PRIVACY POLICY

DATSME

LAST UPDATE DATE: 02/03/2021

DATA OF THE DATA CONTROLLER

Company name: Overgenes S.L. (from now on DatsMe)

TAX ID: B98884786

Address: Parque Científico Universidad de Valencia_ Calle Catedrático Agustín Escardino 9_ Edificio 3_ 46980 – Paterna (Valencia)

E-mail: info@overgenes.com

E-mail of our Data Protection Officer: pilar.martin@overgenes.com

PRIVACY AND SECURITY POLICY

This privacy policy regulates collecting and processing personal data provided by users when accessing, browsing, or using the website’s functionalities at datsme.life and shop.datsme.life.

At DatsMe, we are aware of the importance of data protection for our customers. We have adopted and are committed to adopting a series of essential measures to establish a privacy and confidentiality protection policy for the customer data we receive, store or process.

 

We aim to ensure that the confidentiality and privacy of all information collected and processed from our customers are fully respected in accordance with legal requirements.

 

Therefore, DatsMe does not sell or rent customer information, nor does it provide customer information to third parties that are not contractually related, unless you have consented to such an operation in accordance with the provisions of this policy, it is required by law, or it is necessary for the provision of the service by DatsMe.

 

Below, we explain how we process this data:

APPLICABLE REGULATIONS

The privacy policy has been designed in accordance with the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and the free movement of such data and repealing Directive 5/46 EC (General Data Protection Regulation), and in what does not contradict the Regulation mentioned above, by the provisions of Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantees of digital rights.

By providing us with your data, you declare that you have read and understood this Privacy Policy, giving your unequivocal and express consent to the processing of your personal data in accordance with the purposes and terms expressed herein.

DatsMe may modify this privacy policy to adapt it to new legislation, jurisprudence or interpretation of the Spanish Data Protection Agency. These privacy conditions may be supplemented by the Legal Notice, Cookies Policy and the General Conditions that, where appropriate, are collected for certain products or services if such access involves any speciality in terms of personal data protection.

HOW DID WE OBTAIN YOUR DATA?

The personal data we process comes from the data subject himself or an authorised third party. The data marked with an asterisk in the web forms are mandatory to provide the requested service.

WHAT DATA DO WE PROCESS?

The categories of data that we may process in the provision of our services are, by way of example but not limited to:

  • Identification data: name and surname, personal and/or delivery address, contact telephone number, contact e-mail address.
  • Personal characteristics data: gender, ancestry, date of birth, height, weight, degree of physical activity.
  • Economic data: related to electronic payment processes and validation of the same.
  • Sensitive category data: genetic data and racial origin data (the latter for the purposes of previously anonymised population, demographic or statistical research studies).

PURPOSE OF THE PROCESSING OF PERSONAL DATA

The most important purpose of collecting and storing information about our customers is to ensure the efficiency, security and speed of the contracted services and/or products. DatsMe will use the information collected to comply with the contracted services contractually and may use part of it for communications with customers and thus provide improved services and better care in our ability to information on our current and future services.

Personal data is obtained directly through e-mail or forms through which you provide us with your data and consent to its processing.

When contracting a test with DatsMe, the genetic test to be performed consists of the study of the information contained in the DNA extracted from a sample of blood, saliva or buccal scraping to determine certain genetic variations. The identification of these genetic variations can help to adopt the personalised measures that are most effective in each case.

Therefore, the purpose of the collection and processing are:

  • The execution and maintenance of any contractual relationship that DatsMe may have with its users and customers for the services that the latter have contracted with DatsMe.
  • The execution, management, administration, extension and improvement of the services requested or used by users and customers.
  • Sending general, technical, operational, advertising and promotional information about our products or services through the different means of contact requested in the registration forms.
  • To carry out internal marketing studies to improve our services, including sending e-mails and opinion forms, the user is not obliged to answer.
  • The creation of new products and services by the company. This processing would always be carried out based on anonymised data, that is to say, eliminating any reference to the individual’s identity, not being identifiable.
  • The performance of research studies (population, demographic or statistical) always using anonymised data. Anonymisation is the breaking of the chain of identification of individuals so that they cannot be associated in any way with the person who owns their data.

There is no processing based on profiling and automated decision-making based on the characteristics of these profiles.

DATA RETENTION PERIOD

We will retain your personal data for a minimum period of five years from the date on which it was collected, after which the data subject may request that it be deleted. If you do not exercise this right, DatsMe will anonymise the data.

LEGITIMATION AND DATA COLLECTED

The legitimacy for the processing of your data is:

  • Consent of the data subject
  • Execution of a contract, by which the data subject requests DatsMe to perform certain services, contractually binding and subject to rights, obligations and responsibilities, by both parties
  • Fulfilment of legal obligations. By way of example and without limitation in the commercial field: General Tax Law, Corporate Tax Law, Audit Law, Value Added Tax Law, Civil Code, Commercial Code. By way of example and without limitation, in the field of health and genetics: Law on Biomedical Research, Law on Assisted Human Reproduction Techniques, Law establishing the legal regime for the contained use, voluntary release and commercialisation of genetically modified organisms.

CONSENT TO PROCESS YOUR DATA

By filling in the forms, ticking the box “I accept the Privacy Policy” and clicking to send the data, or by sending e-mails to DatsMe through the accounts provided for this purpose, the user declares to have read and expressly accepted this privacy policy and gives their unequivocal and express consent to the processing of their personal data in accordance with the purposes informed.

MANDATORY DATA, WHAT HAPPENS IF I DO NOT PROVIDE THEM?

DatsMe will distinguish mandatory data in the information collection forms. If you decide not to provide us with any of the data considered obligatory, we will not be able to comply with the intended purpose, and the data processing or the provision of the corresponding service will not be carried out.

