Effective Date: March 11, 2022
This Privacy Statement applies to all websites owned and operated by Clockwize, Inc. (“Clockwize”), including clockwize.com and any other websites, pages, features, or content we own or operate, and any related Services. Our Privacy Statement is designed to help you better understand how we collect, use, store, process, and transfer your information when using our Services.
Please carefully review this Privacy Statement and our Terms of Service.
Unless otherwise defined in this Privacy Statement, terms used in this Privacy Statement have the same meanings as terms defined in our Terms of Service.
By using our Services, you acknowledge all of the policies and procedures described in the foregoing documents. If you do not agree with or you are not comfortable with any aspect of this Privacy Statement or our Terms of Service, you should immediately discontinue use of our Services.
- Aggregate Information: information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
- De-identified Information: information that has been stripped of your Registration Information (e.g., your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual, also known as pseudonymized information.
- Individual-level Information: information about a single individual’s epigenetics, genotypes, diseases or other traits/characteristics, but which is not necessarily tied to Registration Information.
- Personal Information: information that can be used to identify you, either alone or in combination with other information. Clockwize collects and stores the following types of Personal Information:
- Registration Information: Information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- Epigenetic Information:information regarding your methylation biomarkers, generated through processing of your blood sample by Clockwize or by its contractors, successors, or assignees; or otherwise processed by and/or contributed to Clockwize.
- Self-Reported Information:information you provide directly to us, either through the Services or through a third party, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Clockwize account.
- Sensitive Information:information about your health, Epigenetic Information, and certain Self-Reported Information, such as racial and ethnic origin, sexual orientation, and political affiliation.
- User Content: Some of our Services allow you to create and post or upload content, such as data, text, software, music, audio, photographs, graphics, video, messages, or other materials that you create or provide to us through either a public or private transmission (“User Content”). For example, User Content includes any discussions, posts, or messages you send on our Blog.
- Blogs and Forums: Our website may offer publicly accessible blogs. You should be aware that any information you provide or post in these areas may be read, collected, and used by others who access them.
- Inferences and Derived Data: information, data, assumptions, or conclusions that are derived directly or indirectly from another source of Personal Information.
- Web-Behavior Information:information on how you use our Services collected through log files, cookies, web beacons, and similar technologies, (e.g., device information (device identifiers), IP address, browser type, domains, page views).
- Social media features and widgets. Our Services may include Social Media Features, such as the Facebook “Like” or “Share” button and widgets (“Features”). These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. They may also allow third party social media services to provide us information about you, including your name, email address, and other contact information. The information we receive is dependent upon your privacy settings with the third party social media service. Features are either hosted by a third party or hosted directly on our site. Your interactions with these Features are governed by the privacy statements of the third-party companies providing them. You should always review and, if necessary, adjust your privacy settings on third party websites and services before linking or connecting them to our website or Service.
- Third party services (e.g., social media).If you use a third party site, such as Facebook or Twitter, in connection with our Services to communicate with another person (e.g., to make or post referrals or to request that we communicate with another person), then in addition to that person’s name and contact information, we may also collect other information (e.g., your profile picture, network, gender, username, user ID, age range, language, country, friends lists or followers) depending on your privacy settings on the third party site. We do not control the third party site’s information practices, so please review the third party’s privacy statement and your settings on the third party’s site carefully.
- Customer service.When you contact Customer Care or correspond with us about our Service, we collect information to: track and respond to your inquiry; investigate any breach of our Terms of Service, Privacy Statement or applicable laws or regulations; and analyze and improve our Services.
- Information related to epigenetic testing services, like Genetic Information. Information regarding your methylation biomarkers, your Epigenetic Information, is generated when we analyze and process your blood sample, or when you otherwise contribute or access your Epigenetic Information through our Services. Epigenetic Information includes the Clockwize results reported to you as part of our Services and may be used for other purposes.
