Consumer Health Data Privacy Policy

Effective date: September 20, 2026
Last updated: September 20, 2026

This Consumer Health Data Privacy Policy (this “Policy”) describes how BioMark Diagnostics Inc. (“BioMark,” “we,” “us,” or “our”) collects, uses, and shares consumer health data as defined by applicable U.S. state consumer health privacy laws, including the Washington My Health My Data Act and similar laws in other states (together, “CHD Laws”).

This Policy is in addition to our Privacy Policy, Cookie Notice, and, when HIPAA applies, our HIPAA Notice of Privacy Practices.

If information is protected health information (PHI) that we handle as a HIPAA covered entity or business associate, the HIPAA Notice controls for that PHI.
If information is ordinary Website or business personal information and is not consumer health data, the Privacy Policy and Cookie Notice control.
If information is consumer health data under a CHD Law, this Policy controls for that data.

1. Who we are

BioMark Diagnostics Inc.
145 – 10541 Shellbridge Way
Richmond, BC V6X 2W8
Canada
Tel: 1 604 370 0779
Email: info@biomarkdiagnostics.com

BioMark develops liquid-biopsy tests that use metabolomics and machine learning for early cancer detection and related scientific and commercial purposes. This Policy applies to consumer health data we process about U.S. consumers who are covered by a CHD Law when they visit https://www.biomarkdiagnostics.com or otherwise interact with us online or offline in a way that generates consumer health data.

2. What is consumer health data?

Under CHD Laws, “consumer health data” generally means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status. Depending on the state, that can include:

information about health conditions, symptoms, diagnoses, treatments, surgeries, medications, or bodily functions;
use or purchase of health-related services or products;
location information that could reasonably indicate an attempt to obtain health services;
biometric or genetic data used to identify a consumer, if we were to collect it;
information that could identify a consumer as seeking health care, including certain visits to a health-related website; and
data derived or inferred from the above (for example, inferring a health interest from pages viewed or a form you submit).

CHD Laws usually do not apply to PHI we hold in a HIPAA-covered role, to de-identified information that meets the legal standard, or to certain publicly available information. Those exclusions are set by each statute.

3. Consumer health data we may collect

What we collect depends on how you interact with us. We do not need clinical samples through the public Website. Consumer health data may still be created in the following ways.

3.1 Information you provide

contact forms, partnership or clinician inquiries, or messages that describe a health condition, a test interest, a patient situation, or a care setting;
newsletter or event sign-up if you associate yourself with a health-related role or interest;
job applications that include disability or health-related accommodation requests; and
information you send by email, phone, or mail that concerns health or testing.

3.2 Information collected automatically

pages you view on our Website that concern cancer, diagnostics, testing, or disease areas, together with IP address, device data, and cookie identifiers;
approximate location derived from IP; and
referral source if you arrived from a health-related site.

In some states, visiting a site that offers or discusses health services can itself be treated as consumer health data or as data from which health status may be inferred.

3.3 Information from others

a clinician, researcher, partner, or conference organizer who shares your details in connection with a scientific or commercial discussion you asked for;
service providers that process forms, email, analytics, or security on our behalf; and
public professional sources (for example, that you practice oncology), which we do not treat as consumer health data unless a CHD Law says otherwise.

3.4 What we do not intentionally collect via the Website

The public Website is not a patient portal. Do not submit medical records, lab results, or detailed clinical histories through general forms. If we offer a secure channel for testing or results, we will say so at that time and apply the HIPAA Notice where HIPAA applies.

4. Sources of consumer health data

We collect consumer health data from:

you, when you submit information or use the Website;
your device and browser, through cookies and similar technologies described in the Cookie Notice;
your authorized representative or agent, if they contact us for you; and
service providers and affiliates that process data for the purposes in this Policy.

We do not buy consumer health data from data brokers for advertising.

