Privacy Policy

                General

1.1             Array Genomics Ltd, trading as Array Genomics (“Array Genomics”, “we” or “us”) takes your privacy very seriously. Our Privacy Notice is designed to tell you about our practices, as data controller, regarding the collection, use and disclosure of your personal information which may be provided to us via our website, associated apps or other digital products or collected through other means such as an online form, email, or telephone communication. 

  • This notice applies to personal information provided by our users, whether they are a customer shopping online, browsing the Website or otherwise, and occasionally from third parties. In this notice “you” refers to any individual whose Personal Information we hold or process (other than our staff).

1.3             In this notice references to the “Website” are references to any website (including www.bca-1.comor other means by which you provide Personal Information to us or access our services. 

1.4             This notice is governed by the EU General Data Protection Regulation (“GDPR”), Data Protection Act 2018 and any other applicable data or privacy legislation. 

2.                Definitions

  • "Array Genomics", "we","us"or "our"means Array Genomics Ltd. We are registered in England & Wales under company number 9410276 and with registered address,Calcutt Court, Calcutt, Swindon, Wiltshire SN6 6JR. Our VAT number is GB330041271.

“DTC genetic test” or “DTC genetic testing kit”means our “direct to consumer” genomic test, BCA-1, which is a patented, non-invasive, molecular test designed to identify genomic markers relevant to the management and treatment of bladder cancer.

"Genetic Information"means information regarding your genetics generated through the processing of your urine by us or our subcontractors/partners. 

“Sensitive Information” means your heath information, including Genetic Information and biometric data and certain Self-Reported Information such as your race, ethnic origin data or data relating to your sex life/orientation (as applicable).

"Services"means Array Genomics’ products, services, software and Website as accessed from time to time by you, including but not limited to:

-       creating an account with Array Genomics (whether you have provided us with a urine sample and Genetic/ Self-Reported Information or not);

-       Providing you with a DTC genetic test;

-       Collecting and analysing a urine sample as part of the DTC genetic test;

-       uploading your Genetic Information and Self-Reported information to your account on the Website;

"Personal Information"is information or personal data that can be used to identify you, either alone or in combination with other information. This may include your registration information when you set up an account with us, your Genetic Information and Self-Reported Information. 

"Self-Reported Information"is all information about yourself including your previous diagnosis and other health-related information, and other information that you enter or input while signed in to your account with Array Genomics. 

 “you”means a user of the Services (including the Website).

"Website"means www.bca-1.com

3.                Legal Basis on which we Process Personal Information

3.1             Personal Information we hold about you will be processed either because:

3.1.1        you have explicitly consented to the processing for the specific purposes described in this notice (e.g. we will always seek your consent before we process any Sensitive Information) ;

3.1.2        the processing is necessary in order for us to comply with our obligations under a contract between you and us (e.g. if you have ordered a DTC genetic test from us, we would need to process your credit/debit card details for payment); 

3.1.3        the processing is necessary in pursuit of our “legitimate interests”. A legitimate interest in this context means a valid interest we have or a third party has in processing your Personal Information which is not overridden by your interests in data privacy and security; or

3.1.4        the processing is necessary for compliance with a legal obligation to which we are subject.

4.                Personal Information we collect

  • We may collect and process the following categories of Personal Information:

4.1.1        log-in details and information you provide when setting up an account with us on our Website, (for example your name, email address, password, date of birth and sex/gender) (“Account Information”);

4.1.2        contact information we collect from you (for example your name, address, telephone number, email address) (“Contact Information”);

4.1.3        information about yourself including your previous diagnosis and other health-related information, and other information that you enter or input while signed in to your account with us(“Self-Reported Information”);

4.1.4        information regarding your genetics generated through the processing of your urine by us or our subcontractors/partners (“Genetic Information”)

  • health information collected from you, including Genetic Information and biometric data and certain Self-Reported Information such as your race, ethnic origin data or data relating to your sex life/orientation (as applicable) (“Sensitive Information”);
  • information relating to when you register your DTC genetic test with us using your account, including the unique ID number assigned to your testing kit and additional health related information (“DTC Genetic Test Activation Information”)
  • information we collect which relates to orders you have placed with us, including products you have ordered, shipping destinations, the price of products you have ordered (“Order Information”); 

