Guardant; and
(v) No Guardant logo or trademark is used or appears.
Medical or Professional Services Advice
Much of the information contained on the GuardantHealth.com website is presented for the purpose of general education for the public regarding cancer genomics and diagnostic testing, personalized cancer care, genomic research, and other general information concerning Guardant. Nothing contained on the public areas of GuardantHealth.com website is intended to constitute medical advice, instruction for medical diagnosis, or instruction for treatment. Information provided on the public areas of GuardantHealth.com should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Information received from the public areas of the GuardantHealth.com website should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of the consultation or advice of a physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified health care provider promptly. The information contained on the public areas of the GuardantHealth.com website is compiled from a variety of sources. Guardant does not, through the GuardantHealth.com website or otherwise, directly or indirectly render medical advice.
You agree to indemnify and hold Company (and its officers, directors, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or any feature of service of the Site, (ii) your violation of these terms and conditions, including without limitation misuse of account and password information, or (iv) your violation of applicable law. Guardant reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. Guardant will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If applicable, you may delete your account and end your registration at any time, for any reason by sending an email to DL-Legal-General@guardanthealth.com. Guardant may terminate your use of the Site and/or your account for any reason at any time. You understand that termination of your account will result in your loss of access to test results of your patients through the Site. YOU AGREE THAT GUARDANT WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THE OPERATION OF THIS SITE AND THE INFORMATION AVAILABLE THEREON ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, GUARDANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. GUARDANT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, (VI) ERRORS OR OMISSIONS IN ANY INFORMATION, AND/OR (VII) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GUARDANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THIS SITE OR THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUARDANT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
If you have any comments or questions regarding these terms and conditions or the Site, please contact Guardant Legal at DL-Legal-General@guardanthealth.com.
Last Updated: July 2017
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Guardant Health, Inc. (“Guardant”) is committed to obtaining, maintaining, using and disclosing your protected health information (“PHI”) in a manner that protects your privacy. We urge you to read this Notice of Privacy Practices (this “Notice”), effective March 31, 2014, carefully in order to understand both our commitment to the privacy of your PHI and your rights.
Guardant is required by law to maintain the privacy of your PHI and to provide you with a notice of our legal duties and privacy practices with respect to PHI. PHI is information about you, including basic demographic information, that may identify you and that relates to your past, present or future physical or mental health condition, treatment, or payment for services. This Notice describes how we may use and disclose your PHI to carry out treatment, payment or health care operations and for other specified purposes that are permitted or required by law. The Notice also describes your rights with respect to your PHI.
Guardant reserves the right to amend this Notice from time to time. When changes are made, Guardant will promptly post the updated Notice on the Guardant website at www.guardanthealth.com/legal.html. Guardant is required to abide by the terms of the Notice currently in effect.
I. Uses and Disclosures of Your Information
Guardant my use or disclose your PHI for the following purposes:
• Treatment. Guardant may use or disclose PHI for purposes of providing your medical treatment. For example, Guardant may disclose your PHI to your treating physician to assist with the provision of medical care.
• Payment. Guardant may use or disclose PHI for purposes of billing and collecting payment for our services. For example, we may disclose PHI to your health plan in order to obtain payment for our services.
• Health Care Operations. Guardant may use or disclose PHI to facilitate our business’s health care operations. For example, we may review your PHI internally as part of an audit to confirm quality of our services and accuracy of our testing.
• As Required by Law. Guardant may use or disclose PHI if required to do so by federal or state law.
• Disclosures to your Representative and Individuals Involved in Your Care. Guardant may disclose your PHI to your friends or family members who are involved in your care, including those who are responsible for paying for your care. Guardant may also disclose PHI to your personal representative, as established under applicable law, or to an administrator or authorized individual associated with your estate.
• Disclosures to Business Associates. Guardant may disclose your PHI to certain of our service providers that have agreed to maintain the privacy and security thereof. For example, if Guardant contracts with an IT vendor, they may have access to your PHI – and they will also agree to protect its confidentiality.
• De-Identification of PHI. Guardant may de-identify your PHI, meaning that Guardant would remove all identifying features as determined by law to make it extremely unlikely that the information could identify you. De-identified information no longer qualifies as PHI, meaning that Guardant may use and disclose it for purposes not set forth in this Notice.
Guardant may also use or disclose your PHI in other ways as permitted by law. Generally, these are ways that serve public health and/or research. Specifically:
• Guardant may use or disclose your PHI as needed to assist with public health and safety issues and may disclose your PHI to law enforcement officials when needed, to health oversight agencies for authorized activities, and for special government functions including national security needs.
• Guardant may disclose your PHI as needed to organ procurement organizations, medical examiners, and funeral directors in the event of an individual’s death.
• Guardant may use or disclose your PHI to address workers’ compensation claims.
• Guardant may use or disclose your PHI in response to a court or administrative order, or in response to a subpoena.
Uses and disclosures of PHI for purposes other than those described above, including for marketing purposes and disclosures that would constitute a sale of PHI, will not be made in the absence of a written authorization signed by you or your personal representative. Once you sign an authorization, you may revoke it by contacting Guardant at any time unless it has already been relied upon to use or disclose PHI.
II. Your Rights Regarding Your PHI
You have the following rights with respect to your PHI:
• You have the right to request restrictions on certain uses and disclosures of your PHI. Guardant will consider every request to restrict uses or disclosures of your PHI. However, Guardant is not legally required to honor each request unless the requested restriction involves a disclosure not required by law to a health plan for payment or health care operations purposes and you have paid for the applicable services in full out of pocket. With respect to any requested restriction, if Guardant agrees to honor it, we will document such restriction and continue to abide by it.
• You have the right to receive confidential communications of your PHI from Guardant. Specifically, you may request that Guardant communicate with you about your PHI in a specific means or using a specific address. Guardant will accommodate reasonable requests.
• Subject to applicable state law, you have the right to inspect and copy your PHI. You also have the right to access and receive your PHI electronically if readily producible in such format.
• You have the right to correct or update your PHI. If you believe that there is an error in your PHI, you may request that Guardant update it as appropriate.
• You have a right to receive an accounting of certain disclosures of your PHI made by Guardant. Upon receipt of such request, Guardant will provide you with a list of disclosures made by Guardant in the prior six (6) years, not including certain types of disclosures such as, by way of example, those made directly to you or pursuant to your written authorization.
• You have the right to obtain a paper copy of this Notice upon request.
To exercise any of these rights, please send written communication to Guardant at 505 Penobscot Drive, Redwood City, CA 94063 (Attn: Privacy Officer).
III. Breach Notification
Guardant is required by law to notify you in the event that your PHI is subject to a security breach unless Guardant reasonably determines, after fully investigating the situation and assessing the risk presented, that there is a low probability that the privacy or security of your PHI has been compromised. You will be notified without unreasonable delay and in no event later than sixty (60) days following discovery of the security breach. Such notification will include information about the security breach, including steps that Guardant has taken to mitigate potential harm.
IV. Questions and Complaints
If you have any questions or comments about this Notice, or if you have any complaints about Guardant’s privacy practices, please contact us at 505 Penobscot Drive, Redwood City, CA 94063 (Attn: Privacy Officer-855.698.8887).You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services. Guardant will not retaliate against you for filing a complaint.