Last updated 21 October 2020
- Personal Data
- (a) from that data; or
- (b) from that data and other information to which Lucence has or is likely to have access to, including data in Lucence’s records as may be updated from time to time.
- 1.2 Types of Personal Data that may be provided to or collected by Lucence include but are not limited to:
- (a) name;
- (b) nationality;
- (c) date of birth;
- (d) gender;
- (e) NRIC, passport or other personal identification number;
- (f) telephone number;
- (g) fax number;
- (h) mailing address;
- (i) e-mail address;
- (j) your medical history, patient history, allergy information;
- (k) test results of genetic analyses; and
- (l) any other information relating to you or other individuals that you have provided to Lucence.
- Collection of Personal Data
- 2.1 Lucence may collect your Personal Data in the following ways:
- (a) when you submit any form relating to Lucence’s Services, including but not limited to order forms and customer inquiry forms;
- (b) when you use or purchase Lucence’s Services;
- (c) when you interact with Lucence’s officers, employees, representatives and agents via telephone calls, letters, fax, face-to-face meetings, events, workshops, seminars, social media platforms and e-mails;
- (d) when you request for Lucence to contact you or include you in its e-mail mailing lists or other mailing list in connection with updates to Lucence’s Services;
- (e) when you respond to Lucence’s marketing promotions or initiatives or when you are contacted by and respond to Lucence’s officers, employees, representatives and agents;
- (f) when you enter into any agreement or provide other documentation or information in relation to your interactions with Lucence;
- (g) via Lucence’s website, which does not automatically collect your Personal Data unless you provide such information to Lucence;
- (h) when you respond to Lucence’s request for additional information to supplement your Personal Data;
- (i) when Lucence requests for your information and receive your Personal Data in connection with your relationship with Lucence, for example, from your business partners, public agencies and relevant authorities;
- (j) when your images are captured by Lucence on its CCTV cameras installed on its premises or photographs or videos taken by Lucence when you attend its events, workshops or seminars; and/or
- (k) when you submit or disclose your Personal Data to Lucence for any other reasons.
- 2.2 If you provide Lucence with any Personal Data relating to a third party, you represent to Lucence that you have obtained the consent of that third party to provide Lucence with its Personal Data.
- 2.3 You shall make reasonable efforts to ensure that all Personal Data provided to Lucence is complete, accurate, true and correct. Further, you shall give Lucence notice in writing as soon as reasonably practicable should your Personal Data be updated or changed after such disclosure, in accordance with Clause 7 below. Failure to do so may result in Lucence’s inability to provide to you with any Services as requested.
- Purposes for the Collection, Retention, Process, Use, Disclosure and Transfer of Personal Data
- 3.1 Lucence collects, retains, processes, uses, discloses and transfers your Personal Data for and in connection with the following purposes:
- (a) verifying your identity;
- (b) conduct of any examinations or tests and related activities by Lucence upon your request;
- (c) providing any of Lucence’s Services to you;
- (d) providing marketing materials and relevant information to you, including but not limited to information and any updates on Lucence’s Services, newsletters, healthcare-related information and any upcoming events, workshops and seminars organised by Lucence;
- (e) requesting feedback or participation in surveys, as well as conducting market research and/or analysis for statistical, profiling or other purposes in connection with Lucence’s business and/or to review, develop and improve Lucence’s product and service offerings;
- (f) providing customer service and support (including but not limited to customer relationship management, providing follow-up calls and providing you with administrative support);
- (g) responding to, processing and handling your queries, feedback, complaints and requests;
- (h) if you use Lucence’s current or future websites, mobile applications or online registration and payment systems, displaying your Personal Data on such websites, mobile applications or online registration and payment systems to facilitate the provision of Lucence’s Services to you;
- (i) administering and processing your requests, including creating and maintaining profiles of Lucence’s customers in Lucence’s system database for administrative purposes;
- (j) liaising with doctors, clinics, hospitals and/or medical institutions in relation to your service requests;
- (k) managing and planning the administrative and business operations of Lucence and complying with its internal policies and procedures;
- (l) monitoring or recording telephone calls and customer interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
- (m) in connection with any claims, actions or proceedings (including but not limited to obtaining legal advice and facilitating dispute resolution), and/or protecting and enforcing Lucence’s contractual and legal rights and obligations;
- (n) complying with any applicable laws, regulations, rules, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on Lucence (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);
- (o) administering debt recovery and debt management;
- (p) taking or filming photographs and videos for corporate publicity or marketing purposes, and featuring your photographs and/or testimonials in our articles and publicity materials;
- (q) organising roadshows, seminars, campaigns and promotional events; and/or
- (r) purposes which are reasonably related to the aforesaid.
