TERMS OF SERVICE (TOS)

Welcome and thank you for your interest in GENOME, Inc. / TOVANA Health. (“GENOME & TOVANA Health,” “we,” or “us”). GENOME & TOVANA Health performs genetic screening and analysis (“Test”) and assesses an individual’s risk for diseases and other genetic traits based on the Test and the individual’s health history provided to us by the individual or by the individual’s healthcare provider. By providing a sample of saliva, buccal cells swab or in some cases blood, using the collection kit (“Test Kit”) and filling out the health and family history questionnaire that TOVANA Health provides, individuals can learn their genetic risk for diseases or genetic traits through a results report (“Result”). Results do not indicate the absence or presence of a disease, only a risk or predisposition. Your use of the TOVANA Health website, Test Kit, Test, Result and any genetic counseling or other content or support provided through TOVANA Health (collectively, the “Service”) are governed by the following terms and conditions.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THE SERVICE OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE GENERAL TERMS AND CONDITIONS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THESE ”TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE.

  1. Eligibility.
    You represent and warrant to us: that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
  2. Informed Consent.
    Your use of the Service is subject to GENOME & TOVANA Health Informed Consent for the specific Test ordered. The Informed Consent will incorporate the GENOME & TOVANA Health Privacy Policy, as may be modified in the Informed Consent, and may incorporate additional terms, policies, rules or guidelines applicable to the Service that we may post on or provide a link to on the Service. All such additional terms are hereby incorporated by reference into, and made a part of, these Terms..
  3. Counselling and Medical Advice.
    You and your healthcare provider should each read and understand the Informed Consent and any limitations or disclaimers that are part of the Results. GENOME & TOVANA Health recommends that you speak to a genetic counsellor and also with your physician or other qualified healthcare provider both prior to a Test regarding the Test, its limitations, and the physical, privacy, discrimination and other risks described in the Informed Consent and any questions you may have, and also regarding the Results and interpretation of the Results, and, in any event, regarding any questions you may have about the treatment, mitigation or prevention of any disease or other genetic traits. You are responsible for the completeness of the medical and family history provided to GENOME & TOVANA Health. The Results can be analyzed to potentially aid physicians in the evaluation of a broad range of health conditions or physiological traits. Patients will not receive medical results, or a diagnosis, or a recommendation for treatment from GENOME & TOVANA Health. In no way does GENOME & TOVANA Health guarantee your health, the health of an unborn child, or the health of your family members. Any Results that might be deemed medically actionable should be confirmed using alternative testing. If any questions or concerns arise about what is learned through the Service, patients should contact their physician or a genetic counselor.
  4. Accounts and access credentials.
    In order to deliver Results electronically or otherwise manage your Test, you may be required to provide us with some information about yourself (such as your email address or other contact information), or if you are a healthcare provider, about the individual for whom the Test is intended to be used. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. To protect your Protected Health Information you are solely responsible for maintaining the confidentiality of your account, password, or other access credentials. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you should promptly change your login information and notify us atinfo@arabgenome.com.
  5. Payment.
    GENOME & TOVANA Health does not bill insurance providers and this Test may not be reimbursed by health insurance or covered by HMOs. This means that you are personally responsible for 100% of the costs of this testing. All fees are in U.S. Dollars. If you pay with a credit card, GENOME & TOVANA Health may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the fees. Tests may not be cancelled once laboratory processing has commenced. Any orders canceled in writing prior to lab processing, may be cancelled and Provider is responsible only for a charge for the Test Kit value and shipping cost. Any refund for a purchase made on a credit will be made on the same purchasing credit card.
  6. Ownership; Proprietary Rights.
    The Service is owned and operated by TOVANA Health. TOVANA Health retains all intellectual property and other proprietary rights, under all applicable laws, in and to the visual interfaces, graphics, design, compilation, information, data, Results, computer code (including source code or object code), bioinformatics pipeline, Test Kit and all other elements of the Service (“Materials”) provided by TOVANA Health. All Materials contained in the Service are the property of TOVANA Health or our third-party licensors. You are granted a limited license to use the Results for personal, non-commercial use only, and except as expressly authorized by TOVANA Health in a separate agreement, you may not make use of the Materials. You have no right to offer anyone else any further right with respect to the Materials for any commercial use, and you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Materials (either in whole or in part). TOVANA Health reserves all rights to the Materials not granted expressly in these Terms.
  7. Indemnity.
    You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify and hold harmless GENOME & TOVANA Health and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service, or (ii) your or your healthcare provider’s violation of these Terms or any representation, warranty or agreements referenced herein, or any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
  8. Disclaimers; No Warranties
    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE GENOME & TOVANA HEALTH ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GENOME & TOVANA HEALTH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  1. Limitation of Liability
    IN NO EVENT WILL THE GENOME & TOVANA HEALTH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE GENOME & TOVANA HEALTH ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE GENOME & TOVANA HEALTH ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY OR (ii) $50 US Dollars.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Dispute Resolution and Arbitration

