Privacy and updated GDPR policy
Pinnacle BioLabs or “Pinnacle” (“We” or “us” or “Us”) are committed to protecting and respecting your privacy. This statement (together with our Cookies Policy, Conditions of Use and any other documents referred to within them) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to ascertain how we process your personal data ( data or information).
For the purpose of the Data Protection Acts 1988 and 2003 as amended (the Acts) and General Data Protection Regulation 2018 (the Regulation), the data controller is Us, our registered address is 315 Deaderick Street, 15th Floor # 1550 Nashville, TN 37238.
Any word defined in the Conditions of Use shall have the same meaning in this Privacy Statement.
We may collect and process the following data about you through this Site:
We will not knowingly collect personal data from Site users that under 18 years of age. We are relying on your undertaking in the Site conditions of Use, that you are over 18 years of age. You should not use the Site or its Services including purchase Products if you are not 18 years of age or older.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. Pinnacle BioLabs utilizes Google Analytics to improve our user experience.
Where we store your personal data
The information that we collect from you may be transferred to, and stored with the Accredit Laboratory ( as defined in the Conditions of Use) and any supplier of data processing and data hosting services to us at, a destination within the European Economic Area (“EEA”). It may also be processed by staff operating inside the EEA who work for any of them. Such staff maybe engaged in, among other things, the fulfillment of your order, the and the provision of data processing and data hosting services to us. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this privacy statement by imposing on any such supplier obligations of security and confidentiality.
All information you provide to us in purchasing a Product or Services are stored on our secure servers or else on secure servers used by our service provider. Any payment transactions effected by us, will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. You must not share a password with anyone.
Unfortunately, the transmission of information via the internet is not secure and if you request that we communicate with you using a secure means of communication, we can arrange to do this. Once we have received your information, we will impose obligations of confidentiality and security on any service provider to us who processes the information.
We maintain reasonable physical, electronic, standard security practices, including encryption, passwords and physical security measures, and managerial procedures to protect the security and confidentiality of your personal data. Only a limited number of our internal staff are authorized to access, delete or modify your data. We will make reasonable efforts to ensure that your privacy interests are protected.
Uses made of the information
We use information held about you in the following ways:
Disclosure of your information
To process a request for a Product and for our Accredited Laboratory to test the Sample and send you the Test Information, we need to disclose the information within our company including to the Medical Practitioner, to our Accredited Laboratory and our IT services providers. Your request for a Product will result in your order details being accessed by and processed by our Accredited Laboratory and our IT service providers. Our Accredited Laboratory will access the information on the database which is under our control in a secure environment.
The Accredited Laboratory shall have access exclusively to your date of birth, your Sample and the test results created therein, in a pseudonymized manner. The lab shall not have access to your other personal information and the data it shall have access to cannot be attributed to you without the use of additional information kept separately in our database.
We may disclose your personal information to third parties:
If you send offensive or objectionable content or otherwise engage in any disruptive behavior on the Site, that that we can use whatever information that is available to us about you to stop such behavior and pursue our legitimate interest to prevent such behavior on our Site. This may involve informing relevant third parties such as law enforcement agencies about the content and your behavior.
Additionally, we may disclose your information if i) we are under a duty to disclose or share your information in order to comply with any legal obligation or ii) in order to enforce or apply this privacy Statement and our Cookies Policy or iii) to protect our rights, property or safety of our customers or others iv) to prevent detect or otherwise address fraud, security or technical issues. Your IP address may be supplied to regulatory authorities in connection with fraud or other formal investigations.
We may disclose and transfer your information to the lab for the purpose of i) accepting and processing an accepted order by us ii) in order to procure the Product is delivered to you by it and iii) to test any Sample provided and make your Test Information available to you on our secure Account on our Site.
We may disclose and transfer your information to an IT services provider under an agreement which requires that they process your information as we require and under our direction and under obligations of confidentiality and security.
We may pass aggregate information on the usage of our Site to third parties, but this will not include information that can be used to identify you. Unless required to do so by law, we will not include information that can be used to identify you. Unless required to do so by law, we will not otherwise share sell or distribute any of the information you provide to use without your consent.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time for us to cease processing your information and if such request is received after Order Confirmation, then you agree that we may be unable to complete the Order and in such event you will not be entitled to any refund.
Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
You have the right to be given a copy of your personal data we process which you may have supplied to us via the Site or which we may have obtained in another way. You may exercise this right in "privacy settings" section in your user account.