- 3.2 If you have provided Lucence with your telephone number, fax number, mailing address and/or e-mail address and indicated that you consent to receiving information from Lucence via telephone calls, SMS messages, data messages, fax, post or e-mails, Lucence may contact you from time to time using the foregoing methods for the purposes listed in this Clause 3.
- 3.3 In relation to the provision of Lucence’s Services to you or in your interactions with Lucence, Lucence may have notified you of other purposes for which it collects, retains, processes, uses, discloses or transfers your Personal Data, in addition to those listed in Clause 3.1 above. Lucence may collect, retain, process, use, disclose or transfer your Personal Data for such additional purposes, unless Lucence has specifically notified you otherwise.
- Disclosures of Personal Data
- 4.1 Lucence may disclose or transfer your Personal Data to the following entities or parties for the purposes listed above in Clause 3 where necessary:
- (a) amongst Lucence’s affiliates;
- (b) doctors, clinics, hospitals and/or medical institutions;
- (c) Lucence’s professional advisers such as consultants, auditors and lawyers;
- (d) companies providing insurance services to Lucence;
- (e) agents, contractors, sub-contractors or third party service providers who provide operational and logistics services to Lucence, such as courier services, telecommunications, information technology, payment, printing, billing, debt recovery, processing, technical services, transportation, training, market research, call centre, security or other services;
- (f) vendors or third party service providers and Lucence’s marketing and business partners in connection with its marketing events, promotions, products and services;
- (g) external banks, credit card companies, other financial institutions and their respective service providers;
- (h) relevant government ministries, regulatory bodies, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or directives imposed by any governmental authority; and/or
- (i) any other party to whom you authorise Lucence to disclose your Personal Data to.
- 4.2 Uses and Disclosures of De-Identified Data
- “De-identified data” is data Lucence has stripped of your personally-identifiable information, such as your name, address, or date of birth. Lucence may use de-identified data obtained from Lucence’s Services for various purposes, including for example:
- (a) For quality control & validation:
- In accordance with regulatory requirements, Lucence may de-identify, store and use patients’ samples and information for internal quality control, validation, and research and development. This is important for Lucence to maintain high-quality genetic testing and to develop new genetic tests.
- In accordance with regulatory requirements, Lucence may also share de-identified patients’ samples and information with other laboratories for quality assurance and validation purposes. Such sharing is essential to having high-quality genetic testing within the community of testing laboratories.
- (b) For research purposes:
- Lucence may use or disclose de-identified patient data for general research purposes. This may include research collaborations with third parties, such as universities, hospitals or other laboratories, in which Lucence utilizes de-identified clinical cases, at the individual level or in the aggregate, in accordance with our study protocols, and Lucence may present or publish such information. This may also include commercial collaborations with private companies for purposes such as to determine the prevalence of particular disorders or variants among the patients Lucence has tested, or to determine whether any of the patients Lucence has tested might be suitable for potential recruitment for research, clinical trials, or clinical care; however, Lucence will not directly contact these patients about these opportunities without their prior written consent.
- Lucence may disclose de-identified data to registrants of the website and to third parties as permitted by law.
- (b) For research purposes:
- To the extent Lucence has relied on your consent to process such de-identified data in relation to the above, you may withdraw your consent to participate at any time by contacting us at [email protected]. Lucence will not include your de-identified data in new research occurring after 30 days from the receipt of your request. Any research involving your data that has already been performed or published prior to our receipt of your request will not be reversed, undone, or withdrawn.
- Retention of Personal Data
- 5.1 Lucence shall retain your Personal Data as may be required for its legal or business purposes until such time that Lucence reasonably determines that such Personal Data is no longer necessary for its legal or business purposes.
- 5.2 Lucence protects and keeps your Personal Data safe by:
- (a) only disclosing your Personal Data to such entities or parties listed in Clause 4 above; and
- (b) taking reasonable measures to protect your Personal Data from unauthorised access, use or disclosure.
- 5.3 Lucence is committed to maintaining the confidentiality of your Personal Data, and under no circumstances shall Lucence sell, rent or share your Personal Data with any unrelated third parties.
