3X4 Privacy Policy (US)

1. Introduction

1.1 This Privacy Policy applies to users in the United States and elsewhere (other than South Africa), across all three Brands. Capitalized terms used herein without definition have the meanings ascribed thereto in the Terms of Service, of which this Privacy Policy forms a part and in which this Privacy Policy is incorporated by reference.

1.2 Your Privacy is important to 3X4 Genetics and GENEFIT. This Privacy Policy is intended to explain the ways in which we may collect, use, share and store your Personal Information, as well as ways you can access and manage your Personal Information.

1.3 This Privacy Policy applies to you if you are visiting our Websites, use 3X4 Services, or order a Genetic Test.

1.4 3X4 takes privacy seriously and considers your Personal Information strictly confidential, other than as specified in this Privacy Policy.

1.5 We do not sell your Personal Information to any third party.

1.6 This Privacy Policy may be updated on occasion and so we encourage you to review this policy periodically. If there is anything in this policy you do not agree with, you can choose not to use 3X4 Services or terminate any existing 3X4 Services by deleting your User Account.

1.7 This Privacy Policy does not apply to third party products or services, or other entities you may encounter when using 3X4 Services.

1.8 We take reasonable measures to protect your Personal Information against unauthorized use, alteration, loss, or corruption.

1.9 You can take precautions that help to protect your information such as reporting any suspicious activity or unauthorized access to your User Account, choosing a strong password for your User Account, and not sharing it with anyone, and employing appropriate measure to keep your devices secure.

2. Information 3X4 May Collect and Use

2.1 Your 3X4 collects and uses your Personal Information in various ways, which

identify you directly or indirectly. It is our primary goal to protect your Personal Information and only collect information that is necessary to provide 3X4 Services and to support, improve and develop our products and our business. Here are some examples of data 3X4 collects:

2.2 Basic Account Information: name, contact number, email; username and an encrypted password (not accessible to staff). If you register via Apple, Google or Facebook, we may collect linked data (name, email) and any information you choose to share.

2.3 Genetic & Health Information: if you complete a Genetic Test, we obtain Genetic Information from the DNA in your Sample collected via the Kit, together with your Sample information (including unique kit code) at registration. We use Genetic Information to provide insights into your genes and their impact on your health and training. We will not use your Genetic Information for personalized or targeted marketing or advertising without your explicit consent.

2.4 Activity, use & wearable data [for GENEFIT users]: activity, fitness, injury, tissue-health, adherence and training data; health measures such as heart rate, cadence, power, age, weight and height; and Wearable Data from devices you connect. We obtain your explicit consent to collect and process this data.

2.5 Location Information: some 3X4 Services such as GENEFIT require device-location permission to function. You can revoke location permission in your device settings, which may limit the Services.

2.6 Purchase & Payment Information: payment details are collected at checkout by reputable Third-Party Supplier payment processors using encryption; we do not store your card details. We keep a record of purchases and subscriptions.

2.7 Technical, Browser & Device Information: Technical, Browser & Device Information

2.7.1 When you access or use our services, we collect technical information from your mobile, tablet or computer devices. This includes cookies, logs, analytics, device, and network information. Examples of this type of information include your device type, IP address, number of clicks, links that referred you to us, search engine keywords, time spent on pages, links you clicked on within 3X4, and the dates and times of these events.

2.7.2 Refer to our Cookie Policy for more information on how 3X4 uses cookies.

2.7.3 This information may be de-identified and included in aggregated information so we can analyze browsing behavior and trends, as well as general demographic information. De-identified information refers to information that does not contain any identifying data (like name and email address) in order to ensure no individual person’s identity can reasonably be identified.

2.7.4 We may use this information for administration and/or security purposes.

2.7.5 We may link an IP address to users, individual sessions, and/or devices.

2.8 Other Information: information from surveys, contact forms, competitions or social-media engagement.

2.9 Genetic and Health Information

2.9.1 If you complete a Genetic Test, we obtain Genetic Information via an analysis of your DNA. Your DNA is extracted from a Sample that you provide to us using a Kit provided by 3X4.

