Privacy Policy

Updated: Aug 1, 2022

This Privacy Policy describes the personal data handling policies ofThe Dust Test and its subsidiaries and affiliates (collectively, the “Company” or “we” or “us”) as a data controller, including the following:

  1. What personal data we collect, including from the Company’s online and mobile applications, products, services and our websites (collectively, the “Services”); 
  2. How we use the data;
  3. With whom we may share the personal data;
  4. Legal basis for processing the data;
  5. Storage and security of your data;
  6. Your Privacy Rights, Choices and Disclosures, including those for Europe and California;
  7. Users outside the United States; and
  8. Links to other sites; 
  9. Privacy Policy updates; and
  10. Contact Information.
  11. Personal Data We Collect or Process

  12.  The Services capture some information about you automatically utilizing background local storage and session storage technologies (“Cookies”). Cookies are small files or other pieces of data which are downloaded or stored on your computer or other device, that can be tied to information about your use of the Services (including certain third party services and features offered as part of our website). Examples of information of this type are your IP address, the browser you are using, the operating system you are using, the pages on the website that you visit and details of your transaction activity, such as the amount, date and time for each transaction.  When we use Cookies, we may use “session” Cookies that last until you close your browser or “persistent” Cookies that last until you or your browser delete them. You may change your browser setting to decline the use of Cookies.

We use Google Analytics, a web analytics service of Google Inc. (“Google”) which uses Cookies to identify the frequency of use of certain areas of our website and to identify preferences. For more information regarding how Google collects, uses, and shares your information please visit http://www.google.com/policies/privacy/partners/. The information regarding your use of this website that is generated by the Cookie (including your truncated IP address) is transferred to a Google server in the United States and stored there. Google will use this information to analyze your use of the Services, compile reports on activity for us, and perform further services associated with website use and Internet use. Google may also transmit this information to third parties where required by law or to the extent that third parties process these data on behalf of Google. You can deactivate Google Analytics using a browser add-on if you do not wish the analysis to take place, available at https://tools.google.com/dlpage/gaoptout?hl=en.

We operate social media pages on third party networks and have social media icons on our website. When you visit or link to our social media pages, data is processed both by us and the applicable social media provider. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers.  Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

  1. We also collect information that you provide to us voluntarily.  The Company collects the information that you provide to us when you sign up to receive newsletters, advisories, announcements and invitations and contact us by email. In connection with provision of the Services through our applications, we request the following information: 
  • Contact Data, including name, billing address, residential address, email address and telephone numbers.
  • Payment card data if your purchase any of our products and services.
  • When you purchase our products and services, such as dust and mold kits and mold reports, you are providing to us information about your home and living spaces.

Please note that if you provide a mobile phone number, you are consenting to receive text messages from us. You will have the opportunity to opt out of any text messaging communications you may receive from us.

  1. We do not knowingly collect information from users of our website under the age of 18 and/or their internet usage, and such persons are not authorized to use the Services. If we obtain actual knowledge that a user is under 18, we will take steps to remove that user's personal information from our databases. By using the Services, you represent that you are at least 18 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements.
  1. How We Use the Data

We use the personal data we collect to respond to your inquiries, complete transactions you initiate, provide the services you request, fulfill orders, perform our contractual obligations, provide updates and other important information related to your activity on and with the Services, inform you of new services or changes in Services, inform you of products and services that may interest you, administer the Services, and for other legitimate business purposes. You will have the opportunity to opt out of any electronic marketing communications you may receive from us.

The Company’s goals include improving the environment not just in your home, but also on a larger scale. By submitting to us results from our testing kits, you consent to the Company’s use of the data on an anonymized and de-identified basis for analysis, scholarship, research and development.

  1. With Whom We Share Personal Data

The Company may share data among its group companies. 

We may share your personal data to third parties (within or outside your country of residence) who perform services on our behalf, including without limitation our technology providers, payment processor, laboratories, and professional advisors.  

We may disclose information (within or outside your country of residence) if we have a good faith belief that disclosure is necessary by law or the legal process, to protect and defend our or others’ interests or property, or to enforce agreements you enter into with us.  

We may share your data with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third party.

Further to the Company’s goals to improve the environment, we may share aggregated and de-identified information with third parties (within or outside your country of residence) for analytical, research or other similar purposes. 

The Company may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements on the Services, including for any other contemplated uses of your personal data not addressed in this Privacy Policy. Please read all online agreements carefully before accepting them.  