- Use of Lucence’s Website
- 6.1 When you visit Lucence’s website <www.lucence.com>, you generally do so anonymously but the following information is automatically tracked and collected by Lucence:
- (a) IP address;
- (b) domain server;
- (c) type of computer used to access Lucence’s website;
- (d) type of web browser used to access Lucence’s website;
- (e) the previous website which directed you to Lucence’s website; and
- (f) other information associated with the interaction of your browser and Lucence’s website.
- 6.3 The information collected by Lucence or its authorised service providers may recognise a visitor as a unique user and may collect information including but not limited to how a visitor arrives at its websites, what kind of browser a visitor is on, what operating system a visitor is using, a visitor’s IP address and a visitor’s click stream information and time stamp (for example, which pages they have viewed, the time the pages were accessed and the time spent per web page). By visiting or interacting with Lucence or its authorised service providers’ websites, you are deemed to have consented to the collection of the aforesaid information.
- 6.4 Lucence may use the terms “cookies” or “similar technologies” interchangeably in its policies to refer to all technologies that it may use to collect or store information in your browser or device or that collect information or assist in identifying you as a unique user in the manner described above.
- 6.5 Lucence offers certain site features and services that are available only through the use of these technologies. You may block, delete, or disable these technologies if your browser permits. However, if you decline cookies or other similar technologies, you may not be able to use certain site features or services tools on Lucence’s website.
- 6.6 Lucence’s website may contain links to other websites operated by third parties, including but not limited to Lucence’s service providers or business partners. Lucence shall not be responsible for the data protection practices of such third party websites that are linked to its website.
- Withdrawal of Consent, Access and Correction of Personal Data
- 7.1 You may withdraw your consent for Lucence to use your Personal Data for the purposes listed in Clause 3 above, in accordance with this Clause 7. Upon receiving such notice from you, Lucence may require up to thirty (30) days to process the withdrawal of your consent and securely dispose your Personal Data. During this period, Lucence shall be entitled to continue using your Personal Data for the purposes listed in Clause 3 above. Notwithstanding any withdrawal of consent by you, Lucence may contact you for other purposes in relation to the existing products and/or services that you have requested or purchased from Lucence.
- 7.2 If you:
- (c) would like to obtain access and/or make corrections to your Personal Data records,
- please contact us at [email protected]. Lucence’s email correspondence will include instructions on how to update certain Personal Data and subscription preferences of our mailing lists. Please follow the instructions in the emails to notify Lucence of changes to your name, email address, and preference information. Lucence will take reasonable steps, such as confirmation emails, to verify your identity before granting access to your Personal Data.
- 7.3 If your Personal Data has been provided to Lucence by a third party, you should contact that organisation or individual to make such queries, complaints, and access and correction requests to Lucence on your behalf.
- 7.4 If you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, Lucence may not be in a position to continue to provide its products and services to you, or administer any contractual relationship in place, which in turn may also result in the termination of any agreements with Lucence, and your being in breach of your contractual obligations or undertakings. Lucence’s legal rights and remedies in such event are expressly reserved.
- For individuals residing in the European Economic Area (EEA), Switzerland or the United Kingdom (collectively, the “Designated Countries”) at the time of data collection, please refer to Section 10 below.
- 8.1 You shall indemnify Lucence and its officers, employees, representatives and agents against all actions, claims, demands, losses, damages, expenses and costs arising out of any of your acts, omission or negligence that cause or result in Lucence to be in breach of the PDPA or other applicable laws.
- Governing Law
- Notice to Individuals Located in the Economic European Union or Switzerland
- 10.1 This Section only applies to users of our services that are located in the European Economic Area, United Kingdom or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of our Services, or Lucence may rely on your IP address to identify which country you are located in.
- 10.2 Where Lucence relies only on your IP address, we cannot apply the terms of this Section to any user or customer that masks or otherwise obfuscates their location information so as not to appear located in the Designated Countries. If any terms in this Section conflict with other terms contained in this Policy, the terms in this Section shall apply to users in the Designated Countries.
- Our relationship to you. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Data is processed. Any third parties that act as our service providers are “data processors” that handle your Personal Data in accordance with our instructions. In relation to our website, Lucence is a controller in relation to the information that a user enters directly into the website about him or herself. To the extent a user enters Personal Data on our website to pay for, use or obtain further information about our services, Lucence is a controller.
