Privacy Policy

Labpass Privacy Policy

Last Modified: May 14, 2023


  1.     Overview

This privacy policy (“Privacy Policy”) describes the types of information collected and created by Labpass (as defined below) in connection with your use of the Labpass consumer website (the “Site” or “Portal”) and the Services, how such information is used and disclosed and the choices you have associated with that information.  

IX Layer Inc. and its affiliates (collectively, “Labpass”, “we” or  “us”), through its Labpass brand, provides a product that enables eligible customers to purchase through Labpass retail partners (each, a “Retailer”) home sample collection kits (each, a “Kit”) for laboratory testing (each, a “Test”) and related services (collectively, the “Services”).  Labpass partners with independent third party service providers (“Partners”) to facilitate and provide access to such Services, including laboratory testing and clinician oversight services by independent clinicians.  

Before using the Services, please carefully read the Website Terms of Service, Program Terms of Service, the Informed Consent, the clinical provider policies and any other notices or consents which have been provided to you in connection with the Services and this Privacy Policy (collectively, the “Terms”). By using the Services, you consent to the collection and use of the personal information in accordance with this Privacy Policy and the other Terms.  If you do not agree to any part of this Privacy Policy or the other Terms, you should not use or access the Services.  


  1.     Information We Collect

When you access the Portal or use the Services, we or our Partners may collect the following types of personal information:  

  • Account Information. Labpass collects account information (“Account Information”), which may include your name, email address, address, phone number, username and the password you create. Your account information also includes records and copies of any correspondence with you and details of any transactions you carry out through Services.
  • Self-Reported Information. Labpass or our Partners may ask you to provide data about yourself (your “Self-Reported Information”), including demographic data,  personal and family medical history and other clinical information.  
  • Website and Device Information. As you interact with the Services on the Portal, we, and/or our Partners, may use automatic data collection technologies to collect certain information about the device and software you use to access the Services and usage patterns. This data may include information which could include your internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, resources that you access on the Portal and communication data.   
  • Surveys.   We and/or our Partners collect and maintain information that you provide when you respond to surveys.

Biological Information. You may provide to the laboratory a biological sample(s) using the laboratory’s sample collection Kit to allow the laboratory to perform the Test (“Biological Information”). The laboratory collects, processes, and stores biological sample(s) you provide in accordance with its policies provided to you in connection with the Kit.


  1.     Collection of Protected Health Information

This Privacy Policy does not apply to information that is protected health information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”). Any collected information that constitutes PHI is governed by, and will be used and disclosed solely as permitted under, the clinical provider notice of privacy practices, as well as any business associate agreement between the clinical provider and Labpass, as required by law, to safeguard PHI. For more information about the privacy of PHI, please contact


  1.     How Your Information is Collected

Some of this information is collected through your voluntary submissions of information, as described in the “Information We Collect” section of this Privacy Policy. Some of this information is collected through the use of cookies, which may be used by us and our third-party partners to collect information about your online activities over time and across different services. Some of this information is collected through other analytics technologies (e.g., Google Analytics). The Portal may also use cookies to store user-provided information during your sessions. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Portal. Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. You can usually set your browser to reject cookies or to alert you before one is placed if you prefer, but this may mean that you cannot use all features of the Portal or the Services.

  1.     How We Use Information We Collect

We will use information that we collect about you or that you provide to us only as described in this Privacy Policy or pursuant to a consent that you provide.  We may use personal information as follows:

  • To provide, facilitate the provision of, maintain, improve and enhance the Portal and the Services;
  • To improve the user experience;
  • To provide you appropriate search results and personalized content;
  • To store your interests and preferences in order to customize your use of the Portal or Services;
  • To communicate with you, provide you with updates, notices and other information relating to the Services, provide information that you request, respond to comments and questions and otherwise provide customer support;
  • To authenticate users;
  • To compile and analyze trends on the use of the Services and to develop new services, features and functionality, including by creating and using de-identified and aggregate data;
  • To de-identify your information for service improvement, research, analytics or to disclose to partners for business or other purposes;
  • To facilitate connections with Partners; 
  • For marketing purposes, including with respect to the Services and for products and services of Retailer and/or Partners as further described herein;
  • To provide you with treatment options, options for third party services and options for Retailer products. 
  • For compliance purposes or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; or
  • For other purposes for which we provide specific notice at the time the information is collected.


  1.     Disclosure of your Information

We may disclose your personal information only in the following circumstances:

  • To affiliates, Partners, service providers, and other third party vendors we use to support the Services, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.  Information that has been shared with a Partner based on your consent will be subject to that Partner’s privacy policy and/or notice of privacy practices.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Labpass, our users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • To Retailer, limited to information required for Retailer’s administration of purchases and fulfillment of replacement kits and refunds. 

