Terms of Service
Effective Date: January 31st, 2019
Through scientific integrity and industry expertise, Confidence Analytics is dedicated to providing the cannabis industry with cutting-edge analytical services to benefit production and distribution of products with true quality assurance and traceable documentation.
We are committed to transparency of method, honesty in outcome, innovation of systems, diligence to protocol, clear communication of information, and excellent customer service. In return, we hope for support and commitment to partnership from our clients and our community.
We take the private nature of your personal and business information very seriously and we are committed to protecting it. To do that, we have set up procedures to ensure that your information is handled responsibly and in accordance with applicable data protection laws. We are grateful for your trust and we will act that way.
Data About You and Your Company
If you register an account, you may need to give us your email and other personal info.
Most of our clients interact with our service in ways that require them to provide us with personally identifying information. The amount and type of information that is provided depends on the nature of the interaction. For example, we ask visitors who sign up as clients with Confidence Analytics to provide a username and email address. Clients who engage in financial transactions with Confidence Analytics are asked to provide additional information, such as the personal and financial information required to process their transactions with us. To accept samples at the laboratory, we need to know the address of your business, because that information can be required for both the manifest and the Certificate of Analysis. We only collect as much information as is necessary or appropriate given the type of interactions that we have with you. We do not disclose personally identifying information, except when authorized to do so by you, when necessary in carrying out our service to you, or when required to by law.
Data About Your Samples
We only give your test results to you, or to others you authorize us to give it to.
When you submit samples to Confidence Analytics, you do so with the implied intention of obtaining analytical laboratory test results about those samples. Test results are quantitative and/or qualitative information about your samples as determined by the laboratory. We make those test results available to you on our online portal (results.conflabs.com). Only you and anyone else from your business who has registered with Confidence Analytics under your account can access your test results via our online portal. It is your responsibility to manage who has access to your account. Account management is accessible via the online portal for users with administrative permissions. If you’re not sure who is authorized on your account, you can always call to ask.
You may also authorize us to share your data with other third parties. Depending on the nature of the sharing, we may ask that you sign a Data Share Agreement memorializing your intent to have us share your data.
If you submit samples to us that are manifested in such a way as to indicate they are compliance test samples mandated by local law or regulation, we may be required by local law to report certain test outcomes to the local cannabis authority, sometimes within a specified time period after obtaining the test results. By sending us samples manifested in this way, you are requesting that we upload the required information to the state’s “seed-to-sale,” “track and trace,” or “traceability” system. We do not give the state access to our website’s secure login portal. Your data are kept confidential except where legally required to be disclosed or in cases where you choose to share the data or make the data public.
Your data are kept confidential except where legally required to be disclosed or when available in the public domain or in cases where you choose to share the data or where a third party has made the data shareable.
Data We Collect For Your Purposes
It’s the whole reason you hired us.
You send us samples with the intention for us to collect laboratory results about those samples using our test methods. What types of data we collect depends on what you request. It is your responsibility to make sure that you are requesting the correct test methods for your needs. If there are regulatory implications as to which test methods a particular sample needs, it is your responsibility to know those implications and to request test methods appropriately. Of course we will assist you if asked, and provide forms to make the request communication clear. However, it is ultimately your responsibility. We just do what you ask.
Accessing Your Data
It’s your data if you paid us to collect it for you.
We provide you with access to your data via our online portal (results.conflabs.com). Through this portal, you can see the high-level information we have about you, your company, and your samples, including the results of our laboratory tests. You can also sign up to receive your test results via email. Our primary means of communicating data about your samples is through our Certificates of Analysis which are .PDF documents describing the outcomes of the tests.
We reserve the right to withhold data about your samples if you haven’t paid for it. Unless otherwise agreed upon, our service is “cash on delivery,” meaning we won’t return your results to you until we are paid. We offer flexible Net 30 Terms for qualified clients. Call to inquire.
Data We Collect for Our Purposes
We generate lots of data beyond just the results we return to you. Most of the additional data we collect is not interesting to you, but if you want it we will give it to you with some restrictions.
During analysis, our laboratory scientists are using our advanced instrumentation to generate the results that we deliver to you. Along the way, our scientists collect additional data about our processes. This additional data is used by us internally in support of our ongoing laboratory quality assurance program. The additional data may include chromatograms, method parameters, mass spectra, information about blanks, controls, and continuing calibration verifications, as well as raw data generated by our scientists and their instrumentation. We do not deliver all of this additional data to you on a routine basis because the cost and complexity of doing so would be prohibitive. If you would like to request any or all of this additional information, you may do so by contacting our office. There may be fees associated with compiling and delivering additional information to you.
Data Expiration Dates and Measurement Uncertainty
Nothing lasts forever. Uncertainty is the only certainty there is.
The Certificates of Analysis we deliver to you are valid for one year after issuance. After that time they will still be available for download at our online portal, but we will not make changes to the Certificates of Analysis even upon request. Additionally, Certificates of Analysis and data we collected for our purposes may be archived after a year and accessing it after that time may be more costly. Eventually, even our archived data may be deleted on a schedule we determine.
Regarding our measurement of uncertainty, we are following the simple acceptance decision rule.
How You Use the Data
Use the data for good. Don’t be misleading about it.
Data that you purchased from us belongs to you. How you use your data is up to you. We require that you not misrepresent the data we provide, or alter it in such a way that renders it misleading or incorrect. Certificates of Analysis are copyright documents we provide with every test result and they should not be altered in design or content or recreated without our expressed permission.
We urge our clients to be diligent about ensuring that only the correct information provided by our laboratory ends up on product labels. Cannabis laboratory data on a product package may be subject to specific labeling laws, and it is up to the distributor of the packaged good to ensure that the label is accurate and defensible.
Using Our Marks
Please use our marks on your packaging, but only in cases where the mark makes a true label claim.
Some of our marks can constitute label claims when appearing on a product label. We encourage cannabis brands to utilize our marks for the goodwill and consumer confidence it may provide, but we require that our marks only be used when making a true label claim.
Tested With Confidence Program™
The Tested With Confidence mark means just what it says. When you see this mark on a cannabis product package, it means the product was tested for the presence of pesticides by Confidence Analytics, a Certified Cannabis Testing Laboratory. This is an indication that the product has undergone rigorous laboratory analysis to provide accurate labeling and ensure the product is free of excessive pesticide residues.
To qualify, brands using the mark must be enrolled in our Tested With Confidence Program™. Products with this logo on their package must have been tested by Confidence Analytics at the lot level for pesticides, terpenes, and all required compliance tests. In other words: the sample used by the product manufacturer to pass the Quality Assurance test must have had the sample tested by Confidence Analytics for pesticides.
The Confidence Analytics® Seal
The Confidence Analytics Seal is an indication that the product was tested by Confidence Analytics. Like the Tested With Confidence mark, the Confidence Analytics Seal can only be placed on the package label of products tested by Confidence Analytics.
Updated: October 14th, 2022; added definition of Measurement Uncertainty; clarified public domain.