2.9.2 Your Sample information (including your unique kit code) is collected when you register your Kit on our Website.

2.9.3 When using the 3X4 Website to register your Kit, you are provided with an opportunity to give your explicit consent for 3X4 to obtain and process your Genetic Information before you register your Kit. You may revoke consent and request destruction of your sample as set forth in the Terms of Service.

2.9.4 We use your Genetic Information to provide you with insights into your genes and how they impact on your health and training.

2.9.5 We will not use your Genetic Information for personalized or targeted marketing and/or advertising, without your explicit consent.

2.10 Wellness Services

2.10.1 In connection with Wellness Services, 3X4 may collect:

2.10.1.1 Lifestyle, nutrition, fitness, and wellness information;

2.10.1.2 Consultation notes and session recordings;

2.10.1.3 Self-reported health goals, habits, and preferences.

2.10.2 Wellness-related data may be used to:

2.10.2.1 Provide, personalize, and improve Wellness Services;

2.10.2.2 Deliver tailored recommendations and consultations;

2.10.2.3 Train staff and improve service quality (where permitted);

2.10.2.4 Support research and product development in de-identified form, consistent with existing practices.

2.11 Other Use of Information

2.11.1 We may include your de-identified information in aggregated information that is used to enhance and develop our products, services, and research, publication, and marketing efforts. De-identified information refers to information that does not contain any identifying data (like name and email address) in order to ensure no individual person’s identity can reasonably be identified.

2.11.2 Your information may be used by staff members to resolve technical or task-related issues, only when necessary. Our employees understand the importance of your right to privacy and sign confidentiality agreements when they are contracted to work for 3X4.

2.11.3 We may use your information to provide you with targeted advertising, and/or to provide you with promotions that may be relevant to you, subject to your email notification preferences.

3. Information 3X4 May Share

3.1 3X4 takes privacy seriously and takes care when choosing what to share and how to share your Personal Information when it could identify you. We also may share your de-identified information in aggregate information when appropriate, in an effort to improve and develop our products and business. De-identified information refers to information that does not contain any identifying data (like name and email address) in order to ensure no individual person’s identity can reasonably be identified. Here are some of the ways 3X4 may share your information:

3.2 Your Personal Information may be shared with third parties when it is necessary to complete a relevant task or function related to 3X4 Services. For example, we will share your shipping address and contact number with our carrier to be able to supply you with a Kit, when you order Genetics Test. We share the minimum Personal Information necessary for the purposes of the relevant task or function.

3.3 With respect to any of your Genetic Information: No third party including your employer shall have any means to identify your Genetic Information. You hereby consent to the use as aforesaid of your Genetic Information by 3X4 for the 3X4 Services. Your Genetic Information may be shared with third parties, provided that it is de-identified, and retained for a period of up to six months. You hereby consent to such sharing and retention as aforesaid. If you are a California resident, you have the right to file a complaint under Section 56.182(c) of the California Civil Code if you feel your rights to secure data use, access, security, and retention have been violated.

3.4 Subject to Section 3.3, we may share your information with third parties when they are acting on our behalf, such as when we use third parties to secure, improve, develop, promote and support 3X4 Services, and/or when we use third parties to collect your information for the purposes of promoting 3X4, and/or when using third parties to provide you with information that may be relevant to you on other websites or services.

3.5 If 3X4 is involved in a reorganization, dissolution, acquisition, or other similar transaction in which, as a matter of law, 3X4 is succeeded by another organization, we may transfer or share your information in connection with this transaction.

3.6 If we ascertain that sharing information with third parties (such as law enforcement, private litigants, and/or public or government agencies) is necessary to comply with the law, or is allowed by law, we may share or retain your information, to such extent, when responding to warrants, subpoenas, court orders, or other regulatory or legal processes.

3.7 If we ascertain it is reasonably necessary, we may retain or share your information with third parties within or outside your country of residence, such as legal counsel and other consultants, to prevent and/or detect fraud, abuse or violations of our Terms of Service, to protect our business functions, our property or other legal rights, to prevent any person from serious bodily injury or death, and/or to assist in issues relating to national security.