10.1 Generally. In the interest of resolving disputes between you and GENOME / TOVANA Health in the most expedient and cost effective manner, you and GENOME / TOVANA Health agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. Any arbitration hearings will take place at a location to be agreed upon in Houston, Texas. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse GENOME / TOVANA Health for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GENOME / TOVANA HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.2 Exceptions. Notwithstanding subsection 10.1, GENOME / TOVANA Health and you agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

10.3 No Class Actions. YOU AND GENOME / TOVANA HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GENOME / TOVANA Health agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

10.4 Modifications. In the event that GENOME & TOVANA Health makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with GENOME & TOVANA Health shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

10.5 Enforceability. If the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 shall govern any action arising out of or related to these Terms.

  1. Modification of the Terms.
    GENOME & TOVANA Health reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms will identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, GENOME & TOVANA Health will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Service with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service.
  2. General.
    These Terms, together with the Privacy Policy, Informed Consent and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and GENOME / TOVANA Health regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and GENOME / TOVANA Health agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Houston, Texas for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including Sections 6 through 10 and 12.
  3. Contact Information.
    You may contact us by emailing us at info@arabgenome.com

Version Date: April 19, 2018
GENOME & TOVANA Health

TERMS OF USE (TOU)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS WEBSITE OR ANY OF ITS CONTENT. BY ACCESSING, BROWSING OR USING THIS WEBSITE OR ANY OF ITS CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:

  1. YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS;
  2. YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS;
  3. THESE TERMS AND CONDITIONS ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND GENOME / TOVANA HEALTH; AND
  4. IF ACCESSING, BROWSING OR USING THIS WEBSITE OR ANY OF ITS CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THESE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT DO NOT ACCESS, BROWSE OR USE THIS WEBSITE OR ANY OF ITS CONTENT. MOREOVER, GENOME & TOVANA HEALTH DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THIS WEBSITE OR ITS CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

GENOME & TOVANA Health maintains the GENOME (“ARABGENOME”) Website (this "Website") as a service to the Internet community. The GENOME Website has been designed to provide general information about GENOME and its products and research. Read Conditions of Use ("Terms") carefully before using this Website. By using and or visiting this Website, you signify your assent to both these Terms and the terms and conditions of GENOME’s & TOVANA Health's Privacy Policy which is published and incorporated herein by reference. If you do not agree to these terms, do not use this Website.

The information on this Website is provided solely on an "AS IS" and "AS AVAILABLE" basis. GENOME & TOVANA Health is not engaged in rendering investment or medical advice via this Website, nor does it provide instruction on the appropriate use of products produced, supplied or under development by GENOME & TOVANA Health, its affiliates, related companies or its licensors or joint venture partners. Access and use of the GENOME Website is subject to the terms and conditions set forth herein and all applicable laws, statutes and/or regulations.

GENOME & TOVANA Health may revise or modify these Terms from time to time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the GENOME Website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Any use of this Website by you after such notice shall be deemed to constitute acceptance of the changes.

GENOME & TOVANA Health will use reasonable efforts to include accurate and up-to-date information on GENOME Website; however, any information presented on the Website as of a particular date may only be accurate as of such date and GENOME & TOVANA Health disclaims any responsibility to update such information. Information about companies other than GENOME & TOVANA Health contained in news, press releases or otherwise that are posted on the Website should not be relied upon as being provided or endorsed by GENOME & TOVANA Health.