You guarantee that the Personal Data you provide us with is true and correct. You will be responsible for notifying us of any changes to them. If the data provided belongs to a third party, the user guarantees that he/she has informed said third party of the aspects contained in this document and obtained their authorisation to provide their data. In the case of minors’ tests, express authorisation to this effect must be sent by the parents or legal guardians. The authorisation will be available for download when you select the test option for a minor.

SECURITY MEASURES

As part of our commitment to guarantee the security and confidentiality of your personal data, we inform you that we have adopted the necessary technical and organisational measures to guarantee the security of your personal data and to avoid its alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.

In services where customers or users enter personal data, in order to guarantee security and confidentiality in transactions, the prior identification and authentication of the user in the system through the request for access codes is necessary. In those cases in which the user requests information about DatsMe services, either through the sending of forms on the DatsMe web pages or by e-mail, it will be necessary to collect the essential personal data in all cases in order to be able to inform you about your request.

We are aware of the need to guarantee the transit of information between DatsMe. Therefore its customers and therefore at least the transactional parts of our websites operate over SSL (Secure Socket Layer) protocol. This security and encryption protocol protects the data in transit from the browser to our servers, ensuring that the information is only intelligible to the client’s computer and our server.

Notwithstanding the preceding, the user should be aware that security measures on the Internet are not insurmountable.

You can obtain more information about the security measures we apply by contacting our Data Protection Officer through the channels indicated at the beginning of this Privacy Policy in the section on identificatifying the data controller.

TRANSFER DATA

The user knows and accepts that their data will be communicated in all those cases in which it is necessary for the development, compliance and control of the services requested or contracted, or by legally required obligations to DatsMe, not being in any case transferred in other cases to third parties without prior authorisation of the person concerned.

The data assignees may be the State Agency of Tax Administration, Banking and Financial Entities, and other Public Administrations with competence in the matter (fiscal, tax, mercantile or accounting, as appropriate). Similarly, and in the field of health, data referring to genetic tests may be communicated to the Ministry of Health, Biomedical Research Committees or Ethics Committees as fundamental instruments for the evaluation and monitoring of research projects when so required. atsMe may also disclose personal data to comply with a legal obligation or perform a task carried out in the public interest (Recital 10 RGPD). They may also be communicated to Judges or Courts in the exercise of their powers when DatsMe is legally required to do so.

The user knows and accepts that their personal data may be provided to third parties when necessary to fulfil the purposes of the treatment, respecting in all cases the security measures required by current legislation on the protection of personal data, as well as the general policies of quality and privacy of DatsMe. DatsMe outsources certain services to suppliers (logistics, genetic analysis or technological infrastructure for the provision of services). The corresponding data access contracts have been formalised with all of them in accordance with current data protection legislation.

Except for the provisions in the previous paragraph, DatsMe will not communicate User data to third parties beyond those required by current legislation on data protection, and its implementing provisions, than those made to the competent authorities when required.

Finally, DatsMe informs that, in general, no transfer or communication of data outside the European Economic Area is foreseen and, in the event that it were to occur in the future, the appropriate legal guarantees will be adopted for the legitimate transfer of such data in accordance with current legislation.

USER RIGHTS

According to the General Data Protection Regulation, your rights are as follows:

  • Access, the right to request information from the controller of a file as to whether their personal data is being processed.
  • Rectification, the right that allows the data subject to request the modification  of inaccurate or incomplete data.
  • Opposition, the right of an individual to object to the processing of his or her personal data or the cessation of such processing.
  • Automated individual decisions, the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on him or her or similarly significantly affects him or her.
  • Limitation, the right to suspend the processing of the user’s personal data in certain instances.
  • Erasure or Oblivion, the right to the erasure of the data subject’s personal data.
  • Portability, the right to request the controller to provide personal data in a structured and clear format to another controller.

HOW CAN I EXERCISE MY RIGHTS?

The interested party may exercise their data protection rights by e-mail at info@overgenes.com. You may be asked to provide documentation proving the applicant’s identity (copy of the front of the National Identity Card or equivalent). The maximum response period will be 30 days from receipt, which may be extended for a maximum of 2 months if necessary. In any case, you may request the protection of the Spanish Data Protection Agency via its website.

Likewise, and in accordance with the provisions of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, if you do not wish to receive commercial electronic communications in the future, you may express this wish by sending an e-mail to info@overgenes.com, which will appear as a means of cancellation or unsubscription at the bottom of all our commercial communications.

CAN DATA OF MINORS PROCESSED?

In Spain, parents or legal guardians’ consent is required to process data of children under 14 years of age. In requesting a genetic test for a minor, an express authorisation to this effect must be provided by the parents or legal guardians as part of the service request process.

SOCIAL MEDIA

DatsMe’s social media profiles will not involve any data processing beyond that permitted by the social network itself for corporate profiles. DatsMe may use these profiles to inform users of each social network subscribed to DatsMe’s profile about its activities, events, seminars, offers, promotions or news about its products or services, and to share information of interest about DatsMe’s usual topics. DatsMe will not extract any data directly from the social network.

LINKS TO OTHERS WEBSITES

DatsMe provides links to other websites that we believe may be useful to you. The terms and conditions of this privacy and confidentiality policy do not apply to these links. The inclusion of such links does not imply any obligation on the part of DatsMe to access the services advertised or sold therein.

An IP address is an identifier given by an Internet Service Provider (ISP) to a computer connected to the Internet. DatsMe receives information about visitors’ IP addresses to its website because it is automatically reported by browsers each time they open a web page. This IP address information helps DatsMe administer its systems, monitor and improve security, troubleshoot problems, optimise service and perform statistical analysis of traffic.

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