Effective Date: November 1, 2023
Purpose of Policy
The California Consumer Privacy Act of 2018 (“CCPA”) confers privacy rights on consumers and also imposes certain requirements on businesses, such as NeoGenomics, in order for them to remain compliant with the CCPA.
This privacy policy supplements our Notice of Health Information Privacy Practices and Privacy Policy.
The provisions in this policy do not apply to the following: 1.) Medical information governed by the Confidentiality of Medical Information Act (“CMIA”), or by the Privacy and Security rules pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”); 2). Patient information maintained by NeoGenomics in the same manner as medical or Protected Health Information (“PHI”) as defined under HIPAA; 3). Information collected as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects; 4.) Efforts to comply with local, state, or federal law; a civil, criminal, or regulatory investigation; or a summons or service of process; 5.) Cooperation with local, state, or federal law enforcement agencies or the exercising or defense of legal claims.
Key Definitions
- CCPA: California Consumer Privacy Act of 2018, effective January 1, 2020, as amended.
- Personal Information: information, either directly or in combination with other information, that identifies, relates to, describes, is capable of being associated with, or could be reasonably linked to a particular consumer or household.
- “Sell, “Selling”, “Sale”, or “Sold”: selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating a consumer’s Personal Information to another business or third party for monetary or other valuable consideration.
- “Share,” “Shared,” or “Sharing”: sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.
Right to Know (Notice & Access)
You have the right to know the following as consumers:
- Personal Information that NeoGenomics has collected about you
- Categories of Personal Information that NeoGenomics has collected or sold about you
- The business purpose for which NeoGenomics has collected or sold the categories of your Personal Information
- Categories of third parties to whom NeoGenomics has sold your Personal Information.
Categories of Personal Information NeoGenomics Collects
| Categories of Personal Information | Desription/Examples | Purpose(s) of collection and/or disclosure by NeoGenomics |
|---|---|---|
| Identifiers | Name, postal address, IP address, email address |
To address an inquiry or order that you submit through our website or through our Customer Service department; To protect against any deceptive, fraudulent, malicious or illegal activity; To provide you with information about our products and services; and To provide information, coordinate, and confirm applicability regarding employment opportunities. |
| Personal Information (as defined in subdivision “v” of California Civil Code 1798.140) | Name, address, telephone number, social security number, insurance policy number, medical information and health information |
To address an inquiry or order that you submit through our website or through our Customer Service department; To protect against any deceptive, fraudulent, malicious or illegal activity; To provide you with information about our products and services; and To provide information, coordinate, and confirm applicability regarding employment opportunities. Insurance policy number and medical/health information will only be collected if necessary for treatment purposes. For information about NeoGenomics privacy practices as it pertains to this type of personal information, please refer to our Notice of Health Information Privacy Practices. |
| Sensitive personal information (as defined in subdivision “ae” of California Civil Code 1798.140) | Sex, age, medical conditions and information, government issued identification, social security number, financial information, precise geolocation |
To verify identity to address an inquiry or order that you submit through our website or through our Customer Service department; To protect against any deceptive, fraudulent, malicious or illegal activity; To determine if individual qualifies for NeoGenomics Financial Assistance program; and To provide information, coordinate, and confirm applicability regarding employment opportunities. Medical/health information will only be collected if necessary for treatment or payment purposes. For information about NeoGenomics privacy practices as it pertains to this type of personal information, please refer to our Notice of Health Information Privacy Practices. |
| Commercial Information | Transaction information, payment history, financial details |
To address an inquiry or order that you submit through our website or through our Customer Service department; To protect against any deceptive, fraudulent, malicious or illegal activity; To provide you with information about our products and services; To determine if individual qualifies for NeoGenomics Financial Assistance program; and For payment purposes, related to treatment services we provided. For information about NeoGenomics privacy practices as it pertains to this type of personal information, please refer to our Notice of Health Information Privacy Practices. |
| Biometric Information | Imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. | NeoGenomics does not collect this type of Personal Information |
| Internet or other electronic network activity information | Information regarding a consumer’s interaction with an internet Web site, application or advertisement |
To enhance your experience, gather information about visitors and visits to our websites and improve the quality of the services we offer; and To provide you with information about our products and services. |
| Geolocation data | Data derived from a device and that is used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet, except as prescribed by regulations. | To verify identity to address an inquiry or order that you submit through our website. |
| Audio, electronic, visual, thermal, olfactory, or similar information | Audio or call recordings |
To address an inquiry or order that you submit through our website or through our Customer Service department; To protect against any deceptive, fraudulent, malicious or illegal activity; and To improve the quality of the services we provide. |
| Professional or employment-related information | Work history, previous employers | To support Human Resources, data necessary in order to provide administrative services related to employment and potential employment. |
| Education information | As defined by Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) | To support Human Resources, data necessary in order to provide administrative services related to employment and potential employment |
| Inferences drawn from any of the information used to create a profile about a consumer | Consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. | NeoGenomics does not collect this type of Personal Information |
Sale or Sharing of Personal Information
Medical professionals’ identifiable contact information is sold to third parties, including companies that sponsor clinical trials. Third parties may use commercially acquired personal information to contact the medical professional directly in connection with clinical trials sponsored by the third parties. The medical professional has the right to opt-out link of such sale at any time via the opt-out link, located on NeoGenomics’ website. You may also submit your request by mail, e-mail or phone (refer to the “How to Exercise Your Rights” section).
