Privacy Policy

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Privacy Policy

((Privacy Statement))

 

- Introduction:

 

Users' privacy is our top priority at DNA & US and we place a great emphasis on it as we do regarding the quality of the Services we provide.

 

We developed this Privacy Statement to help our customers understand how we collect, use, store, process, share and transfer all of their information when operating our Website and other Website Platforms such as smart phone application in order to provide them with our Services.

 

We strive to be as transparent as possible regarding our customers' personal information, including their Genetic Information, and to provide them with as much control as possible over how it is used, shared and stored. Therefore, we ask our valued customers to read the Privacy Statement very carefully, and if they disagree with what is stated therein, we kindly ask them not to request the Service.

 

First: Terms and Definitions:

 

In the application of this Privacy Statement, the following terms and expressions shall have the meanings assigned to each, unless otherwise required by the context.

 

1-    Statement: This Privacy Statement which explains how DNA & US collects, uses, stores, processes, shares and transfers all customers' information when operating its Website and other Website Platforms such as smart phone applications in order to provide them with the Services.

 

2-    Agreement: The electronic contract and agreement, including all articles and clauses stated therein, which constitute the terms and conditions of the Services provided by DNA & US.

 

3-    First Party: DNA & US Company and all its legal subsidiaries affiliated thereto and owned thereby.

 

4-    Second Party: A client who desires to receive and use the Services, whether for itself or for another person giving it an express authorization, and whether he/she uses its User Account to receive the Services or authorizes another person to use the same under an express authorization.

 

5-    Other Users: Any persons other than the Second Party, who receive or use the Services provided by the First Party.

 

6-    User Account: An account created by the Second Party upon registration to the Website, whether or not this Account contains Genetic Information or results, and whether, in the first case, such information and results pertain to it or to another person who has an express authorization, through which it will be able to receive or use the Services provided by the First Party, whether through this Website directly or through other Website Platforms.

 

7-    Website: The main central Website wholly owned by the First Party, which includes some linked web pages and can be accessed through the homepage, including all Content, information, or users therein. The link to this Website is WWW.DNAANDUS.NET.

 

8-    Website Platforms: They are virtual electronic environments for all publications and posts in an interactive manner. They are owned directly by the First Party, including, for example, the smart phone applications and accounts of the First Party on the social media networking.

 

9-    Services: All products and Services provided by the First Party, including, for example, the ability to access and view the Content of the Website and the Website Platforms, or use them in whatever manner for the purpose thereof.

 

10-  Content: Any innovative production, whether written, visual, or audio; whether static or mobile; and whether real or virtual. Thus, it includes but not limited to, any written and readable subjects, images, video and audio recordings, certificates, documents, and other materials that can be classified as Content.

 

11-  DNA Sample: Any tangible object that contains the DNA of the Second Party or any other person, irrespective of its shape, source of DNA, and taking manner.

 

12-  Digital Genetic Information: An electronic file, irrespective of the format thereof, that has arrays of letters, figures, and words, including the Genetic Information of the Second Party or any other person.

 

13-  Abstract Genetic Information: Any information the Second Party or the User manually uploads to the Website on or after registering its User Account, and attaches any document, certificate, image, or recording thereto to prove its validity, without providing any DNA Sample or Digital Genetic Information file.

 

First: Agreeing to the Privacy Statement

 

1-    The Second Party shall not be able to register his/her User Account and obtain and use the Services provided by the First Party except by agreeing to the Privacy Statement, by clicking on the acceptance icon, so that he/she acknowledges that he/she has read and agreed to such Privacy Statement before being subject thereto.

 

2-    Whoever obtains or uses any of the Services provided by the First Party in any way whatsoever, whether through the Website or the Website Platforms, or externally uses them in another real or virtual place, shall be deemed to agree to and be subject to this Statement. In the event that any person logs into its User Account that is created by another person acting on his/her behalf and under his/her authorization, upon using the Account, it shall be deemed to agree to what is stated in this Statement.

 

Second: Types of Information Collected by the First Party:

 

(A) Information directly provided by the Second Party to the First Party or information related to the Services:

 

It shall include information directly provided by the Second Party to the First Party, namely:

 

1-    Personal Information: It is the information provided by the Second Party when registering its User Account, such as the chosen name, email, phone number, billing address, shipping address and payment information.