- help us recognize you when you use our Services;
- customize and improve your experience;
- provide security;
- analyze usage of our Services (such as to analyze your interactions with the results, reports, and other features of the Service);
- gather demographic information about our user base;
- offer our Services to you;
- monitor the success of marketing programs; and
- serve targeted advertising on our site and on other sites around the Internet.
If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.
We may receive reports based on the use of these technologies from third party service providers as de-identified, Individual-level Information or as Aggregate Information.
- Google Analytics
Google Analytics is used to perform many of the tasks listed above. We use the User-ID feature of Google Analytics to combine behavioral information across devices and sessions (including authenticated and unauthenticated sessions). We may enable Google Analytics Advertising features. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings.
- Other Types of Information
We continuously work to enhance our Services with new products, applications and features that may result in the collection of new and different types of information. We will update our Privacy Statement and/or obtain your prior consent to new processing, as needed.
- How we use your information
Clockwize will use and share your Personal Information with third parties only in the ways that are described below:
- To Provide you with services and to analyze and improve our own services.
These activities may include, among other things, using your information in a manner consistent with this Privacy Statement to:
- open your account, enable purchases and process payments, communicate with you, and implement your requests (e.g., referrals);
- enable and enhance your use of our website and mobile application(s), including authenticating your visits, providing personalized content and information, and tracking your usage of our Services;
- contact you about your account, and any relevant information about our Services (e.g. policy changes, security updates or issues, etc.);
- enforce our Terms of Service and other agreements;
- monitor, detect, investigate and prevent prohibited or illegal behaviors on our Services, to combat spam and other security risks; and
- perform research & development activities, which may include, for example, conducting data analysis in order to develop new or improve existing products and services, and performing quality control activities.
For individuals located in the European Economic Area (“EEA”), United Kingdom, or Switzerland (collectively the “Designated Countries”): We process your Personal Information in this way to provide our Services to you in accordance with our Terms of Service.
- To process, analyze, and deliver your epigenetic age testing results
As described above, to receive results through the Personal Epigenetic Service, you must create a Clockwize account, register your kit, and submit your blood sample so your biological age can be evaluated or our contracted laboratory. Once your DNA is extracted, we analyze your Epigenetic Information to provide you with our biological age report, depending on the Service purchased. Clockwize continuously works to improve our Services based on our research and product development, and epigenetic associations identified in scientific literature. If you are eligible to receive additional reports or updates in the future, you may be notified of or may directly access these updates.
For individuals located in the Designated Countries: Our legal basis for processing your Sensitive Information for the purposes described above is based on your consent. You may withdraw your consent at any time by deleting your Account via your Clockwize Account Settings, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
- To allow you to share your personal information with others
Clockwize may provide you with the ability to share information, including Personal Information, through the Services. If we do provide such features, please be thoughtful about your sharing choices. Once you have chosen to share any Personal Information, the individuals with whom you share this information, may also use or share your Personal Information, including any Sensitive Information you choose to share.
- To provide customer support
When you contact our customer care, we may use or request Personal Information, including Sensitive Information, as necessary to answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints. In some instances, we may be required to process one customer’s Personal Information to resolve another customer’s dispute or request. For example, if a customer reports behavior that violates our Terms of Service, we will separately process both customers’ Personal Information and respond separately to each individual as appropriate. We will not share your Personal Information with another customer without your consent.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above depends on the nature of the customer support request. Our legal basis can be to satisfy our contractual or legal obligations and/or our legitimate interest to improve our Services.
- To conduct surveys or polls, and obtain testimonials
We value your feedback and may send you surveys, polls, or requests for testimonials to improve and optimize our Services. You are in control of the information you would like to share with us. If you do not wish to receive these requests, you can manage them in your Clockwize Account Settings.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above is based on our legitimate interest. We think it is important to continue improving our Services to ensure your continued enjoyment.
