This privacy notice will inform you as to how we look after your personal data when you visit our website (site) regardless of where you visit it from) and tell you about our policy for the protection of your personal data. We also tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this privacy notice
This privacy notice aims to give you information on how we collect and process your personal data through your use of this site, including any data you may provide through this site when you, for example:
- fill out any on-line order form;
complete any customer or visitor registration, such as:
- registering as a member of the 10X Genomics community at https://community.10xgenomics.com/ and/or
- registering to participate in any of our interactive services including 10X University; and/or
- subscribing to any 10X Genomics communications including our 10X Blog
- submit any on-line enquiries or requests for product and/or service information including via our Contact Us page https://www.10xgenomics.com/contact/
- complete any third-party forms such as Eventbright or Zoom Meetings, or have your conference badge scanned for 10x-related events; or
- make any enquiries or submissions in response to potential or actual 10X Genomics career opportunities
It is important to note that this site is not intended for children and we do not knowingly collect data relating to children.
It is also important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you (in particular in relation to any job application procedure) so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
We are made up of different legal entities, details of which can be found here https://www.10xgenomics.com/company/#locations. This privacy notice is issued on behalf of the 10X Genomics Group so when we mention 10x / the Company / we / us / our in this privacy notice, we are referring to the relevant company in the 10X Genomics Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us. 10X Genomics, Inc. is the controller and responsible for this site.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Our full details are:
|Full name of legal entity||10X Genomics, Inc.|
|Name or title of data privacy manager||Ernest Lee|
|Postal address||10X Genomics, Inc.
7068 Koll Center Parkway, Suite 401
Pleasanton, CA 94566
|Telephone number||(925) 401-7300|
You have the right to make a complaint at any time to the relevant data protection supervisory authority (for example, in the UK, the supervisory authority for data protection is called the Information Commissioner’s Office (ICO) (www.ico.org.uk).
We would, however, appreciate the chance to deal with your concerns before you approach your relevant supervisory authority so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 25 May 2018 and historic versions can be obtained by contacting us.
The data protection law for individuals in the European Union (EU) will change on 25 May 2018 (the effective date of the General Data Protection Regulation (GDPR).
We are based in the United States of America (USA), however, as part of our business practices, we process personal data of individuals within the EU and we therefore ensure that we comply with the GDPR.
Although this privacy notice sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 2018 as we are still working towards getting our systems ready for some of these changes.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our site, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this site.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences and any feedback or surveyed responses. This category may also include employment and education history in the event that this personal data is provided to us in the case of career submissions.
- Usage Data includes information about how you use our site, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of our site. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
It is important to note that we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), or about criminal convictions and offences with the exception of cases where personal data is provided to us in the course of career submissions.
If you fail or decline to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail or decline to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes without limitation, any personal data you provide when you: fill out any on-line order form; create an account for our site, including completing any customer or visitor registration; submit an on-line enquiries or requests for product and/or service information; apply for our products or services; and/or request marketing to be sent to you.
- Automated technologies or interactions. As you interact with our site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google based outside the EU; and
- advertising networks such as Google Adwords Remarketing based outside the EU;
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services;
- Identity and Contact Data from data brokers or aggregators such as MONOCL, WebProspects, Data.com, DeciBio;
- Identity and Contact Data from publicly availably sources such as published works, including but not limited to printed and electronic publications. We additionally source publications from grant and funding databases, preprint servers, conference and symposium programs, and public directories.
- Technical Data from the following parties:
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
- Where we need to comply with a legal or regulatory obligation
Other than in relation to sending third party direct marketing communications to you via email or text message, generally we do not rely on consent as a legal basis for processing your personal data.
You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below:
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer:
(a) Such as in relation to your purchase of goods and/or services)
(b) Such as in relation to signing up with us to receive updates from us
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to develop our products/services and grow our business)
|To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To administer and protect our business and this site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our site, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our site updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
|To progress any enquiries or submissions in response to potential or actual 10X Genomics career opportunities||(a) Identity
|Necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established a privacy and preferences centre where you can view and make certain decisions about your personal data use http://go.10xgenomics.com/email-preferences/.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside the 10X Genomics Group for marketing purposes.
(We will also aggregate personal data with such information from other visitors to the Site such that the information no longer personally identifies you. We may use the aggregated information for the general purpose of evaluating our market and/or business trends, our customer demographics, interests and behavior, our past and future product or service offerings and/or pricing, or other aspects of our business. We may share such aggregated information with our business partners, vendors, distributors or other collaborators, for these same purposes. We may also sell or license such aggregate information to one or more third parties for use in a similar manner.)
You can ask us or third parties to stop sending you marketing messages at any time by logging into the site and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
Internal third parties – Other companies in the 10X Genomics Group acting as joint controllers or processors and who are based in the US.
External third parties:
- Service providers based in the US who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the US and in the EU who provide consultancy, banking, legal, insurance and accounting services
- United States Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United States who require reporting of processing activities in certain circumstances.
- Third parties whom we choose to work with for marketing communications or customer and prospect data management.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We are based in the USA company, however, whenever we transfer your personal data to any country other than within the EU, we ensure an EU level of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the EU Commission. For further details, see EU Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the EU Commission which give personal data the same protection it has in the EU. For further details, see EU Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers that are also based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to your personal data, as individuals within the EU. For further details, see EU Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when making any transfers of your personal data.
7. DATA SECURITY
We have put in place appropriate security measures and reasonable technical and organisational measures to protect your personal data and to prevent your personal data from being accidentally lost, intercepted, used or accessed in an unauthorised way, altered or disclosed.
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
However, you should know that neither we nor any other Internet site can fully eliminate these security risks and 10X Genomics shall not be liable for any such unauthorised access.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. LAWFUL BASIS FOR PROCESSING
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.