 

2-    User Account Information: It is the general information entered by the Second Party in its User Account, that appears to the public, which is the User Account profile picture, the background image of the User Account, the name of the User Account, the public profile of the User Account “Bio”, the biography attached to the User Account, gender and any other information selected by the Second Party to be visible to the Other Users.

 

3-    Genetic Information: Whether the First Party obtains this Information through DNA Samples, the Digital Genetic Information submitted by the Second Party, or through Abstract Genetic Information, and the First Party keeps such information in the form of readable data.

 

4-    Other Information: It is the information voluntarily provided by the Second Party outside the scope of the abovementioned clauses, such as information provided in case of answering the questionnaires submitted by the First Party, as well as information provided in case of communication with the customer service center of the First Party or any other department affiliated thereto for any reason. This information shall be collected in order to track and respond to the inquiries of the Second Party, and to analyze and improve the Services provided by the First Party.

 

(B) Information obtained by the First Party through the use of Services via tracking technology:

 

1-    Website Behavior Information: Information about how the Second Party uses the Website, and such information shall be obtained by the First Party through cookies, log files and web beacon technology, such as browser type, domains, and page views.

 

2-    Information about the Used Computer and Network: Information related to the computer used to access the Internet, the Internet Protocol (IP), web browser, device operating system, Internet service provider (ISP) or mobile phone, and the website visited by the Second Party before accessing the First Party’s Website and exit page.

 

Third: How the Information Collected by the First Party is Stored:

The First Party shall maintain all the information it collects from the Second Party and to the extent that it does not conflict with the terms of this Statement, as set out below:

 

1-    Regarding personal information, User Account information, and Abstract Genetic Information only, which belong to the Second Party, and information obtained by the First Party through the use of the Services via tracking technology: The First Party shall maintain them on the servers prepared for this purpose and linked to the Website and Website Platforms. The First Party shall also maintain backups of information, data and Content, whoever provided them, and other electronic data, including copies of Digital and Abstract Genetic Information, in order to prevent their loss in the event of any infringement or disaster that may lead to the disruption or destruction of the Website or the Website Platforms.

 

2-    Regarding Digital Genetic Information: The First Party shall maintain it in places separate from the Website, in order to protect it from any electronic hacking or piracy that the Website may be exposed to. Therefore, the First Party will not be able to request its Digital Genetic Information file from the Website on its own device or its affiliated platforms, and if the First Party wishes to do so, it shall contact the Security and Protection Department via this email (info@dnaandus.com).

 

3-    Regarding the Second Party DNA Samples: The First Party shall maintain them, or what remains of them, in the places designated for this purpose, by itself, its agents or subcontractors with whom the First Party deals for the purposes of providing the Services, in the manner set forth in Clause “Fifth” of this Statement, for a period of up to twenty-five years. As is the case with the rest of the similar companies, the First Party shall not be able to retrieve them or what remains of them.

 

Fourth: How the First Party Uses the Information Received Thereby from the Second Party:

 

The First Party shall use the information it obtains or collects from or about the Second Party and the general users of its Websites and Website Platforms as follows:

 

1-    Enable the Second Party to create its own User Account or those who have a special and express authorization from the Second Party to obtain the Services on its behalf and for it, with all the features and capabilities offered by this Account, and enable it to:

 

(A) Provide DNA Samples of the Second Party or its authorized representative, upload Digital Genetic Information of any of them, submit the Abstract Genetic Information of any of them, and provide the relevant certificates and pictures.

 

(B) Upload and share information, data, images and recordings, whether visual or audio, or any other Content of whatever form, with others in an interactive manner.

 

2-    Process payments made by the Second Party through its User Account.

 

3-    Provide the Services that the First Party provides to the Second Party and all its customers and enable them to use them, including for example:

 

(A) Provide access to the First Party's official Website or Website Platforms, whether real or virtual (electronic), and review their research, reports, work papers, statistics, figures, information, images, video or audio clips, or any other Content of whatsoever form.

 

(B) Examine and profile the DNA Samples of the Second Party or its authorized representative; draw conclusions from them as explained in detail in the sales offers, each according to its type; process such Samples and the Digital and Abstract Genetic Information, whether by the First Party or any third party cooperating with it; analyze; interpret; present; and compare the results with the database of the First Party or any other party cooperating with it.