You must exercise caution, good sense and sound judgment in using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. GENOME & TOVANA Health will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You are not obligated to register with GENOME & TOVANA Health in order to access the Website. However, GENOME & TOVANA Health may offer certain features and services for which registration is necessary. For information regarding registering your institution contact GENOME at info@arabgenome.com We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

In using this Site, you agree not to:

Send or otherwise transmit to or through this Website or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

Misrepresent your identity or affiliation in any way;

Use this Website to disclose or obtain another's personal information, or collect information about users of this Website;

Gain unauthorized access to this Website, or assist others to gain unauthorized access, or to disclose users' names or personally identifiable information, or to gain or provide unauthorized access to other computers or Websites connected or linked to this Website;

Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

Send or otherwise transmit to or through this Website or to us through email chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, messages marketing or advertising goods and services;

Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

Violate any applicable laws or regulations or these Terms;

Assist or permit any persons in engaging in any of the activities described above.

USER IDS AND PASSWORDS

Access to certain areas of the Website limited by a user identifier ("User ID") and password, which are selected and/or supplied as part of the registering for a service account with GENOME / TOVANA Health (the "GENOME / TOVANA Health account"). By registering, You represent, warrant and covenant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only true, accurate, current and complete information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.

By logging onto the Website using any password, You represent, warrant and covenant that You are authorized to use such password and to engage in the activities that You conduct thereunder. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through this Website. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password with any third party.

GENOME & TOVANA Health reserves the right to deny or revoke access to the Website, or any part thereof, at any time in our sole discretion, with or without cause. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify GENOME / TOVANA Health immediately.

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GENOME & TOVANA HEALTH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

GENOME & TOVANA Health makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this Website. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website is at your sole risk. GENOME & TOVANA Health makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Website is free of viruses.

GENOME & TOVANA HEALTH SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE GENOME WEBSITE. GENOME & TOVANA HEALTH EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF GENOME & TOVANA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITE.

You agree to indemnify, defend and hold GENOME & TOVANA Health and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Website. By submitting any communication or material to GENOME & TOVANA Health, you agree that: (1) if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose; (2) you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer; (3) such content will be deemed non-confidential; and (4) you grant to GENOME & TOVANA Health a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with GENOME & TOVANA Health's Privacy Statement, and waive any moral rights you may have in such content. Subject to GENOME & TOVANA Health's Privacy Statement, GENOME & TOVANA Health shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason. It is the policy of GENOME & TOVANA Health to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of GENOME & TOVANA Health, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All content of the GENOME / TOVANA Health Website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that you may view, use and download a single copy of this Website for your informational, non-commercial use. Except as provided herein, no part of any content or software on this Website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of GENOME / TOVANA Health. The use or misuse of GENOME or TOVANA Health's trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.

This Site is controlled and operated by GENOME & TOVANA Health, GENOME & TOVANA Health makes no representation that materials in the Website are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.

GENOME & TOVANA Health may terminate your use of this Website or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from this Website and all copies thereof. The provisions of these Terms concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to these Terms, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

GENOME & TOVANA Health reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using the GENOME Website, including the right to block access from a particular Internet address to the Website. By choosing to visit this Website or otherwise provide information to GENOME & TOVANA Health, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of Texas and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of Houston County in the State of Texas. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

This Website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third party pages and expressly disclaim liability for all third party information and the use of it.

GENOME & TOVANA Health's Privacy Statement ("Privacy Statement"), as it may change from time to time, is a part of these terms and conditions for using the GENOME / TOVANA Health Website and is incorporated herein by this reference. GENOME & TOVANA Health reserves the right, and you authorize GENOME & TOVANA Health, to the use and assignment of all information regarding your use of this Website and all information provided by you in any manner consistent with GENOME & TOVANA Health's Privacy Statement.

If you have any questions about these terms and conditions, please let us know by emailing info@arabgenome.com, or sending us a message using the contact form on our Contact page.

PRIVACY POLICY & SECURITY

EFFECTIVE DATE: April 2018

Privacy Statement

GENOME & TOVANA Health ("GENOME & TOVANA Health," "we" or "us") is committed to protecting the privacy of all visitors to the GENOME / TOVANA Health website. GENOME & TOVANA Health has established this Privacy Statement to inform you of the specific practices and guidelines that help ensure the security and confidentiality of your personal information.