You also have the right to have inaccurate personal data corrected or incomplete personal data completed without undue delay. If you discover that we hold inaccurate personal data about you, you have a right to instruct us to correct that information. Such an instruction must be in writing and will not take more than 340 days to process.
In certain circumstances you may also request that personal data which you have supplied via the Site be deleted. We will delete your personal data without undue delay if the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, or if the data were processed based on your consent. , if we do not have a legitimate reason for retaining the personal data. We are not entitled to charge for dealing with such a request and we must comply within 430 days of the receipt of such a request. You may exercise this right in "privacy settings" section in your user account, or by a request in writing sent to our address as specified above with a copy of your passport and copy of utility bill to verify your address included. To exercise this right you would generally be expected to identify some contravention of data protection law in the manner in which the Site processes the personal data concerned.
You also have the right to receive your personal data which you provided to us in a structured machine-readable format and the right to transmit those data to another controller without any hindrance from us as long as we the processing of your data by automated means. The data shall be provided in xml file format. Where technically feasible, you also have the right to have the personal data transmitted directly from us to another controller based on your request. You may exercise this right in "privacy settings" section in your user account.
You also have the right to object free of charge and at any time, to the processing of personal data on the grounds relating to your particular situation. If you decide to execute this right, we shall cease to process your personal data for direct marketing purposes without undue delay and shall look into your individual case. If we find that in your individual case, your interest, rights and freedoms override our legitimate grounds for processing your personal data, the data shall not longer be processed. You may exercise this right by a request in writing sent to our address as specified above with a copy of your passport and copy of utility bill to verify your address included.
Changes to our privacy statement
Any changes we may make to our privacy statement in the future will be posted on this page and, where appropriate, notified to you by e-mail. Read our full privacy statement below.
Pinnacle BioLabs Authorized Domestic and International Distributor Sales Policy
These Pinnacle BioLabs Authorized Distributor Sales Policy (the “Policy”) applies to all Authorized International and Domestic Distributors of (the “Products”) in the United States of America and its territories (the “Territory”). By purchasing Products from Pinnacle BioLabs for sale to an end user, you (hereinafter “Distributor,” “you,” or “your”) agree to adhere to the following terms. Please read these terms carefully. Until such status is otherwise revoked by Pinnacle BioLabs, Distributor shall be considered an “Authorized Distributor” hereunder. In addition to all other available remedies, if Distributor violates this Policy, Pinnacle BioLabs reserves the right to terminate Distributor’s status as an Authorized Distributor through written notice.
1. Manner of Sale. Sales in violation of these terms are strictly prohibited, are considered a material breach of the Policy, and may result in Pinnacle BioLabs’s immediate termination of Distributor’s account or status as an Authorized Distributor, in addition to other remedies. Products sold to unauthorized persons or through unauthorized channels, including unauthorized websites, shall not be eligible for certain Pinnacle BioLabs promotions, services, and/or benefits, including, unless prohibited by law, coverage under any Pinnacle BioLabs Product guarantees.
1.1 Distributor shall sell Products solely to End Users of the Products. An “End User” is any purchaser of the Products who is the ultimate consumer for whom the Products were designed, who intends to use the Products in a commercial or institutional setting, and who does not intend to resell the Products to any third party. Distributor shall not sell to anyone a quantity of the Products greater than that generally purchased by an End User.
1.2 Distributor shall not sell or transfer any of the Products to any person or entity for re-sale without the prior written consent of Pinnacle BioLabs. This includes sales to subsidiaries/unique banners owned by Distributor, wholesalers, freight forwarders/drop shippers for other Distributors. Online Distributors such as walmart.com (owned) amazon.com (FBA), ebay.com (flagship) or any person or entity with a direct customer relationship with Pinnacle BioLabs, or any other person or entity Distributor knows or has reason to know intends to re-sell the Products is prohibited in an owned product relationship. Example: Distributor may list product on walmart.com provided it adheres to IMAP pricing and product is “shipped from and sold by” Distributor. However, Distributor is expressly prohibited from selling products to walmart.com directly for resale, engage in Amazon’s Fulfillment by Amazon program, alibaba.com owned vendor relationships or rakuten.com's Quickship program. It is incumbent upon the Distributor to enquire with Pinnacle BioLabs on existing relationships. Additional examples include but are not limited to engaging Type A (freestanding brick and mortar) stores without expressed written consent after a demonstrated sales conduit and a history of sales revenues in that channel.
