INFORMED CONSENT FOR THE PROCESSING OF PERSONAL DATA FOR THE PURPOSE OF GENETIC TESTING
STATEMENT OF PRINCIPLES
| SECTION | BASIC INFORMATION |
| Data Controller | ADNTRO GENETICS SL. B01663657 Colonia de Sant Pere, Finca Es pinaret. C.P. 07579, Artà (ILLES BALEARS). [email protected] |
| Security Measures | Your personal data is confidential. We take the necessary technical and organizational measures to ensure the security of personal data. |
| Disclosure | We do NOT sell your data to ANYONE, your genetic data belongs only to you. |
| Storage of your health data | Your health data is hosted on servers located within the EU with the strictest security measures applied to them. |
| Our Proposal |
|
| Reminder | Your genetic predisposition in the health area IS NOT a diagnosis. We remind you that a physician's intervention is necessary to provide a clinical diagnosis (your genetic makeup is only a small part of your predisposition). |
| Our Goal | We are here to accompany you on this genetic journey with a new approach, under the premise of providing you with as much information as possible. |
A. APPLICABLE REGULATIONS ON THE PROTECTION OF PERSONAL DATA.
In accordance with Regulation (EU) 2016/679 on the protection of personal data, ADNTRO GENETICS, S.L with address at Calle Colonia de Sant Pere, Finca Es pinaret, C.P. 07579, Artà (ILLES BALEARS), Spain, with N.I.F B01663657, (hereafter "ADNTRO") is committed to protecting privacy and to this end, we hereby inform you (hereinafter referred to as "You / Your") of the processing of your personal data that we will carry out in connection with the genetic tests commissioned, in our capacity as Data Controller.
1. Purpose of processing, legal basis and storage periods
In ADNTRO we will process the following categories of personal data that you provide us with the following purposes, legal basis and retention period:
| Data category | Purpose of treatment | Legal basis | Conservation period |
|---|---|---|---|
| Health data: we will process your DNA sample, as well as your data resulting from the genetic study carried out ("Genetic interpretation"). | This data will be processed in order to fulfill our contract and provide you with a genetic interpretation of the services offered. | The legal basis for the processing of this data will be your express consent. | We will keep your personal data for the duration of your User account. In case of prolonged inactivity for a period of two years we will block the data for a maximum period of 5 years to meet any legal liabilities that may arise from our relationship. |
2. Data recipients
In general, the personal data processed by ADNTRO will not be disclosed to third parties, however, the DNA sample together with certain pseudonymized data will be shared with the entity that carries out the transport of the sample, as well as with the EUROFINS GENOMICS laboratory, ("EUROFINS") located in Germany, with whom we have formalized a data processing agreement ("DPA") ensuring the permitted processing activities always following the strict indication of ADNTRO. Neither EUROFINS nor ADNTRO will not search your DNA sample for any other agent, marker or biological or chemical component other than your DNA. Furthermore, EUROFINS will only have access to a DNA kit code and will not have access to your name and surname as the data will be subjected to a dissociation process.It will be the univocal KIT code that will allow ADNTRO to link your account as a Registered User. In any case, for greater security, two (2) months after completion of the requested analysis, the DNA and saliva remains provided will be destroyed. In case you wish to review the privacy policies of EUROFINS GENOMICS you can consult https://eurofinsgenomics.eu/en/eurofins-genomics/help-center/data-privacy/privacy/.
Also, to fulfill the purposes described above, it will be necessary to give access to such data to our technology service provider as Google Ireland Limited, ("Google") as a provider of hosting services, hosting and storage of information and personal data. Google is ISO 27001, ISO 27017 certified and has servers located within the European Union.
ADNTRO has entered into a data processing agreement ("DPA") with Google. You can check it at the following link https://cloud.google.com/terms/data-processing-terms/partner as well as its privacy policy at https://cloud.google.com/terms/cloud-privacy-notice.
3. Security Measures
We undertake to adopt the necessary technical and organizational measures in accordance with current legislation to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
4. Confidentiality
For the development of the services provided, ADNTRO will have access to information related to your health data, which is considered particularly sensitive information. Therefore, ADNTRO guarantees that the information you provide will be kept in the strictest confidence by the employees and collaborators of ADNTRO who may have access to it, with whom a confidentiality agreement has been signed.
