If you have questions, please email support@essentialgenome.com

These documents were last updated on 16 July 2020.

Jump To TERMS OF USE

PRIVACY PROMISES

USE OF GENETIC INFORMATION

The Essential Genome Co. utilizes raw DNA data files to generate the Essential Genome Report. Raw DNA data files contain genetic information in the form of quaternary figures A, T, G and C, chromosome location, and a standard alphanumeric identifier called an rsID. The Essential Genome Co. stores all raw DNA data files in a secure and industry compliant manner, including protecting the files with passwords, encryption, and other suitable security measures.

The Essential Genome Co. collects user DNA data directly through original processing of user-provided saliva samples into raw DNA data. DNA data is also collected indirectly through user-upload of a raw DNA data file that the user received from a DNA sample processor unrelated to The Essential Genome Co.

The following principles apply to DNA data directly collected through DNA Sample Processing:

  1. Your DNA sample will be physically destroyed within 30 days of processing.
  2. Your genetics data will be stored in a HIPAA-grade storage environment.
  3. You can request, at any time, to have your genetics data irretrievably deleted.
  4. We will never sell, rent, loan, or otherwise transfer your genetics data to any 3rd party for any reason.
  5. We will only use your genetic data for the following purposes:
    1. To provide you with your Essential Genome Report
    2. To research new categories for improving the Essential Genome Report
    3. To refine our genetics analysis algorithms we use to generate the Essential Genome Report
    4. To provide you with any future updates to the Essential Genome Report including new report categories and/or refinements to existing categories based on new genetics research.
  6. In the event that the Essential Genome Co. ceases operation, your data will be irretrievably deleted.
  7. In the event that the Essential Genome Co. is acquired by another company (which includes merging with or otherwise being legally joined with another company), you will be provided time to decide whether or not your genetic data will be included as part of the acquisition, including being informed of the identity of the other company and the privacy policy that would apply to your genetic data.

The following principles apply to DNA data indirectly collected indirectly through user upload of raw DNA Data:

  1. Your genetics data will be stored in a HIPAA-grade storage environment.
  2. You can request, at any time, to have your genetics data irretrievably deleted.
  3. We will never sell, rent, loan, or otherwise transfer your genetics data to any 3rd party for any reason.
  4. We will only use your genetic data for the following purposes:
    1. To provide you with your Essential Genome Report
    2. To research new categories for improving the Essential Genome Report
    3. To refine our genetics analysis algorithms we use to generate the Essential Genome Report
    4. To provide you with any future updates to the Essential Genome Report including new report categories and/or refinements to existing categories based on new genetics research.
  5. In the event that the Essential Genome Co. ceases operation, your data will be irretrievably deleted.
  6. In the event that the Essential Genome Co. is acquired by another company (which includes merging with or otherwise being legally joined with another company), you will be provided time to decide whether or not your genetic data will be included as part of the acquisition, including being informed of the identity of the other company and the privacy policy that would apply to your genetic data.

ACCOUNT INFORMATION

In order to provide the requested services, The Essential Genome Co. must collect, process, generate, and retain certain information. This policy outlines that collection, use, and storage, as well as options that you as the user have to request that your data be removed from our service.

In order to use our services, you may choose to create an account. During account creation, and based on the services that you choose to utilize, The Essential Genome Co. may collect the following types of information:

  • Registration Information: Information provided at the time of creating an account such as name, email address, country, zip code, payment information.
  • Self-Reported Information: This may include health information, ethnicity, family history, and other such information that you choose to share with us.
  • User Content: Genetic raw data information, other data files, testimonials, reviews, comments uploaded/posted to the The Essential Genome Co. website will constitute user content.
  • Social Media Features: Our website contains Social Media sharing buttons to Instagram, Facebook, and Twitter. This feature may collect information related to your IP, page visits, and may incorporate the use of cookies to ensure that the features function properly. (See our separate cookie policy below.)
  • Referral Information: The Essential Genome Co. utilizes referral codes to encourage user engagement. If you utilize a Referrer’s referral code during purchase of services, your use will be taken as your consent for The Essential Genome Co. to share your email address and purchase summary with the Referrer. No genetic information, scores, or other details will ever be shared with the Referrer under any circumstance. If you are a Referrer that chooses to share a referral code, an email address will be associated with your referral account for use by The Essential Genome Co. for the purpose tracking your referrals.