5. How we use consumer health data

We use consumer health data to:

respond to inquiries you send us (clinician, patient-general, partner, media, investor, or career);
provide information about our science, tests, and company that you requested;
operate, secure, and improve the Website;
send communications you subscribe to, and honor opt-outs;
evaluate partnerships, research collaborations, and job applications;
comply with law, regulation, and stock-exchange duties;
detect security incidents and prevent fraud or abuse; and
establish or defend legal claims.

We use consumer health data only as reasonably necessary for these purposes, or with consent where a CHD Law requires consent (including consent before collecting consumer health data, and a separate consent before sharing it, in Washington and other states that use that model).

We do not use consumer health data to offer products or services to you through a geofence around a mental-health, reproductive-health, or other health-care facility, which certain CHD Laws prohibit.

6. How we share consumer health data

We may share consumer health data with:

affiliates, including BioMark Diagnostic Solutions Inc., for the purposes above;
service providers / processors that host the Website, deliver email, provide analytics (if you consented to analytics cookies), security, or professional advice, under contracts that limit their use of the data;
the person or organization you asked us to involve (for example, your clinician or a partner you named);
regulators, courts, and law enforcement when we believe disclosure is required or permitted by law; and
a successor in a merger, acquisition, or similar transaction, with protections required by law.

We do not sell consumer health data. We do not share consumer health data for third-party targeted advertising as a “sale” or “share.” If that ever changes, we will update this Policy and obtain any consent or opt-out the law requires.

7. Consent and your choices

Where a CHD Law requires consent before we collect or share consumer health data, we will request that consent in a way the statute allows (for example, a clear Website notice and unbundled consent, separate from cookie consent if required).

You may withdraw consent at any time by emailing us using Section 11. Withdrawal does not affect processing we already completed while consent was in place, or processing that the law still allows without consent (for example, to comply with a legal obligation or to debug and secure the service).

You may also refuse non-essential cookies. See the Cookie Notice.

8. Retention

We keep consumer health data only as long as reasonably necessary for the purposes in Section 5, including:

as long as needed to finish the request or relationship you opened;
for a limited time after an inquiry so we can follow up and keep a business record;
as required by tax, securities, medical-device, research, or other law; and
for a reasonable period to resolve disputes and secure our systems.

We then delete or de-identify the data, or restrict it to a legal hold.

9. Your rights under CHD Laws

If you are a consumer protected by a CHD Law, you may have the right to:

confirm whether we are collecting, sharing, or selling consumer health data about you;
access that data, including a list of third parties with whom we have shared or sold it, where the law requires that list;
withdraw consent to collection or sharing;
delete consumer health data we hold, subject to legal exceptions (for example, data we must keep to complete a transaction, debug, or comply with law); and
use an authorized agent to submit a request, where the statute allows it.

We will verify your identity (and an agent’s authority) before we fulfill a request. We will respond within the time the applicable law requires. We will not discriminate against you for exercising these rights.

If we deny a request, you may appeal by emailing us with the subject line “CHD Appeal.” If you are still unsatisfied, you may contact your state attorney general.

These rights are in addition to rights described in the Privacy Policy (PIPEDA, Québec Law 25, CCPA/CPRA, and other laws).

10. Children

Our Website is not directed at children. We do not knowingly collect consumer health data from consumers under 18 (or the age set by the applicable CHD Law). If you believe we have done so, contact us and we will delete the data as required.

11. How to contact us or make a request

To make a consumer health data request, withdraw consent, or ask a question:

BioMark Diagnostics Inc.
Attention: Privacy — Consumer Health Data
145 – 10541 Shellbridge Way
Richmond, BC V6X 2W8
Canada
Email: info@biomarkdiagnostics.com
Tel: 1 604 370 0779

Please put “Consumer Health Data Request” in the subject line and tell us the state you live in.

12. Changes to this Policy

We may update this Policy from time to time. The “Last updated” date will change when we do. The current version will be posted on this page. If a change is material, we will provide additional notice or request consent again where the law requires it.