- To provide you with marketing communications
By creating a Clockwize account, you are agreeing that we may send you product and promotional emails or notifications about our Services, and offers on new products, services, promotions or contests. You may also opt-in to receiving similar notifications on the website or mobile application(s). You can unsubscribe from receiving these marketing communications at any time. To unsubscribe, click the email footer “unsubscribe” link or go to the “Preferences’ ‘ section of your Clockwize Account Settings to edit your email notification preferences. To opt-out of receiving website and mobile notifications, you may do so within your browser or device settings. Please note, the opt-out process differs between web browsers and mobile devices. You may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmation, or Service-related emails.
- Third Parties that we share personal information with
While Clockwize directly conducts the majority of data processing activities required to provide our services to you, we engage some third party service providers to assist in supporting our Services, including in the following areas:
- Order fulfillment – Our payment processor processes certain Registration Information, such as your billing address and credit card information, as necessary to enable you to purchase a Clockwize kit from the clockwize.com online store.
- Shipping – Our distribution centers ship your kit(s) to you, and in some cases help return your kit safely to us or to our private laboratory so your sample can be processed.
- Customer Care support.
Our customer care team (“Customer Care”) uses a number of tools to help organize and manage the requests we receive. These tools help to ensure we provide timely, high-quality support.
- Cloud storage, IT, and Security. Our cloud storage providers provide secure storage for information in Clockwize databases, ensure that our infrastructure can support continued use of our Services by Clockwize customers, and protect data in the event of a natural disaster or other disruption to our Service. Our IT and security service providers assist with intrusion detection and prevention measures to stop any potential attacks against our networks. We may have these third-party experts perform regular penetration tests and periodically audit Clockwize security controls.
- Marketing and analytics. When you use our Services, including our website or mobile app(s), our third-party service providers may collect Web-Behavior Information about your visit, such as the links you clicked on, the duration of your visit, and the URLs you visited. This information can help us improve site navigability and assess our Marketing campaigns. NOTE: Our service providers act on Clockwize’s behalf. We implement procedures and maintain contractual terms with each service provider to protect the confidentiality and security of your information. However, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.
- “Targeted advertising” service providers
- Aggregate information
We may share Aggregate Information publicly or with third parties. Aggregate information is information that has been stripped of your name and contact information and combined with information of others so that you cannot reasonably be identified as an individual.
This Information is different from “Individual-level” information and is not Personal Information because it does not identify any particular individual or disclose any particular individual’s data. For example, Aggregate Information may include a statement that “30% of our female users share a particular epigenetic trait,” without providing any data or testing results specific to any individual user.
In contrast, Individual-level Epigenetic Information or Self-Reported Information consists of data about a single individual’s methylation biomarkers, diseases or other traits/characteristics information and could reveal whether a specific user has a particular epigenetic trait, or consist of all of the Epigenetic Information about that user. Clockwize will ask for your consent to share Individual-level Epigenetic Information or Self-Reported Information with any third party, other than our service providers as necessary for us to provide the Services to you.
- As required by law
Under certain circumstances your Personal Information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. For example, we may be required to disclose Personal Information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Clockwize will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that Clockwize may owe pursuant to ethical and other professional rules, laws, and regulations;
(b) enforce the Clockwize Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Clockwize, its employees, its users, its clients, and the public.
NOTE: If you are participating in Clockwize Partnered Research, Clockwize will withhold disclosure of your Personal Information involved in such Research in response to judicial or other government subpoenas, warrants or orders in accordance with any applicable Certificate of Confidentiality that Clockwize has obtained from the National Institutes of Health (NIH).
- Business transactions
In the event that Clockwize goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets your Personal Information will likely be among the assets transferred. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Statement.
- Access to your account
We provide access to your Clockwize data within your Clockwize account. You can access and download data processed by Clockwize’s lab within your Account Settings and within applicable Reports, Tools, and features. If you lose access to your Clockwize account or account email address, please contact Customer Care for assistance. If you lose access to your Clockwize account, in certain circumstances, we may require that you submit additional information sufficient to verify your identity before providing access or otherwise releasing information to you. If you choose not to submit the required documentation, or the information provided is not sufficient for the purposes sought, Clockwize will not be able to sufficiently verify your identity in order to complete your request.