5. Rights of the interested parties
You may exercise your rights of access, rectification, deletion, opposition, limitation of processing and data portability by sending us an e-mail at [email protected]You have the right to withdraw your consent, and ADNTRO will no longer process your personal data.
You may also file a complaint with a supervisory authority, and in particular, with the Spanish Data Protection Agency (www.aepd.es) if you consider that the above rights have been violated or if you consider that the processing of personal data concerning you is in breach of the applicable regulations.
B. APPLICABLE REGULATIONS ON CLINICAL INFORMATION AND DOCUMENTATION.
In accordance with the provisions of Law 41/2002, of November 14, 2002, which regulates patient autonomy and the rights and obligations regarding clinical information and documentation, any action carried out in the field of healthcare requires the patient's free and voluntary consent.
Therefore, before contracting the genetic information service with ADNTRO you should carefully read the information provided below so that you can give your consent through this Informed Consent, by means of which you declare:
(I) To understand the process through which ADNTRO will provide the service; and
(II) Have a clear understanding of the context of the genetic information that you will have access to through the provision of the service by ADNTRO and be aware of the nature and purpose of the analysis.
You expressly agree:
(I) The benefits, limitations and potential risks associated – directly or indirectly – with it.
(II) The possible consequences arising from having such knowledge.
It is therefore necessary that you read the following information carefully, so that you understand the nature and purpose of genetic analysis, its risks and consequences.
1. Nature of the genetic analysis requested from ADNTRO
The genetic analysis to be performed is a multifactorial or polygenetic predictive analysis in which different genes are analyzed that are considered to be those that could indicate a special and higher than average risk of developing certain complex genetic diseases.
To obtain the genetic material, you must take a biological sample of your saliva following the indications specified.
The laboratory may not be able to process the sample and laboratory processing may result in errors. Approximately 3% to 8% of the samples received do not contain a sufficient volume of DNA, do not provide sufficient saliva, or the processing results do not meet our accuracy standards.
If the initial processing fails for any of these reasons, ADNTRO will reprocess the same sample at no charge to the user.
If an error occurs again on the second attempt to process the same sample, ADNTRO will not send additional sample collection kits and the user will be entitled solely and exclusively to a full refund of the amount paid to ADNTROless shipping and handling charges.
In the event that the user re-submits another sample through a future purchase of the service and the processing is again in error and cannot be performed correctly, ADNTRO will not offer the possibility of reprocessing the same sample, nor will it provide the user with any refund.
2. Purpose of the genetic analysis you request to ADNTRO
The analysis and interpretation service provided by ADNTRO is designed for informational and educational purposes based on the scientific evidence available and employed by ADNTRO.
Through the provision of the genetic analysis service you will be informed about different aspects related to your DNA, so you should take into account the following considerations and risks before hiring the service:
- Once we obtain your Genetic Information, the knowledge is irrevocable. Therefore, you should assume that the information we may provide to you either now or in the future, as genetic research progresses, may not always be welcome or positive, there being the possibility that unforeseen findings may occur in the information provided that may cause you strong emotions with enough potential to alter your life and world view.
- You may discover things about yourself that concern you and you may not have the ability to control or change (e.g., your father is not genetically your father, surprising facts related to your ancestry, or that someone with your genotype may have a higher than average chance of developing a specific condition or disease).
- You should also understand that as research progresses, in order for you to evaluate the significance of your DNA in the context of such advances, you may need to obtain further services from ADNTRO, consult a physician, genetic counselor or other health care provider.
We always encourage you to speak with a genetic counselor, a healthcare professional with specialized training in genetic conditions, before collecting your sample for testing, to get more information so you can make an informed decision about whether testing is right for you. A genetic counselor can also help you understand your results and options.
3. Genetic research is not exhaustive.
Although we measure many hundreds of thousands of genetic markers in your DNA, only a small percentage of them are known to be related to human traits or health conditions. The scientific community is advancing at great speed in the understanding of genetics and an important mission of ADNTRO is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies.
Because the interpretations provided in our service are based on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may demonstrate that previous research is incomplete or inaccurate.
