Mitogen Diagnostics Corporation (« MitogenDx« ) is committed to maintaining the accuracy,
confidentiality and security of your personal information. This Privacy Policy describes the personal
information that MitogenDx collects from or about you, how we use, and to whom we disclose that
information.
MitogenDx has adopted a series of Privacy Policies in order to address the specific privacy concerns of
certain groupings of individuals. This Privacy Policy applies to how we collect, use and disclose the
personal information of our customers, suppliers and other parties with whom we interact. We have
developed other documents that describe our privacy policies and practices with respect to our employees
(i.e. our « Employee Privacy Policy« ). If you are unsure of which Privacy Policy applies to you, please
contact our Privacy Officer for more information.
Privacy Policy Effective for Canada
It is MitogenDx’s policy to comply with the privacy legislation within each jurisdiction in which we
operate. Sometimes the privacy legislation and / or an individual’s right to privacy are different from one
jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions
of federal and provincial privacy laws in Canada, as applicable.
This Privacy Policy has a limited scope and application. Consequently, the rights and obligations
contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are
unsure if or how this Privacy Policy applies to you, please contact our Privacy Officer for more
information.
What Is Personal Information?
For the purposes of this Privacy Policy, personal information is any information about an identifiable
individual, other than an individual’s business contact information when collected, used or disclosed for
the purposes of enabling the individual to be contacted in relation to their business responsibilities.
What Personal Information Do We Collect?
We collect and maintain different types of personal information in respect of the individuals with whom
we interact. This includes your name, gender, age / date of birth, mailing address, phone number, e-mail
address, or payment information (e.g. credit card information). In some cases, we may collect certain
health-related information, such as medications, reasons for ordering a test through MitogenDx, health
care numbers and medical practitioner details. The nature of the services we provide generates other
health-related information (e.g. test results).
We may also collect market-related information, which may include personal information, concerning
market trends and activities impacting our business. This information may include contract terms,
financial information and other information for the purpose of market analysis and strategic planning. We
may also collect information related to our media, investor and public relations activities.
MitogenDx is a provider of diagnostic services that historically focus on autoimmune diagnostics and
cytokine immune biomarker diagnostics testing services. As such, MitogenDx may also collect personal
information from individuals participating in and / or impacted by these activities.
As described in further detail below, we may utilize the services of third parties and may also receive
personal information collected by those third parties in the course of the performance of their services for
us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties
have represented to us that they have the right to disclose your personal information to us.
Where permitted or required by applicable law or regulatory requirements, we may collect your personal
information without your knowledge or consent.
Our Website
We may collect information related to your visit to our website, including the IP address and domain used
to access our website, the type and version of your browser, the website you came from to access our
website, the page you entered and exited at, any website page within our website that is viewed by that IP
address and what country you are from. We may use this information to monitor our website’s
performance (such as number of visits, average time spent, page views) and for our other business
purposes, such as: (i) customizing certain content that we think you might like based on your usage
patterns; (ii) improving our products and services; and (iii) upgrading our website.
In connection with the foregoing, we may place a « cookie » on the hard drive of your computer to track
your visit. The cookie acts as an identification card and allows our website to identify you and to record
your passwords and preferences. The cookie allows us to track your visit to our website so that we can
understand your use of our website so that we can tailor the website to better meet your needs. Most web
browsers are set to accept cookies. However, on most web browsers you may change this setting to have
your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you
can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on
your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a
number of web pages found on the website.
In addition, we collect the personal information that you submit to our website, such as your name,
address and any other contact or other information that you choose to provide by:
- applying for a position with MitogenDx through our website; or
- by corresponding with a representative of MitogenDx via e-mail using the hyperlinks created for
that purpose.
Our website may contain links to other websites that may be subject to less stringent privacy standards. If
you click on a link to such a third party website, a third party may also place a cookie on your hard drive.
We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that
operate these websites. MitogenDx is not responsible for how such third parties collect, use or disclose
your personal information. You should review the privacy policies of these websites before providing
them with personal information.