- Sharing outside of the Clockwize Services
You may decide to share your Personal Information with friends and/or family members, doctors or other health care professionals, and/or other individuals outside of our Services, including through third party services such as social networks and third-party apps that connect to our website and mobile apps through our application programming interface (“API”). These third parties may use your Personal Information differently than we do under this Privacy Statement. Please make such choices carefully and review the privacy statements of all other third parties involved in the transaction. Clockwize does not endorse or sponsor any API applications, and does not affirm the accuracy or validity of any interpretations made by third party API applications.
In general, it can be difficult to contain or retrieve Personal Information once it has been shared or disclosed. Clockwize will have no responsibility or liability for any consequences that may result because you have released or shared Personal Information with others. Likewise, if you are reading this because you have access to the Personal Information of a Clockwize customer through a multi-profile account, we urge you to recognize your responsibility to protect the privacy of each person within that account. Users with multi-profile accounts (i.e., where multiple family members register their kits to one account) should use caution in setting profile-level privacy settings.
- Account deletion
If you no longer wish to participate in our Services, or no longer wish to have your Personal Information be processed, you may submit a request to delete your Clockwize account and Personal Information. Once you submit your request, we will send an email to the email address linked to your Clockwize account detailing our account deletion policy and requesting that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request.
Once you confirm your request, this process may not be able to be cancelled, undone, withdrawn, or reversed. When your account is deleted, all associated Personal Information is deleted and any stored samples are discarded, subject to certain limitations, including that the Clockwize contracted laboratory may retain your Epigenetic Information, date of birth, and sex as required for compliance with applicable legal obligations, including the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA). Clockwize will also retain limited information related to your account and data deletion request, including but not limited to, your email address, account deletion request identifier, communications related to inquiries or complaints and legal agreements for a limited period of time as required by law, contractual obligations, and/or as necessary for the establishment, exercise or defense of legal claims and for audit and compliance purposes.
- Security Measures
Clockwize takes seriously the trust you place in us. Clockwize implements physical, technical, and administrative measures to prevent unauthorized access to or disclosure of your information, to maintain data accuracy, to ensure the appropriate use of information, and otherwise safeguard your Personal Information.
Our team regularly reviews and improves our security practices to help ensure the integrity of our systems and your information.
- Your Responsibility
Please recognize that protecting your Personal Information is also your responsibility. We ask you to be responsible for safeguarding your password, and other authentication information you use to access our Services. You should not disclose your authentication information to any third party and should immediately notify Clockwize of any unauthorized use of your password. Clockwize cannot secure Personal Information that you release on your own or that you request us to release.
Your information collected through the Service may be stored and processed in the United States or any other country in which Clockwize or its subsidiaries, affiliates or service providers maintain facilities and, therefore, your information may be subject to the laws of those other jurisdictions which may be different from the laws of your country of residence.
- Children’s privacy
Clockwize is committed to protecting the privacy of children as well as adults. Neither Clockwize nor any of its Services are designed for, intended to attract, or directed toward children under the age of 18.
A parent or guardian, however, may collect a blood sample from, create an account for, and provide information related to their child who is under the age of 18. The parent or guardian assumes full responsibility for ensuring that the information that they provide to Clockwize about their child is kept secure and that the information submitted is accurate.
- Linked websites
Clockwize provides links to third party websites operated by organizations not affiliated with Clockwize. Clockwize does not disclose your information to organizations operating such linked third-party websites.
Clockwize does not review or endorse and is not responsible for the privacy practices of these organizations. We encourage you to read the privacy statements of each and every website that you visit. This Privacy Statement applies solely to information collected by Clockwize and our service providers on our behalf.
- Direct Marketing
We will obtain your consent where required to send you marketing communications using electronic means. You may withdraw your consent at any time within your Clockwize Account Settings. We will only contact you by electronic means (email, push notification, SMS, etc.) with information about our Services that are similar to those which were the subject of a previous sale or negotiation of a sale to you.
