- Legal Notice
- Genetic Data Protection
- General Terms and Conditions
(IDENTIFICATION OF THE SERVICE PROVIDER)
In compliance with the duty of general information contained in art. 10 of Law 34/2002 of July 11, 2002, of services of the information society and electronic commerce, we proceed to provide the identification data of the service provider offered through this website:
Owner of the website: “THE DNA PROJECT, S.L.”, which in this website operates under the trade name “ANCESTRUM”.
Address: Paseo de la Castellana, n.º 95, 28th floor, Madrid (C. P. 28046)
E-mail address: [email protected]
Telephone: +34 910 059 099
Data Protection Delegate: [email protected]
Details of its registration in the Mercantile Registry: Mercantile Registry of Madrid, Volume 42954, Folio 1, Page M-759273.
Tax Identification Number: B-02884526
Prices: the prices of the products and services offered by “THE DNA PROJECT, S.L.” under the trade name “ANCESTRUM” are listed on the company’s website, https://ancestrum.com, duly complying with the legal requirements of permanent, easy, direct and free access.
The translated version of this document has been prepared for information purposes only and has no legal value, so that the only legally binding version of this agreement is the one drafted in Spanish, which can be consulted at https://ancestrum.com/legal-es/#section|0
“THE DNA PROJECT, S.L.” (hereinafter, DNA Project) is the owner of the website www.ancestrum.com, in which it operates under the trade name “ANCESTRUM”, and is devoted to carry out DNA tests and genetic reports which it commercializes, under the brand “Ancestrum”, both at retail, through direct sale to final consumers, and through its own network of distributors.
Access to this website is the sole responsibility of the user.
Their observance and compliance shall be enforceable against any person accessing, browsing or using the website.
If you do not agree with the terms set forth, do not access, browse or use the same.
II. PURPOSE OF THIS DOCUMENT AND ITS MODIFICATION
The present document regulates the access, navigation and use of the website, without prejudice that DNA Project reserves the right to modify the conditions required for its access or use, without prior notice.
Modifications to the terms and conditions of the present document will be published in the same form in which it appears or through any type of communication addressed to the users.
The temporary validity of this document coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified document will become effective.
Access, navigation and use of the website after the entry into force of the modifications or changes imply acceptance.
III. ATTENTION TO THE USER
DNA Project (for its identification, please refer to the LEGAL NOTICE), as responsible for the website, provides users with a USER SERVICE, available from Monday to Friday, from 9 am to 6 pm, in which it will give due attention to all queries, complaints and suggestions raised in relation to the provision of such service.
Specifically, the communication channel will be through the following e-mail address: [email protected]
DNA Project will respond to complaints or queries received as soon as possible.
IV. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OVER THE WEBSITE AND ITS CONTENT
DNA Project is the owner or, in its case, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the website, as well as of all the contents offered in it, including, but not limited to, the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or contents and services available through it.
Under no circumstances shall it be understood that the access, browsing and use of the website by the user implies a waiver, transmission, license or total or partial transfer of such rights by DNA Project. By accessing the website, the user acquires the right to use the contents and/or services of the website within a domestic scope and only for the purpose of enjoying the services provided in accordance with the present document.
References to trademarks or trade names or other distinctive signs, whether owned by DNA Project or third parties, imply the prohibition of their use without the consent of DNA Project or their legitimate owners. At no time, unless expressly stated otherwise in writing by DNA Project, the access, browsing or use of the website or its contents shall grant the user any right over the distinctive signs included in it.
All intellectual and industrial property rights over the contents of the website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, make available, transform or distribute, by any means and under any form, all or part of the contents included in the website, for public or commercial purposes, without previous, express and written authorization from DNA Project or, if applicable, from the owner of the corresponding rights.
Likewise, it is forbidden to delete or manipulate the copyright indications or other credits that identify the holders of rights of the website contents, as well as the technical protection devices, digital fingerprints, or any other protection mechanism or information included in them.
A) Hyperlinks to DNA Project’s website in other platforms and websites or social networks.
The establishment of a hyperlink does not imply in any case the existence of a relationship between DNA Project and the owner of the website where it is established, nor the acceptance and approval by DNA Project of its contents or services.
Users and, in general, those who intend to establish hyperlinks between their website and this website must observe the following rules:
1st) DNA Project’s prior authorization shall not be required when the hyperlink only allows access to the home page, so that it does not reproduce it in any way. Any other form of hyperlink shall require DNA Project’s written authorization.
2ª) Hyperlinks from pages containing themes, names, materials, information or contents which are illegal, illicit, defamatory, or contrary to morality or generally accepted good customs or public order, or which infringe any third party rights, are forbidden.
3rd) No frames shall be created with this web page or on this web page.
4th) No false, inaccurate or offensive statements or indications shall be made about this website or the contents supplied by it, nor about DNA Project, its directors, employees, collaborators or persons related to the website for any reason, nor about its users.
5ª) It shall not be stated or implied that DNA Project has authorized the hyperlink, or that it has supervised or assumed in any way the contents offered or made available by the website where the hyperlink is established.
6ª) Except for those signs which are part of the hyperlink itself, the web page where the hyperlink is established shall not contain any trademark, commercial name, denomination, logo, slogan or any other distinctive signs belonging to DNA Project. Consequently, the hyperlink may only contain what is strictly necessary to identify the destination of the hyperlink.
Furthermore, DNA Project itself may make available to users, through different tools and applications, links that allow users to access the website from different pages. The inclusion of these links has the sole purpose of facilitating the access to the website.
The establishment of these links does not imply the existence of any relationship between DNA Project and the owner, manufacturer or distributor of the platform where the link is located, nor the acceptance and approval by DNA Project of the contents or services in the platforms that redirect, being the owner, manufacturer or distributor the only responsible for them.
The activation and use of these links may entail the identification and authentication of the user (by means of login or password) in the corresponding platforms, completely external to the website and out of DNA Project’s control. By accessing external networks, the user enters an environment not controlled by DNA Project, so DNA Project will not assume any responsibility for the security configuration of those environments.
Since DNA Project has no control over the content hosted in those channels, the user acknowledges and accepts that DNA Project does not assume any responsibility for the content or services that the user may access in those pages, nor for any content, products, services, advertising, or any other material available in those pages. For this reason, the user must exercise extreme caution in the evaluation and use of the information, contents and services existing in the linked channels, and on the information of the user or third parties that he/she wants to share in those channels.
B) Hyperlinks established in DNA Project’s website to other websites
The website may show links to other websites by means of different buttons, links, banners, embedded contents, etc.
DNA Project informs that these web pages are directly managed by third parties, so that DNA Project has no power or means, neither human nor technical, to know in advance, control or approve all the information, contents, products or services provided by other platforms to which links can be established from the website.