1.3 Distributor shall not market for sale, sell, invoice, promote, or ship the Products to any individual or business outside the Territory without obtaining Pinnacle BioLabs’s prior written consent.
1.4 Distributor is not authorized to sell within the Territory Products purchased outside of the Territory, without obtaining Pinnacle BioLabs prior written consent.
1.5 Pinnacle BioLabs reserves the right to request information from Distributor regarding where and to whom the Products are being sold, and Distributor shall furnish such information upon request.
1.6 Online Sales
1.7. Distributor is permitted to market for sale or sell the Products on the Internet through Permissible Websites. A “Permissible Website” is a website that (i) is operated by Distributor in Distributor’s legal name; (ii) conspicuously states Distributor’s full legal name, mailing address, telephone number, and email address; (iii) does not give the appearance that it is operated by Pinnacle BioLabs or any third party; and (iv) does not include in its domain name (including any top-level domain or subdomain) any Pinnacle BioLabs product name or any trademark owned by or licensed to Pinnacle BioLabs, nor a misspelling of any Pinnacle BioLabs product name or any trademark owned by or licensed to Pinnacle BioLabs. Distributor must notify Pinnacle BioLabs in writing of any owned and operated website(s) operating under a different business name than Distributor’s legal name. Pinnacle BioLabs reserves the right to limit the sale of its products, including online. Pinnacle BioLabs reserves the right to terminate, at any time and in its sole discretion, its approval for Distributor to market and sell Products on the Permissible Websites, and Distributor must cease all such marketing and sales on the Permissible Websites immediately upon notice of such termination. Distributor shall not market or offer for sale the Products on or through any publicly accessible website other than a Permissible Website, in a Permissible Format This includes without limitation, any third-party marketplace website such as Amazon, eBay, Jet, Rakuten, Walmart Marketplace, or Sears Marketplace, without the prior written consent of Pinnacle BioLabs and only in a “third party” format to protect Pinnacle BioLabs existing relationships from price erosion and product cannibalism. Execution by Pinnacle BioLabs of the Authorized Online Seller Agreement constitutes the only means of providing consent to sell the Products on publicly accessible websites other than Permissible Websites. No Pinnacle BioLabs employee or agent can authorize such online sales through oral statements, other written agreement, or by any other means. The Policy supersedes any prior agreement between Pinnacle BioLabs and Distributor regarding the sale of the Products online.
1.7.2 With respect to sales of Products through the Permissible Websites, Distributor shall be responsible for all fulfillment to its customers, any applicable taxes associated with such individuals’ purchases of Products, and any returns of Products. Distributor agrees not to use any third-party fulfillment service, such as Amazon Fulfillment Services, to store inventory or fulfill orders for the Products. Further, Distributor agrees not to represent or advertise any product as “new” that has been returned or repackaged. Distributor’s legal name, email address, telephone contact, and mailing address shall be included with each shipment of Products ordered through a Permissible Website.
1.7.3 By selling Products through a Permissible Website, Distributor represents and warrants that the Permissible Websites are and will remain in compliance with all applicable privacy, accessibility, and data security laws, regulations, and industry standards, including, but not limited to, the World Wide Web Consortium Web Content Accessibility Guidelines 2.0 (at the AA level, or, in the absence of a AA level standard, at the A level) and the Payment Card Industry Data Security Standard (“PCI DSS”). Distributor further represents and warrants that it maintains detailed privacy policies and is, and will remain, in compliance with its privacy policies and the requirements of any contract to which Distributor is a party. Further, Distributor represents and warrants that it has implemented and maintains written information security guidelines, which will include physical, administrative and technological controls designed to prevent the unauthorized access to, disclosure, destruction or loss of personally identifying information.
1.7.4 In marketing the Products on the Permissible Websites, Distributor shall only use images of Products either supplied by or authorized by Pinnacle BioLabs and shall keep all Product descriptions up to date. Distributor’s use of the Pinnacle BioLabs IP (as hereinafter defined) on the Permissible Websites shall be in conformance with any guidelines that may be provided by Pinnacle BioLabs and must be commercially reasonable as to the size, placement, and other manners of use. Additionally, when marketing the Products on Permissible Websites, Distributor shall not use any Pinnacle BioLabs IP to direct customers to non-Pinnacle BioLabs.
