1. Personal Data We Collect
When we use the term “Personal Data” we mean information that relates to a specific person, or that can be used to identify a specific person, such as a name or email address. In this Privacy Notice, we do not include Protected Health Information in the definition of Personal Data because, as discussed in Section 2 (Protected Health Information), Protected Health Information has different treatment under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”) and other applicable laws. “Protected Health Information” or “PHI” is individually identifiable health information that is protected by HIPAA.
We collect and use Personal Data through your use of the Services in the following ways:
1.a User Account Information/Personally Identifiable Information
- When you register with us through the Services and during your use of the Services, we will ask you for Personal Data such as: your name, company or organization name, title, e-mail address, postal address, telephone number.
1.b Information You Provide
- When you interact with the Services, you may supply certain Personal Data, such as when you submit a request or post on the Community Forum. The information will vary depending on your interactions, but may include your name and email address and other information you include in the body of your request, post, comment, or other interaction.
1.c. Automatic Data Collection: Cookies and Similar Technologies
- When you use the Services, we automatically collect usage data such as the IP address of the device or internet service you use to connect to the Internet, browser type and version, operating system and platform, and referring URLs, which may, in some instances, constitute Personal Data (“Usage Data”).
- Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. We do not currently use technology that recognizes “do not track” signals from your Web browser.
2. Protected Health Information
- With respect to Terra, Broad is not a Covered Entity as that term is defined under HIPAA. You may not use Terra to connect content that includes PHI. You will anonymize or pseudonymize data prior to connecting it to Terra.
3. How Your Personal Data May be Used
We use Personal Data as described below:
- We may use your Personal Data to provide and improve Terra and our other 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 Services and to communicate with you regarding new service features and related products and services provided by our Collaborators or other 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 other than the Collaborators for their own direct marketing purposes.
- We use Usage Data collected to provide, maintain, secure, and improve our Services, and to understand your interests when visiting our Services. We may generate statistical information regarding our user-base and use it to analyze our Services or business.
4. With Whom May Broad Share Your Personal Data?
We share Personal Data with the following categories of recipients:
- We may rely on various third-party service providers and contractors to provide services that support the Services 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 Data for the purpose of performing the service for which they have been engaged.
Compliance with Laws and Law Enforcement
- Broad cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Data 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 Services, 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 Data 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 Google Cloud and MixPanel, that assist us in providing Terra. 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.
- If any of the Collaborators sell all or part of their business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, the Collaborator may transfer your Personal Data to a third party as part of that transaction.
5. Information You Share With Other Users; Forums
- Our Services allow you to share the sequence data, reference genomes, and other information you submit to the Services with other users of the Services and third parties who are not users of the Services. Broad 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 Services with other users of the Services 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.
6. Links and Third Party Applications; Other Privacy Terms and Conditions
- On the Services, we may provide links to websites or applications maintained by third parties, which we believe you may find useful. Broad 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 Data from you. Other websites and applications will have different policies and rules regarding the use or disclosure of the Personal Data 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 the Services, and are not responsible for any material contained on, or any transactions that occur between you and any such website or application.
- As a processor, Broad stores the genomic sequence data (DNA, RNA, etc), derived from humans or other organisms, that you submit to the Services 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.
7. Children’s Privacy
- We are committed to protecting privacy of young people using our Services. We do not knowingly collect Personal Data on the Services from children under age 13. We believe children should get their parents’ or guardians’ consent before giving out any Personal Data. If you become aware that we have collected Personal Data from a child without parental consent, please notify us promptly. If we become aware that a child under age 13 has provided us with Personal Data without parental consent, we will take steps to remove it.
8. Data Processed in the United States
9. Notice to Individuals Located in the European Economic Area, United Kingdom, or Switzerland
- Our processing of Personal Data about individuals located in the European Economic Area, United Kingdom, and Switzerland may be within the scope of the European Union’s General Data Protection Regulation (EU Regulation 2016/679) (“EU GDPR”), its incorporation into the laws of England and Wales, Scotland, and Northern Ireland by virtue of the UK European Union (Withdrawal) Act 2018 and/or the Swiss Federal Act on Data Protection, as applicable (together, the “GDPR”). This portion of our Privacy Notice (the “GDPR Privacy Notice”) applies only to our processing of Personal Data that is within the scope of the GDPR and where we are a controller of your data, i.e., where the purpose and means of processing your data is determined by us (“GDPR Processing Activities”).