Consequently, DNA Project cannot assume any kind of responsibility for any aspect related to any platform or web page to which a link may be established from the website. In particular, and by way of example and not limitation, DNA Project shall not assume any responsibility for its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general; nor for viruses or other harmful elements that may cause alterations in the user’s computer system, or in its documents or files.
If the users have effective knowledge that the activities developed through these third party websites are illegal or contravene morality and/or public order, they shall immediately inform DNA Project in order to proceed to disable the access link to them.
In any case, the establishment of any kind of link from the website to another website does not imply any kind of relationship, collaboration or dependence between DNA Project and the responsible of the third party website.
Such hyperlinks do not constitute any suggestion or recommendation by DNA Project.
VI. RULES OF USE OF THE WEB PAGE
The user undertakes to make correct use of the page and its contents in accordance with the provisions of current legislation and this document, as well as in accordance with the rules of coexistence, morality and generally accepted good customs, and in accordance with the notices and instructions that are brought to his knowledge, either through this document or through any other place within the contents that make up the page.
Consequently, it is not permitted (and, therefore, the consequences will be the sole responsibility of the user) to access or use the website for illegal or unauthorized purposes, whether or not they have an economic purpose.
In particular, and without the following list being exhaustive, but merely illustrative, it is forbidden:
– Use the website, and any of its contents, for purposes or with effects that are unlawful, prohibited by this document or by current legislation.
– Use the website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party.
– Use the website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files
– Use the website in a way that constitutes an infringement of the rights of DNA Project or any third party, or that may cause -directly or indirectly- any kind of damage or harm.
– Use the website to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic, obscene or threatening nature, or that may cause annoyance to any person.
– Use the website in an illegal manner, against good faith, morality and public order.
– Accessing or interacting with the website under a false identity, impersonating a third party, using a profile or performing any other action that may lead to confusion as to the identity of the origin of a message
– Unauthorized access to any section of the website, to other systems or networks connected to it, to any DNA Project server, by hacking or forgery, password mining or any other illegitimate means.
– Breach, or attempt to breach, the security or authentication measures of the website or any network connected to the website, or the security or protection measures inherent in the content hosted on the website
– Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the website or DNA Project’s systems or networks, as well as in the systems and networks connected to the website; and
– Entering data that is manifestly false.
The breach of any of the above obligations by the user may lead to the adoption by DNA Project of the appropriate measures protected by law and in the exercise of its rights or obligations, and may lead to the deletion or blocking of the account of the offending user, without the possibility of any compensation to the user for the possible damages caused.
DNA Project reserves the right to remove all those contents, contributions or comments which are contrary to the law, moral or public order, including, but not limited to, those which violate the dignity of the person, are discriminatory, racist, xenophobic, against youth or childhood, pornographic or against public safety.
In any case, DNA Project will not be responsible for the opinions expressed by users through forums, chats or other participation tools.
VII. RESPONSIBILITY AND WARRANTIES
DNA Project declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the proper functioning of the website and to minimize system errors, both from a technical point of view and from the point of view of the published contents, as well as to avoid the existence and transmission of viruses and other harmful components for the users’ computer systems.
But, in any case, DNA Project cannot guarantee or be held responsible for:
– the complete truthfulness, accuracy, reliability, usefulness and timeliness of absolutely all the contents of the website;
– the availability and continuity of the website operation, that is to say, the inexistence of interruptions or errors in the access to the website;
– the failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the portal during the provision of the same one or with previous character; neither of
– the absence of viruses, worms or any other harmful computer element (the user is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs).
Consequently, and by way of recapitulation, DNA Project does not guarantee and is not responsible for: (i) the continuity of the website’s operation, the availability of access to it and the good quality of its operation; (ii) the absence of errors in the website’s contents; (iii) the absence of viruses or other harmful elements in the website or in the server that supplies it; (iv) the invulnerability of the website or the impossibility to breach the security measures adopted for it; (v) the lack of usefulness or performance of the contents of the website; (vi) the damages caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions established by DNA Project; and (vi) the fulfillment of the expectation of usefulness that the users may have attributed to the website and its contents.
DNA Project reserves the right to make, at any time, as many changes and modifications as it deems convenient and necessary for the website, without previous notice.
VIII. SUSPENSION OF THE WEBSITE AS A SANCTION
DNA Project reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting or downloading of the contents or use of services of the website, with or without previous notice, to the users who contravene any of the provisions detailed in this document, without the possibility for the user to demand any compensation for this reason.
IX. MODIFICATION OF THE WEBSITE AND ITS DURATION
DNA Project reserves the right to modify the presentation, configuration and content of the website, without prior notice.
Likewise, DNA Project may terminate, suspend or interrupt, at any time and without prior notice, the access to the contents of the website, without the possibility for the user to demand any compensation. After such termination, the prohibitions of use of the contents previously stated in this document shall remain in force.
X. NULLITY OF THE CLAUSES
In the event that any provision of this document is declared null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of this document.
For any questions that may arise regarding the interpretation, application and compliance with these CONDITIONS OF USE of the website, as well as for the resolution of any litigation arising from or related to the website, DNA Project and the users submit themselves to the Courts and Tribunals of the city of Madrid (Spain), expressly waiving any other jurisdiction to which they may be entitled.
XII. APPLICABLE LAW
XIII. CONTACT ADDRESS
Headquarters of “THE DNA PROJECT, S.L.”: Paseo de la Castellana, n.º 95, 28th floor, Madrid (C. P. 28046).
E-mail address: [email protected]
Telephone support: +34 910 059 099
The translated version of this document has been prepared for information purposes only and has no legal value, so that the only legally binding version of this agreement is the one drafted in Spanish, which can be consulted at https://ancestrum.com/legal-es/#section|1
This document refers exclusively to general personal data, since the specific protection of genetic data is dealt with in the document “PROTECTION OF GENETIC DATA”, which is also displayed on the website.
“THE DNA PROJECT, S.L.” (hereinafter, DNA Project), which is the owner of the website www.ancestrum.com, in which it operates under the trade name and brand of “ANCESTRUM”, undertakes to ensure that your personal information is protected and is not misused, strictly subject to the provisions of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and other regulations in force.
First, in DNA Project there is a DATA PROTECTION DELEGATE (hereinafter, the DPD), who is in charge of ensuring strict compliance with all data protection regulations, advising us and supervising all the processing we carry out. In addition, the DPD is at your disposal to answer any questions related to the processing of your personal data.
Secondly, at DNA Project we take all necessary measures to prevent cyber-attacks. However, if a breach in our security affecting your personal data were to occur, we would immediately inform the SPANISH DATA PROTECTION AGENCY to help us manage the incident, and you yourself, if the situation is serious. In any case, we believe that the most effective and definitive measure against this risk is not to have in our website the genetic data of our clients, so that if we suffer a cyber-attack, no trace of such data could be found.