1.7.5 Distributor shall market the Products on Permissible Websites in a manner consistent with the marketing of any non-Pinnacle BioLabs. To the extent Distributor offers enhanced online marketing opportunities for any non-Pinnacle BioLabs, the same opportunities must be made available to Pinnacle BioLabs for the online promotion of the Products.
1.7.6 Nothing in this paragraph 1.7 is intended to or shall modify the prohibition on marketing for sale, selling, invoicing, promoting, or shipping Products outside of the United States of America or its territories without Pinnacle BioLabs written consent.
2. Distributor’s Obligations
2.1 Product Inspection. Promptly upon receipt of Products, Distributor shall inspect the Products for damage, defect, evidence of tampering, or other non-conformance. If any defect is identified, Distributor must not offer the Product for sale and must report the defect to Pinnacle BioLabs. Furthermore, Distributor shall regularly inspect its inventory for expired or soon- to-be expired Products and shall remove those Products from inventory. Distributor shall not sell expired Products.
2.2 Product Storage and Handling. Distributor agrees to adhere to all requirements related to the storage, handling, shipment, or disposal of the Products, as set forth on Product labels and/or as specified by Pinnacle BioLabs from time to time.
2.3 Alterations Prohibited. Distributor shall sell Products in their original packaging, with all seals intact. Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations are not permitted. Tampering with, defacing, or otherwise altering any lot code, batch code, UPC number, expiration date, or other identifying information on Products is prohibited. Further, Distributor may not remove, translate, or modify the contents of any label or literature on or accompanying the Product.
2.4 Customer Service. Distributor shall be familiar with the special features of all Products kept in inventory and must obtain sufficient product knowledge to advise end-user customers on how to use the Products safely and properly. Distributor must make itself available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries within 24 hours. At all times, Distributor and Distributor’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be illegal, gives or could give the appearance of impropriety, or otherwise is or could be detrimental to the reputation of the Pinnacle BioLabs brands.
2.5 Recall and Consumer Safety. To ensure the safety and well-being of the End Users of the Products, Distributor shall cooperate with Pinnacle BioLabs with respect to any Product recall or other consumer safety information dissemination effort. Should Distributor learn of any incident that could reflect or indicate a safety concern associated with any Product, Distributor shall promptly report the incident or other information learned to Pinnacle BioLabs.
2.6 Contact Information. Distributor shall maintain accurate and up-to-date company information and shall promptly notify Pinnacle BioLabs of any change in Distributor’s telephone number, mailing address, email address, or other contact information by emailing email@example.com.
2.7 Compliance with Applicable Laws. Distributor shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products.
2.8 Consumer Confusion. Distributor shall not advertise, market, display, or demonstrate non-Pinnacle BioLabs together with Pinnacle BioLabs in a manner that would create the impression that the non-Pinnacle BioLabs are made by, endorsed by, or associated with Pinnacle BioLabs. Distributor shall not advertise, offer for sale, or sell any Products as genuine that in fact are not or falsely or inaccurately represent the features or functionality of any Products.
3. Intellectual Property. Distributor acknowledges and agrees that Pinnacle BioLabs or its affiliates own all proprietary rights in and to the Pinnacle BioLabs brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “Pinnacle BioLabs IP”). Distributor shall refrain from questioning or challenging the rights claimed by Pinnacle BioLabs or its affiliates in the Pinnacle BioLabs IP or assisting any others in doing so. Distributor is granted a limited, non-exclusive, non-transferable, revocable license to use the Pinnacle BioLabs IP solely for purposes of marketing and selling the Products as set forth herein. This license will cease upon termination of Distributor’s status as an Authorized Distributor. Pinnacle BioLabs reserves the right to review and approve, in its sole discretion, Distributor’s use or intended use of the IP at any time, without limitation. Distributor’s use of the Pinnacle BioLabs IP shall be in conformance with any guidelines that may be provided by Pinnacle BioLabs and must be commercially reasonable as to the size, placement, and other manners of use. All goodwill arising from Distributor’s use of the IP shall inure solely to the benefit of Pinnacle BioLabs or its affiliates.
4. Termination. Pinnacle BioLabs may terminate Distributor’s account and/or status as an Authorized Distributor with or without cause at any time with written notice. Upon termination of Distributor’s status as an Authorized Distributor, Distributor shall cease representing itself as an Authorized Distributor of Pinnacle BioLabs and shall cease all use of anything that may give the impression that Distributor is an Authorized Distributor of Pinnacle BioLabs or has any affiliation whatsoever with Pinnacle BioLabs.