- Lawful basis for processing your Personal Data. We describe our processing activities in Clause 3 (“Purposes for the Collection, Retention, Process, Use, Disclosure and Transfer of Personal Data”), Clause 4 (“Disclosures of Personal Data”) and Clause 4.2 (“Uses and Disclosures of De-identified Data”). Below is a chart indicating the legal bases Lucence relies on in processing Personal Data.
|Section||Purposes of processing||Legal basis for processing|
|– to provide our services to you
– to send service-related communications
– to provide customer support
– to enforce our terms, agreements, or policies
– to ensure the security of our services
– our service providers, business partners and others
– disclosure to affiliated businesses
|Processing is based on our contractual obligations under the Terms of Service, or to take steps at the request of the individual prior to entering into a contract.|
|– to inform you about research opportunities
– to personalize your experience on our website
– to conduct research and product development
– change of control
|Processing is based on our legitimate interest to better understand you, to maintain and improve the accuracy of the information Lucence stores about you, and to better promote or optimize our Services.|
|– to ensure the security of our services
– to maintain legal or regulatory compliance
– responding to legal requests and preventing harm
– safety and legal compliance
|Processing is necessary for compliance with our legal obligations, the public interest, or in your vital interests.|
|– to allow you to share Personal Data for research purposes
– for quality control & validation
– for research purposes
|Processing is based on your consent, as required under applicable law. In relation to Clauses 4.2(a) and 4.2(b) above, to the extent the de-identified data is anonymized, it is not considered Personal Data and falls outside the General Data Protection Regulations (GDPR).|
- Marketing activities. Direct marketing includes any communications Lucence sends to you that are only based on advertising or promoting products and services. Transactional communications about your account or our Services are not considered “direct marketing” communications. Lucence will only contact users or customers by electronic means (including email or SMS) based on our legitimate interest or their consent. When Lucence rely on legitimate interest, Lucence will only send you information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you. If you do not want us to use your Personal Data in this way, please click an unsubscribe link in your emails, or contact us at [email protected]. You can object to direct marketing at any time and free of charge.
- Individual rights. We provide you with the rights described below when you use our Services. When Lucence receives an individual rights request from you, please make sure you are ready to verify your identity. Please be advised that there are limitations to your individual rights. We may limit your individual rights in the following ways: (i) where denial of access is required or authorized by law; (ii) when granting access would have a negative impact on other’s privacy; (iii) to protect our rights and properties; and (iv) where the request is frivolous or burdensome. If you have questions, if you would like to exercise your rights under the applicable law please contact us at [email protected].
- Right to withdraw consent. If Lucence relies on consent to process your Personal Data, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.
- Right of access and rectification. If you request a copy of your Personal Data that Lucence holds, Lucence will provide you with a copy without undue delay and free of charge, except where we are permitted by law to charge a fee. We may limit your access if such access would adversely affect the rights and freedoms of other individuals. You may request to correct or update any of your personal information held by Lucence, unless you can already do so directly via the Services.
- Right to erasure (the “right to be forgotten”). You may request Lucence to erase any of your Personal Data held by us that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to, but later withdrew such consent; or was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing.
- Right to object to processing. You may object to Lucence’s processing at any time and as permitted by applicable law if Lucence processes your Personal Data on the legal basis of consent, contract or legitimate interests. Lucence can continue to process your Personal Data if it is necessary for the defence of legal claims, or for any other exceptions permitted by applicable law.
- Right to restriction.You have the right to restrict Lucence’s processing of your Personal Data where one of the following applies:
- You contest the accuracy of your Personal Data that Lucence has processed. Lucence will restrict the processing of your Personal Data, which may result in an interruption of some or all the Services, during the period necessary for us to verify the accuracy of your personal information.
- The processing is unlawful, and you oppose the erasure of your Personal Data and request the restriction of its use instead.
- Lucence no longer needs your Personal Data for the purposes of the processing, but it is required by you to establish, exercise or defence of legal claims.
- You have objected to processing, pending the verification whether the legitimate grounds of Lucence’s processing override your rights.
- Lucence will only process your restricted Personal Data with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. Lucence will inform you if or when the restriction is lifted.
- Right to restriction.You have the right to restrict Lucence’s processing of your Personal Data where one of the following applies:
- Right to data portability. If Lucence processes your Personal Data based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your Personal Data in a structured, commonly used and machine-readable format, and to have Lucence transfer your Personal Data directly to another “controller”, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.
- Notification to third-parties. If Lucence shares your Personal Data with third parties, Lucence will notify them of any requests for rectification, erasure or restriction of your Personal Data, unless this proves impossible or involves disproportionate effort.
- Right to lodge a complaint. If you believe Lucence has infringed or violated your privacy rights, please contact us at [email protected] so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in your habitual residence, place of work, or place of alleged infringement.