Finally, we may use third party analytics tools to help us measure traffic and usage trends for our website.
These tools may use cookies and other technologies to collect information about your use of our website,
and collect information sent by your device or our website. This information may be used to, among
other things, analyze and track data, determine the popularity of certain content, better understand your
online activity, and assists us in improving our website.
For example, we use Google’s Universal Analytics to better understand who is using our website and how
people are using it. Google may use cookies, pixel tags and other technologies to collect and store
information such as website pages visited, places where users click, time spent on each website page, IP
address, type of operating system used, location-based data, device ID, search history, and phone number.
We use this information to improve our website and as otherwise described in this Privacy Policy. Please
see https://policies.google.com/technologies/partner-sites for information about how Google Analytics
uses this information, visit https://tools.google.com/dlpage/gaoptout for information about the Google
Analytics Opt-out Browser Add-on, and visit http://www.google.com/settings/ads to adjust the settings
for your Google account.
Why Do We Collect Personal Information?
MitogenDx collects personal information to enable us to manage, maintain, and develop our operations,
including, for example:
- to be able to provide our services;
- to establish, maintain and manage our relationship with you so that we may, for example, provide
you with the products and services that have been requested; - to be able to review the services that we provide to you so that we may: (i) understand your
requirements for our services; and (ii) work to improve our services; - to send you promotional and other marketing materials that we think might be of interest to you;
- to be able to comply with your requests;
- to monitor and investigate incidents and managing claims;
- to protect MitogenDx against error, fraud, theft, and damage to our goods and property;
- to enable us to comply with applicable laws or regulatory process; and
- any other reasonable purpose to which you consent.
To the extent permitted by applicable law, we may also anonymize or otherwise de-identify your personal
information for the purposes of: (i) improving our products and services; and/or (ii) creating aggregate
data.
How Do We Use and Disclose Your Personal Information?
We may use and disclose your personal information:
- as permitted or required by applicable laws or regulatory requirements;
- for the purposes described in this Privacy Policy; and
- for any additional purposes for which we have obtained your consent to the use or disclosure of
your personal information.
We may also use or disclose your personal information without your knowledge or consent where we are
permitted or required by applicable law or regulatory requirements to do so.
When Do We Disclose Your Personal Information?
We may share your personal information with our employees, contractors, consultants, affiliates, and
other parties who require such information to assist us with managing our relationship with you,
including: (i) third parties that provide services to us; and (ii) third parties that assist MitogenDx in the
provision of services to you.
For example, we may share your personal information from time to time with our third party information
technology, marketing, payment processing and data processing service providers so that we may operate
our business. As a result, your personal information may be collected, used, processed, stored or
disclosed in the United States, Canada, and Europe. As such, your personal information may potentially
be accessible to law enforcement and national security authorities of that jurisdiction.
In addition, your personal information may be disclosed or transferred to another party during the course
of the grant of a security interest in MitogenDx assets, or completion of, all or a part of MitogenDx
through, for example, an asset or share sale, or some other form of business combination, merger or joint
venture, provided that such party is bound by appropriate agreements or obligations and required to use or
disclose your personal information in a manner consistent with the use and disclosure provisions of this
Privacy Policy, unless you consent otherwise.
Finally, your personal information may be disclosed:
- as permitted or required by applicable law or regulatory requirements;
- to comply with valid legal processes such as search warrants, subpoenas or court orders;
- as part of MitogenDx regular reporting activities to its affiliates;
- to protect the rights and property of MitogenDx;
- during emergency situations or where necessary to protect the safety of a person or group of
persons; and - with your consent.
Your Consent Is Important to Us
It is important to us that we collect, use or disclose your personal information where we have your
consent to do so. Depending on the sensitivity of the personal information, your consent may be implied,
deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or
in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For
example, when you enter into an agreement with us, we will assume your consent to the collection, use
and disclosure of your personal information for purposes related to the performance of that agreement and
for any other purposes identified to you at the relevant time.