We will only share your Personal Information with third parties for marketing purposes with your explicit consent. If you do not want us to use your Personal Information in this way, please review and update your Clockwize Account Settings as necessary. You may raise such objection with regard to initial or further processing for purposes of direct marketing at any time and free of charge. The withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
Other marketing activities will happen based on the legitimate interests of Clockwize. E.g., where we tailor marketing communications or send targeted marketing messages via post, phone or social media and other third-party platforms; and in providing existing customers with information (via email or other channels) about similar products and services.
- Privacy Rights
You can exercise your privacy rights by following the instructions below or contacting us at email@example.com. We will handle your request under applicable law. When you make a request, we may verify your identity to protect your privacy and security.
- Right to withdraw consent. To the extent Clockwize requests and you provide your consent to the processing of your Personal Information, you can withdraw your consent at any time. Your withdrawal will not affect the lawfulness of our processing based on consent before your withdrawal.
- Right of access to and rectification of your Personal Information. Our site allows you to access and rectify certain Registration Information within your Clockwize Account Settings, and your Self-Reported Information by going to the surveys page, and other information as required by applicable law.
- Right to erasure (or, “Right to be Forgotten”). As explained under Section 5.d. (Account Deletion), we allow you to delete your account at any time. You can request erasure of Personal Information that: (a) is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) was collected in relation to processing to which you previously consented, but later withdrew such consent; or (c) was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing. If we have made your Personal Information public and we are required to erase such Personal Information, we will take reasonable steps, including technical measures, to inform controllers that are processing any links to or copies or replications of your Personal Information of your erasure request. Our assistance with your request for erasure is subject to limitations by relevant data protection laws, available technology and the cost of implementation.
- Right to data portability. If we process your Personal Information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request your Personal Information in a structured, commonly used and machine-readable format. You may also request the transfer of your Personal Information directly to another controller, where technically feasible, unless choosing to exercise this right adversely affects the rights and freedoms of others. A “controller” is a natural or legal person, public authority, agency or other body which alone or jointly with others, determines the purposes and means of the processing of your Personal Information.
- Right to restriction of our processing. You can restrict our processing of your Personal Information where one of the following applies: (a) you dispute the accuracy of Personal Information processed by Clockwize (for a period enabling us to verify its accuracy); (b) the processing is unlawful and you oppose the erasure of the Personal Information and request the restriction of its use instead; (c) Clockwize no longer needs the Personal Information for the purposes of the processing, but it is required by you for the establishment, exercise or defense of legal claims; and (d) you have objected to certain processing relying on legitimate interest, pending the verification whether Clockwize’s legitimate grounds override your rights. Restricted Personal Information shall only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will notify you if the restriction is lifted.
- Notification of erasure, rectification and restriction. We will provide notice to each recipient that we disclosed your Personal Information to regarding any rectification or erasure of Personal Information or restriction of processing, unless you initiated the disclosure or providing notice proves impossible or involves disproportionate effort. Upon your request, we will share the list of recipients with you.
- Right to object to processing. Where the processing of your Personal Information is based on consent, contract, or legitimate interests, you may restrict or object, at any time, to the processing of your Personal Information as permitted by applicable law. We may continue to process your Personal Information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
- Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects on you, except as allowed under applicable data protection laws.
- Retention of your Personal Information. Unless you delete your account or delete certain Personal Information (i.e., User Content, etc.), we will store your Personal Information as long as your account is open. If you delete your account, we will take the steps described under “Your Choices – Account Deletion” and delete all your Personal Information, unless a longer retention period is required or permitted by law.
- California Residents. California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
The rights described above may be limited by local laws. Further, your right of access and deletion is not absolute and may not be available if fulfillment of such right would, among other things:
- cause interference with execution and enforcement of the law and legal private rights (such as in the case of the investigation or detection of legal claims or the right to a fair trial);
- breach or prejudice the rights of confidentiality and security of others;
- prejudice security or grievance investigations, corporate re-organizations, future and ongoing negotiations with third parties, the compliance with regulatory requirements relating to economic and financial management; or
- otherwise violate the interests of others or where the burden or cost of providing access would be disproportionate.