Thirdly, DNA Project entrusts the full performance of the service offered through this website to our collaborating entity “24GENETICS, S.L.” (hereinafter, 24Genetics), so that 24Genetics will have access to your personal data exclusively in order to carry out its work. In any case, we guarantee that 24Genetics strictly complies with data protection regulations. And the same applies to DNA Project’s and 24Genetics’ collaborating companies, which are contracted by DNA Project and 24Genetics in order to provide the requested service (for example, courier companies or external suppliers that help them with different issues related to the service).
Fourth, if the service you contract requires the shipment of a DNA sample, we inform you that from the moment it arrives, it becomes coded, so that the biological sample is subjected to a coding or dissociation process: your personal data will not be associated with the sample because the information that identifies you will be replaced or unlinked through the system of using a unique bar code. This will only allow duly authorized DNA Project and 24Genetics personnel to link the saliva sample, and the genetic information derived from it, to your ANCESTRUM customer account, so that only such duly authorized DNA Project and 24Genetics personnel will have access to the relationship between your biological sample, your DNA and information obtained from its processing, and the code assigned in each case. And, in any case, DNA Project and 24Genetics personnel accessing your genetic data in the performance of their duties will be subject to a permanent duty of secrecy.
Accordingly, only duly authorized DNA Project and 24Genetics personnel will have access to your personal data and the results of your genetic tests. And only with your express written consent may such data be disclosed to third parties.
By providing us with your personal information and using our website, we understand that you have read and understood the terms related to personal data protection information that are exposed, giving your consent to that effect.
DNA Project undertakes to comply with the current legislation on data protection, both national and European, with the sole purpose of processing your data in a lawful, fair and transparent manner.
I. ORIGIN OF THE PERSONAL DATA PROCESSED
The personal data we process comes from the data subject.
II. IDENTITY AND CONTACT DETAILS OF THE PERSON RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA
In accordance with the provisions of art. 11 of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and other regulations in force in this regard, we inform you that the personal data that you may provide during the use of the website www.ancestrum.com (hereinafter, the website) will be treated, as PERSON RESPONSIBLE FOR THE TREATMENT, by “THE DNA PROJECT, S.L.” (hereinafter, DNA Project), with address in Madrid, Paseo de la Castellana, n.º 95, Planta 28 (C.P. 28046), holder of Tax Identification Number B-8693812 and registered in the Mercantile Registry of Madrid in Volume 42954, Folio 1, Sheet M-759273; and with e-mail address [email protected]
III. CONTACT DETAILS OF THE DATA PROTECTION OFFICER
As we have already mentioned, DNA Project has appointed a DATA PROTECTION DELEGATE (hereinafter, the DPO), in charge of ensuring that your data are treated properly. In addition, if you wish to make a comment, make a suggestion or ask any kind of question regarding the use we make of your personal information, you can contact him/her by sending an e-mail to the following address: [email protected]
IV. PURPOSES OF THE PROCESSING FOR WHICH THE PERSONAL DATA IS USED AND BASIC DATA COLLECTED
The main reason why we collect your personal information is to facilitate and improve the service we provide you.
This main reason is divided into six other more specific purposes for which we collect your personal data, which are as follows:
1.ª) To manage the creation of a user account: to enjoy the service it is necessary for the applicant to create an account and identify himself as a user, since the account allows the telematic processing of both the contracting of the service and the payments derived from the provision of such service. In any case, through the section “My account”, included in the heading “Login” in the top menu of the web, you can modify at any time the personal data you have provided;
2.ª) Manage the Help Center: the purpose of this is to offer you the best possible attention and assistance because, through it and at any time, you can raise all your doubts, comments, suggestions or incidents related to the service we provide. It allows, consequently, to analyze the requests for information, suggestions and complaints from customers for their management and resolution.
3.ª) To carry out marketing actions: we will use your personal data to send you news, products and promotions related to Ancestrum. However, you may unsubscribe from such communications at any time. To do so, simply click on the “Unsubscribe” link contained in any of the communications.
4th) Improving the service: in DNA Project we are constantly working on improving the application and the website, and for this reason, we carry out tests, research and analytical studies, and develop new products that end up improving the quality of the service. But it happens that such work often requires the use of personal user data. Therefore, this data allows us to optimize the website, make it more functional and adapt it to your needs.
5th) Prevent fraud: the processing of users’ personal data is also necessary to prevent potential fraud against them and against DNA Project, making it possible to implement measures that make our Platform a safe place.
6th) Consult the user’s opinion about Ancestrum: it is very useful for us to know what your opinion about Ancestrum is in order to be able to make strategic decisions that make us a company aligned with the interests and concerns of our users. Therefore, at times we may ask you to respond to a simple survey to find out what your perception of us is. However, please note that we are only interested in knowing the opinion of our users in a strictly statistical way. Therefore, when we receive your opinion, we will anonymize it, that is to say, your answers will only be associated with a code. Subsequently, we will deliver the anonymized information to the entity that helps us to carry out these studies to proceed to analyze it along with the opinions of many other users, and thus can develop a statistical study on the image and perception that users have about Ancestrum. Of course, you don’t have to give us your opinion if you don’t want to.
In order to be even more precise, we will now list the fundamental data that we collect from the user, expressing the specific purposes we pursue with their treatment:
– E-mail: through it we can communicate with the user and keep him/her informed of news and updates of the website. In any case, the user always has the possibility to unsubscribe, from your user profile, both in the receipt of the generality of our emails and exclusively in certain communications.
– Name and surname or company name, as well as NIF: with these data we can invoice our services. This is also to enable us to duly comply with all legal (e.g. those resulting from Law 10/2010 on the prevention of money laundering and terrorist financing) and tax obligations that apply to such payments.
– Postal, fiscal and, where appropriate, social address: its processing is essential for tax and logistical purposes.
– Contact telephone number: it is convenient in order to have a better communication and, thus, to be able to offer a personalized attention.
– Payment data: this data is necessary to carry out transactions involving our services.
In this regard, it should be noted that the means of payment we use are as follows:
– Tracking ID, using tracking software: Generally, each of our users is assigned a tracking ID that helps us understand how you behave when you browse our site. This data helps us to improve our user experience and is not used for any other purpose.
– KIT number: this is the label that the client will stick on the DNA sample (if the contracted service requires it to be sent), as well as on the documents to be sent to us and which the user keeps for himself/herself.
– Order number: this is the number with which we identify each of the user’s orders.
V. LEGAL BASIS FOR THE PROCESSING
The processing of the user’s data by DNA Project is based on the consent given by the user for this purpose. This consent may be withdrawn by the interested party at any time, although, in the event of revocation, such revocation will not affect the lawfulness of the processing previously carried out.
It is also legally based on the fact that the processing is necessary for the performance of the contract you sign.
And finally, that the processing is also necessary for the satisfaction of legitimate interests pursued by DNA Project.