 

(C) Make matches through the database of the First Party, its contractors, agents or clients with whom it cooperates in order to obtain a reading of the results of examining the Genetic Information of any kind, in order to know the corresponding human races, ethnic races, and ancient civilizations, and perform matches with the Other Users to identify the extent of match or kinship between the Second Party and Other Users or reference data.

 

(D) Conduct research, studies and statistics related to the Services provided by the First Party.

 

(E) Enable the Second Party and the Other Users to view only the general information in the User Accounts of which owners choose a feature to allow others to view their general information, which is detailed in the Terms and Conditions Document set forth in the Agreement.

 

(F) Enable the Second Party and the Other Users to view the public Content that each of them wishes to share with others and which is detailed in the Terms and Conditions Document set forth in the Agreement.

 

(J) Enable the Second Party to communicate with the Other Users and vice versa, upon their approval and through the means of communication they choose.

 

4-    Conduct genetic, hereditary and historical searches from an analytical, investigative and survey point of view in order to develop, improve, upgrade and simplify the Services and products, and add new Services, products and methods of use in the future.

 

5-    Communicate with the Second Party through its User Account or email, or by any other way.

 

6-    Execute marketing and promotional campaigns via the Internet or email of the Second Party and potential customers, including the use of third-party advertisements subject to Second Party cookie settings, and measure the performance of the promotional campaigns.

 

7-    Enable the First Party to take the necessary legal measures against the Second Party, any Other User, or any other party as a result of the violation by the latter of the terms and conditions set forth in the Agreement; to address any infringement or hacking of the First Party, any of its entities, employees, agents, subcontractors or other collaborators and their employees; or to address any infringement or hacking of the Second Party or any of the Other Users, in order to preserve their rights and to provide safe use of the Services of the First Party.

 

Fifth: How the First Party Shares the Information Received Thereby from the Second Party:

 

1-    Information Shared by the First Party with Other Users of the Website:

The First Party shall not share any of the personal information, User Account information, Genetic Information, other information of the Second Party, and the information obtained by the First Party through the use of Services via tracking technology, which was previously detailed in Clause (Fourth) of this Statement, with any Other Users except within the following limits:

 

(A) Enable Other Users to view the general information “visible only” in the User Account of the Second Party, namely: the profile picture of the User Account, the background image of the User Account, the public name of the User Account, the public profile of the User Account “Bio”, the biography attached to the User Account, the email of the Second Party, the chosen domicile of the User Account, including the country, city, gender, and any other information that the Second Party chooses to be visible in its account to Other Users.

 

(B) Enable Other Users to view the genetic results of the Second Party whenever the latter chooses to make them public to all Other Users. Such results include the paternal genetic lineage, deep mutation, maternal genetic lineage, race examination results, ancient DNA test results, as well as matches with Other Users in order to indicate they share genetic data with the Second Party and vice versa, and identify the parts of their DNA they share, as well as the statistics associated with those results. It shall be taken into account that the Second Party, through the settings of its User Account, may block this data or part of it from all Other Users or make it available to all or some of the Other Users, and in this case the Other Users will not be able to view such information except as determined by the Second Party. In contrast, the Second Party will not be able to view such information in other accounts in the same way.

 

(C)  Enable the Other users to perform genetic matches with the Second Party and the Other Users whenever the Second Party chooses to allow such matches to be performed, taking into account that if the Second Party sets its own User Account not to allow matches with the Other Users, the Second Party will not be able to perform such matches as well.

 

(D) Enable the Other Users to view the public Content that the Second Party wishes to share with the Other Users and which is detailed in the Terms and Conditions Document set forth in the Agreement.

 

(E) Use the genetic results of the Second Party in the Website statistics, without using any personal information, the Second Party's User Account information, raw Genetic Information data, other information and information obtained by the party through the use of the Services via tracking technology that was previously detailed is in Clause (Fourth) of this Statement, and the country and city shall be excluded from all of the above.

