Table of Contents
What is personal information?
How do we collect personal information from you?
What personal information do we collect from you and how do we use it?
Cookies and other technologies
With whom do we share your personal information?
Legal bases for processing and sharing your personal information
Cross-border transfer
How do we store and protect your personal information?
How long do we retain your personal information?
What are your privacy rights?
Children’s privacy
Links to other websites and services
How to exercise your privacy rights
Contact us
Changes to the Privacy Policy

What is personal information?
When we use the term “personal information” in this Privacy Policy, we mean any data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person or household or any other data or information that constitutes “personal data”, “personal information,” or “personally identifiable information” as those terms are defined under applicable privacy laws.

How do we collect personal information from you?
We collect information in three ways: (1) we collect the information you and others provide to us, (2) we automatically collect certain information through the Services and (3) we collect information from third parties. Each of these collection practices is described further below.

What personal information do we collect from you and how do we use it?

We collect the information you provide to us. When using our Services, you may choose to provide us with certain information in order to:

• Create an Account: When you sign up to create an account, we request that you provide an email address and create a password.
• Access and Use Licensed Services: In order to access certain licensed Services, you may be asked to provide us with: your name, mailing address, email address, telephone number, and payment information (such as your account or credit card number). As part of our Services, you may also create, post, upload or share content by providing us with access to your photos, media and files, and your device’s camera and microphone.
• Learn about Careers: When applying for a job through our Sites, you may be asked to share additional employment related information. We collect this information through a third-party service provider (Paylocity) who administers this site for us.
• Contact Us: If you contact us through the “Contact Us” form provided, you will be asked to provide certain information to help us assist you with your stated inquiry. In order to communicate with you concerning this request, we also ask that you provide us with basic contact information.

We use your personal information to send you our newsletter, online surveys, information about VisualDx and its products and services, and promotional material from some of our partners. We may also use your personal information to deliver information to you that, in some cases, is targeted to your interests, such as new products, services, and promotions. We may also ask you to voluntarily provide us with additional information regarding your personal or business interests, experience, or requests which we may use to customize our services for you. VisualDx may also use your personal information to contact you (via email, mail, telephone, or otherwise) when necessary or to advise you about VisualDx, our partners, events, your VisualDx account, new product and service offerings, and communications relevant to your use of the Services. If you communicate with us by telephone, fax, mail, email, or otherwise communicate with us in any manner for any reason, or otherwise submit or post information or messages on the Sites, or purchase, license, or use products or services offered by us, any personal information provided in such communications or related to such licenses, purchases, or use may be collected by us and you expressly consent to the use of your personal information in accordance with the terms of this Privacy Policy.

We automatically collect certain information. When visiting our Site or using our App, we automatically collect information about your computer hardware and software. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the Services, to maintain quality, and to provide general statistics regarding use of Services.

Cookies and other technologies

We use cookies to allow us to personalize your visits, keep track of your preferences and learn about the way in which you use our Services. A cookie is a small file that is placed on your computer when you visit our Site or use our App and allows us to recognize you as a user. We employ both “Essential” and “Non-essential” cookies. Essential cookies are necessary to the effective operation of our Services and make the interaction between you and the Services faster and easier. Non-essential cookies are not required for our Services to function but are used for other purposes, such as analytics or advertising.

We also use web beacons, which allow us to count users who have used our Services and to recognize users by accessing our cookies. In addition, a web beacon can be used in HTML-formatted email to determine responses to our communications and measure their effectiveness.

We participate in behavioral-based advertising. This means that, if you permit targeting cookies in the cookie management tool, a third-party will place a cookie on your browser, or use a web beacon, to collect information about your use of our Services so that they can provide advertising about products and services tailored to your interests. That advertising may appear on our Site or on other websites you visit.

We may also use services hosted by third parties, such as Google Analytics, a web analytics service provided by Google, Inc., to assist in providing our Services. Google Analytics uses cookies and other tracking technologies to help us analyze how users use the Services. The information generated by the cookie or other tracking technology about your use of the Services (including your IP address) will be transmitted to, and stored by, Google on their servers. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on activity for us and providing other services relating to Services activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using the Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above. To opt out of tracking by Google Analytics, click here.

Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our Site does not use or respond to “Do Not Track” signals in your web browser. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.

We also collect information from third parties.

We may also collect information about you from external third-party sources, such as marketing or advertising companies, service providers, and social media platforms or other publicly available sources. When we receive de-identified personal information from third parties, we will not re-identify such data and, if such de-identified data is shared with a third party as described below, we will take steps to ensure that no re-identification occurs.