4.1.8        information provided to us relating to payment including credit or debit card details (“Payment Information”);

  • a record and details of any correspondence or communication between you and us or relating to any complaint submitted to us (“Communication Information”);
  • details of your visits to the Website, the resources and pages that you access and any searches you make (“Technical Information”). For more information on this, please refer to the Cookies section below; 
  • information about our suppliers such as contact information (“Supplier Information”);
  • information relating to user generated content which may contain Personal Information and which are generated or transmitted, whether publicly or privately, to or through Array Genomics, such as you posting to one of our services, comments or reviews or responding to surveys and/or promotions (“User Generated Information”); and/or
  • information we may hold about you for marketing purposes such as your name, email address, telephone number and address (“Marketing Information”).
  • Generally we collect Personal Information directly from you, but we may also obtain data from third parties from time to time including database owners. For instance we may licence data from a postcode database in order to ensure efficient shipping. If we do obtain your Personal Information from a third party your privacy rights under this notice are not affected and you are still able to exercise the rights contained within this notice.
  • You do not have to supply any personal information to us but certain functionalities of the Website may not be operable without providing such data to us. In particular we will be unable to fulfil an order without collecting Personal Information from you. 
  • You may withdraw our authority to process your Personal Information (or request that we restrict our processing) at any time [but we will be entitled to complete any orders we are then processing] [and/but] we may need to withhold some Personal Information for legal or other reasons (see below).

 

  • Cookies                    
    • A cookie is a piece of data stored locally on your computer or mobile device and contains information about your activities on the internet. The information in a cookie does not contain any personally identifiable information you submit to our Website.
    • On our Website, we use cookies to [track users' progress, details of your visits to the Website, resources that you access and any searches you make, allowing us to make various improvements based on usage data. We also use cookies if you log in to one of our online services to enable you to remain logged in to that service]. A cookie helps you get the best out of the Website and helps us to provide you with a more customised service.
    • We are required to obtain your consent to use cookies and will obtain this consent with a toolbar which appears when you first visit the Website. If you continue to use the Website, having seen this notice, then we assume you are happy for us to use cookies.
    • If you choose not to accept the cookies, this will not affect your access to the majority of information available on our Website. However, you will not be able to make full use of our online services.
    • Once you close your browser, our access to the cookie terminates. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. To change your browser settings you should go to your advanced preferences.
    • An Internet Protocol (IP) address is a number assigned to your computer by your Internet Service Provider (ISP), so you can access the Internet. We may use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our Website, and to administer and improve the Website.

6.                How we process your Personal Information  

  • Please see the table below, which sets out the manner in which we will process the different types of Personal Information we hold:

Activity/How We Use It

Type of data

Lawful basis for processing 

When you register an account with us on our Website, or chose to update or amend any information as set out in your account

Account Information

Contact Information 

Self–Reported Information

Consent

Necessary for our legitimate interests (to obtain necessary information in order to provide our Services, such as authenticating your access to the Services)

 

When you register your DTC genetic testing kit with us 

Account Information

DTC Genetic Test Activation Information 

Necessary for our legitimate interests (to obtain necessary information in order to provide our Services to you)

When we fulfil an order placed with us for a DTC genetic test

Account Information

Contact Information

Order Information

Payment Information

Performance of a contract with you so we can successfully deliver your order

Necessary for our legitimate interests (for running our business and to provide you with products and services requested)

In order to process the urine sample provided to us by you

Genetic Information

Self-Reported Information

Sensitive Information

DTC Genetic Test Activation Information 

Consent

To make the results of the DTC genetic test available to you

DTC Genetic Test Activation Information

Account Information

 

Performance of a contract with you so we can inform you of your DTC genetic test results

 

To manage our relationship with you which will include:

(a) Sending you emails including order updates and confirmations

(b) Notifying you about changes to our terms or privacy notice

(c) Asking you to leave a review or take a survey

(d) If you submit wish to change/cancel an order or submit a complaint

(e) Providing customer service and support

Contact Information

Order Information

Payment Information

Communication Information 

Technical Information

User Generated Information

Performance of a contract with you (such as keeping you updated with the status of your order)

Necessary for our legitimate interests (for running our business, to keep our records updated and to study how customers use the services we provide, provide you with customer support)

To administer and protect our business, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data

Contact Information

Account Information

Technical Information

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation)

To use data analytics to improve the Website, services, marketing, customer relationships and experiences

Technical Information

Communication Information

Account Information

Order Information

User Generated Information

Necessary for our legitimate interests (for running our business, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)

To send marketing communications to you about our Services.

Marketing Information

Order Information

Contact Information

Consent 

Necessary for our legitimate interests in sending marketing communications for services which are similar to those previously used/purchased by you.

 

To manage our relation with our suppliers in relation to the Services

Supplier Information

Performance of a contract with you so we can successfully deliver your order and perform the Services

 

Necessary for our legitimate interests (for running our business and to provide you the requested Services)

 

6.2             In addition to the lawful bases of processing set out above, processing may also be necessary for the compliance of a legal obligation to which Array Genomics is subject.

6.3         Notwithstanding the rest of this privacy notice,we may carry out research or data analysis to gain insight into the use or improvement of our Services and we may share the results of this research with third parties. We will only share aggregated, de-identified or anonymised results (i.e. which have been stripped of and no longer contain your Personal Information).You can choose whether to consent or refuse toyour data being used in this way when youregister your DTC genetic testing kit with us. You are under no obligation to consent to this and we will still be able to provide you with our Services if you choose not to however you acknowledge that it may not be possible to remove the data once you have consented to it being used for these research or data analysis purposes as it would have already been de-identified and anonymised by us. Accordingly and before consenting to your data being used for research or data analysis purposes, you should consider this carefully.

7.                Data Retention

7.1             Our current data retention policy is to delete or destroy (to the extent we are able to) the Personal Information we hold about you in accordance with the following:

Category of Personal Information

Length of retention

Account Information & Self Reported Information

Until such time as your account remains open with us

DTC Genetic Test Activation Information

Until such time as we have processed your urine sample or your account remains open with us (whichever is later)

Genetic Information

Until such time as we have processed your urine sample or your account remains open with us (whichever is later)

Personal Information processed in relation to a contract between you and us

7 years from either the end of our contract or the date you last used our services or placed an order with us

Marketing Information

3 years from the last date on which you have interacted with us.

 

7.2             For any category of Personal Information not specifically set out in this section or notice, and unless otherwise specified by applicable law, the required retention period for any Personal Information will be deemed to be 7 years from the date of receipt by us of that data. 

7.3             The retention periods stated in this notice can be prolonged or shortened as may be required (for example, in the event that legal proceedings apply to the data or if there is an on-going investigation into the data).

7.4             We review the Personal Information (and the categories of Personal Information) we are holding on a regular basis to ensure the data is still relevant to our business and is accurate. If we discover that certain Personal Information we are holding is no longer necessary or accurate, we will take reasonable steps to correct or delete this data as may be required. 

7.5             If you wish to request that data we hold about you is amended or deleted, please refer below, which explains your privacy rights.

7.6         We may also for future research, analytical and/or statistical purposes use certain data, and this data may be held by us indefinitely. This data will not constitute your Personal Information (and therefore the provisions of this notice will not apply to it) as it will have been de-identified and anonymised, such that you cannot be identified as an individual. 