Regarding this last legal basis, we proceed to specify which are the legitimate interests of DNA Project, depending on the purpose pursued:
1st) To provide the Service: the use of your personal data is necessary to execute the contract between you and DNA Project. Otherwise, you would not be able to use the service.
2nd) To carry out marketing activities: we will use your personal data to send you news, offers and promotions based on your profile, but only if you have given us your consent for this purpose. The communications we send you may be sent by email, SMS, apps, etc. Remember, in any case, that you can ask us at any time to stop sending you these personalized communications.
3rd) Improve our service: we consider that DNA Project has a legitimate interest in carrying out tests, research and analytical studies that improve the quality of our service, allow us to make it more functional and adapt it to your needs. In our opinion, this treatment also benefits you directly, since you will be able to enjoy a service that meets your needs more accurately.
4th) Fraud prevention: we also understand that DNA Project has a legitimate interest in trying to prevent potential fraud related to the service. This treatment is positive for DNA Project and also for you, since it will allow us to use procedures that try to avoid fraudulent uses of the service.
5th) To consult your opinion about Ancestrum: we believe that we have a legitimate interest to know your perception about Ancestrum, as it will allow us to make strategic decisions that are adapted to the needs and concerns of all our users.
VI. RECIPIENTS OF PERSONAL DATA (COMMUNICATION OF USER DATA)
The personal data provided by the user will not be communicated to third parties, unless it is necessary for the provision of the requested service or when the user has expressly accepted its communication.
Regarding the first circumstance, it is necessary to communicate the information provided by the user to 24Genetics, as this is the collaborating entity of DNA Project, which is in charge of the complete performance of the service offered through this website. Consequently, the latter will have access to your personal data exclusively in order to carry out its work. The same applies to those companies collaborating with DNA Project and 24Genetics that are contracted by the latter in order to provide you with the requested service (for example, courier companies or external suppliers that help you with different issues related to the service).
These third parties only have access to the personal information they strictly need in order to carry out their collaboration. Therefore, the volume and type of personal data we share with them is limited to what is absolutely necessary. In any case, we ensure that they perform in a confidential and fair manner, and in full compliance with applicable data protection regulations. To this end, we require them to enter into specific agreements with us governing their use of users’ personal data.
VII. CRITERIA USED TO DETERMINE THE PERIOD OF RETENTION OF PERSONAL DATA
We only store your personal information to the extent that we need it, in order to use it for the purpose for which it was collected, and always in accordance with the legal basis for the processing thereof, in accordance with applicable law.
In any case, if you exercise your right of deletion and/or limitation of the processing of your data, DNA Project will keep the information duly blocked, without giving it any use, while it may be necessary for the exercise of claims or for the defense against them, or may derive some kind of judicial, legal or contractual liability for its processing, which must be addressed, and for which its recovery is necessary.
In addition, and as already mentioned, the period of conservation of your personal data depends on each of the purposes for which we use them. Next, we will tell you for how long or until what time we will keep your data in relation to each of the purposes outlined above:
1.º) Provision of the service: we will use your personal data until you decide to stop using our service, for which you must delete your user account. As long as you do not unsubscribe, we will continue to process your personal data for this purpose. Please note that if there is any unresolved issue related to the service, we will try to resolve it before you can unsubscribe.
2.ª) Marketing actions: we will use your personal data until you ask us to stop doing so, regardless of whether you continue to use our service or have unsubscribed. Please note that you can ask us to stop sending you personalized news, offers and promotions at any time: simply click on the “Unsubscribe” link contained in any of our communications.
3rd) Service improvement and feedback on Ancestrum: we will use your personal data until you decide to stop using our service, for which you must delete your user account. As long as you do not unsubscribe, we will continue to process your personal data for this purpose.
4th) Fraud prevention: as in the previous case, we will use your personal data until you decide to stop using our service, for which you must also delete your user account. As long as you do not unsubscribe, we will also continue to process your personal data for this purpose.
VIII. USER’S RIGHTS REGARDING DATA PROTECTION
The user may send an e-mail to [email protected], enclosing a photocopy of his/her ID card or other document proving his/her identity, at any time and free of charge (unless the request is manifestly unfounded or excessive), to exercise the following rights:
Right of access: the right to obtain from the data controller confirmation of whether or not personal data concerning him/her are being processed and, if so, the right to obtain information on his/her specific personal data processed and on all the matters referred to in the preceding paragraphs.
Right of rectification: the right to correct and complete inaccurate and incomplete personal data.
Right to erasure: the right to obtain without undue delay from the data controller the erasure of personal data concerning him/her, provided that any of the circumstances provided for in the data protection regulations apply (including that the data subject withdraws the consent that legitimated the processing of such data, and such consent is not based on any other legal basis).
Right to restriction of processing: the right to obtain from the controller the restriction of data processing when one of the conditions provided for in the data protection regulations is met (among others, when the data subject contests the accuracy of his or her personal data, for a period of time that allows the controller to verify the accuracy of the data).
Right to object: the right to object at any time, on grounds relating to his or her particular situation, to the processing of his or her personal data by the controller in the following cases: where his or her data are processed on the basis of a public interest mission or legitimate interest, including profiling; and where the purpose of the processing is direct marketing, including also the aforementioned profiling.
Right to portability: the right to receive personal data concerning him/her, which he/she has provided to a controller, in a structured, commonly used and machine-readable format, and to transmit it to another controller without being prevented from doing so by the controller to whom he/she has provided it, provided that the processing is legitimate on the basis of his/her consent or within the framework of the performance of a contract. However, this right, by its very nature, does not apply where the processing is necessary for the performance of a task carried out in the public interest or for the exercise of official authority vested in the controller.
Right to file a complaint with a supervisory authority: you may file a complaint with the SPANISH DATA PROTECTION AGENCY, especially when you are not satisfied with DNA Project’s response to the exercise of your rights.
IX. VOLUNTARINESS OF THE PROVISION OF PERSONAL INFORMATION
Visiting the website does not imply that the user is obliged to provide any information about himself/herself. However, the possibility of using some of the services available on the website depends on the completion of forms that require personal information.
The data requested in the different forms on the website are those necessary to provide the requested services. The refusal to provide them may result in the impossibility of adequately providing such services.
Likewise, certain functionalities of the web depend on you authorizing the processing of your personal data.
X. USER RESPONSIBILITY
The user will be responsible for ensuring that the data provided to DNA Project are true, accurate, complete and updated. To this effect, the user will be responsible for the veracity of all the data provided and will have to keep the information provided duly updated, so that it corresponds to his/her real situation.
Likewise, the user shall be liable for any false or inaccurate information provided through the website, and for any damages, direct or indirect, caused to DNA Project or third parties.
XI. PROTECTION OF PERSONAL DATA PROVIDED
DNA Project will treat the user’s data at all times with absolute confidentiality and keeping the mandatory duty of secrecy regarding them, in accordance with the provisions of the applicable regulations, and adopting for this purpose the necessary technical and organizational measures to guarantee the security of your data and avoid its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.