When an individual interacts with our Site through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Google, Facebook, X, or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network, and may include your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the Site, as well as to communicate directly with you, such as to send you email messages about Services that may be of interest to you.

With whom do we share your information?

We may share information collected about you in the following ways:

(1) With service providers. We work with certain third parties who provide services to us, such as managing visitor/customer information, managing our marketing and promotions activities, managing certain information technology systems, and conducting other activities of the kind described elsewhere in this Privacy Policy on our behalf. In such cases, we may disclose your personal information to such service providers, who act as processors of your data on our behalf. We do not authorize any of these service providers to make any use of your information other than for our benefit.

(2) With analytics service providers and advertisers. We permit third parties to use cookies, web beacons, and similar tracking technologies on our Services. Such parties may collect information about how you use our Services over time and across different services. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. Information collected in this fashion may be used for targeted marketing purposes – namely, to deliver advertisements targeted to your interests and preferences. To learn about your choices regarding this sharing of your information please see “How to exercise your privacy rights” section below.

(3) With third parties for legal reasons. We would share information about you if we reasonably believe that disclosing the information is needed to: (i) comply with any valid legal process, governmental request, or applicable law, rule, or regulation; (ii) investigate, remedy, or enforce potential violations of our Terms of Use, the End User License Agreement (EULA) or Privacy Policy; (iii) protect the rights, property, and safety of us, our users, or others; or (iv) detect and resolve any fraud or security concerns.

(4) With third parties as part of an acquisition or liquidation. If we are involved in a merger, asset sale, financing, corporate divestiture, reorganization, or acquisition of all or some portion of our business to another company, or if we undergo liquidation or bankruptcy proceedings, we may share your information with that company before and/or after the transaction closes or the proceedings are completed.

(5) Aggregated or de-identified information with third parties. We also share with third parties, such as advertisers, aggregated or de-identified information and we may permit our third-party providers to further use, sell, license, distribute, or disclose de-identified data. Aggregated or de-identified information does not identify you and, as such, is not considered personal information.

Legal bases for processing and sharing your personal information

We process your personal information and share it with third parties for the purposes described in this Policy, based on the following legal grounds:

(1) With your consent. We ask for your consent to process or share your information for specific purposes and you have the right to withdraw your consent at any time. For example, we ask for your consent to provide you with certain promotional information.

(2) For our legitimate interests. We process and share your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. For example, we process and share your information in order to help us:

• maintain and improve our Site and Services
• perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of the Site and Services;
• improve the content and features of the Site and Services or develop new content and features;
• promote the Site and Services;
• communicate with you and provide you offers concerning the Site and Services;
• detect, prevent, or otherwise address fraud, abuse, security, or technical issues with the Site or Services;
• protect against harm to our, our customers’ or the public’s, rights, property, or safety as required or permitted by law; and
• enforce legal claims, including investigation of potential violations of applicable Terms of Use and/or EULAs for the Services.

(3) To fulfill our contractual obligations. We process and share your information where necessary to provide a Service you have requested. For example, we process your payment information when you license our Services.

(4) To comply with legal obligations. We process and share your information when we have a legal obligation to do so. For example, if we are legally required to respond to an enforceable subpoena or governmental request.

Cross-border transfer

We transfer, process, and store information about you on servers located in the United States. Therefore, if you are located outside of the United States, your information will be transferred to, stored, or processed in the United States, whose data protection, privacy, and other laws may not provide the same level of protection as those in your country of residence. For example, government entities in the United States and other countries may have certain rights to access your personal information. If we transfer your information outside of your country of residence in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Policy. By using our Services, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and to those third parties with whom we share it as described in this Privacy Policy.

How do we store and protect your personal information?

We employ reasonable and current technical and organizational security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of personal information. Your personal information is stored on secure servers that are kept in a physically secure environment. In addition, we will provide you with the capability to transmit your personal information online via secured and encrypted channels if you use a similarly equipped web browser. Furthermore, access to your personal information in our offices is restricted. Only employees or third parties who have a need to know your personal information in connection with providing you with the products and services purchased, licensed, or used by you from us are granted access to your personal information, provided that such employees or third parties have agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such personal information. Your Services account is password protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. Remember to sign out of your account and to close your browser window when you have finished your session. This is to help ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it. Despite our commitment to protecting the privacy of your personal information, no data transmission over the Internet, wireless network, or otherwise can be guaranteed to be perfectly secure. As a result, we cannot guaranty the security of any personal information you transmit to us and you do so at your own risk.

How long do we retain your personal information?

