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Privacy Policy

Effective as of August 9, 2019.

This “Privacy Policy” describes the privacy practices of Bionano Genomics, Inc. and our subsidiaries and affiliates (collectively, “Bionano”, “we”, “us”, or “our”) in connection with the www.bionano.com website, any other website that we own or control and which posts or links to this Privacy Policy (collectively, the “Service”), and our direct marketing communications.

This Privacy Policy does not apply to personal information or other information that we handle on behalf of our business customers. Our use of that information is restricted by our agreements with those customers. If you have questions about personal information that our customers share with us, we encourage you to contact the relevant customer.

We provide important information for individuals located in the European Economic Area and United Kingdom below.

Table of Contents

Personal Information We Collect

How We Use Your Personal Information

How We Share Your Personal Information

Your Choices

Other Sites, Mobile Applications and Services

Security Practices

International Data Transfers

Children

Changes to this Privacy Policy

How to Contact Us

Your California Privacy Rights

Notice to European Users

Cookie Policy

PERSONAL INFORMATION WE COLLECT

Information you provide to us. Personal information you provide to us through the Service or otherwise may include:

Information we obtain from social media platforms. We may maintain pages for Bionano on social media platforms, such as LinkedIn, Twitter and other third party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platforms, and we will treat such information in accordance with this Privacy Policy.

Information we obtain from other third parties. We may receive personal information about you from third-party sources. For example, a business partner may share your contact information with us if you have expressed an interest in learning specifically about products or services we offer. We may obtain your personal information from other third parties, such as marketing partners, publicly available sources, and data providers.

Cookies and Other Information Collected by Automated Means We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier, browser type, screen resolution, IP address, the website you visited before browsing to our websites, general location information such as city, state or geographic area, and information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.

On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), web beacons, and similar technologies. Our emails may also contain web beacons.

See our Cookie Policy for more information.

Referrals

Users of the Service may have the opportunity to refer colleagues or other contacts to us. If you share someone else’s contact details with us, you may only submit a referral if you have permission to provide it to us so that we may contact that person.

HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To operate the Service. We use your personal information to:

For research and development. We analyze use of the Service to improve the Service and to develop new products and services, including by studying user demographics and use of the Service.

To send you marketing and promotional communications. We may send you marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the Opt out of marketing communications section below.

To comply with law. We use your personal information — as we believe necessary or appropriate — to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety. As we believe necessary or appropriate, we may use your personal information and disclose it to law enforcement, government authorities, and private parties to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing or not utilizing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and to promote our business.

HOW WE SHARE YOUR PERSONAL INFORMATION

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate our business (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor the Privacy Policy.

YOUR CHOICES

In this section, we describe the rights and choices available to all users. Users who are located within European Union can find additional information about their rights below.

Access or update your information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at info@bionanogenomics.com. You may continue to receive service-related and other non-marketing emails.

Cookies & Browser web storage. For information on how to disable cookies and similar technologies used in the Service, see our Cookie Policy. Do not track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our Service. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

OTHER SITES, MOBILE APPLICATIONS AND SERVICES

The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages, in mobile applications or on online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services that you use.

SECURITY PRACTICES

The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

INTERNATIONAL DATA TRANSFERS

Our headquarters is in the United States and we have service providers in other countries. Your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

European Union users should read the important information provided below about the transfer of personal information outside of the European Union.

CHILDREN

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable. We encourage parents with concerns to contact us.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may (and if required by law will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

HOW TO CONTACT US

Please direct any questions or comments about this Privacy Policy or privacy practices to info@bionanogenomics.com. You may also write to us via postal mail at:

Bionano Genomics, Inc.
Attn: Legal – Privacy
9540 Towne Centre Drive, Suite 100
San Diego, CA 92121

YOUR CALIFORNIA PRIVACY RIGHTS

Under California law, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with certain third parties for marketing purposes and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via mail or email at Bionano Genomics, Inc., Attn.: Legal-Privacy, 9540 Towne Centre Drive, Suite 100, San Diego, CA 92121 or info@bionanogenomics.com. You must put the statement “Your California Privacy Rights” in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

NOTICE TO EUROPEAN USERS

The information provided in this section applies only to individuals in the European Economic Area and United Kingdom (collectively, “Europe”).

Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller and Representative. Bionano Genomics, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.
The contact information for our representative in Europe is:

Bionano Genomics UK, Limited
90 Fetter Lane
London, EC4A 1EQ
United Kingdom info@bionanogenomics.com

Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at info@bionanogenomics.com.

Processing purpose (click link for details) Details regarding each processing purpose listed below are provided in the section above titled “How we use your personal information”.Legal basis
To operate the ServiceProcessing is necessary to perform the contract governing our provision of the Service or to take steps that you request prior to signing up for the Service. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the Service you access and request.
To administer events and contestsFor research and developmentTo send you marketing and promotional communicationsFor compliance, fraud prevention and safetyTo create anonymous, aggregated or de-identified dataThese activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
To comply with lawProcessing is necessary to comply with our legal obligations.
With your consentProcessing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.


Use for new purposes.
 We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.


Sensitive personal information.
 We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us. If you provide us with any sensitive personal information to us when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Service.

Retention We retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested; to comply with applicable legal, tax or accounting requirements; to establish or defend legal claims; or for fraud prevention). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your rights

European data protection laws give you certain rights regarding your personal information. If you are located within Europe, you may ask us to take the following actions in relation to your personal information that we hold:

You may submit these requests by email to info@bionanogenomics.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Cross-Border Data Transfer

If we transfer your personal information from the European Economic Area to a country outside of it and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.

COOKIE POLICY

This Cookie Policy explains how Bionano Genomics, Inc. (“Bionano”, “we”, “us” or “our”) uses cookies and similar technologies in connection with the www.bionanogenomics.com website and any other website that we own or control and which posts or links to this Cookie Policy (collectively, the “Sites”).

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies serve different purposes, like helping us understand how a site is being used, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience.

Our Sites may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them).
We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Sites; and (2) third party cookies, which are served by service providers or business partners on our Sites, and can be used by these parties to recognize your computer or mobile device when it visits other websites. Third party cookies can be used for a variety of purposes, including site analytics, advertising, and social media features.

What types of cookies and similar tracking technologies does Bionano use on the Sites?

On the Sites, we use cookies and other tracking technologies in the following categories described in the table below.

TypeDescriptionWho serves the cookiesHow to control them
AdvertisingThese cookies are used by advertising companies to collect information about how you use our Sites and other websites over time. These companies use this information to show you ads they believe will be relevant to you within our Service and elsewhere, and to measure how the ads perform.Facebook   GoogleSee ‘your choices’ below.
AnalyticsThese cookies help us understand how our Service is performing and being used. These cookies may work with web beacons included in emails we send to track which emails are opened and which links are clicked by recipients.Google Analytics   Pardot  See ‘your choices’ below.   Google Analytics uses its own cookies. You can find out more information about Google Analytics cookies here and about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Sites by downloading and installing a browser plugin available here.  
EssentialThese cookies are necessary to allow the technical operation of our Service (e.g., they enable you to move around on a website and to use its features).Google Tag Manager  See ‘your choices’ below.


Other technologies

In addition to cookies, our Sites may use other technologies, such as pixel tags to collect information automatically.


Browser Web Storage

We may use browser web storage (including via HTML5), also known as locally stored objects (“LSOs”), for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. Your web browser may provide functionality to clear your browser web storage.


Web Beacons

We may also use web beacons (which are also known as pixel tags and clear GIFs) on our Sites and in our HTML formatted emails to track the actions of users on our Sites and interactions with our emails. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages or within HTML formatted emails. Pixel tags are used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of the Sites, so that we can manage our content more effectively.


Your choices

Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Sites may not work properly.

For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience in your use of our Sites. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Sites.


Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or a similarly titled link). Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.


If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.


For more information about how we collect, use, and share your information, see our Privacy Policy.


Changes

Information about the cookies we use may be updated from time to time, so please check back on a regular basis for any changes.


Questions

If you have any questions about this Cookie Policy, please contact us by email at info@bionanogenomics.com.

Last modified August 9, 2019.