What We Don’t Do With Your Data
- No Ownership: Your data, code, and analyses remain solely yours.
- No Monetization: We never sell or monetize your data.
- No Model Training: Your data isn’t used to train machine learning models.
- No Business Influence: Your data doesn’t inform our decisions, except for helping you debug and give you the best customer service.
- Purely Hosting: We are a hosting platform and interact with your data only for that purpose.
Information LatchBio May Collect From You
Our primary goals in collecting information are to provide genomic information management and analysis services to you, to improve our Site, features, content, and to run our business.
Genomic Information That You Voluntarily Provide
LatchBio collects and stores the genomic sequence data (DNA, RNA, etc), derived from humans or other organisms, that you submit to the Site along with metadata and other information related to such sequence data. You agree to and accept full responsibility for obtaining all necessary permissions and informed consents from the donors of all samples from which your submitted sequence data is derived.
HIPAA, Protected Health Information, and the Clinical Compliance Features
LatchBio is not a Covered Entity as that term is defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and its related regulations (collectively, “HIPAA”). On occasion, LatchBio may agree in writing with a user to perform services for the user in the capacity of a Business Associate under HIPAA. We offer a separate HIPAA Business Associate Privacy Agreement (“BA Privacy Agreement”) for HIPAA-regulated users, and we recommend that such users enter into a BA Privacy Agreement with LatchBio prior to uploading, storing, or otherwise transferring “protected health information” as defined in HIPAA (“PHI”) using the Site.
LatchBio offers clinical compliance features as part of its service (“Compliance Features”) for users who wish to upload, store, or otherwise transfer PHI, as well as users who are using the services in connection with their clinical operations. Users who desire to upload, store, or otherwise transfer PHI using the services must implement all of the required Compliance Features. The uploading, storing, or transferring of PHI using the services by users that have not implemented the Compliance Features is strictly prohibited. You agree that, unless you have implemented the Compliance Features, you will not upload, store, or otherwise transfer PHI using the services. You acknowledge that this may require you, in some instances, to anonymize sequence data prior to uploading it to the services. You further agree to indemnify and hold harmless LatchBio of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to your uploading, storing, or transferring of PHI without having fully implemented the Compliance Features. Please note that for any personal information we receive which is PHI, LatchBio will be a processor for the purposes of processing this personal information.
User Account Information/Personally Identifiable Information
When you register with us through the Site and during your use of the Site, we will ask you for personally-identifiable information, which is information about you that can be used to contact or identify you (“Personal Information”), such as: your name, company or organization name, title, e-mail address, postal address, telephone number.
Cookies and Tracking Pixels
Software and Reference Data
2. How Your Information May be Used
We may use your Personal Information to improve our products and services, to ensure contact information is up to date and accurate, to improve our customer service, to reduce risk and prevent fraud, to provide you with a personalized experience on our Site and to communicate with you regarding new service features and related products and services provided by our partners, events, and other information and notices we believe you may find interesting or useful. We will not sell or provide your information to third parties for their own direct marketing purposes.
We use the automatic usage and other non-Personal Information collected to maintain, secure, and improve our Site, and to understand your interests when visiting our Site. We may generate statistical information regarding our user-base and use it to analyze our Site or business.
3. With Whom May Latchbio Share Your Information?
We may rely on various third-party service providers and contractors to provide services that support the Site and our operations, including, without limitation, maintenance of our databases, distribution of emails and newsletters on our behalf, data analysis, payment processing and other services of an administrative nature. Such third-parties may have access to your Personal Information for the purpose of performing the service for which they have been engaged.
Compliance with Laws and Law Enforcement
LatchBio cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and other user information when we, in our sole discretion, have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may (either intentionally or unintentionally) be causing injury to or interference with our rights or property, users of our Site, or anyone else who could be harmed by such activities. We may also disclose user information when we believe, in our sole discretion, that such disclosure is required by applicable law. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Vendors and Service Providers
We use various third-party various third-party service providers, such as AWS, Google Analytics, and Fullstory that assist us in providing the Platform. We may keep logs of your activity as you use our Services, for example, which pages you visit, when you start a task, or what calls are made to our API. For example, we may use third-party vendors to store and authenticate account credentials, store and analyze system logs, send email communications, and for hosting and storing information collected through our Platform. We may need to share your information with these vendors and service providers to enable them to provide these services to us. These service providers and vendors are required to only use your information to provide their services to us and in a manner consistent with this Policy.
4. Information You Share With Other Users; Forums
Our Site allows you to share the sequence data, reference genomes, and other information you submit to the Site with other users of the Site and third parties who are not users of the Site. LatchBio is not responsible for such other users’ and third parties’ use of your sequence data, reference genomes or other information. You understand and acknowledge that, if you choose to share the sequence data, reference genomes, or other information you submit to the Site with other users of the Site or third parties, such shared information might be copied or redistributed by other users and third parties. Even after you remove information from your account or delete your account, copies of that information may remain viewable elsewhere to the extent it has previously been shared with others.
5. Links and Third Party Applications
On the Site, we may provide links to websites or applications maintained by third parties, which we believe you may find useful. LatchBio is not responsible for the privacy practices of these other websites or applications and we encourage you to review the privacy policies of each of those other websites or applications before using such websites and applications. If you click on these third-party links, these other websites or applications may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. Other websites and applications will have different policies and rules regarding the use or disclosure of the personal information you submit to them. We make no representation with regard to the policies or business practices of any websites or applications to which you connect through a link from this Site, and are not responsible for any material contained on, or any transactions that occur between you and any such website or application.
7. General Data Privacy Regulation (GDPR)
LatchBio is compliant with the GDPR regulations as it becomes effective starting 25 May 2018. In the language of GDPR, LatchBio positions itself as a Data Processor or Subprocessor for our customers, who are either Data Controllers or Data Processors. As such, LatchBio is not liable for the provisions of GDPR that pertain to the Data Controllers. LatchBio’s obligations as a Data Processor include, but are not limited to the following:
- LatchBio shall follow the instructions of the Customer in the management of their data. LatchBio shall not opportunistically use or mine or use personal data that it is entrusted, aside from those mentioned elsewhere in this document or under the written instructions of the Customer.
- LatchBio shall obtain written permission from the Customer before engaging a subprocessor and assume liability for failures of the sub processors to meet the requirements of GDPR.
- Upon request, LatchBio shall delete or return all personal data to the Customer at the end of the service contract.
- LatchBio shall enable and contribute to compliance audits conducted by the Customer’s controller or a competent representative of the controller.
- LatchBio shall take reasonable steps to secure data, such as encryption, stability and uptime, backup and disaster recovery, and regular security testing.
- LatchBio shall notify the Customer without undue delay upon learning of data breaches.
- LatchBio shall make every effort to restrict personal data transfer to a third country only if legal safeguards are obtained.
- LatchBio shall make the Data Protection Officer available address concerns or questions upon request.