For the most common diseases, the genes we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors or lifestyle choices that are much more important predictors. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The reverse is also true; if your data indicate that you are at elevated genetic risk for a particular disease or condition, this does not mean that you will definitely develop the disease or condition. In any case, if you have concerns or questions about what you learn through ADNTRO.[t]you should contact your physician or other health care provider. Please note that the genetic risk assessment is based on the comparison of your DNA with your reference population (e.g., European) and therefore the measurement is always in relative and not absolute terms.
Therefore, you should not change your health behaviors solely on the basis of the information from ADNTRO. Be sure to discuss your Genetic Information with a physician or other health care provider before acting on the Genetic Information resulting from the services of ADNTRO.
4. Upload your Raw file
ADNTRO offers within its genotyping services, the modality of uploading, uploading by the Registered User, its "Raw File", hereinafter "Upload your Raw File", from which ADNTRO genetic interpretation will be performed as you can verify in https://adntro.com/es/subir-fichero-adn/.
The Upload Your Raw File mode of service assumes that it has been a third party and not ADNTRO who has performed the analysis on the Registered User's DNA sample, hereinafter referred to as "Third Party DNA Services". From this ADNTRO shall not be liable for any contradictions, inaccuracies or other inconsistencies that may arise as a result of the information uploaded by the Registered User.
ADNTRO DOES NOT CONTROL SUCH THIRD PARTY DNA SERVICES AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THEIR GENETIC INFORMATION PRODUCTS OR SERVICES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY DNA SERVICES.
5. Caution when sharing genetic information.
Genetic information you share with others could be used against your interests. You should be careful about sharing your genetic information with others. Currently, very few companies or insurance companies request genetic information, but this may change in the future depending on national and European regulations. You may wish to consult a lawyer to understand the scope of legal protection of your genetic information before sharing it with anyone.
In addition, genetic information you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information you share with family, friends or employers may be used against your best interests. Even if you share Genetic Information that has no limited meaning today, that information may have greater meaning in the future as new discoveries are made.
6. Download file with genetic information
From ADNTRO we allow the Registered User to download a file containing his genetic information. This file can be used with other service providers to obtain, for example, a second interpretation of your genetic data.
ADNTRO IS NOT RESPONSIBLE FOR THE USE YOU MAKE OF YOUR RAW FILE, AND ADNTRO IS EXONERATED FROM ANY CLAIM IF YOU HAVE DOWNLOADED THEIR GENETIC DATA.
7. Purpose of ADNTRO Services
ADNTRO SERVICES ARE FOR RESEARCH, INFORMATIONAL AND EDUCATIONAL USE ONLY. WE DO NOT PROVIDE MEDICAL ADVICE
Genetic Information provided by ADNTRO is for research, informational and educational use only.
This means:
- First, many of the genetic discoveries we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing.
- Second, in order to broaden and accelerate the understanding and practical application of genetic knowledge in health care, we invite you to participate in ADNTRO LABS. Participation in such research is voluntary. The Services are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis.
ADNTRO DOES NOT ENDORSE OR GUARANTEE THE EFFICACY OF ANY SPECIFIC COURSE OF ACTION, RESOURCES, TESTS, DRUGS, BIOLOGICS, MEDICAL DEVICES OR OTHER PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON OUR SITE OR PLATFORM.
Any recommendations we provide on our website https://adntro.com/ ("Site") or platform https://demo.adntro.com/ ("Platform") will be based on scientific or academic literature and is intended for informational purposes only, so if You, based on Your genetic information, feel identified with it, You should consult with Your physician or other health care provider.
As explained on our Site and Platform, ADNTRO reports that (a) genetics is only one part of any individual's state of being, (b) the state of understanding of Genetic Information is rapidly evolving and at any given time we only understand part of the role of genetics, and (c) only a trained physician or other health care provider can evaluate your current state of health or illness, taking into account many factors, including in some cases your genetics, as well as your current symptoms, if any. Your reliance on any information provided by ADNTRO as well as links to other websites, blog articles or other information provided is at your own risk and is subject to your sole and exclusive responsibility for your use of it.
YOU SHOULD NEVER USE THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE ADNTRO SERVICE FOR SELF-DIAGNOSIS, TREATMENT OR PREVENTION OF ANY MEDICAL OR HEALTH CONDITION OR DISEASE. IN WHICH CASE, YOU DO SO AT YOUR OWN RISK.
In accordance with the above, you knowingly and voluntarily consent to the processing of your personal data by ADNTRO.