TRACKING INFORMATION

  • Cookies

The Essential Genome Co. uses cookies to help enhance user experience, provide security, collect demographic information and monitor marketing programs. By the continued use of the The Essential Genome Co. website, you authorize the site’s use of cookies. More information about cookies can be found in our Cookie Policy.

Information obtained by the use of cookies maybe used in third party analytics tools like Google Analytics to generate reports. Such reports will not contain any personal information. Marketing analysis using these reports will be based on aggregate information and not at the individual level.

  • Google Analytics

The Essential Genome Co. uses the User-ID feature from Google Analytics to track user behavior across devices and sessions. This information is not merged with personal information. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

  • Facebook Pixel

The Essential Genome Co. uses “visitor action pixels” from Facebook Inc. on our website.

This allows user behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.

  • Other types of information

The Essential Genome Co.is actively invested in product development and introducing new applications and features. This may result in the collection of new information from different channels. As and when the need arises, the Privacy policy will be updated. Informed consent will be obtained at all appropriate stages.


MARKETING COMMUNICATIONS

By signing up for The Essential Genome Co.’s services and/or by creating an account on the essentialgenome.com website, the user consents to allow The Essential Genome Co. to communicate information to them. This information may be service or marketing related. Service-related communication involves emails regarding data uploads and report delivery or any other such communications that are required for The Essential Genome Co. to fulfill service requirements.

Marketing communications includes but is not restricted to product upgrades, new product information and testimonial requests. The user may at any time choose to opt out of receiving such communications by clicking on unsubscribe at the bottom of the email.

You may request deletion of your The Essential Genome Co. account and personal information by sending an email request to support@essentialgenome.com. Once you submit your request we will promptly delete your account and all contents within including raw data file, any reports, and personal information. Once you confirm your request to delete your data, your account will no longer be accessible. This process cannot be cancelled, undone, withdrawn, or reversed.

In the event that you utilized our DNA Test Kit services, account deletion will irretrievably delete your test results. Consequently, a new DNA test will be required in order to access any future services.

The Essential Genome Co. may solicit customer feedback to optimize their services. Similar to marketing campaigns, users can at any time opt out of receiving such emails by unsubscribing or emailing a request to support@essentialgenome.com.


INFORMATION SHARED WITH THIRD PARTIES

By signing up for the The Essential Genome Co. services you consent to the use of tools related to customer support, data storage and marketing. These tools are essential to be able to deliver customer support and for product requirements.
Access to data, be it registration information, genetic and self-reported information, automated information or data of any other kind will be shared with regulatory authorities if The Essential Genome Co. is legally bound to comply with the requirements.

Please refer to the section within this document labeled “USE OF GENETIC INFORMATION” for additional details about how we protect the Privacy & Security of your personal genetic data.

NOTE: Our service providers act on The Essential Genome Co.’s behalf. While we implement procedures and maintain contractual terms with each service provider to protect the confidentiality and security of your information, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.


TERMINOLOGIES

Aggregate Information:
Refers to the combined information of several users which have been evaluated as a whole without specific identification of an individual.

De-identified Information:
Information that does not have any associated personal information which enables the identification of an individual.

Individual-level Information:
Information associated with one individual. This may be genotypes, diseases or other traits or characteristics.

Personal Information:
Information that is used for personal identification. The Essential Genome Co. collects the following personal information from their customers.

Registration Information:
Information provided at the time of creating an account such as name, email address, country, zip code, payment information.

Self-Reported Information:
Information that is provided directly while filling in survey or online forms. This may include but not restricted to disease conditions, ethnicity, family history and other such information.

User Content:
Raw data information, testimonials, reviews uploaded by customers to the The Essential Genome Co. website will constitute user content.

Web Behavior Information:

This type of information is collected through log files, cookies, pixels and other such technology.[/vc_column_text][vc_column_text]

TERMS OF USE

In order to use any The Essential Genome Co. Service, you must agree to these Terms of Use. This is a legal contract that affects your rights and obligations. You should read this because any use of the Service signifies your acceptance of these Terms of Use.

1. DEFINITIONS

“The Essential Genome Co.” means Essential Genome, LLC, with its principal place of business based at 747 N 2600 W, Lehi, Utah, 84043.

“Essential Genome Research” means research and development based on the data obtained from its users. These activities include, among other things, the improvement of services, offering new services and products, and performing data analysis activities.