Typically, we will seek your consent at the time that we collect your personal information. In certain
circumstances, your consent may be obtained after collection but prior to our use or disclosure of your
personal information. If we plan to use or disclose your personal information for a purpose not previously
identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose
before such use or disclosure.
As we have described above, we may collect, use or disclose your personal information without your
knowledge or consent where we are permitted or required to do so by applicable law or regulatory
requirements.
Choice/Opt-Out
You may change or withdraw your consent at any time, subject to legal or contractual obligations and
reasonable notice, by contacting our Privacy Officer using the contact information set out below. All
communications with respect to such withdrawal or variation of consent should be in writing and
addressed to our Privacy Officer. In certain circumstances, the withdrawal of consent may render us
unable to continue to provide products or services where the collection, use or disclosure of your personal
information is necessary to provide the product or service.
We assume that, unless you advise us otherwise, you have consented to the collection, use and disclosure
of your personal information as explained in this Privacy Policy.
How Is Your Personal Information Protected?
MitogenDx endeavors to maintain physical, technical and procedural safeguards that are appropriate to
the sensitivity of the personal information in question. These safeguards are designed to prevent your
personal information from loss and unauthorized access, collection, use, disclosure, copying,
modification, disposal or destruction. Unfortunately, we cannot guarantee complete security: for example,
(i) unauthorized access use, or disclosure, (ii) hardware or software failure, and (iii) other events may
compromise the security of your personal information at any time.
The security of your personal information is important to us, please advise our Privacy Officer
immediately of any incident involving the loss of or unauthorized access to or disclosure of personal
information that is in our custody or control.
Updating Your Personal Information
It is important that the information contained in our records is both accurate and current. If your personal
information happens to change during the course of our relationship, please keep us informed of such
changes.
In some circumstances, we may not agree with your request to change your personal information and will
instead append an alternative text to the record in question.
Access to Your Personal Information
You can ask to see your personal information. If you want to review, verify or correct your personal
information, please contact our Privacy Officer. Please note that any such communication must be in
writing.
When requesting access to your personal information, please note that we may request specific
information from you to enable us to confirm your identity and right to access, as well as to search for and
provide you with the personal information that we hold about you. We may charge you a fee to access
your personal information; however, we will advise you of any fee in advance. If you require assistance
in preparing your request, please contact our Privacy Officer.
Your right to access the personal information that we hold about you is not absolute. There are instances
where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the
personal information that we hold about you. In addition, the personal information may have been
destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
In the event that we cannot provide you with access to your personal information, we will endeavor to
inform you of the reasons why, subject to any legal or regulatory restrictions.
Inquiries or Concerns?
If you have any questions about this Privacy Policy or concerns about how we manage your personal
information, please contact our Privacy Officer by telephone, in writing or by e-mail. We will endeavor
to answer your questions and advise you of any steps taken to address the issues raised by you. If you are
dissatisfied with our response, you may be entitled to make a written submission to the Office of the
Privacy Commissioner of Canada or the Privacy Commissioner in your jurisdiction.
Privacy Officer
We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact
information for our Privacy Officer is as follows:
Mitogen Diagnostics Corporation
3415 C 3rd Ave NW
Calgary, Alberta, Canada T2N 0M4
E-mail: accounts@mitogendx.com
Attention: Privacy Officer
Revisions to this Privacy Policy
MitogenDx from time to time, may make changes to this Privacy Policy to reflect changes in its legal or
regulatory obligations or in the manner in which we deal with your personal information. We will post
any revised version of this Privacy Policy on our website, and we encourage you to refer back to it on a
regular basis.
This Privacy Policy was last updated on October 4, 2021.
Interpretation of this Privacy Policy
Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy
Policy includes examples but is not intended to be restricted in its application to such examples; therefore
where the word « including » is used, it shall mean « including without limitation ».
This Privacy Policy does not create or confer upon any individual any rights, or impose upon MitogenDx
any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada’s
federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency
between this Privacy Policy and any applicable federal and provincial privacy laws, this Privacy Policy
shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.