8.                Sharing your information

  • We do not disclose any Personal Information you provide to any third parties other than as follows:
    • if you place an order for a DTC genetic test and send a urine sample back for processing, certain Personal Information (such as your Genetic Information and Self-Reported Information) will be shared with our partner laboratory that will process the urine sample as well as the qualified medical professional that will review the results before they are sent to you;
    • if you place an order for a DTC genetic test, Personal Information relevant to your delivery will be provided to our shipping or delivery partner;
    • where we carry out research or data analysis to gain insight into the use or improvement of our Services, we may share the results of this research with third parties. We will only share aggregated, de-identified or anonymised results (which do not contain your Personal Information);
    • we may host Personal Information with third party hosting partners or other service and technology providers;
    • certain third party suppliers including payment or technical support providers may have access to Personal Information in order for us to be able to provide our services to you in an efficient and secure manner;
    • if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime);
    • in order to enforce any terms and conditions or agreements for our services that may apply; 
    • we may transfer your Personal Information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, but we will take steps with the aim of ensuring that your privacy rights continue to be protected;

8.1.9        to protect our rights, property and safety, or the rights, property and safety of our users or any other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;

8.1.10     if we are sub-contracting services to a third party we may provide information to that third party in order to provide the relevant services; 

8.1.11      we may disclose your Personal Information to our group companies for our legitimate business purposes.

  • Other than as set out above, we shall not disclose any of your Personal Information unless you give us permission to do so. If we do supply your Personal Information to a third party we will take steps to ensure that your privacy rights are protected and that the third party complies with the terms of this notice. 

9.                Security

  • We will take all reasonable steps to ensure that appropriate technical and organisational measures are carried out in order to safeguard the information we collect from you and to protect it against unlawful access and accidental loss or damage. These measures may include (as necessary):
    • protecting our servers by both hardware and software firewalls;
    • locating our data processing storage facilities in secure locations;
    • encrypting all data stored on our server with an industry standard encryption method that encrypts the data between your computer and our server so that in the event of your network being insecure no data is passed in a format that could easily be deciphered;
    • when necessary, disposing of or deleting your data in a secure manner;
    • regularly backing up and encrypting all data we hold;
    • de-identification/ pseudonymisation measures where appropriate. For instance, prior to sending any urine samples to the laboratory for processing, we remove [certain]     Account Information so that you as an individual cannot be reasonably identified.

9.2             In addition to the above, it is important that you, as a user or our Services, also take appropriate steps to safeguard your information by for example by ensuring you protect your computer or other device from unauthorised access, by maintaining strong password and ensuring you log out of your account with us when you are not using the Services.

9.3             We will ensure that our employees and staff are aware of their privacy and data security obligations. We will take reasonable steps to ensure that the employees and staff of third parties working on our behalf are aware of their privacy and data security obligations. 

9.4             This notice and our procedures for handling Personal Information will be reviewed as necessary.

9.5             Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to the Website. Accordingly, any such transmission is at your own risk. Once we have received your information, we will use the strict procedures and security features referred to in this clause to try and prevent any unauthorised access.

10.             Your privacy rights

  • The GDPR gives you the following rights in respect of Personal Information we hold about you:

The right to be informed

You have a right to know about our Personal Information protection and processing activities, details of which are contained in this notice.

The right to withdraw consent

If we are relying on your consent as the basis on which we are processing your Personal Information, you have the right to withdraw your consent at any time.  This will not affect the lawfulness of processing based on consent before your withdrawal.

The right of access

If you have registered an account with us, you can access certain information of yours by logging into your account. You can also make what is known as a Subject Access Request (“SAR”) to request information about the Personal Information we hold about you (free of charge, except that we may charge you a reasonable fee in the event of a repeat or complex request). If you wish to make a SAR please contact us using the details below.

The right to rectification

If you have registered an account with us, you can rectify certain Personal Information provided to us by logging into your account (e.g. you Self-Reported Information).

Otherwise, please inform us if information we hold about you is incomplete or inaccurate in any way and we will update our records as soon as possible, but in any event within one month. 

We will take reasonable steps to communicate the change to any third parties to whom we have passed the same information.

The right to erasure (the ‘right to be forgotten’)

If you have registered an account with us, you have the right to delete your account at any time. 

Please notify us if you no longer wish for us to hold Personal Information about you (although in practice, it is unlikely we can provide our Services to you without holding your Personal Information). Unless we have reasonable grounds to refuse the request for erasure, on receipt of such a request we will securely delete the Personal Information in question within one month. The data may continue to exist in certain backup systems, but we will take steps to ensure that it will not be accessible. 