By using or accessing in any way the websites we control and operate, including www.arabgenome.com, www.tovanahealth.com, and www.dnaunlocked.com (our "Websites"), and our online portal/platform https://www.arabgenome.com, https://arabgenome.tovanahealth.com/, https://www.tovanahealth.com " or by transmitting information to us by email or other electronic means, you agree to the terms of this Privacy Statement. If you do not agree with the terms of this Privacy Statement, please do not access or use the Websites.

UPDATES

GENOME & TOVANA Health may revise this Privacy Statement from time to time. All updates to this statement will be posted on this web page. If we make significant changes, GENOME & TOVANA Health will notify you by posting a notice on the website. Please check the website for the most current version of our Privacy Statement. Your continued use of the website after we have posted a notice on the website constitutes your acceptance of such changes.

LINKED WEBSITES

The GENOME & TOVANA Health Websites may contain links to external websites. GENOME & TOVANA Health does not maintain these sites and is not responsible for the privacy practices of sites that it does not operate. Please refer to the specific privacy statements posted on these sites.

AGGREGATE DATA COLLECTION

GENOME & TOVANA Health tracks visits to our Websites and uses visitor logs to compile anonymous aggregate statistics. This aggregate information is collected sitewide, and includes anonymous website statistics. In addition, when you browse our Websites, our system automatically collects information such as your web request, Internet Protocol ("IP") address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, pages viewed and the order of these page views, the amount of time spent on particular pages, the date and time of your request and one or more cookies that may uniquely identify your browser. This information is used to analyze trends, administer the Websites, improve the design of our Websites and otherwise enhance the services we provide.

COOKIES

Certain pages of the Websites and/or html email correspondence may use session cookies, persistent cookies or web beacons to anonymously track unique visitors, save website preferences and to allow us to recognize visits from the same computer and browser. You have the option to reject the Websites' cookies and still use the Website. However, your access to the Website may be limited.

TYPES OF PERSONAL INFORMATION COLLECTED

GENOME & TOVANA Health may collect, store and use personally identifiable information (such as name, email address, postal code and email preferences) when it is voluntarily submitted to us, such as when you register for updates or contact us.

CHILDREN

The GENOME & TOVANA Health Websites are directed toward adults. If you are under the age of 13, you must obtain the authorization of a responsible adult (parent, legal custodian or teacher) before using or accessing our Websites. We will not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have collected any personal information from children under 13, we will promptly remove such information from our databases.

USE OF PERSONAL INFORMATION

We may use your personal information to contact you, improve this site, provide you with information that you have requested or provide you with additional information, which GENOME & TOVANA Health believes may be of interest to you. We may also use this information to respond to your inquiries, provide you with technical support and enforce our Terms and Conditions and other policies governing use of the Websites. We may combine your information with other information about you that is available to us, including information from other sources. GENOME & TOVANA Health will keep resumes confidential and will use them only for employment purposes. Use for any other purpose will be with your explicit consent. GENOME & TOVANA Health will not sell or rent your personal information to any other company or organization. GENOME & TOVANA Health may share your information with third party service providers who perform marketing or other services on our behalf. GENOME & TOVANA Health may access and/or disclose your personal information to law enforcement officials, regulatory agencies or other third parties as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of illegal activity that may expose us to legal liability or costs, to enforce our policies governing the Websites and for regulatory compliance. GENOME & TOVANA Health may also disclose your information in connection with corporate restructuring, merger or consolidation with, or sale of substantially all of our assets to a third party. We do not guarantee that any entity receiving such information in connection with one of these transactions will abide by this Privacy Statement.

SECURITY MEASURES

Information that you provide to GENOME & TOVANA Health through these Websites is encrypted using industry standard Secure Sockets Layer (SSL) technology, with the exception of information you send via email. Your information is processed and stored on controlled servers with restricted access. Unfortunately, we cannot ensure or warrant the security of any information you transmit to our Websites, and you do so at your own risk. As a consequence, GENOME & TOVANA Health disclaims any warranties or representations relating to maintenance or nondisclosure of private information.