In the preceding twelve (12) months, NeoGenomics has sold the following categories of Personal Information:
| Categories of Individuals | Categories of Personal Information | Description/Examples | Categories of Third Parties to Whom Personal Information was Sold |
|---|---|---|---|
| Medical Professionals | Identifiers | Name, address of medical practice, email address | Pharmaceutical Companies sponsoring Clinical Trial Studies |
| Medical Professionals | Personal Information (as defined in subdivision “e” of California Civil Code 1798.80) | Name, address of medical practice, telephone number | Pharmaceutical Companies sponsoring Clinical Trial Studies |
Right to Opt-Out
You have the right to direct NeoGenomics not to sell your Personal Information at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by clicking here: Do Not Sell or Share My Personal Information. However, you may change your mind and opt back in to Personal Information sales or sharing at any time by contacting us at compliance@neogenomics.com. You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
Right to Correct
You have the right to request that NeoGenomics correct any Personal Information we have collected from you. To exercise the right of correction, you (or your authorized representative) may submit your request by mail, e-mail or phone (refer to the “How to Exercise Your Rights” section). We shall use commercially reasonable efforts to correct the inaccurate personal information for all verified consumer requests to correct inaccurate personal information.
Right to Delete
You have the right to request that NeoGenomics delete any Personal Information we have collected from you, with certain exceptions and limitations. NeoGenomics shall not be required to fulfill a consumer request to delete Personal Information we have collected if it is necessary for NeoGenomics to do any of the following:
- Complete a transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or otherwise perform a contract between NeoGenomics and the consumer.
- Detect security incidents, protect against deceptive, fraudulent, malicious or illegal activity; or prosecute those responsible for such activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Ensure another consumer’s right to exercise free speech or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
- To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with NeoGenomics.
- Comply with a legal obligation.
Right to Limit Use of Sensitive Data
You have the right to request that NeoGenomics limit the use of sensitive data we have collected from you, with certain exceptions and limitations. If you request that we limit the use of your sensitive data, NeoGenomics will only use of sensitive data we have collected if it is necessary for NeoGenomics to do any of the following:
- Perform the services or provide the goods reasonably expected by you when requesting such goods or services.
- To ensure security and integrity in the use of your personal information to the extent that use reasonably necessary and proportionate for those purposes.
- For short-term, transient use, including but not limited to non-personalized advertising shown as part of your current interaction with us, provided that your personal information is not disclosed to another third party or used to build a profile about you or otherwise alter your experience outside the current interaction with us.
- To perform services on behalf of NeoGenomics, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of NeoGenomics. To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by NeoGenomics, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by NeoGenomics.
- If available, to support the ability for a global opt-out from sale and sharing of your personal information.
- And as detailed in our privacy policy.
Right to Non-Discrimination
NeoGenomics will not discriminate against any consumer who wishes to exercise any of the rights available to them under the CCPA. Discrimination includes but is not limited to the denial of goods or services, charging different rates for goods or services, or providing a different level or quality of goods or services.
Right to appeal a denial of your request
Some states provide additional rights to their residents. If we decline to process your request, you may have the right to appeal our decision. You can do so by replying directly to our denial or emailing compliance@neogenomics.com.
Browser “Do not Track” signals
NeoGenomics uses systems that can identify “Do not Track” capabilities in browsers and respond to those systems by turning off or disabling non-essential cookies on our websites that use non-essential cookies. Disabling cookies can alter your experience on our web sites.
How to Exercise Your Rights
You may exercise your right to opt-out here and complete the online form. You may also submit your request to exercise any of your other rights by mail, e-mail or phone (information below).
All other requests, complaints, or inquiries can be submitted by mail, e-mail or phone to:
| By Mail: |
NeoGenomics Laboratories, Inc. Attn: Compliance & Ethics 9490 NeoGenomics Way Fort Myers, Florida 33912 |
| By Email: | compliance@neogenomics.com |
| By Phone: | (866) 776-5907 x2400 |
These rights are not absolute, are subject to exceptions and limitations, and may not be afforded to residents of all states. In certain cases, we may decline requests to exercise these rights where permitted by law. We will need to verify your identity to process your access, deletion, and correction requests and reserve the right to confirm your state residency. Upon receipt of a verifiable and reasonable consumer request to “know” or to “delete”, NeoGenomics will confirm receipt and process the request within 45 days of receiving the request. Only requests submitted by the consumer or someone legally authorized to act on the consumer’s behalf will be considered, and the request must provide sufficient information in order for NeoGenomics to properly authenticate and fulfill the request.
NeoGenomics will provide the consumer with a disclosure of information, free of charge and in writing, within 45 days of receiving a verifiable and reasonable consumer request to “know”. As a business, our obligations with the consumer’s right to “know” are limited to no more than two (2) requests within a twelve (12) month period, and the amount of Personal Information collected in the twelve (12) month period prior to NeoGenomics receipt of the consumer’s request. Additionally, if a consumer request is determined to be unfounded or excessive, NeoGenomics reserves the right to charge a reasonable fee or refuse to fulfill the request and notify the consumer of the reason for refusal.
Changes to Our Policy
NeoGenomics will review and, if necessary, update this policy at least once every twelve (12) months and more frequently as needed. If any changes are made to this policy, we will post those changes on this page. This policy was last modified on November 1, 2023.