The translated version of this document has been prepared for information purposes only and has no legal value, so that the only legally binding version of this agreement is the one drafted in Spanish, which can be consulted at https://ancestrum.com/legal-es/#section|2
GENETIC DATA PROTECTION
Having made this fundamental commitment, in this document we will inform you about the place where your DNA analysis will be performed (if you have contracted this service), the identity of the persons who will have access to your results (if any) or to your genetic data (if you have already directly provided a RAW DATA with your genetic data), the destination of your biological sample at the end of the analysis (if any), the storage of your genetic data and the use of such data, and the exceptional transfer of your genetic information to your biological relatives.
By contracting DNA Project’s services, we understand that you have read and understood the terms related to genetic data protection information, giving your consent to that effect.
I. PLACE WHERE THE GENETIC ANALYSIS WILL BE PERFORMED (IF APPLICABLE)
In case of contracting a service that includes genetic analysis, this will be performed in a laboratory located in Denmark, Smedeskovvej, n.º 38, Galten, 8464; the specific exome analysis will be performed in a laboratory located in Lugo, c/ María Barbeito, n.º 61, PARQUE EMPRESARIAL AS GANDARAS; and, finally, the also specific genome analysis will be performed in a laboratory located in Granada, Plaza Ciudad de los Cármenes, n.º 3-Bajo.
All three are laboratories associated to 24Genetics, which is the collaborating entity of DNA Project to which we entrust the full performance of the service offered through this website, and all three are also centers that meet all the quality requirements and have qualified personnel for this purpose.
These laboratories will not search your sample for any other agent, marker or biological or chemical component other than your DNA: they will process your sample for the sole purpose of determining your genetic information.
II. IDENTIFICATION OF THE PERSONS WHO WILL HAVE ACCESS TO YOUR RESULTS (IN CASE YOU HAVE CONTRACTED A DNA ANALYSIS) OR TO YOUR GENETIC DATA (IN CASE YOU HAVE ALREADY PROVIDED A RAW DATA WITH YOUR GENETIC DATA).
In the case that the contracted service was a DNA analysis, the laboratory will not be able to know your identity or any of your personal data since the biological sample that is given to you for the analysis will be subject to a codification or dissociation process: your personal data will not be associated to the sample because the information that identifies you will be substituted or unlinked through the system of using a unique bar code. This will only allow duly authorized DNA Project and 24Genetics personnel to link the saliva sample, and the genetic information derived from it, to your Ancestrum customer account, so that only such duly authorized DNA Project and 24Genetics personnel will have access to the relationship between your biological sample, your DNA and information obtained from its processing, and the code assigned in each case. And, in any case, DNA Project and 24Genetics personnel who access your genetic data in the exercise of their functions will be subject to a permanent duty of secrecy.
Consequently, only duly authorized DNA Project and 24Genetics personnel will be able to access your personal data and the results of your genetic tests. And only with your express written consent may such data be disclosed to third parties.
The latter shall also apply in the event that the contracted service has been limited to the preparation of a genetic report on the genetic data provided by you.
III. DESTINATION OF THE BIOLOGICAL SAMPLE AT THE END OF THE ANALYSIS (IF APPLICABLE)
In the event of contracting a service that includes genetic analysis and, therefore, the sending by you of a biological sample, the destination of the sample at the end of the analysis will be its conservation by 24Genetics, becoming part of the collections of biological samples of 24Genetics, and this for the purpose of carrying out genetic research, both immediate and subsequent.
The purpose of such research will be the study of genetic variants that may predispose to the development of a disease or condition the individual’s response to a specific treatment, with the aim of contributing to the improvement of knowledge, prevention and/or treatment; as well as the specification (or its greater precision) of the geographical areas from which it is derived, the nutrigenetic analysis and the analysis of the sport capacities, regarding, among others, the metabolic, muscular and cardiovascular profiles; and also the study of the properties of the skin and of the possible conditions of talent and personality, associated to genetics.
Such investigations will not cause you any additional inconvenience.
The research will be carried out both by 24Genetics’ own personnel and by personnel of other collaborating research institutions, duly authorized by 24Genetics.
You may revoke your consent to the storage and use of your biological sample for genetic research purposes (in order, for example, to have the sample destroyed or anonymized) at any time and without giving any reason, by contacting: Responsible for the Collections of 24Genetics, Paseo de la Castellana, n.º 95, 28th floor, Madrid, C. P. 28046, tlf. +34 910 059 099. Such revocation shall not extend to data resulting from research that has already been carried out.
You have the right to know the genetic data obtained from the analysis of the donated samples.
Your biological sample will be subject to a coding or dissociation process: your personal data will not be associated with the sample because the information that identifies you will be replaced or unlinked by using a unique barcode system. This will only allow duly authorized DNA Project and 24Genetics personnel to link the saliva sample, and the genetic information derived from it, to your Ancestrum customer account, so that only such duly authorized DNA Project and 24Genetics personnel will have access to the relationship between your biological sample, your DNA and information obtained from its processing, and the code assigned in each case. And, in any case, DNA Project and 24Genetics personnel who access your personal and genetic data in the performance of their duties will be subject to a permanent duty of secrecy. Consequently, only duly authorized DNA Project and 24Genetics personnel will be able to access your personal data and genetic test results. And only with your express written consent may such data be disclosed to third parties. Otherwise, the protection of your personal data and, more specifically, the protection of your genetic data, are governed by the provisions of the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, and Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and by Law 14/2007, of 3 July, on Biomedical Research, and other regulations in force.
Genetic research carried out on your biological sample may provide information relating to your health. In such a case, you have the right to receive such information under the terms that you yourself determine, including the refusal to receive any type of information, in which case your right to decide not to receive such information, including any unexpected discoveries that may occur and their possible significance for you, will be strictly respected.
Genetic information is generational information, in the sense that it reveals our heritage and is transmitted to our descendants, so we inform you that it would be convenient for you to transmit the information provided by DNA Project to your biological relatives.
In the event that DNA Project needs to contact you (either to collect new data, obtain other samples or for other purposes), DNA Project will use the contact details contained in our database.
The samples you provide are provided free of charge and altruistically, so you will not receive any financial compensation nor will you have any rights over possible commercial benefits obtained as a result of the research carried out.
IV. RETENTION AND USE OF YOUR GENETIC DATA
1. Personal genetic data will be retained by 24Genetics, properly coded (so as to ensure that it cannot be linked to you by third parties because your identifying information has been replaced or unlinked using a code), for a minimum period of five years from the date it was collected (minimum retention period), after which time you may request its deletion.
If no such request is made, the data will be kept, also duly coded, for as long as necessary to preserve your health or that of third parties related to you (maximum retention period).
In both cases (maximum and minimum storage period), and subject to your express consent, your coded genetic data may be used for research and teaching purposes, and the results of the research may also be published.