“Privacy Ensured DNA Test Kit” means a physical DNA Test Kit that can be purchased from the Essential Genome Co. for the purpose of obtaining genetic sequencing services. The DNA Test Kit is processed through Brooks Life Sciences, a contractually bound 3rd-party partner.

“Consent Document” means The Essential Genome Co. official consent document, which may permit The Essential Genome Co. to share your identifiable Personal Information with a third party upon receiving your consent to do so. Without your explicit consent, we will not share identifiable information with any third party.

“R&D” means The Essential Genome Co. Technologies Inc., with its principal place of business based at 747 N 2600 W, Lehi, Utah, 84043

“Services” means The Essential Genome Co. products, services, and website (including graphics, text, images, and other information displayed on the website) as accessed by users with an account or without one.

“Personal Information” is information about an identifiable individual, which includes information that can be used to identify you or find you on our website. The Essential Genome Co. gathers and keeps the following types of Personal Information:

“Aggregate Genetic and Self-Reported Information” means Genetic and Self-Reported Information that has been obtained from the user’s Registration Information and has been combined with data from other users in order to minimize the likelihood of exposing individual information while providing enough scientific evidence to be meaningful.

“Genetic Information” is data related to your genotype (e.g. A, T, C, and G at different genetic markers), generated through the analysis of a biological sample by The Essential Genome Co. or by its contractors, successors, and assignees; or data otherwise provided by you to be processed by and/or contributed to The Essential Genome Co. through user-upload of a raw DNA data file.

“Registration Information” is the personal information you provide when registering and/or purchasing our Services and products.

“Self-Reported Information” is your personal information, including medical conditions, sports-related information, ethnicity, family history, and other information that you enter into the surveys, forms, or features while entering the The Essential Genome Co. website or any other The Essential Genome Co. service. Self-Reported Information may be used in The Essential Genome Co. Research, but will not be shared with any third party without your consent, unless anonymized and aggregated.

“Web Behavior Information” is all other information provided by The Essential Genome Co. users not including Genetic Information and Self-Reported Information. This information is distributed publicly or privately, to or through The Essential Genome Co..

“The Essential Genome Co.” is information regarding how users make use of the The Essential Genome Co. website, which is collected through log files, cookies, and web beacon technology. Please see our Cookie Policy for more details.

“Privacy Statement” has the meaning in Section 9 of these Terms of Use.


2. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The Essential Genome Co. Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition or regarding your physical or mental health and wellness. Never disregard professional medical advice or delay in seeking it because of something you have read on The Essential Genome Co.’s website or information that is mentioned, provided or recommended as part of The Essential Genome Co.’s Services. If you experience any pain or difficulty with exercise or diet, stop and consult your healthcare provider. If you think you may have a medical emergency, call your doctor or 911 immediately.

The use of a Privacy Ensured DNA Test Kit and the DNA sequencing results therefrom are not intended to diagnose or treat any medical condition and are for personal educational and research purposes only.


3. ACCEPTANCE OF TERMS

Your use of The Essential Genome Co.’s Services is subject to the terms defined in these Terms of Use (“TOU”). These TOU apply to any use of The Essential Genome Co.’s Services, including:

  1. Submitting a saliva sample for DNA extraction and analysis;
  2. Providing a digital version of your Genetic Information, interpreting the analyzed data and information on the The
  3. Essential Genome Co. website, and following any recommendations, advice, suggestions, or proposed actions that The Essential Genome Co. provides related to your Personal Information or in general; and/or
  4. Registering and using a free The Essential Genome Co. account without providing a saliva sample or Genetic Information and acting on any information or recommendation, advice, suggestion or proposed action provided by The Essential Genome Co..

To use The Essential Genome Co.’s Services, you must first agree to the TOU. You cannot use the Services if you do not accept the TOU. The TOU is accepted by using the Services.

You accept and agree that The Essential Genome Co. will treat your use of the Services as implied acceptance of the TOU from that point onward. Some of the Services (both existing and new) may be subject to additional terms and/or conditions. When you first use these services, we will bring this to your attention. The terms for such services are subject to revision or change, like the rest of the TOU. When any such changes are made, we will provide notice as described in the TOU.


4. PREREQUISITES

Users who provide genetic information must (a) reside in the United States of America, (b) be at least 18 years of age or have the written permission of a parent or guardian, and (c) lawfully able to use the Services under the laws where you reside.