  1. Grounds for Using Your Personal Data

We rely on the following legal grounds to process your personal information:

Consent. Some uses of your personal data as described in this Privacy Policy are subject to your consent, such as marketing email communications.  To withdraw your consent, please contact us at [email protected].  You may also refrain from providing, or withdraw, your consent for Cookies via your browser and mobile settings.

Performance of a contract. We may need to collect and use your personal information to enter into a contract with you and to perform Services that you request. 

Legitimate Interests. We may use your personal information for our legitimate interests to provide our Services and to improve our Services and the content contained thereon.  We may use technical information as described in this Privacy Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.  

Compliance with Legal Obligations. We may use your personal information as necessary to comply with our legal obligations.

  1. Storage and Protection of Your Personal Data

We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected and to perform our contractual and legal obligations. Notwithstanding the generality of the foregoing, we store email addresses until the user requests to be unsubscribed or removes themselves through any self-service tools offered to the user.  

We do not store payment card information; rather we utilize payment processors and store only an electronic receipt that sets forth confirming payment details, such as purchase date, the expiration date of the payment card and the payment ID, but not complete payment card information.

We take reasonable administrative, physical and technical precautions to protect your personal data and communications between us.  This includes, when required or as we deem appropriate and feasible under the circumstances, encryption and written commitments from third parties that may have access to your data that they will protect the data with safeguards that are substantially equivalent to those used by us. 

No Internet or e-mail transmission is ever fully secure or error free, however.  We therefore cannot guarantee absolute security of your data, and we are not responsible for processes and networks that we do not control.  Users assume the risk of security breaches and the consequences resulting from them.  Please be careful in deciding what information you send to us via email or over the Internet.  

  1. Your Rights, Choices and Disclosures


General. This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations.  If you would like to make a request, cancel your account or request we delete or no longer use your account information to provide you Services, contact us at [email protected]

You may opt out of receiving electronic marketing communications from us by clicking on the “unsubscribe” link on the communication or contacting us at [email protected]. Some non-marketing communications may not be subject to a general opt-out, such as communications about transactions, disclosures to comply with legal requirements, software updates and other support-related information.  

Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority. 

You may be able to disable Cookies through your browser settings, but if you delete or disable Cookies, you may experience interruptions or limited functionality in certain areas of the Services.  

  1. Your European Privacy Rights and Choices.  If you are located in the European Union, the United Kingdom or another jurisdiction that has adopted laws substantially similar to the General Data Protection Regulation (GDPR), your privacy rights include the following: 
  • Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
  • Right of access, correction, restriction of processing, erasure. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal and contractual obligations.  To make a request or to ask us a question about our data practices, please contact us via email at [email protected].  
  • Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time. 
  • Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations.  Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal requirements.  
  • Right to data portability. You have the right to data portability of your own personal data by contacting us.
  • Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you.
  • Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according to GDPR, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.
  1. California Disclosures

 

California “Shine the Light” Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed.  If you are a California resident and want such a list, please send us a written request by email to info@thedusttest with “California Shine The Light Rights” in the subject line.  

California Do Not Track Disclosure: We use commercially reasonable efforts to honor a user’s Do Not Track browser settings utilizing a plugin.  

California Consumer Privacy Act. The Company is not a “business” subject to the California Consumer Privacy Act. 

  1. Users Outside the United States

The Services are controlled and operated from the United States. If you are an individual from the European Union, United Kingdom, Canada, a country that has adopted laws substantially similar to GDPR, or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that we may store and process the information we collect in the United States which is not deemed an “adequate jurisdiction” by the European regulatory authorities.  By visiting or using our Services, you are consenting to the transfer of your information from your jurisdiction to the United States.

  1. Links to Other Sites

Our Services may contain links to other websites for your convenience or information.  These websites may be operated by companies unaffiliated with the Company, and we are not responsible for the content or privacy practices of those websites.  Linked websites may have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit the websites.  

  1. Privacy Policy Changes

We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our information practices, and any such amendments shall apply to information already collected and to be collected. Your continued use of the Services after any changes to our Privacy Policy indicates your agreement with the terms of the revised Privacy Policy.  Please review this Privacy Policy periodically and especially before you provide personal data to us.  If we make material changes to this Privacy Policy, we will notify you here, by email or by means of a notice on our home page.  The date of the last update of the Privacy Policy is indicated at the top of this Privacy Policy.  

  1. Questions and Contact Information

Please contact us if you have any questions about our Privacy Policy. You may contact us by sending correspondence to The Dust Test, 1712 Ginesi Dr., Freehold, NJ 07728, or by emailing us at [email protected]