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Privacy Notice

NuGEN Technologies, Inc. ("NuGEN") values your privacy and the privacy of our other customers and visitors to our website, located at http://www.nugeninc.com (collectively, with any successor websites, the "Websites"). Visitors to the Websites are, collectively, referred to herein as "Users."

This Privacy Notice describes what information NuGEN gathers from you via the Websites, how we use that information, and what we do to protect it. By using the Websites, you expressly consent to the information handling practices described in this notice.

This Privacy Notice is incorporated into and is subject to the NuGEN Terms of Use. Your use of the Websites and any personal information you provide on the Websites are subject to the terms of this Privacy Notice and NuGEN's Terms of Use.

1. The Information NuGEN Collects:

• User-provided Information: You may provide to NuGEN personally identifiable information (such as your name, organization, email address, postal mailing address, zip code, telephone number, fax number, and microarray supplier) when using the Websites. For example, if you register to join our mailing list, we will ask for information such as your name, organization, telephone number, and e-mail address so that we can send you the requested communications. You may also provide personally identifiable information if you contact us through the Websites with questions or comments.
• Employment Information: You may provide us with personally identifiable information, such as that contained on a resume or a curriculum vitae, in connection with a job application or inquiry. We may use this information throughout NuGEN for the purpose of employment consideration or your inquiry. We may keep your information on file for future consideration.
• "Cookies" Information: When you visit the Websites, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. NuGEN may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Websites. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.
• "Automatically Collected" Information: When you visit the Websites, we may automatically record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include Internet Protocol address ("IP Address"), web browser type, the web pages or sites that you visit just before or just after the Websites, the pages you view on the Websites, and the dates and times that you visit the Websites.

2. The Way NuGEN Uses Information:

• NuGEN uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features, information and services found on the Websites. We will use your email address, without further consent, for marketing purposes.
• NuGEN uses all of the information that we collect to understand and analyze the usage trends and preferences of visitors to the Websites, to improve the way the Websites works and looks, and to create new features and functionality.
• NuGEN may use "automatically collected" information and "cookies" information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Websites; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
• NuGEN will not use your email address or other personally identifiable information to send promotional messages if you have opted out or otherwise requested that NuGEN no longer contact you about the NuGEN products and services or other information.

3. When NuGEN Discloses Information:

• NuGEN does not sell, trade, rent or share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent.
• NuGEN may disclose automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Websites.
• NuGEN works with some authorized service providers to provide website hosting and maintenance as well as other services for us. NuGEN requires these services providers to safeguard personally identifiable information you provide to us. To the extent it is necessary for these service providers to complete their contractual obligations to NuGEN; these third parties may have access to or process your personally identifiable information. NuGEN generally limits their use of your personally identifiable information to the purpose for which it was shared.
• NuGEN may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
• NuGEN also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect NuGEN from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Websites; or to protect the rights, property, or personal safety of NuGEN, our Users, or others.

4. Your Choices:

You may, of course, decline to share your personally-identifiable information with NuGEN, in which case NuGEN will not be able to provide to you some of the features and functionality found on the Websites.

5. Our Commitment to Children's Privacy:

Protecting the privacy of young children is especially important to NuGEN. For that reason, NuGEN does not knowingly collect or maintain personally identifiable information on Websites from persons under 13 years-of-age, and no part of Websites is directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE WEBSITES AT ANY TIME OR IN ANY MANNER. If NuGEN learns that personally-identifiable information of persons less than 13-years-of-age has been collected on NuGEN without verifiable parental consent, then NuGEN will take the appropriate steps to delete this information.

6. Our Commitment to Data Security:

NuGEN uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to NuGEN, and you do so at your own risk. Once we receive your transmission of information, NuGEN makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If NuGEN learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. NuGEN may post a notice on the Websites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at custserv@nugeninc.com

7. International Visitors:

Personally identifiable information collected on the Websites may be stored and processed in the United States or any other country in which NuGEN or its affiliates, subsidiaries or agents maintain facilities, and by using the Websites you consent to any such transfer of information outside of your country.

8. External Websites

Our Site may contain links to external websites, including co-branded and other affiliate sites that may or may not be owned or operated by NuGEN. These are provided for your convenience only, and unless otherwise explicitly stated, we do not have control over the content or privacy and security practices and policies of third party sites. Any personal information you provide on linked pages is provided directly to that third party and is subject to that third party's privacy policy. Please learn about the privacy and security practices and policies of external websites before providing them with personal information. ACCESS AND USE OF EXTERNAL WEBSITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH EXTERNAL WEBSITES IS SOLELY AT YOUR OWN RISK, AND NUGEN MAKES NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO THE EXTERNAL WEBSITES. You acknowledge and agree that NuGEN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through external websites.

9. In the Event of Merger or Sale:

In the event that NuGEN is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

10. Changes and Updates to this Privacy Notice:

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the Websites constitutes your agreement to this Privacy Notice and any future revisions.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information.

11. Effective Date, Date Last Modified:

This Privacy Notice is effective as of September 8, 2005
This Privacy Notice was last modified on April 21, 2008

12. NuGEN Contact Information:

Please contact NuGEN with any questions or comments about this Privacy Notice, your personal information, our third-party disclosure practices, or your consent choices at: NuGEN Technologies, Inc. Headquarters, 201 Industrial Road, Suite 310, San Carlos, CA 94070 U.S.A., Tel:  50-590-3600, Fax: 650-590-3630, custserv@nugeninc.com.