Molecular You Corporation (“MYCO” or “we” or “our”) requires that each participant in MYCO’s molecular profiling service acknowledges, agrees and consent to the terms in this consent form (“Consent Form”) before his or her samples will be processed. If the participant is under 19 years of age, this Consent Form must be agreed and consented to by both the participant and his/her parent or legal guardian.
You should discuss your questions about MYCO services with your Third-Party Practitioner (as defined below). Questions about the collection, use or disclosure of your information as set out in this Consent Form may be directed to MYCO’s privacy officer at Suite 307, 788 Beatty Street, Vancouver, BC, V6B 2M1 (the “Privacy Officer”).
You acknowledge, agree and consent as follows:
In this Consent Form the following terms have the following meanings:
Your Personal Information
MYCO will collect, use, maintain and disclose your Personal Information only for the purposes of providing the Services and for the other purposes described in this Consent Form. We will protect your information, including all Identifying Information, from unauthorized access, use and disclosure, and we will not disclose it to any person without your consent except as described in this Consent Form or as required by law (ie. court order, subpoena) or legislation. You acknowledge and recognize that while commercially reasonable measures appropriate for the sensitive nature of the data are employed by MYCO, we cannot guarantee absolute security.
When you engage our Services, you will need to provide us with the following: your samples (e.g. urine, blood, stool, saliva) for molecular profiling analysis, and registration information about you (including your Identifying Information and credit card information). On receipt of this material and applicable payment, MYCO will conduct molecular profiling analysis using your samples and other information provided by you or (if applicable) your Physician. MYCO will then generate a personalized Health Data about you that will be shared with you. MYCO will, using commercially reasonable security measures, retain your Health Data and other Biomarker Information in a coded, identifiable form so that it can provide further Services to you in the future.
The Services include access to a MYCO website and certain personal Biomarker-related services. As part one of the Services, MYCO may include on a MYCO website a list of Third-Party Practitioners from which you may, at your sole election, choose a Third-Party Practitioner to contact for the interpretation of your Health Data and any other Biomarker Information provided to you as part of the Services. Third-Party Practitioners are independent third parties that do not work for MYCO and do not represent MYCO. Your selection of a Third-Party Practitioner is completely your own decision and at your own risk and MYCO takes no responsibility with respect to your interactions with any Third-Party Practitioner or any advice or recommendations that you receive from any Third-Party Practitioner. MYCO may charge a fee for allowing Third-Party Practitioners to be listed on MYCO’s list of Third-Party Practitioners. MYCO may also charge a fee for connecting you with a Third-Party Practitioner. If you choose a Third-Party Practitioner to review or interpret your Health Data and any other Biomarker Information provided to you as part of the Services or offer advice or recommendations, then you are solely responsible for the sharing and protecting the privacy of your Personal Information with the Third-Party Practitioner that you selected. You acknowledge and agree that MYCO has no responsibility or liability for any advice, opinion, recommendation or any other information that you receive from Third-Party Practitioners.
If you instruct us in writing (including by way of electronic communications from the email address that you provide as part of your registration information or otherwise) to share your Personal Information with your Third-Party Practitioner, you agree and consent that MYCO may share your Personal Information with your Third-Party Practitioner for the purposes of providing the Services and for the other purposes set out in or covered by this Consent Form. Sharing such information with your Third-Party Practitioner takes time and resources. You acknowledge and agree that MYCO may charge a service fee if you request that we share your Personal Information with your Third-Party Practitioner. You are of course free to share your Health Data and other Personal Information with your Third-Party Practitioner directly as you see fit.
We may engage other companies and individuals (“Third-Party Service Providers”) and other researchers, investigators, and organizations (“Research Partners”) to carry out some or all of the uses of the Personal Information and/or De-Identified Information referred to in the foregoing paragraphs, and/or to perform some or all of the Services on our behalf. Third-Party Service Providers and Research Partners may require or be provided with access to your Personal Information and/or De-Identified Information. We make commercially reasonable efforts to ensure that all Third-Party Service Providers and Research Partners acting on our behalf provide a comparable level of protection for your Personal Information and De-Identified Information to the level of protection that we provide.
In order to receive the Services, a MYCO customer coordinator or an entity designated by MYCO (each a “Customer Coordinator”) will contact you and arrange for you to provide your samples to MYCO for analysis by MYCO and/or its contractors. Your samples will be used for testing and molecular profiling. We do not retain samples once testing is complete. You may request the destruction of your samples before testing is complete by contacting the Privacy Officer at the above address. If you do make such a request, we will be unable to provide you with the Services and any fees paid by you will be non-refundable and forfeited by you. We encourage you to discuss the withdrawal of your samples with the Customer Coordinator before choosing to withdraw.