We will usually store the personal information we collect about you for no longer than necessary to fulfill the purposes for which it was collected, and in accordance with our legitimate business interests and applicable law. However, if necessary, we may retain personal information for longer periods of time, until set retention periods and deadlines expire. For instance, where we are required to do so in accordance with legal, tax and accounting requirements set by law, regulation or government authority.

To determine the appropriate duration of the retention of personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting and other applicable obligations.

Once retention of the personal information is no longer necessary for the purposes outlined above, we will either delete or deidentify the personal information or, if this is not possible (for example, because personal information has been stored in backup archives), then we will securely store the personal information and isolate it from further processing until deletion or deidentification is possible.

What are your privacy rights?

In accordance with applicable privacy law, and depending upon the jurisdiction in which you reside, you may have some or all of the following rights in respect of your personal information:

Right of access. You may have the right to obtain: (i) confirmation of whether, and where, we are processing your personal information; (ii) information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods; (iii) information about the categories of recipients with whom we may share your personal information; and (iv) a copy of the personal information we hold about you.

Right of portability. You may have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal information to another person.

Right to rectification or correction. You may have the right to obtain rectification or correction of any inaccurate or incomplete personal information we hold about you.

Right to deletion or erasure. You may have the right, in some circumstances, to require us to delete or erase your personal information.

Right to restriction. You may have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.

Right to opt-out. You may have the right to opt-out of certain processing activities. For example, you may have the right to opt-out of the use of your personal information for targeted advertising purposes, or to “sell” or “share” your personal information with third parties in certain contexts.

Right to control over automated decision-making or profiling. You may have the right to direct us not to use automated decision-making or profiling for certain purposes.

Right to withdraw consent. If you have provided consent for the processing of your personal information, you may have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal.

Right to appeal. In the event that we decline to take action on a request exercising one of your rights set forth above, you may have the right to appeal our decision.

You may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. To exercise any applicable rights, please refer to the “How to exercise your privacy rights” section below.

Children’s Privacy

We do not knowingly collect any information from children under 18 years of age, as the Services are not directed to persons under such age. If a parent or guardian becomes aware that his or her child under 18 years of age has provided us with personal information, he or she should contact us electronically using the Contact Us tab on our Sites. If we become aware that a child under 18 years of age has provided us with personal information, we will delete or dispose of such personal information in a manner that employs reasonable and current technical and organizational security methods to prevent any unauthorized access to such personal information.

Links to other websites and services

Our Services may include links to third-party websites, such as to our third-party payment processing partner. Except where we post, link to or expressly adopt or refer to this Privacy Policy, this Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites, online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

How to exercise your privacy rights

To exercise any privacy rights you may have, please submit a request as set forth in the “Contact Us” section below. Before processing your request, we may need to verify your identity and confirm you are entitled to the applicable privacy rights. In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request. We will respond to your request as required under applicable privacy laws, generally within a month or 45 days, unless we require more time, in which case we will provide you notice.

In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf.

Contact us

If you wish to exercise any of your privacy rights or have any questions about this Notice, please contact us electronically using the Contact Us page at www.visualdx.com or at privacy@visualdx.com.

Changes to the Privacy Policy

We reserve the right, at any time and without notice, to change, modify, add to, or delete portions of this Privacy Policy, simply by posting such change to this Privacy Policy on the Sites or Services. Any such change will be effective immediately upon posting. It is your responsibility to regularly check the Services to determine if there have been changes to this Privacy Policy and to review such changes. If we make any changes to this Privacy Policy, we will indicate at the top of this Privacy Policy the date this Privacy Policy was last revised. Your continued use of the Services constitutes your acceptance of the new Privacy Policy. If you do not agree to and accept, without limitation or qualification, all of the terms and conditions of this Privacy Policy or any future Privacy Policy without modification, do not use or access (or continue to use or access) the Services.

Website Terms of Use; VisualDx EULA; Other Agreements. Please also make sure to read the Website Terms of Use for each of the Sites you visit (including, without limitation, the ones found at www.visualdx.com, www.askaysa.com, and www.skinsight.com) (collectively, the “Website Terms of Use”), the End User License Agreements provided by VisualDx that govern your purchase, license, and/or use of the Software (collectively, the “VisualDx EULAs”), and any other agreements or terms and conditions provided by VisualDx to govern your purchase, license, and/or use of any other products or services offered by VisualDx (the “Other Agreements”). This Privacy Policy is subject to all of the terms and conditions set forth in the Website Terms of Use, VisualDx EULAs, and Other Agreements applicable to you, and does not replace or limit them in anyway. In the event of any conflict between this Privacy Policy and the Website Terms of Use, VisualDx EULAs, or Other Agreements applicable to you, the Website Terms of Use, VisualDx EULAs, or Other Agreements applicable to you will control.