2. Apart from these cases, the genetic information resulting from the analysis of your DNA will be stored by 24Genetics in its database in an anonymized form, i.e. without your identification as the source subject being possible (by irreversibly dissociating the genetic data from the source subject, so that they cannot be associated with the source subject as an identified or identifiable person), because the link to the source subject has been destroyed, because the link with any information that identifies the subject has been destroyed, or because such association requires an unreasonable effort, understood as the use of a disproportionate amount of time, expense and labor), and this, solely and exclusively, for research and teaching purposes, and to be the subject of publications of the same nature.
Such anonymized data may be used for scientific research or teaching purposes, including publication for the same purpose, either by 24Genetics’ own personnel or by personnel authorized by 24Genetics.
And, likewise, 24Genetics may allow researchers or scientific or educational organizations to use, for scientific research or teaching purposes, such previously anonymized data stored in its database, as well as to publish the results of their research.
The translated version of this document has been prepared for information purposes only and has no legal value, so that the only legally binding version of this agreement is the one drafted in Spanish, which can be consulted at https://ancestrum.com/legal-es/#section|3
I. DEFINITION OF COOKIE
Cookies are files that are downloaded to the computer, tablet, cell phone or any other device of the user of a website when accessing it, storing information about your browsing that can allow, among other utilities, to recognize you as such user when accessing the website again, to know your browsing habits or to customize the way in which the content of the website is shown to you.
The set of cookies of all our users helps us to improve the quality of our website, allowing us to control which pages are useful, which are not and which can be improved.
Cookies are essential for the functioning of the Internet, providing countless advantages in the provision of interactive services and facilitating user navigation and use of our website.
In no case the cookies could damage the user’s equipment. On the contrary, the fact that they are active helps us to identify and resolve errors.
II. TYPES OF COOKIES USED ON THIS WEBSITE
According to their purpose, we distinguish the following:
– Analysis or measurement cookies: those that allow us to quantify the number of users, as well as to analyze the use they make of this website, and this in order to improve the user experience, introducing improvements based on the analysis of such usage data.
– Technical Cookies: those that allow the user to browse this website, and the use of the different options or services that exist in it, including both those used to allow the management and operation of the website and those used to enable its functions and services.
– Preference or personalization cookies: those that allow both to remember information about the user’s browsing habits, so that the user can access the service with certain features that differentiate their experience from those of other users, and to customize the way in which the content of the website is shown.
And according to the entity that manages cookies:
– Own cookies: those that are sent to the user’s device from a computer or domain managed by DNA Project, from which the service requested by the user is provided. The information collected is used to improve the quality of the website and its content, as well as your user experience. These cookies allow us to recognize the user as a recurrent visitor of the website and to adapt the content of the page in order to offer him/her contents according to his/her preferences.
– Third-party cookies: those that are sent to the user’s device from a computer or domain that is not managed by DNA Project, but by another collaborating entity, which processes the data obtained through the cookies. They are cookies used and managed by external entities that provide DNA Project with services requested by it in order to improve the website and the user’s experience when browsing it. The main purposes for which third-party cookies are used are to obtain access statistics and the analysis of browsing information, i.e. how the user interacts with the website. The information obtained refers, for example, to the number of pages visited, language, number of users accessing, frequency and recurrence of visits, time of visit, browser used, or operator or type of device from which the visit is made. This information is used to improve the website and to detect new needs in order to offer users the best quality content and service. In any case, the information is collected anonymously, and reports on website trends are prepared without identifying individual users.
Our partners in this respect are GOOGLE ANALYTICS and GOOGLE ADS.
In the following links you can get more information about the types of cookies used by these third parties, their main features, expiration period, etc.:
Regarding Google Analytics:
And as regards Google Ads:
– Social network cookies (which are also third party cookies): DNA Project incorporates social network plugins, which allow access to these from the website. For this reason, social network cookies may be stored in the user’s browser. The owners of these social networks have their own data protection and cookies policies, being responsible for their own files and privacy practices. The user must go to them to find out about these cookies and, where appropriate, the processing of personal data. Below, we indicate for information purposes the links where you can consult these privacy policies and cookies:
None of the identified cookies are used to create profiles that involve automated decisions with legal effects for the user or that significantly affect him/her.
Through the configuration of your browser, by selecting the corresponding option, the user can allow all cookies or block their use, or accept only some of them, as well as delete, totally or partially, those already installed on your device.
The procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the user should consult the specific instructions provided by the Internet browser he/she is using. In this regard, we provide links to the official support sites of the main Internet browsers so that you can configure your browser in relation to cookies:
– For information on how to manage cookies in Microsoft Edge:
– For information on how to manage cookies in Internet Explorer:
– For information on how to manage cookies in Mozilla Firefox:
The translated version of this document has been prepared for information purposes only and has no legal value, so that the only legally binding version of this agreement is the one drafted in Spanish, which can be consulted at https://ancestrum.com/legal-es/#section|4
GENERAL TERMS AND CONDITIONS
1. IDENTIFICATION OF THE SERVICE PROVIDER
Owner: “THE DNA PROJECT, S.L.”, which in this website operates under the trade name “ANCESTRUM”.
Offices: Paseo de la Castellana, n.º 95, 28th floor, Madrid (C. P. 28046)
Telephone: +34 910 059 099
E-mail: info[email protected]
Data Protection Delegate: [email protected]
2. PURPOSE OF THE DOCUMENT
This document establishes the general contracting conditions that regulate the provision by “THE DNA PROJECT, S.L.” (hereinafter, DNA Project) of the genetic analysis services offered by it under the trade name “ANCESTRUM” and through the website located at the URL: https://ancestrum.com.
Therefore, the set of clauses that make up this document define the content of said provision of services and, in general, the rights and obligations of the contracting parties in the plurality of contracts that DNA Project enters into in the exercise of the commercial activity it performs under the trade name “ANCESTRUM” and on the aforementioned website; so that, once these conditions have been accepted by those contracting said services (hereinafter, “users”, meaning any natural person requesting any of the services offered by DNA Project through the aforementioned website), they shall be applied to the generality of the respective specific contracts subscribed with DNA Project in said area, although they are not included in each specific contract, that is to say, although they are not included in the text of each one of them.
These general contracting conditions regulate the permission to access online to the genetic analysis services provided by DNA Project under the mentioned trade name and in the mentioned website, providing a procedure and a secure channel for its electronic contracting.
3. FORM OF ACCEPTANCE OF THESE GENERAL CONTRACTING CONDITIONS
All users must accept and comply with these general contracting conditions.
The marking of the corresponding box in the contracting process, as well as the fact of following telematically all the steps established for the same one, supposes the declaration of knowledge and the express acceptance of the present general conditions of contracting on the part of the user, having the same validity that its presential signature. In this way, the user acknowledges being a person with sufficient capacity to acquire the obligations arising from their actions through the website, which has previously read these general conditions of contracting, which understands its content and accepts them as part of the content of your specific contract.