MYCO shall have the right to use De-Identified Information, including with third parties, to carry out the activities set out in the paragraphs above under “Your Personal Information” to the same extent as provided for Personal Information, as well as to:
(a) conduct scientific and commercial research and development with the purpose of advancing personal care in human performance and health and improving and furthering the products and services we provide;
(b) conduct surveys and/or research relating to the opinion of customers and potential customers with respect to our Services or of potential new Services that may be offered in the future;
(c) publish or have published observations, analyses, data and/or results in scientific journals or other publications;
(d) advance and implement our commercial business and engage in commercial activity to further our business, including through enhancement and expansion of our Services, systems, software, databases, products and offerings;
(e) engage in research and development that result in the development of commercial products or services; and
(f) conduct data analysis in connection with any of the foregoing activities in this Section 4.10 or 4.11.
De-Identified Information may be used, stored, disclosed and otherwise made use of as MYCO considers commercially reasonable at its sole discretion. Without limiting the generality of the foregoing, MYCO may or will use De-Identified Information to study a specific or general group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on Biomarker-related research initiatives, or otherwise create, commercialize, and apply this knowledge to improving our understanding of the Biomarker-related field and human-related conditions and factors.
You agree that in no event will you gain or be entitled to any personal financial advantage from MYCO’s use and commercialization of De-Identified Information.
You agree that all ownership and other rights in all works, programs, knowhow, techniques, formulas, data, manuals, methods, inventions, ideas, designs, discoveries, processes and other works of authorship, intellectual property and improvements thereof developed, conceived or reduced to practice by MYCO, whether alone or with others, which results or arises from the Services, including processes and techniques for the generation of your Health Data, or the use or commercialization of De-Identified Information shall be the exclusive property of MYCO.
Once we generate De-Identified Information it will not be possible to delete it from MYCO’s databases or systems. Accordingly, if you do not wish to provide consent to the generation or use of De-Identified Information you must not use our Services and promptly notify us, before we have analyzed your samples and generated any Health Data, that you are withdrawing your samples and withdrawing from the use of our Services. Once we have analyzed your samples and generated Health Data, the De-Identified Information generated by or on behalf of MYCO will become the exclusive property of MYCO.
Withdrawal from MYCO Services
Should you decide you no longer want our Services and provide us with written notification (including to our Privacy Officer) requesting to have your MYCO account closed, MYCO will close your MYCO account, delink your Health Data from your Registration Information and permanently delete your Registration Information, thereby leaving only De-Identified Information with us, along with separately held records of our having provided you with Services as is customary when running a business but which will not be linked to your biomarker data.
MYCO Does Not Provide Medical Advice
You acknowledge and agree that your Health Data and any other Biomarker Information that we provide to you does not constitute medical advice; that MYCO does not provide or purport to provide medical advice; and that you are not seeking medical advice in any way from MYCO. You acknowledge and agree that if you wish to receive or need to receive medical advice relating to any Health Data or any other Biomarker Information or otherwise, you must consult with a qualified Physician.You acknowledge and agree that you are solely responsible for any associated costs involved in seeking or obtaining such medical advice.
You are strongly advised to arrange a consultation with a Physician in the event that any observation in your Health Data or in any other Biomarker Information is of concern, and in such case such observation(s) should be validated through medical testing by an appropriate Physician before decisions are made by you regarding medical interventions of any kind. You are entirely responsible for seeking and obtaining such tests and clinical follow up with a Physician of any observations, including associated costs.
If you have any concerns relating to the samples that you are to provide in order for MYCO to provide the Services, you should consult with a Physician. You are entirely responsible for seeking and obtaining medical advice and another other advice from a Physician or any Third-Party, including associated costs.
Biomarkers that you share with others could be used against your interests. For example, Biomarkers that you choose to share with a Physician or other Third-Party Practitioner may become part of your medical record and those medical records could potentially become accessible to third parties. Biomarkers that you share with family, friends or employers may also be used against your interests. Even if you share Biomarkers that have no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. As a result, you should be careful about sharing your Biomarker Information with others. You may want to consult a lawyer to understand the extent of legal protection of your Biomarker Information before you share it with anybody.
Receiving your Health Data may cause you to have anxiety or distress, have other adverse mental health implications or alter your decision to have a child or other lifestyle decisions for you or a family member. There is also no guarantee that your Health Data will be of benefit to you.