 

2-    Information Shared by the First Party with its Associated, Owned and Affiliated Entities:

 

The First Party shall not share any of the personal information, User Account information, Genetic Information, other information of the Second Party, and information obtained by the First Party through the use of Services via tracking technology, which was previously detailed in Clause (Fourth) of this Statement, at all except with entities affiliated to and owned by the First Party exclusively, as well as the Website Platforms such as the smart phone application of First Party.

 

However, in the event that the First Party merges with any legal entity or transfers its rights to it, the new entity that becomes the owner of the First Party has right to obtain this information in accordance with the provisions of this Privacy Statement, and it shall be an obligation for the new administration to notify the Second Party and the rest of the users of any change in the Privacy Policy.

 

3-    Information Shared by the First Party with its Partners, Agents and Subcontractors:

 

The First Party shall resort to some companies in order to complete the provision of Services to the Second Party and allow the Second Party to use them to the fullest extent, and such companies include credit card processing and electronic payment service providers, shipping companies that transport and deliver tools for taking DNA Samples, cloud service infrastructure providers, electronic protection and cyber security providers, legal advisors, financial accountants, subcontractors that the First Party may use in DNA extraction, profiling, reading, analysis, archiving and storage, and marketing and member support companies.

 

The First Party shall not share any of the Second Party's information with such parties except to the extent necessary for these parties to perform the work entrusted to them, and in all cases, the First Party shall seek to withhold the personal information of the Second Party from its partners, agents and subcontractors whenever possible.

 

Further, the First Party shall in all cases and as much as possible choose legal, reliable, safe and reputable entities that follow the highest standards in the field of security, privacy and quality, from among these parties. The First Party shall ask them to maintain the security of the information, of any kind, the First Party shares with them and to deal with it in accordance with the law. They shall not use the personal information of the Second Party and the rest of the users for their own purposes and shall only be allowed to process it for specific purposes and as determined by the First Party.

 

4-    Information Shared by the First Party with the Official Authorities for Law Enforcement Purposes:

 

The First Party shall deal with all the information it receives from the Second Party as well as the results it obtains through examinations, analysis, interpretation, research ... etc. as private and confidential secrets that may not be disclosed unless otherwise stated in this Statement. However, the First Party shall be aware of its legal obligation in this regard, which is to be subject to the provisions of applicable laws and judicial orders and not to violate them. Therefore, the First Party shall follow the following:

 

(A) The service of creating User Accounts shall not be made available to law enforcement agencies on its Website and Website platforms in any way.

 

(B) In the event that any official or unofficial entity desires to obtain any of the information, the First Party shall not provide it directly, as this shall only be for the authorities with official jurisdiction in accordance with the provisions set forth in the following paragraph.

 

(C) In the event that the authorities with jurisdiction wish to obtain any of the information, the First Party shall not disclose any of it except with a legal and reasoned judicial permission issued by the competent judicial authorities, and such disclosure shall only be to the extent indicated in such permission and in the manner indicated by the applicable law. In the event the it is necessary to disclose such information, the First Party shall make every effort to provide the concerned Second Party with a notification of the content of the action taken unless the applicable law prohibits it.

 

Sixth: Information Shared by the Second Party with Other Users or Third Parties:

 

1-    Regarding the Second Party's Sharing of its Information:

 

Taking into account the intellectual property rights and copyrights acquired by the First Party and as detailed in the terms and conditions of the Agreement without violating them, the Second Party has the right to share its genetic results and any of its information with Other Users of the First Party or with any third party whatsoever, whether through the Website and Website Platforms of the First Party or in another place outside the Services provided by the First Party, including for example, forums and social networking websites, as well as with relatives, friends and others, all for legitimate purposes and in compliance with the terms and conditions and this Privacy Statement and in a manner that does not constitute a violation of the rights of third parties whatsoever.

 

However, the First Party shall urge the Second Party to be careful when sharing and disclosing such information to any third party whatsoever, make these choices carefully and to review the privacy policies of the other parties involved in the transaction. The First Party shall also note that in the event of disclosing this information to a third party, such third party might not use this information in same manner as the First Party do in accordance with the provisions of this Privacy Statement, and it may also be difficult to contain or retrieve this data after its disclosure.

 

Therefore, the First Party shall not bear any responsibility for any direct or indirect consequences that may result from this disclosure, and in the event of any damage to the First Party or its Other Users, the First Party or its Other Users have the right to recourse against the Second Party or the party causing such damage for the necessary compensation.