We may also disclose your personal information:

  • To comply with law, a valid court order, a judicial proceeding, subpoenas, warrants, bankruptcy proceedings, or in connection with any legal process,
  • To third parties: (i) in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets; (ii) if we or substantially all of our assets are acquired by a third party, in which case personal information will be one of the transferred assets.
  • With your permission or as may be required by law.


  1.     Your Choices

As noted in the section titled “How Your Information Is Collected”, you can usually set your browser to reject cookies or to alert you before one is placed if you prefer, but this may mean that you cannot use all features of the Portal or the Services.  There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals. If you choose not to provide us with the information we collect, some of the features of our Service may not work as intended.


As noted above, we may use your information to promote Retailer’s services or those of our Partners. If you do not wish to have your information used by us to promote Retailer’s Services or those of our Partners to you, you can opt out of receiving marketing communications by contacting  You can unsubscribe from any of promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you may not be able to opt out of receiving certain Service-related emails or other communications.   


  1.     Updating, Correcting, or Removing Your Information

If you believe that Labpass has incorrect information that was provided as part of the Services, you may correct, amend, or delete that information by contacting  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Information that has already been de-identified and/or aggregated may not be retrievable or traced back for correction or removal from any database.  Information  that has been shared with a Partner with your consent will be subject to such Partner’s privacy policies. 


  1.   Security

The security of your personal information is important to us. Labpass employs procedural and technological measures to protect your personally identifiable information. These measures are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. We may use software, secure socket layer technology (SSL) encryption, password protection, firewalls, internal restrictions and other security measures to help prevent unauthorized access to your personally identifiable information. However, Labpass cannot guarantee that unauthorized third parties will never be able to defeat these measures or use your personally identifiable information for improper purposes. Therefore, you should be aware that when you voluntarily display or distribute personally identifiable information, that information could be collected and used by others. Labpass is not responsible for the unauthorized use by third parties of information you post or otherwise make available publicly.


  1.   Links, Third-Party Applications and Software

The Services may contain links to other sites or may give you access to applications, software, or products provided by third parties (“Third Party Sites and Products”). Please understand that those Third Party Sites and Products may have different terms of use and privacy policies. You should review those terms of use and privacy policies prior to using them. We are not responsible for the privacy practices of any Third Party Sites and Products. We are also not responsible for the terms of use you may be required to agree to in order to use such Third Party Sites and Products.


  1. Changes to Privacy Policy

We reserve the right to change this Privacy Policy at any time. When we make changes, we will post the changed Privacy Policy at this Portal and it will become effective immediately. Your continued access to or use of the Services represents your acceptance of such changed privacy policy.


  1.   U.S. Services

The Services are hosted in the United States and intended for individuals residing and located within the United States.


  1.   California Residents

California Shine the Light: Residents of the State of California have the right to request information from Labpass regarding other companies to whom the company has disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact

California Consumer Privacy Act: The California Consumer Privacy Act (“CCPA”) provides California residents with the right to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as the right to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “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.” Certain information we collect may be exempt from the CCPA because it is considered public information (e.g., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.  This section does not apply if we do not collect any personal information from you or if all of the information we collect is exempt from the statute.  

To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.

We collect the following categories of Personal Information: 

  • Identifiers, which may include name, address, email address and telephone number
  • Demographic information
  • Health information
  • Geolocation data
  • Information relating to internet activity, including interactions with our Portal
  • Other personal information described in Section 2 of this Privacy Policy

We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the Personal Information was collected as further described in Section 5 of this Privacy Policy.

We may share any of the above-listed information with categories of third parties as described in Section 6 of this Privacy Policy.  

Right to know about personal information collected, disclosed, or sold:  You have the right to request that we disclose to you the Personal Information we collect, use, disclose, or sell. In order to process your request to know/access your Personal Information or delete your Personal Information we may ask you to take additional steps to verify your request or identity.

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. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request.

Right to request deletion of information:  You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. 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 the law 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 Non-Discrimination:  You have the right to be free from discriminatory treatment by us based on your exercise of your CCPA rights. We may run promotions from time to time wherein we incentivize a consumer to share certain pieces of information with us. Participation in these incentives is voluntary, and you may opt out of the data sharing at any time.

Right to opt out of sale of personal information to third parties:  Labpass does not sell personal information as contemplated by the CCPA. 

How to submit a request:  You may submit a request to exercise your rights by contacting, where you can request and download specific pieces of information we have collected.

Verification procedures: In order to process your request to know about or delete personal information we collect or disclose, we must verify your request. We do this by providing personal identifiers we can match against information we may have collected from you previously.

Authorized agent:  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.


  1.   Children’s Privacy

We do not knowingly collect, maintain, or use personal information from individuals under 18 years of age, and no part of the Services are directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at


  1.   Questions or Comments

To ask questions or comment about this Privacy Policy and our privacy practices, you may contact us at