3.8 In connection with Consultations, your information may be shared with a third party practitioner that is part of 3X4’s practitioner network as part of such Consultation (but only at your initiation and not by or through 3X4), as well as to a third-party electronic health records management company that complies with the Health Information Portability and Accountability Act of 1996 and the rules promulgated thereunder.

3.9 In the event that you and 3X4 agree that you will participate in a study, research initiative, athletic performance and fitness evaluation program, or similar extension of 3X4 Services whereby your Personal Information, whether de-identified or identified, is shared by 3X4 with a third party, 3X4 will only proceed to the extent you have indicated your consent in a consent form provided by 3X4 with respect to each separate item marked on such consent form.

4. Managing Your Information and Communication Preferences

4.1 If you opt in to receive our marketing-related communications, you may unsubscribe by following the instructions provided in the communication.

4.2 Certain transactional communications we send may not include a facility to unsubscribe because they are necessary for us to provide 3X4 Services. This includes emails that confirm your order, and that provide shipping and Kit registration information.

4.3 You may request a copy of your data, including your Raw Genetic Data as well as 3X4 Results and other Personal Information.

4.4 You may delete your User Account via the 3X4 Genetics App, or by emailing us at info@3x4genetics.com.

4.5 Deleting your User Account cannot be reversed. Your activity data, injury data, and if you have completed a Genetic Test, your Genetic Data, will not be retrievable after it has been deleted.

4.6 We will notify you once we have completed deleting your information.

4.7 It may take up to 45 days to delete your User Account and your information.

4.8 We may retain a record of your deletion request when required or by law.

4.9 For Participants who have participated in Consultations, you may request access to Consultation records, request correction or deletion of wellness-related data (subject to applicable law), and withdraw consent for certain processing. Where Consultations are recorded, you are informed and consent obtained where required. Recordings are stored securely and retained only as long as necessary.

4.10 For Washington residents:

4.10.1 Any sharing, processing, or disclosure of your identifiable Genetic Information to third-party processors or contractors requires a separate, explicit authorization distinct from the consent gathered for data collection.

4.10.2 We strictly prohibit the sale, leasing, or renting of your identifiable Genetic Information. Washington law prohibits the sale of consumer health data without a written, signed authorization detailing the exact recipients and expiration dates.

4.10.3 As a Washington resident, you possess the absolute right to revoke consent and demand the permanent erasure of your data.

4.10.4 Upon receiving a verifiable deletion request, we will permanently delete all digital genetic profiles, account records, and derived health information within 30 days.

4.10.5 You may request the immediate physical destruction of your stored Sample (e.g., saliva kit or DNA extract).

4.10.6 We guarantee that your deletion request automatically propagates to all third-party contractors, cloud storage providers, and data processors within our supply chain.

4.10.7 In compliance with RCW 49.44.180, our services, reports, and genetic tests shall not be utilized by employers to evaluate, screen, or make employment decisions regarding Washington residents.

4.10.8 In accordance with Washington insurance regulations, genetic information generated by our platform cannot be used by health, life, or disability insurers to deny coverage, cancel policies, or establish discriminatory premium rates.

4.10.9 You may withdraw your consent for future data processing at any time by contacting our Data Protection Officer. Withdrawal of consent does not affect the legality of processing completed prior to the revocation.

5. Storing, Securing and Retaining Your Information

5.1 Your Personal Information may be stored on servers outside of the United States, where the privacy legislation may not be the same as in the United States.

5.2 When purchasing a Genetic Test and completing your cheek swab, 3X4 uses the following safeguards:

5.3 Your Sample is stored in a small vial labelled with your unique kit code to ensure it cannot be identified personally to you while in transit or by the laboratory.

5.4 After the lab has extracted the DNA from your cheek cells, your extracted Sample is stored securely by the laboratory for 6 months and then destroyed automatically.

5.5 Your kit code, basic account information, Genetic Information, and other Personal Information are stored securely on 3X4’s encrypted Amazon Cloud-based servers accessible only to a minimal number of authorized 3X4 personnel.

5.6 Your Genetic Information is stored on a separate server from the server storing your identifiable Personal Information so that your Genetic Information cannot be used to personally identify you.

5.7 Your Sample may be processed, transported to, and/or transferred to a different country from where you reside, for the purposes of providing 3X4 Services.