MYCO is only generating Biomarker Information based on the samples that you provide. MYCO does not provide or purport to provide services to interpret Biomarker Information or to diagnose, treat or mitigate any diseases or conditions. You acknowledge and agree that it is entirely your responsibility to review with a Third-Party Practitioner of your choosing the Health Data and any other Biomarker Information that we generate for you based on your samples, and to seek medical advice from such Third-Party Practitioner. You also acknowledge and agree that when you seek medical advice from a Third-Party Practitioner, it is that Third-Party Practitioner’s responsibility to receive, interpret and explain your Health Data and other Biomarker Information to you and to provide related medical advice. By signing this Consent Form you acknowledge and agree that MYCO (including its officers, directors, employees and agents) shall not be liable to you whatsoever for the delivery of the Services or any Biomarker Information generated. You also agree that MYCO (including its officers, directors, employees and agents) shall not be liable to you for any loss or damage whatsoever in relation to the Services or the provision of your Health Data or other Biomarker Information.
Governing Law; Arbitration
This Consent Form shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to conflict of law principles or the United Nations Convention for the International Sale of Goods. Any dispute or claim arising out of or relating to this Consent Form shall be resolved by final and binding arbitration under the rules and auspices of the National Arbitration Rules of the ADR Institute of Canada, Incorporated. Arbitration shall take place in Vancouver, British Columbia, Canada and the language of the arbitration will be English. The party that ultimately loses will be responsible for arbitration costs and reasonable documented legal costs of both parties. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Our failure to enforce or insist upon strict compliance with any provision of this Consent Form shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Any cause of action by you with respect to the Services (and/or any information related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Admissibility of printed version
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Should any part of this Consent Form or the application thereof to any person or circumstances, to any extent, be held invalid or unenforceable, that portion shall be modified so as to be enforced to the fullest extent permitted at law and the remaining portions, or the application of such part to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each part of this Consent Form shall be separately valid and enforceable to the fullest extent permitted by law.
You are prohibited from assigning your rights or obligations under this Consent Form. Any purported assignment by you shall be ineffective. We may assign all rights and/or obligations under this Consent Form, fully or partially without notice to you. We may also substitute MYCO, by way of unilateral novation effective upon notice to you, for any Third-Party that assumes our rights and obligations under this Consent Form.
MYCO shall not be liable for any failure of or delay in the performance of any Services or this Consent Form for the period that such failure or delay is due to fire, flood, explosion, lightning, windstorm, earthquake, subsidence of soil, discontinuity in the supply of power, war, governmental interference, civil commotion, riot, terrorism, strikes, labour disturbance, failure or destruction, in whole or in part, of machinery or equipment or failure of supply of materials, transportation difficulties, labour shortage, or any other cause beyond the reasonable control of MYCO (each a “Force Majeure event”). MYCO will post on its main MYCO Site or send you an email notifying you of the occurrence of any Force Majeure event. In the event of a shortage or anticipated shortage of supplies, utilities, resources or materials affecting the provision of Services or shipment or delivery of Biomarker Information caused by any of the above mentioned Force Majeure events, MYCO will, subject to our sole discretion, (i) allocate our resources for use in MYCO facilities and operations as we see fit, and (ii) allocate the provision of Services and related results to customers in a manner and order that we see fit. The allocations made by MYCO shall be conclusive and binding upon you, and may take into account reservations of capacity purchased by other customers. MYCO shall not be obliged to make-up any deficiencies hereunder due to any such Force Majeure event.
By clicking or selecting “I Agree and Consent”, I acknowledge, agree, consent and represent as follows:
I Agree and Consent
We measure thousands of data points that are known and clinically validated and others that are related to human traits or health conditions but not fully clinically validated. In certain individuals the data may indicate the development or presence of cancers. Molecular You measures a high number of biomarkers that have been associated with cancer. These biomarkers are not fully validated but do have the potential to be important in identifying the emergence or presence of cancer.
Should you wish to receive any information on cancer biomarkers please indicate by checking the box below.
I DO wish to receive information on cancer biomarkers
Consent for Marketing Communications
Molecular You would like your consent to send you e-mail updates, newsletters, health information and promotional materials about the services that it provides and service options available to you. If you wish to receive such materials, please indicate your choice below.
YES, I consent to receiving emails and other electronic messages from Molecular You including general health information, newsletters and promotional materials about Molecular You’s products and services.
Version 1.1 Updated as of May 31, 2018