INFORMATION ACCESS, UPDATES AND CHOICE

You may choose to provide information to GENOME & TOVANA Health by completing the registration form, sending us an email or otherwise contacting us. In the registration form, you may have an opportunity to elect to receive certain communications from us. GENOME & TOVANA Health email correspondence will include instructions on how to update certain personal information and how to unsubscribe from our emails and postal mail correspondence. Please follow the instructions in the emails to notify GENOME & TOVANA Health of changes to your name, email address and preference information. GENOME & TOVANA Health will take reasonable steps, such as confirmation emails, to verify your identity before granting access to your personal information. If you choose to unsubscribe from our email and/or postal mail services, you will no longer receive this correspondence. However, GENOME & TOVANA Health may retain your information for a period of time to resolve disputes, troubleshoot problems or for other valid business or legal reasons.

THIRD PARTY INFORMATION

You agree that you have provided notice to, and obtained consent from, any third party individuals whose personal information you supply to us, including with regard to: (a) the purposes for which such third party's personal information has been collected; (b) the intended recipients or categories of recipients of the third party's personal information; (c) which of the third party's information is obligatory and which information, if any, is voluntary; and (d) how the third party can access and, if necessary, rectify the information held about them.

FINANCIAL INFORMATION

We do not currently collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.

EMAIL COMMUNICATIONS WITH US

As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Services, such as password recovery.

GOVERNING LAW

Our Websites are controlled and operated by GENOME & TOVANA Health. By choosing to visit our Websites or otherwise provide information to GENOME & TOVANA Health, you agree that any dispute over privacy or the terms contained in this Privacy Statement will be governed by the laws of the State of Texas. If you are accessing our Websites from any location with regulations or laws governing personal data collection, use or disclosure that differ from United States laws or regulations, please note that through your continued use of our Websites, which is governed by the laws of the State of Texas and the United States of America and this Privacy Statement, you are transferring personal information to the United States of America and you consent to that transfer and to the collection and processing of such information in the United States. You also consent to the adjudication of any disputes arising in connection with our Websites and Platforms.

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.

NOTICE OF PRIVACY PRACTICES & HIPAA

EFFECTIVE DATE OF NOTICE: August 1, 2017

This Notice describes the privacy practices of GENOME & TOVANA Health, its employees and other personnel ("GENOME & TOVANA Health," "we" or "us").

  1. Our responsibility

GENOME & TOVANA Health and the members of its workforce are committed to protecting the privacy and confidentiality of your personal information, genetic information and laboratory test results.

GENOME & TOVANA Health is required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to keep your personal health information ("Protected Health Information") confidential. This Notice that describes our legal duties, privacy practices and explains your patient privacy rights. When we use or disclose your Protected Health Information, we are required to abide by the terms of this Notice.

  1. What is protected health information

Protected Health Information is your demographic information, medical history, laboratory results, insurance information and other health information that is collected, generated, used and communicated by GENOME & TOVANA Health to produce genetic testing results and bill for our testing services. Examples of Protected Health Information include your name, date of birth, medical record number, social security number, insurance beneficiary number and genetic information.

III. How we use and disclose your health information

Your Protected Health Information may be used and disclosed for treatment, payment, healthcare operations and other purposes permitted or required by law. GENOME & TOVANA Health may use and disclose your Protected Health Information for the following purposes:

We may use or disclose your Protected Health Information for treatment purposes. For example, we may use your Protected Health Information to perform our testing services and disclose your genetic testing results to your physician and other healthcare providers involved in your care.

PAYMENT

We may use or disclose your Protected Health Information to obtain payment for healthcare services we provide. For example, we may use and disclose your information to send a bill to your insurance company or health plan to receive payment for the services provided to you.

HEALTHCARE OPERATIONS

We may use and disclose your Protected Health Information for our healthcare operations. For example, we may use your Protected Health Information to monitor the quality of our testing services and review the competence and qualifications of our laboratory professionals.

PERSONS INVOLVED IN YOUR CARE OR PAYMENT FOR YOUR CARE We may disclose your Protected Health Information to persons involved in your care or payment for your care, such as a family member, relative or close friend, unless you object or ask us not to.

PERSONAL REPRESENTATIVES

We may disclose Protected Health Information about you to your authorized personal representative, such as a lawyer, administrator, executor or other authorized person responsible for you or your estate.