The Essential Genome Co. specifically prohibits the use of its Services by any person within the European Union, the European Economic Zone, or who is otherwise subject to the EU General Data Protection Regulation (GDPR). The Essential Genome Co. will make reasonable efforts to restrict data collection from users who appear to be covered by the GDPR. However, The Essential Genome Co. will not be liable for any data collected about or from a covered individual. If you are unable to make full use of the Services because you have been determined to be covered by the GDPR, you have no recourse or cause of action against The Essential Genome Co.

The Essential Genome Co. will only genotype those under 18 years of age with the written permission of a parent or guardian.


5. THE SERVICES

The Services include access to the The Essential Genome Co. website and its personal genetic services, which include the collection, extraction, and/or analysis of your Genetic Information, as well as the provision of recommendations, advice, suggestions, or proposed actions, both in general and specific to your Personal Information, based on a saliva sample or the electronic transmission of your Genetic Information from other sources at your direction. Unless stated, each new feature that is added to the current Services will be subject to the TOU. You accept and agree that the Services are provided “AS-IS” and are based on the current state of genetic research and technology used by The Essential Genome Co. when using the Services.

Scientific research is always changing and genetic technology is always evolving, therefore, The Essential Genome Co. is always innovating in order to provide the best information to its users. You agree that the Services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that The Essential Genome Co. might stop (permanently or temporarily) providing some Services (or features within the Services) to its users without prior notice.

You can stop using the Services at any time. You do not need to inform The Essential Genome Co. when you stop using the Services, unless you request to close your account. The Essential Genome Co. does not have any responsibility for the use of the Services outside the TOU terms or any other terms that apply.

In order to make use of the Services, you must have Internet access, directly or through devices that have access to web content, and you must pay any outside service fees associated with this access. You must also provide all the equipment necessary to connect to the Internet, which includes a computer and a modem or another access device. You agree that while The Essential Genome Co. does not have a set upper limit on the number of transmissions you send or receive through the Services, or the amount of storage space used for providing any Service, this fixed upper limit may be set by The Essential Genome Co. at any time at its sole discretion.


6. RISKS AND CONSIDERATIONS

Limitations of Genetic Information
Genetic Information provides a limited window into your health and fitness. It is only one aspect of your entire health and fitness outlook and should not be assumed to be conclusive.

Learning about one’s Genetic Information is not for everybody. In some cases, your Genetic Information may provide knowledge and information that is not positive. You should not assume that any information we provide will be positive. You should also understand that as scientific research advances, you might need to obtain additional services from The Essential Genome Co., or from your physician or health care provider, in order to assess and understand the meaning of your DNA, now and in light of new scientific information. In many cases, the analysis of your Genetic Information is based on correlations between certain genetic markers and different characteristics. Genetic Information cannot provide you with conclusive information about the interaction between certain genes and environmental factors, which can significantly change a particular outcome.

You should not act, refrain from acting, or alter your health behaviors solely based on the information provided to you by The Essential Genome Co. Make sure you discuss your Genetic Information with a physician or health care provider before you act upon the data, recommendations, advice, suggestions, or proposed actions provided by The Essential Genome Co. Services. For most common diseases, individual genetic markers are only responsible for a small fraction of the risk factors. There are other factors, such as other (perhaps unknown) genetic markers, environmental factors and lifestyle choices, which might be more important predictors for diseases.

If your data tells you that you do not have an elevated risk for a particular condition, you should not assume that you are entirely protected from this condition. The opposite can be true as well: if your genetic data tells you that you are at higher risk for a particular condition, it does not mean that you will develop this condition. If you have concerns or questions regarding any of this, you should contact your physician or another health care provider.

As a whole, genetic research is not complete. We measure many points of information in your DNA, but only a small percentage of them relate to human traits. The scientific community is still learning about genetics and one of The Essential Genome Co.’s goals is to contribute to this research. Additionally, many ethnic groups differ or are not included at all in many genetic studies. Similarly, some scientific studies may be based solely on research of one gender. As our Services interpret your Genetic Information based on scientific published studies, some of the interpretations that we provide may not apply to you. In addition, future genetic research may change how your DNA is interpreted by The Essential Genome Co..
The Genetic Information that you share with other people can be used against your best interests. Therefore, you should be extremely cautious when sharing your Genetic Information. As of now, few businesses or companies request genetic information, but this can always change. You may want to talk to a lawyer to understand the legal protections surrounding your Genetic Information before you share it with anybody.