- We rely on separate and overlapping bases to process your Personal Data lawfully when acting as a controller. We will use the Personal Data provided through or collected on the Services only for the purposes described in this Privacy Notice. Our legal bases for processing your Personal Data include providing you with the information or services that you have requested, protecting your vital interests, furthering our legitimate interests, and your consent, if applicable.
- Legitimate interests that we rely on in processing your Personal Data include (i) improving and customizing the Services for you, (ii) understanding how the Services are being used, (iii) exploring ways to develop and grow our Services, (iv) ensuring the safety and security of the Services, and (v) enhancing protection against fraud, spam, harassment, intellectual property infringement, crime and security risks. Without the ability to collect and process your Personal Data, we would not be able to achieve those interests. We may also use your Personal Data for purposes, including scientific research, that are compatible with the purposes for which such data were initially collected.
- If our processing is based solely on consent, you have the right to withdraw your consent. You may withdraw your consent by contacting us as set forth in the “Contact Us” section below. Please note that, in certain cases, we may continue to process your Personal Data after you have withdrawn consent, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure, or if deleting the information would undermine the integrity of a research study in which you are enrolled.
- As described in Section 8, Broad is located in the United States. When you enter your Personal Data through one of the Services, the data is being transferred to, stored, and processed in the United States, and could be transferred to, stored and processed in another country outside of the EEA, UK or Switzerland. Please be aware that the United States, and possibly other countries to which your Personal Data may be transferred, have not been determined by the appropriate government authorities to provide adequate safeguards for the protection of Personal Data. However, Broad will take steps to maintain the privacy of your Personal Data as described in this Privacy Notice. If Broad transfers your Personal Data outside the EEA, UK, or Switzerland, we will do so in reliance on mechanisms recognized under the GDPR. This includes (i) transferring your Personal Data to countries that the appropriate government authority has determined to provide adequate data protection, (ii) obtaining your consent to transfer your Personal Data after first informing you about the possible risks of such a transfer, (iii) transferring your information where the transfer is necessary to the performance of a contract between you and Broad or if the transfer is necessary to the performance of a contract and the contract was entered into in your interest, (iv) transferring your information if necessary to establish, exercise or defend legal claims, (v) transferring your Personal Data outside the EEA, UK, or Switzerland to protect your vital interests; or (vi) transferring your Personal Data pursuant to Standard Contractual Clauses. You may request a copy of the Standard Contractual Clauses relevant to any such transfer of your Personal Data by contacting us as set forth in the “Contact Us” section below.
- We will retain your Personal Data for as long as is necessary for the purposes set out in this Privacy Notice (for example, if you have an account, for as long as your account is active), subject to your right, under certain circumstances, to have certain of your Personal Data erased, as discussed in the next paragraph, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.
- If your Personal Data is processed for GDPR Processing Activities, you have the right to (1) obtain a copy of the Personal Data Broad holds about you in an easily accessible format and receive any details required to be provided to you under applicable law, (2) correct or update your Personal Data, if inaccurate, (3) limit collection and use of your Personal Data under certain circumstances (for example, if you think it is inaccurate), (4) request deletion of your Personal Data, subject to Broad’s need to keep such data to comply with legal requirements, to preserve the integrity of a research study, or to allow itself to defend itself from legal claims, among other bases for denying a request to delete, and (5) file a complaint with a data protection authority. If you have questions about the processing of your Personal Data or rights associated with your Personal Data, see the section “Contact Us” below.
9. Privacy Notice Changes
This Privacy Notice may be updated periodically. We will notify you of any material changes to this Privacy Notice by posting the revised policy on the Services. You are advised to periodically review this page to ensure continuing familiarity with the most current version of our Privacy Notice. Any changes to our Privacy Notice will become effective upon our posting of the revised Privacy Notice on the Services. Use of the Services following such changes constitutes your acceptance of the revised Privacy Notice then in effect. You will be able to determine when this Privacy Notice was last revised by checking the “Last Updated” information that appears at the top of this page.
10. Contact Us
If you have any questions about our privacy practices, you may contact us using the following email address: firstname.lastname@example.org.
You may contact our Data Protection Officer at: email@example.com.
You may contact our EU/UK Representative at: firstname.lastname@example.org.