MINORS' PROTECTED HEALTH INFORMATION

We may disclose Protected Health Information about minors to their parents or legal guardians.

COMMUNICATIONS ABOUT PRODUCTS AND SERVICES

We may use and disclose your Protected Health Information to contact you about other GENOME & TOVANA Health products and services which we believe may be of interest to you. Any use, disclosure or sale of Protected Health Information to third parties for marketing purposes requires your written authorization.

DISCLOSURES TO BUSINESS ASSOCIATES

We may disclose your Protected Health Information to other companies or individuals, known as "Business Associates," who provide services to us. For example, we may use a company to perform billing services on our behalf. Our Business Associates are required to protect the privacy and security of your Protected Health Information and notify us of any improper disclosure of information.

AS REQUIRED BY LAW

We must disclose your Protected Health Information when required to do so by any applicable federal, state or local law.

PUBLIC HEALTH ACTIVITIES

We may disclose your Protected Health Information for public health-related activities. Examples include: reporting diseases to authorized public health authorities or public health investigations; or notifying a manufacturer of a product regulated by the U.S. Food and Drug Administration of a possible problem encountered when using the product in our testing process.

HEALTH OVERSIGHT ACTIVITIES

We may disclose your Protected Health Information to a healthcare oversight agency for activities that are authorized by law, such as audits, investigations, inspections and licensure activities. For example, we may disclose your Protected Health Information to agencies responsible for ensuring compliance with the rules of government health programs such as Medicare or Medicaid.

RESEARCH

Under certain circumstances, we may use or disclose your Protected Health Information for research purposes. All research projects at GENOME & TOVANA Health are subject to review by a committee responsible for ensuring the protection of individual research subjects, appropriate patient authorization and an adequate plan to safeguard Protect Health Information. In preparation for research, we may review limited Protected Health Information to draft research protocols, to identify prospective research participants or for similar purposes provided the information is not removed from our premises.

ORGAN OR TISSUE PROCUREMENT

We may disclose Protected Health Information to organ procurement organizations or related entities for the purpose of facilitating organ or tissue donation and transplantation.

CORONERS, MEDICAL EXAMINERS AND FUNERAL DIRECTORS

We may disclose Protected Health Information to coroners, medical examiners or funeral directors to identify a deceased patient, to determine cause of death or other duty authorized by law.

JUDICIAL AND ADMINISTRATIVE PROCEEDINGS

Under certain circumstances, we may disclose your Protected Health Information in the course of a judicial or administrative proceeding in response to a court order, subpoena or other lawful process.

LAW ENFORCEMENT

We may disclose your Protected Health Information to the police or other law enforcement officials as required by law or in compliance with a court order, warrant, subpoena, summons or other legal process for locating a suspect, fugitive, witness, missing person or victim of a crime

THREATS TO HEALTH OR SAFETY

We may disclose Protected Health Information to prevent or reduce the risk of a serious and imminent threat to the health or safety of an individual or the general public. VICTIMS OF ABUSE, NEGLECT OR VIOLENCE If required or authorized by law, we may disclose Protected Health Information to a government agency, such as social services or a protective services agency, if we reasonably believe that an individual adult or child is the victim of abuse, neglect or domestic violence.

SPECIALIZED GOVERNMENT FUNCTIONS

Under certain circumstances, we may disclose your Protected Health Information to units of the government with special functions, such as the U.S. Military or the U.S. Department of State.

WORKERS COMPENSATION PROGRAMS

We may disclose your Protected Health Information as necessary to comply with requirements of workers' compensation or similar programs that provide benefits for work-related injuries or illness.

ALL OTHER USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

We will ask for your written authorization before using or disclosing your Protected Health Information for any purpose not described above. You may revoke your authorization, in writing, at any time, except for disclosures that the company has already acted upon.

  1. Your rights regarding your medical information

You have the following rights with respect to your Protected Health Information. To exercise any of these rights, please contact our Privacy Office using the contact information provided at the end of this Notice.

ACCESS TO PROTECTED HEALTH INFORMATION

You, or your authorized or designated personal representative, have the right to inspect and copy the Protected Health Information maintained by us. We may deny access to certain information for specific reasons, for example, where Federal and state laws regulating laboratories prohibit us from disclosing genetic testing results directly to a patient.