 

2-    Regarding the Second Party's or Third Party's Sharing of Information Related to Other Users or Third Parties:

 

The Second Party, Other Users or third parties may not share the information of other users with third parties if this is not authorized by the person concerned; however, each user who presents or shares any of this information with third parties or allows third parties to access it in any way whatsoever, shall bear the responsibility and consequences if it is used by a third party, and the First Party shall not be liable for that, even if it results in harm.

 

Seventh: Regarding the Use of Information for Scientific Research of Third Parties:

None of the information detailed in Clause (Fourth) of this Statement shall ever be used in medical, health, forensic, legal or other studies and research conducted by third parties.

 

Eighth: Regarding the Termination of User Account, Deletion of all its Information, and Destruction of Samples:

 

1-    Termination of User Account and Deletion of all Information and Results:

 

The Second Party has the right, at any time, to request the First Party to permanently suspend its User Account, remove its results, delete all information associated with it, or destroy Digital and Abstract Genetic Information, including documents, certificates and photos.

 

This shall be through an express request sent to (info@dnaandus.com), and in the event that such request is finally approved, this shall be done in accordance with the request submitted by the Second Party within a reasonable period. Once the removal or deletion process is completed, neither the First Party nor the Second Party shall be able to restore it at all, except through requesting a new service with new fees and expenses.

 

However, if the Second Party has shared or disclosed some information as described in Clause (Sixth) of this Statement, the First Party will not have the ability to delete any copies of the information that may have been disclosed to Other Users or third parties, and the Second Party will also not be obligated to delete them from the activity feed.

 

This deletion shall not include the information shared by the First Party with the parties set out in Clause (Fifth) of this Statement, whenever the First Party had shared it before the request for termination or deletion was received. However, the First Party will not be able to re-share it after the date of confirming the termination or deletion request.

 

2-    Destruction of DNA Samples or What Remains of Them:

 

The Second Party has the right, at any time, to request the First Party to destroy its DNA Sample or what remains of it.

 

This shall be through an express request sent to (info@dnaandus.com), and in the event that such request is finally approved, this shall be done in accordance with the request submitted by the Second Party within a reasonable period. Once the destruction process is completed, neither the First Party nor the Second Party shall be able to restore it at all, except through requesting a new service and uploading new samples with new fees and expenses.

 

The First Party shall make every effort to ask the parties with which the First Party may have shared the information described in Clause (Fifth/3) of this Statement to delete and destroy such information by an official mail submitted by the First Party. However, the First Party shall not guarantee that these parties will delete and destroy such information in the form set forth in this Statement, and thus the Second Party, by agreeing to this Statement and the terms and conditions set forth in the Agreement, shall exempt the First Party from any responsibility for any consequences that may result from that, whether directly or indirectly.

 

3-    Subject to the provisions of Clauses (Eighth/1) and (Eighth/2) of this Statement: The First Party has the right to retain limited information as reasonably necessary for the purposes of dispute resolution, fraud prevention, compliance with legal obligations, and compliance for accounting and auditing purposes.

 

Ninth: Modifying the Provisions of this Statement:

 

The First Party shall reserve the right to add to, delete, modify, supplement or change any of the provisions of this Privacy Statement, including the clauses, paragraphs, or other parts included therein or related thereto, and the enforcement of these provisions shall commence from the date of their publication on the Website or the Website Platforms, whether published on the Privacy Statement page or attached to the relevant service.

 

The Second Party's continuation of obtaining or using the Services shall constitute its approval to such addition, deletion, modification, supplement or change, and its acceptance of being subject to their provisions.

 

Tenth: Regarding the Validity of the Provisions of this Statement:

 

All provisions set forth in this Statement shall be considered an integral part of the terms and conditions contained in the Agreement. None of the Services provided by the First Party may be obtained or used unless their terms are approved and accepted. Whoever obtains or uses any of the services provided by the First Party in any way whatsoever, whether through the Website or the Website Platforms, or externally uses them in another real or virtual place, shall be deemed to agree to and be subject to this Statement. In the event that any person logs into its User Account that is created by another person acting on his/her behalf, upon using the Account, it shall be deemed to agree to what is stated in this Statement.