Last Updated: December 12, 2022
Last Updated: December 12, 2022
This California Privacy Notice applies solely to California residents and their personal information, as covered under the California Consumer Privacy Act of 2018, and as amended (“CCPA”). The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information” (“PI”), as well as rights to know/access, correct, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” as “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
Fulgent Genetics’ core business is generally not subject to the CCPA. This California Privacy Notice does not apply to information we collect that is “medical information” governed by the California Confidentiality of Medical Information Act or “protected health information” (“PHI”) governed by the privacy, security, and breach notification rules of HIPAA because this information is not within scope of the CCPA. For example, this California Privacy Notice does not apply to the information we collect from you in connection with laboratory testing, your test results, or other information that may legally be deemed PHI. See our HIPAA Notice of Privacy Practices for information on our use and disclosure of medical information and other protected health information.
Certain other information we collect may also be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by another specific federal privacy law. To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
What We Collect
We may collect Personal Information from our employees and/or job applicants who are California residents in a variety of different situations and using a variety of different methods, including, but not limited to, in-person, on our website, on our networks, your personal mobile device, company-issued devices, through email, in physical locations, through written applications, through the mail, and/or over the telephone. Additionally, we may collect job applicants’ Personal Information from other businesses that collect and provide or sell it to third parties in connection with job recruiting.
The list below describes: (1) the categories of Personal Information that we may collect about our consumers who are California residents or may have collected about them in the preceding 12 months; and (2) the categories of California residents’ Personal Information that we may have disclosed for a business purpose.
How We Will Use Your Personal Information
We may use your Personal Information for one or more of the following business purposes:
We will not use the Personal Information we have collected for materially different, unrelated, or incompatible purposes other than those listed above without providing you notice. We limit our use of Sensitive Personal Information to that use which is necessary to perform the Services or provide the goods reasonably expected by an average consumer who requests such goods or Services.
Sale and Sharing
We do not sell your Personal Information for monetary payments. We also have not shared (as that term is expressly defined in the CCPA) any Personal Information subject to the CCPA in the past twelve (12) months. However, we have made certain categories of information available to third party analytics providers (including for cross-context behavioral advertising) in the past twelve (12) months, which may constitute “sharing” of your personal information under current legal standards. These categories of information include: IP addresses and web-behavior information such as data generated from your use of our Websites and collected through log files, cookies, web beacons, and similar technologies. Such information may include your browser type, domains, page view, how long you spent on a page or feature of the Websites, what pages you looked at, or other data about your engagement with the Websites or the Services.
Your Rights Under the CCPA
Right to Know/Access Information
You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and Service Providers with whom we share it. Specifically, you have the right to request that we disclose the following information to you, limited to the preceding twelve (12) months: (1) the categories of Personal Information that we collected about you; (2) the categories of sources from which the Personal Information is collected; (3) the business or commercial purpose for collecting, selling or sharing Personal Information; (4) the categories of third parties to whom we disclose Personal Information; (5) the specific pieces of Personal Information that we have collected about you; (6) the categories of Personal Information that we disclosed about you for a business purpose, sold or shared to third parties; and (7) for each category of Personal Information identified, the categories of third parties to whom the information was disclosed, sold or shared. You may submit such a request as described below.
To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request. We are only required to respond to such requests from you twice in a twelve-month period.
Right to Request Deletion of Information
You have the right to request, in certain circumstances, that we delete Personal Information that we have collected directly from you, subject to certain exceptions. You may submit such a request as described below. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under applicable law, rule, order, or regulation why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Right to Correct Inaccurate Personal Information
You have the right to request that we correct inaccurate Personal Information that we maintain about you. However, in some cases, we may deny requests to correct inaccurate Personal Information, or may alternatively delete such personal information.
Right to Opt-Out.
We do not sell your Personal Information for monetary payments. However, the definitions of “personal information” and “sale” under the CCPA are broad. Because of the breadth of these definitions under the CCPA, and the uncertainty surrounding the meaning of “sharing” and “sale,” we have provided opt-out links.
You have the right to direct us not to sell your Personal Information. You may exercise your opt-out rights by clicking the “Do Not Sell or Share My Personal Information” link and following the instructions on the opt-out page, by emailing your request to email@example.com or by calling us at (888) 354-8168.
Right of No Retaliation Following Exercise of Rights
We will not discriminate against any individual for exercise of any CCPA rights.
How to Submit a Request
You may submit a request to exercise your rights to know/access, correct or delete your Personal Information by emailing your request to firstname.lastname@example.org or by calling us at (888) 354-8168.
In order to process your request to know/access, correct or delete Personal Information we collect, disclose, share or sell, we must verify your request. We do this by asking you to provide personal identifiers we can match against information we may have collected from you previously.
You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf. We require that you and the individual complete notarized affidavits in order to verify the identity of the authorized agent and confirm that you have authorized them to act on your behalf.
Each request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or that you have duly authorized the person making the request on your behalf. We do not offer any rewards programs or incentives for the collection or sharing of data.
Retention of Personal Information
We generally use the following criteria to determine the relevant retention period: we retain Personal Information for periods of time, which range depending on the level of sensitivity of data; continued need for data (for example, to continue to provide services to you, or to continue maintaining HR files for our employees); our legal obligations; applicable statutes of limitations for potential legal claims; contractual obligations; and other similar criteria. Generally, we aim to retain data for a shorter period of time when such data is more sensitive, when its deletion will not result in significant business interruptions, and/or when there are no existing legal requirements for preserving data for a longer period of time. We extend the retention periods for information subject to a Legal Hold, for the duration of the Legal Hold.
Additionally, we strive to follow data minimization principles and to retain Personal Information for the period of time reasonably necessary to perform our services, unless retaining data for longer periods is necessary to improve or provide future services, or is done with consent, or as otherwise disclosed in our applicable privacy policies. We further aim to implement record retention periods at the system level, with the goal of minimizing data risks. Different retention periods apply to different categories of data.
Here are some examples of our current retention periods for personal information:
Updates and Changes
We may update this California Privacy Notice from time to time. When we do update it, for your convenience, we will make the updated Notice available on this page. Changes and additions to the Notice are effective from the date on which they are posted.
Our Contact Information
If you have any questions regarding this Notice, please contact us:
Via Email: email@example.com
Via Toll-Free Number: (888) 354-8168
Via U.S. Mail:
Fulgent Genetics, Inc.
4399 Santa Anita Ave.
El Monte, CA 91731
ATTN: Privacy Office