Further, Genetic Information that you choose to share with your physician or health care provider can become part of your medical records and can potentially be accessed by third-party health care providers or insurance companies. Sharing Genetic Information with your family, friends or employers can be used against your interests. Your Genetic Information may have limited meaning today, but this information may well have a greater meaning in the future.

The Essential Genome Co. Services are for research, informational, and educational use only. No medical advice is provided. The genetic information reported has not been clinically validated. The technology used by The Essential Genome Co., which is also used by the research community, has not been used for clinical testing. In order to speed the understanding and the applications of genetic knowledge for clinical use, we invite all users to participate in The Essential Genome Co. Research.

Our Services are not to be used by the user as diagnostic tools and should not be a substitute for professional medical advice. You should always seek the advice from your physician or health care provider regarding any questions that you have regarding diagnosis, cure, or prevention of any disease or condition or regarding your physical or mental health and wellness.

The Essential Genome Co. does not guarantee the effectiveness of or make any representation or warranties regarding any specific course of action, procedures, treatment, opinions, usage of dietary supplements, medication, preparation or other product or service or other information that may be mentioned, provided or recommended on our website or as part of The Essential Genome Co.’s Services. If we provide you with recommendations, advice, suggestions or proposed actions that might work for you based on your Genetic and Self-Reported Information and scientific research, this information should be seen as intended for informational purposes only or for discussion with your physician or health care provider.

The Essential Genome Co. believes that:

  1. genetics is not the full picture of someone’s present, future or potential state of being;
  2. the understanding of Genetic Information is always evolving and there are still many things to discover and understand;
  3. only a physician or health care provider can assess your state of health or conditions, taking into account many factors, including your Genetic Information and your current symptoms.

Genetic Information is subject to significant limitations and you rely on information, recommendations, advice, suggestions or proposed actions provided by The Essential Genome Co., The Essential Genome Co.’s employees, and others appearing on our website or as part of The Essential Genome Co.’s Services at your own risk.

Testing Limitations
The Essential Genome Co.’s laboratory may not be able to process your sample and the analysis may result in errors. The laboratory may not be able to process your sample if your saliva sample does not contain enough DNA volume, you do not provide enough saliva, or the results do not meet the requisite quality and accuracy standards.

If the laboratory processing fails because of any of these reasons, the user has one of two options:
The Essential Genome Co. will process the same saliva sample without any additional charges to the user. If the second attempt fails, The Essential Genome Co. will offer to ship another kit to the user to collect a second saliva sample at no charge; or the user may elect a full refund of the amounts paid to The Essential Genome Co..

If the user elects a refund under (b) and subsequently purchases another test that is not successful, the user will not be entitled to a re-test or a refund for that purchase. Despite established standards for the processing of saliva samples, a small fraction of data processed during the laboratory process may not be capable of interpretation or may be incorrect (referred as “Errors”). Users are not entitled to refunds arising from Errors.


7. USER REPRESENTATION

  1. By accessing The Essential Genome Co. Services, you agree to, acknowledge, and represent as follows:
  2. You understand that the information you obtain from The Essential Genome Co. is not designed to diagnose, prevent, or treat any conditions, or to discover the state of your health without clinical and medical information.
  3. You understand that statements made by The Essential Genome Co.—including any information on the Essential Genome™—report have not been  evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
  4. You understand that the The Essential Genome Co. services are only for research, informational, and educational purposes, and that while information provided by The Essential Genome Co. might suggest a propensity towards a particular illness or health condition, or point to a possible diagnosis or treatment, it should always be confirmed and assessed by clinical and medical information and testing. The Essential Genome Co. does not provide any health or medical treatment or advice.
  5. You understand that The Essential Genome Co. encourages you to seek the advice of your health care providers or your physician if you have questions or worries regarding your Genetic Information.
  6. You give permission to The Essential Genome Co., its contractors, successors, and assignees to perform genetic services on the DNA extracted from the saliva sample you provide. You also give permission to request The Essential Genome Co. to disclose your DNA analysis results to you and to other people that you specifically authorize.
  7. If you provide a saliva sample or if you access your Genetic Information, you confirm that you either (a) are above the age of majority in the jurisdiction in which you reside or (b) have the requisite permissions as described in Section 4.
  8. You guarantee that the sample you provide is coming from your saliva; and if you are agreeing to these TOU on behalf of someone else from whom you have legal authorization, you guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf.
  9. If you are providing your saliva sample from a place outside of the United States, you confirm that this action is not subject to any export ban or restriction in the country where you live.
  10. You acknowledge that any saliva sample that you provide and its resulting information can be transferred and/or processed outside the country where you live.
  11. You guarantee that you do not represent an insurance company and are not trying to obtain information about an insured person or an employee.
  12. You acknowledge that some information you receive can provoke strong emotions.
  13. You are responsible for all of the consequences resulting from sharing your Genetic Information and Self-Reported Information with others.
  14. You acknowledge that all of your Personal Information will be kept in The Essential Genome Co. databases and will be processed as stated by the The Essential Genome Co. Privacy Statement.
  15. You acknowledge that by having your Genetic Information analyzed, accessing your Genetic Information, or providing information about yourself, you do not have any proprietary or other rights in any research or products that might be developed by The Essential Genome Co. or its partners. You understand that you will not benefit in any way from research or from products resulting from your Genetic Information or Self-Reported Information.
  16. You acknowledge that you are subject to the European Union General Data Protection Regulation (EU GDPR) and that you do not reside in a location that is subject to the GDPR.
  17. You agree that you have the authority, under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these TOU in any manner, The Essential Genome Co. has the right to terminate your account and refuse the future use of The Essential Genome Co. Services and you will indemnify and hold harmless The Essential Genome Co. and its affiliates against any liability or damages that may arise in case these contracts are broken.