4.1 For Products purchased directly from Pinnacle BioLabs, upon notice of termination of Distributor’s status as an Authorized Distributor, Pinnacle BioLabs, in its sole discretion, may provide Distributor a period of time of up to thirty (30) days to sell through its existing inventory of Products, and for that purpose and to that extent, the provisions of this agreement shall continue in full force and effect, and after this 30 day period, Distributor shall cease representing itself as an Authorized Distributor of Pinnacle BioLabs and shall cease all use of anything that may give the impression that Distributor is an Authorized Distributor.
Additionally, Pinnacle BioLabs, in its sole discretion, may repossess from Distributor all or any part of any stocks of Products then held by Distributor in inventory either by paying or giving credit for their invoice value or the value at which they stand in the books of Distributor, whichever is lower, provided Pinnacle BioLabs shall be responsible for arranging for and paying the costs of transport and insurance.
5. Availability of Injunctive Relief. If there is a breach or threatened breach of paragraphs 1, 2, 3 or 4 of the Policy, it is agreed and understood that Pinnacle BioLabs shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief and other equitable remedies; provided, however, no specification in the Policy of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of the Policy. Except as otherwise provided or as the Distributor and Pinnacle BioLabs may otherwise agree in writing, no failure, refusal, neglect, delay, waiver, forbearance, or omission by Pinnacle BioLabs to exercise any right(s) herein or to insist upon full compliance by Distributor with Distributor’s obligations herein shall constitute a waiver of any provision or otherwise limit Pinnacle BioLabs’s right to fully enforce any or all provisions and parts thereof.
6.1 Distributor shall, and hereby does, indemnify, defend, save and hold harmless, Pinnacle BioLabs, and its directors, officers, employees, shareholders, agents and advisors and each of the heirs, executors, successors and assigns of any of the foregoing, from and against any and all liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) to the extent they are caused by, arise from, or are incurred in connection with (i) any breach of, or failure to perform, any term, covenant or condition in this Agreement by Distributor, or (ii) the negligence or willful misconduct of Distributor or its officers, employees, agents or contractors.
6.2 Pinnacle BioLabs shall, and hereby does, indemnify, defend, save and hold harmless, Distributor, and its directors, officers, employees, shareholders, agents and advisors and each of the heirs, executors, successors and assigns of any of the foregoing, from and against any and all liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) to the extent they are caused by, arise from, or are incurred in connection with (i) bodily injury, sickness, including death, or damage to or the destruction of tangible property resulting from defective Pinnacle BioLabs or defective Products sold, shipped or delivered to Distributor by Pinnacle BioLabs; or (ii) the infringement or alleged infringement of any U.S. patent, trademark, trade dress, copyright or other intellectual property right arising out of the offering for sale or sale of such Products. Excluded are any claims, suits, or other actions relating to (i) personal injury caused or alleged to have been caused, in whole or in part, by the negligence or willful misconduct of Distributor, or (ii) any claims, suits, or other actions due to premises liability.
7. Miscellaneous. Pinnacle BioLabs reserves the right to update, amend, or modify this Policy at any time. Unless otherwise provided, such amendments will take effect immediately and Distributor’s continued use, advertising, offering for sale, or sale of the Products, use of the Pinnacle BioLabs IP, or use of any other information or materials provided by Pinnacle BioLabs to Distributor following notice of the amendments will be deemed Distributor’s acceptance of the amendments. If any provision of the Policy is held contrary to law, the remaining provisions shall remain valid. The Policy will be governed by, and interpreted and enforced in accordance with, the laws of the State of Tennessee without reference to the principles of conflicts of laws.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
In no event shall Pinnacle BioLabs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Pinnacle BioLabs's Internet site, even if Pinnacle BioLabs or a Pinnacle BioLabs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Pinnacle BioLabs's web site could include technical, typographical, or photographic errors. Pinnacle BioLabs does not warrant that any of the materials on its web site are accurate, complete, or current. Pinnacle BioLabs may make changes to the materials contained on its web site at any time without notice. Pinnacle BioLabs does not, however, make any commitment to update the materials.
Pinnacle BioLabs has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pinnacle BioLabs of the site. Use of any such linked web site is at the user's own risk.
Any claim relating to Pinnacle BioLabs's web site shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.