We will communicate the erasure to any third parties to whom we have passed your information.

The right to restrict processing

You can request that we no longer process your Personal Information in certain ways, although this may affect our ability to provide our Services to you.

The right to data portability

You have right to receive copies of Personal Information we hold about you in a commonly used and easily storable format (please let us know a format which suits you). You may also request that we transfer your Personal Information directly to third party (where technically possible).

The right to object

Unless we have overriding legitimate grounds for such processing, you may object to us using your Personal Information if you feel your fundamental rights and freedoms are impacted. You may also object if we use your Personal Information for direct marketing purposes (including profiling) or for research or statistical purposes.

Please notify your objection to us and we will gladly cease such processing, unless we have overriding legitimate grounds or it is otherwise permitted under applicable law.

 

10.2          All SARs and other requests or notifications in respect of your above rights must be sent to us in writing to Array Genomics Ltd at [email protected] or by post to Array Genomics Ltd, Calcutt Court, Calcutt, Swindon Wilts. SN6 6JR.

  • We will endeavour to comply with such requests as soon as possible but in any event within one month of receipt (unless a longer period of time to respond is reasonable by virtue of the complexity or number of your requests).

11.             Data Breaches

11.1          If Personal Information we hold about you is subject to a breach or unauthorised disclosure or access, we will report this to our data protection officer  and the Information Commissioner’s Office (ICO) as necessary. 

11.2          If a breach is likely to result in a risk to your data rights and freedoms, we will notify you as soon as possible.

12.             Other Websites

  • Our Website may contain links and references to other websites. Please be aware that this notice does not apply to those websites and we are not responsible or liable in any way in relation to the content of those links or references.
  • We cannot be responsible for the privacy policies and practices of websites that are not operated by us, even if you access them via the Website. We recommend that you check the policy of each website you visit and contact its owner or operator if you have any concerns or questions.
  • In addition, if you came to this Website via a third party website, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party website and recommend that you check the policy of that third party website and contact its owner or operator if you have any concerns or questions.

13.             Transferring your information outside the UK and European Economic Area (EEA)

  • If you do decide to use our DTC genetic test and you consent to us processing and analysing the sample, you acknowledge the testing may be conducted in a laboratory based in France. We will not transfer your Personal Information outside of the UK and European Economic Area (“EEA”) in a systematic way but there may be circumstances in which certain personal information is transferred outside of the EEA, in particular:

13.1.1     If you use our Website or place an order with us while you are outside the EEA, your information may be transferred outside the EEA in order to provide you with the Services;

13.1.2     We may communicate with individuals or organisations outside of the EEA in delivering our Services and those communications may include personal information (such as contact information). For example you may be outside of the EEA when we communicate with you;

13.1.3     Some of our server providers or other data processors may be based outside of the EEA. In this case, we will ensure we have an agreement in place with them to provide adequate data protection safeguards and the means to obtain a copy of such safeguards or information on where they are available will be provided to you on request;

13.1.4     From time to time your information may be stored in devices which are used by our staff outside of the EEA (but staff will be subject to our cyber-security policies).

13.2          If we transfer your information outside of the EEA, and the third country or international organisation in question has not been deemed by the EU Commission to have adequate data protection laws, we will ensure appropriate safeguards are in place and we will be responsible for ensuring your privacy rights continue to be protected as outlined in this notice. 

  • By submitting your personal information to us you agree to the transfer, storing and processing of your information outside the EEA in the manner described above.

14.             Notification of changes to the contents of this notice

  • We will post details of any changes to our privacy notice on the Website to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.

15.             Contact us

15.1          15.1   If at any time you would like to contact us with your views about our privacy practices, or with any enquiry or complaint relating to your personal information or how it is handled, you can contact our data protection officer via [email protected] or by post to Array Genomics Ltd, Calcutt Court, Calcutt, Swindon Wilts. SN6 6JR.

If we are unable to resolve any issues you may have or you would like to make a complaint, you can contact the Information Commissioner’s Office by visiting http://www.ico.org.uk/for further assistance.