4. REVISION OF THE GENERAL CONTRACTING CONDITIONS
In order to keep the contractual framework for the provision of the service as up to date as possible, DNA Project may unilaterally make changes to these general terms and conditions.
The updated general contracting conditions will replace the conditions in force up to that moment, starting to take effect in the new services contracted by the users after the modification, after their acceptance.
In any case, it will be considered that the user expressly accepts such modifications if he/she hires again the services offered by DNA Project in the website once the modification has been made.
If the new general contracting conditions are not accepted, the contractual relationship between both parties will be understood as terminated from that moment, without prejudice to the fulfillment of the pending obligations, especially those of economic content derived from the services previously provided by DNA Project.
5. DETERMINATION OF SERVICES PROVIDED BY DNA Project AND PRICES
1. Users may obtain, upon payment of the established price, access to the following DNA analysis and/or genetic report services:
– “FULL EXOME SEQUENTIALIZATION” (necessarily includes the genetic test).
– FULL GENOME SEQUENTIALIZATION” (necessarily includes the genetic test).
Generally, the service provided by DNA Project is comprehensive: the user is sent the personal saliva sample collection kit, the user deposits his/her saliva in the collection tube, fills in the accompanying form and returns it all to DNA Project who, with the sample received, performs the DNA analysis and finally sends the corresponding genetic report to the user.
However, if the user already has a genetic RAW DATA (a file with his genetic raw data), the service provided by DNA Project will be limited to elaborate, in the light of this file, the specific genetic report contracted by the user and send it to him.
The genetic tests and reports offered by DNA Project will be hereinafter referred to as CONTRACTUAL PRODUCTS.
2. The prices of the CONTRACTUAL PRODUCTS will be those shown in the website.
DNA Project may modify the prices without any term or condition, and the modification shall be binding for the user from the moment it appears on the website.
6. PROCEDURE FOR THE CONTRACTING PROCEDURE OF THE CONTRACTUAL PRODUCTS (SERVICES PROVIDED BY DNA Project)
1. The whole process of contracting services will be carried out in a completely electronic way through the website developed for this purpose by DNA Project, located at the URL: https://ancestrum.com; and it will be carried out in Spanish, English, French, German, Italian, Portuguese or Polish, depending on the user’s choice.
Within the aforementioned website, the applicant shall access DNA Project’s online store and shall fill in the electronic form that appears in it, inserting from the data necessary for his/her identification (and, if applicable, the mention of the representation he/she exercises), to the data required by the tax and invoicing regulations, including the data necessary for the provision of the service (specification of the CONTRACTUAL PRODUCT requested and place of delivery) and the payment (choice of payment method and confirmation of the purchase).
2. The user declares and guarantees under his responsibility that all the data provided in the form for the initiation of the contracting procedure are truthful, current and adjusted to reality. Consequently, the user shall be solely responsible for any false or inaccurate statements made, as well as for any damages, both direct and indirect, caused to DNA Project or third parties by the information provided, either because the data provided by the user are not updated, or are false or inaccurate or, in any way, do not correspond to reality.
3. Services may be requested twenty-four hours a day, every day of the week. Subject to the right to interrupt the services for system maintenance or any other cause.
7. DELIMITATION OF WHO CAN HAVE ACCESS TO THE SERVICES (USERS)
1. Natural persons may be users (and, therefore, request services), never legal entities.
2. In case of residing outside Spain, the user declares and guarantees under his/her own responsibility that he/she is not subject to any legal prohibition or restriction including, but not limited to, prohibitions or restrictions related to the sending of our DNA samples from his/her country of residence or, in general, any prohibition or restriction related -directly or indirectly- to the contracting of genetic services such as those requested to DNA Project.
3. The request for services must always be made by a duly identified person, of legal age and with full capacity to act, although such request may be made either in his/her own name or on behalf of a minor or subject to support measures for the exercise of his/her legal capacity that include his/her representation.
In case of representation:
1º) The user must indicate the data of the person represented (name and surname and identification number), duly identifying him/her;
2º) There must be an absolute absence of conflict of interest between the user and the person he/she represents with regard to the decision making process (the contracting of the services provided by DNA Project); and
3º) If the participation of the principal in the decision making process is possible, taking into account the degree of sufficiency of his/her will, in the case of a person with limited capacity to act, or his/her maturity, in the case of a minor (which shall be presumed, in any case, if he/she is older than 12 years of age), the principal shall also give his/her consent, together with that of his/her legal representative. If it is not possible for the principal to participate in the decision making process because such conditions are not met, the consent of the legal representative shall be sufficient.
4. The user guarantees under his own responsibility the veracity of all the data provided for this purpose in the form for the initiation of the contracting procedure, that is to say, of his identity, legal age and full capacity to act; and, in the case of representation, of the identity of his represented party, of the reality of his representation, of the absence of conflict of interest between both and, likewise, of the origin, if applicable, of the lack of expression of consent of his represented party.
Consequently, the user will be responsible for any false or inaccurate information provided through the website, and for any damages, direct or indirect, caused to DNA Project or to third parties.
In any case, if DNA Project doubts about the veracity of any of the data provided by the user, it may deny the access to the requested services, in which case it will have to proceed to refund the amounts pre-authorized by the user, using for this purpose the same means used by the user to pay for the services.
8. PAYMENT OF THE PRICE BY THE USER
DNA Project will proceed to charge for the services immediately after their validation by the user, whose payment may be made using any of the payment methods indicated in the website.
In any case, the payment will not be considered to have been made until the deposit or transfer has been credited to DNA Project’s account, so that the contract will only be effective when DNA Project receives the payment confirmation.
If the transaction is denied for any reason by the external financial entity that manages it or if the full amount corresponding to the amount of the services has not been paid, the contracting will be suspended, informing the user that the transaction has not been finalized.
9. DELIVERY OF THE SERVICE BY DNA Project
Once DNA Project has accredited proof of having received in its account the full payment of the order placed, it will proceed in the following terms for the delivery of the CONTRACTUAL PRODUCT that integrates the order:
A) With regard to CONTRACTUAL PRODUCTS that include a saliva collection tube:
1st Phase – SENDING OF THE COLLECTOR TUBE:
DNA Project will process the shipment within a maximum period of 10 days (except for delays not attributable to its will), and the shipment must be delivered to the address indicated when the order was electronically formulated.
Transport risks and expenses. DNA Project shall be liable for the loss or destruction, in whole or in part, of the collection tubes shipped, from the perfection of the contract (by the electronic formulation of the order) until delivery, except in the case of force majeure or fortuitous event.
Shipping costs shall be borne by DNA Project, and taxes, official charges and costs related to customs clearance shall be borne by the user.
Obligation to remedy any defects or flaws in the DNA kits sent to the user. DNA Project undertakes to deliver the DNA kits supplied in perfect condition.