RESTRICTIONS ON USES AND DISCLOSURES

You have the right to request restrictions on our use and disclosure of your Protected Health Information. While we will consider all requests for additional restrictions carefully, we are not required to agree to a requested restriction except for Payment or Operations restrictions where payment has been made "out-of-pocket" and paid-in-full. If we do agree to a requested restriction, we will notify you in writing.

CONFIDENTIAL COMMUNICATIONS

You have the right to request that we communicate with you about your Protected Health Information by alternative means or to an alternative address. Your request must be in writing and must specify the alternative means or location. We will accommodate reasonable requests for confidential communications.

CORRECT OR UPDATE INFORMATION

If you believe the Protected Health Information we maintain about you contains an error, you may request that we correct or update your information. Your request must be in writing and must explain why the information should be corrected or updated. We may deny your request under certain circumstances and provide a written explanation.

ACCOUNTING OF DISCLOSURES

You may request a list, or accounting, of certain disclosures of your Protected Health Information made by us or our business associates for purposes other than treatment, payment, healthcare operations and certain other activities. The request must be in writing and the list will include disclosures made within the prior six years.

COPY OF NOTICE

Upon request, you may obtain a paper or electronic copy of this Notice.

  1. Information breach notification

We are required to notify you following the discovery of a breach of unsecured Protected Health Information, unless there is a demonstration, based on a risk assessment, that there is a "low probability" that the Protected Health Information has been compromised. You will be notified in a timely fashion, no later than 60 days after discovery of the breach.

  1. Questions and complaints

If you have questions or concerns about our privacy practices or would like a more detailed explanation about your privacy rights, please contact our Privacy Office using the contact information below.

If you believe that we may have violated your privacy rights, you may submit a complaint to our Privacy Office. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request. GENOME & TOVANA Health will not take retaliatory action against you and you will not be penalized in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.

VII. Changes to our notice of privacy practices

We reserve the right to change our privacy practices and the terms of this Notice at any time, provided such changes are permitted by applicable law. We will promptly post any changes to this Notice on our website, in the user portal or via email. Please review this website periodically to ensure that you are aware of any updates.

VIII. Contact information

When communicating with us regarding this Notice, our privacy practices or your privacy rights, please contact the Privacy Office using the following contact information: info@arabgenome.com.

SAFE HARBOR PRIVACY POLICY (EUROPE)

EFFECTIVE DATE: April 1, 2018

Safe Harbor Privacy Policy

GENOME & TOVANA Health (“GENOME”, TOVANA Health”) respects individual privacy and values the confidence of its customers, employees, healthcare professionals, consumers and business partners.

GENOME & TOVANA Health is committed to upholding the confidentiality of personal information and strives to collect, use and disclose personal information in a manner consistent with the laws and regulations of the countries in which it does business.

This Safe Harbor Privacy Policy (the “Policy”) sets forth the privacy principles that GENOME & TOVANA Health follows with respect to personal information transferred from the European Economic Area (“EEA”) (which includes the 27 member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) and Switzerland to the United States of America.

  1. SAFE HARBOR

The United States Department of Commerce, the European Commission and the Swiss Federal Data Protection and Information Commissioner (FDPIC) have jointly agreed on a set of data protection principles and frequently asked questions (the “Safe Harbor Principles”) to enable U.S. companies to satisfy the requirement under European Union and Swiss law that adequate protection is given to personal information transferred from the EU or Switzerland to the United States.

The EEA and Switzerland have recognized the U.S. Safe Harbor as providing adequate data protection. GENOME & TOVANA Health has established a comprehensive Privacy and Security Compliance program and is committed to protecting personal privacy consistent with the seven Safe Harbor Principles.

  1. SCOPE

This Safe Harbor Privacy Policy (the “Policy”) applies to all personal information received by GENOME & TOVANA Health in the United States of America from the EEA and Switzerland, in any form including electronic, paper or verbal.

  1. DEFINITIONS

For purposes of this Policy, the following definitions shall apply: "Agent" means any third party that collects or uses personal information under the instructions of GENOME & TOVANA Health or to which GENOME & TOVANA Health discloses personal information for use on GENOME & TOVANA Health’s behalf.

"GENOME & TOVANA Health” means, GENOME, TOVANA Health, its successors, affiliates, subsidiaries, divisions and groups in the United States of America.