To this end, DNA Project undertakes to replace free of charge any defective kit, provided that the user notifies it within a maximum period of 7 days from the date of receipt of the kit.
Excluded from this warranty obligation are DNA kits that are defective due to the fault of the user.
2nd Phase: SENDING THE USED TUBE TO DNA Project:
The user shall be responsible for the shipment to DNA Project’s offices, located in Madrid, Plaza de la Castellana, n.º 95, 28th floor, under his own responsibility and at his own expense, within a maximum period of 30 months from the date of receipt of the tube by the user and 3 months from the date of deposit of the saliva in the tube.
The user declares and guarantees under his/her own responsibility that the saliva sample provided is his/her own or, if applicable, that of the person he/she represents.
3rd Phase: SENDING THE GENETIC REPORT TO THE USER:
From the date of receipt of the tube used by DNA Project in its offices, DNA Project will have a maximum period of 9 weeks (except for technical problems, duly communicated to the user) to send the requested genetic report to the e-mail address provided by the user when placing the order electronically.
If the laboratory is unable to process the saliva sample (either because the amount of saliva provided is not sufficient or because the sample does not contain a sufficient volume of DNA, or because the processing results do not meet the accuracy standards required by DNA Project), DNA Project will process the same sample again at no cost to the user. And if this second attempt to process the same sample fails, DNA Project will offer the user, again at no cost to the user, the possibility of sending another collection tube to deposit a second sample. However, if the user, having accepted the offer, should DNA Project’s attempts to process the second sample fail, DNA Project will no longer send additional sample collection kits. In such circumstances, however, the user will be entitled to a full refund of the amount paid to DNA Project, less shipping and handling charges.
Upon such refund, the user agrees not to resubmit another saliva sample in a new request for DNA Project’s services. In case of failure to comply with this obligation, if the processing is unsuccessful, the user will not be entitled to a second processing of the sample or to a refund.
B) Regarding CONTRACTUAL PRODUCTS that do not include a saliva collection tube, since they are limited to a genetic report from a RAW DATA already available:
Unless there are technical problems duly communicated to the user, DNA Project will process the shipment within a maximum period of 9 weeks from the date of the order or, if applicable, from the date of receipt of the RAW DATA file if it had not been attached when placing the order; and the genetic report(s) requested must be sent to the e-mail address indicated by the user when electronically placing the order.
10. EXCLUSION OF PROFIT AND OF ANY RIGHT ON THE FRUITS DERIVED FROM GENETIC ANALYSIS
The user acknowledges and accepts that the contribution of his/her DNA sample and the processing of his/her genetic data does not grant him/her any right over the scientific or educational research or publications of the same nature or over the services or products developed by DNA Project, or by organizations or persons associated to it, to which such contribution and processing have contributed; nor, in general, any right to obtain any economic benefit, since both shall be devoid of any purpose or profit motive.
11. RIGHT OF WITHDRAWAL
In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the user shall be entitled to exercise the right of withdrawal (leaving without effect the contract concluded, without the need to justify their decision and without penalty of any kind) within 14 calendar days from the date of conclusion of the contract, by simply completing and sending electronically the model withdrawal form attached as APPENDIX I, through the website: https://ancestrum.com In any case, the use of this model is not mandatory, so that to exercise the right of withdrawal, it will be sufficient for the user to notify its decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail or email).
However, the user accepts and agrees that the provision of the services may begin before the expiration of the withdrawal period and that, in the event that the withdrawal occurs after the provision of the service has been fully executed, such withdrawal shall not be enforceable against DNA Project. Therefore, the possibility of cancellation will depend on the fact that the specific service requested has not been executed by DNA Project, so that only in the case that the communication of the cancellation has taken place before that moment, the exercise of this right will be feasible.
In case the user exercises his right of withdrawal in due time and form, DNA Project will reimburse the user the payments made, within 14 calendar days from the date on which DNA Project has been informed of the user’s decision to withdraw from the contract. Such reimbursement shall be made using the same means used by the user to pay for the services, unless the user has expressly provided otherwise. In the event that it is not possible to return the money by the same means used for reasons beyond DNA Project’s control, the most appropriate option for the refund will be sought, leaving the amount at the disposal of the user as a deposit.
12. PERSONAL DATA PROTECTION AND GENETIC DATA PROTECTION
The parties undertake to comply with their legal and contractual obligations under these general terms and conditions. If one party fails to comply with any of its obligations or obstructs the other party’s compliance with its obligations, the other party shall be entitled to claim compensation for damages, both for consequential damages and loss of profit.
The parties shall be liable for the breaches in which they have personally incurred, and the other party shall be indemnified against any error, fraud or fault not attributable to it, and against any damage arising from such breaches attributable to the other contracting party.
In particular, DNA Project shall not be liable in case of temporary unavailability of the website if this is due to technical reasons of updating or maintenance, or to causes beyond DNA Project’s control, or to fortuitous events, force majeure, Internet access problems, or technological problems beyond DNA Project’s diligent and reasonable management. In all these cases, beyond DNA Project’s control and due diligence, there will be no compensation to the user for any possible damages suffered by the latter.
14. PARTIAL NULLITY
As a general rule, the nullity judicially declared of a part of these general terms and conditions does not entail the nullity of the whole, so that the present clauses will continue to be valid in the remaining part. In this case, the affected clause or clauses shall be replaced by another or others that preserve the effects pursued by these general contracting conditions.
15. APPLICABLE LEGISLATION
The contract signed between DNA Project and the user shall be governed by and construed in accordance with the laws of Spain, regardless of its rules of collision or conflict of laws.
16. JURISDICTION AND COMPETENCE
The parties agree to submit, with express and formal waiver of any other jurisdiction that may correspond to them, to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid to resolve any differences that may arise with respect to this contract or that are related to it, including any question about its existence, validity or termination, or about its interpretation or execution.
ANNEX I: CANCELLATION DOCUMENT
NAME AND SURNAME :
ID card/identity card:
“THE DNA PROJECT, S.L.”
N.I.F. N.º B-02884526
Paseo de la Castellana, n.º 95, 28th floor, Madrid (C. P. 28046)
Phone: +34 910 059 099
E-mail: [email protected]
Subject: Exercise of the RIGHT OF WITHDRAWAL
By means of the present document, I exercise the right of withdrawal established in the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, regarding the contract for the provision of services concluded with “THE DNA PROJECT, S.L.” by Internet on […].
The resolution that I am communicating to you is exercised within 14 calendar days, from the date on which the contract was concluded, in accordance with the aforementioned regulation.
At […], on […].
S.D. (only if this form is submitted on paper): […].
The translated version of this document has been prepared for information purposes only and has no legal value, so that the only legally binding version of this agreement is the one drafted in Spanish, which can be consulted at https://ancestrum.com/legal-es/#section|5