"Personal information" means any information or set of information that identifies or is used by or on behalf of GENOME & TOVANA Health to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information. "Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, or that concerns health or sex life. GENOME & TOVANA Health will treat any information received from a third party as sensitive personal information where that third party treats and identifies the information as sensitive personal information.

  1. PRIVACY PRINCIPLES

The privacy principles in this Policy are based on the Safe Harbor Principles. Notice: Where GENOME & TOVANA Health collects personal information directly from individuals in the EEA or Switzerland, it will inform them about the purposes for which it collects and uses such personal information and the type of Agents to which it discloses such information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to GENOME & TOVANA Health, or as soon as practicable thereafter, and in any event before GENOME & TOVANA Health uses or discloses the information for a purpose other than that for which it was originally collected. Where GENOME & TOVANA Health receives personal information from its subsidiaries, affiliates or other entities in the EEA or Switzerland, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals with respect to their personal information.

Choice: GENOME & TOVANA Health does not use personal information for purposes other than which it was collected, i.e., the provision of GENOME & TOVANA Health services. Personal information is not disclosed to non-agent third parties.

Onward Transfer: GENOME & TOVANA Health ensures that any Agent to whom it transfers personal information will safeguard personal information consistent with the terms of this Policy. The majority of Agents to whom GENOME & TOVANA Health transfers sensitive personal information are subject to the Health Information Portability and Accountability Act of 1996 (HIPAA) and are bound to protect the privacy and security of patient information. In the event that information is transferred to an Agent who is not subject to the HIPAA Rules, GENOME & TOVANA Health will assure that: the Agent is contractually obligated to provide at least the same level of protection as is required by HIPAA; is subject to EU Directive 95/46/EC (the EU Data Protection Directive); has certified to the Safe Harbor, or is subject to another European Commission adequacy finding (e.g., companies located in Switzerland). Where GENOME & TOVANA Health has knowledge that an Agent is using or disclosing personal information in a manner contrary to this Policy, GENOME & TOVANA Health will take all reasonable steps to prevent or stop that use or disclosure.

Security: GENOME & TOVANA Health will take all reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. GENOME & TOVANA Health uses a combination of technologies, procedures and organizational measures to safeguard personal information. Data Integrity: GENOME & TOVANA Health will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. GENOME & TOVANA Health will take all reasonable steps to ensure that personal information is relevant to its intended use and is accurate, complete and current. Access And Correction: Upon request, GENOME & TOVANA Health will grant individuals reasonable access to personal information that it holds about them. In addition, GENOME & TOVANA Health will take reasonable steps to permit individuals to correct, amend or delete information that is inaccurate or incomplete. GENOME & TOVANA Health will take reasonable steps to facilitate amendments to information provided by third parties if an individual raises a query. Enforcement: GENOME & TOVANA Health will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that GENOME & TOVANA Health determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Dispute Resolution: Any questions or concerns regarding the use or disclosure of personal information should be directed to the GENOME & TOVANA Health Privacy Officer at the address given below. GENOME & TOVANA Health will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between GENOME / TOVANA Health and the complainant, GENOME & TOVANA Health has agreed to participate in the dispute resolution procedures of the panel established by the European Data Protection Authorities and the Swiss Federal Data Protection and Information Commissioner to resolve disputes pursuant to the Safe Harbor Principles.

  1. LIMITATION ON APPLICATION OF PRINCIPLES

Adherence by GENOME & TOVANA Health to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation.

  1. INTERNET PRIVACY

GENOME & TOVANA Health sees the Internet and online technologies as valuable tools for communicating and interacting with consumers, employees, healthcare professionals, business partners and others. GENOME & TOVANA Health recognizes the importance of maintaining the privacy of information collected and/or stored online and has created an Internet Privacy Policy governing personal information collected or stored through the websites it operates. With respect to personal information that is transferred from the EEA or Switzerland to the United States of America the Privacy Policy is subordinate to this policy. However, the Privacy Policy also reflects additional legal requirements and evolving standards with respect to Internet privacy.

  1. CONTACT INFORMATION

Questions or comments regarding this Policy should be submitted to the GENOME & TOVANA Health Privacy Officer by mail as follows: info@arabgenome.com.