8. CREATING AN ACCOUNT, PASSWORD, AND SECURITY OBLIGATIONS

In return for your use of The Essential Genome Co.’s Services, you agree to: (a) provide accurate and current Registration Information about yourself as requested by the Services; and (b) maintain and update your Registration Information to keep it accurate and current. If you provide information that is inaccurate or not current, or if The Essential Genome Co. suspects that your Registration Information is inaccurate and not current, The Essential Genome Co. has the right to terminate or suspend your account and refuse any current or future use of the Service.

You must create a password for your account. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all of the activities that happen under your password and account. If you allow others to access The Essential Genome Co.’s website through your account and password, you will indemnify The Essential Genome Co. and its affiliates against any liability or costs arising from claims by other people based on the access and use of your account

You agree to: (a) immediately notify The Essential Genome Co. of any use of your password or account that has not been authorized; and (b) exit from your account after each session. THE ESSENTIAL GENOME CO. EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.


9. THE ESSENTIAL GENOME CO. PRIVACY STATEMENT AND DISCLOSURE INFORMATION

In order to use the Services, you must acknowledge and accept the Privacy Statement. You may not be able to use the Services if you do not accept the Privacy Statement. You can acknowledge and accept to the Privacy Statement by using the services.

You acknowledge and accept that The Essential Genome Co. personnel can and may monitor the use of its systems and can keep copies of such monitoring.

Refer to the Privacy Statement to learn more about data protection as it relates to all of your information. You can see the complete Privacy Statement here.


10. LIMITED LICENSE

You acknowledge that the content from the Services available to you, whether it is original content from The Essential Genome Co.’s Services or sponsored Services content, is protected by copyright and intellectual property rights owned by The Essential Genome Co. and/or the sponsors who provide the content (or other people or companies on their behalf). The Essential Genome Co. does not grant you permission to share any of the content unless explicitly indicated. You may not modify, lease, sell, distribute or create works based on the Services content unless you have been told you can do so by The Essential Genome Co. or by the content owners in a separate written contract or agreement.


11. USER CONDUCT: UNLAWFUL AND PROHIBITED USE

You guarantee that you will not use the Services for any unlawful or prohibited purposes. You are prohibited from using the Services in any way that could damage or impair the Services, or interfere with someone else’s use of the Services. You cannot try to or obtain any information through any ways that are not made available explicitly through the Service.

Additionally, you specifically agree to not use the Services to:

  1. impersonate another person, including anyone affiliated to The Essential Genome Co., or misrepresent your affiliation with someone else;
  2. add your own headers or manipulate identifiers to disguise the origin of any content that is shared through the Service;
  3. use software, devices or services to interact with the Services or The Essential Genome Co.’s servers unless explicitly permitted by The Essential Genome Co.;
  4. engage in “framing” or simulating the function of The Essential Genome Co.’s website;
  5. override, or attempt to override, security components in The Essential Genome Co.’s web services;
  6. interfere or disrupt the Services, networks, or users that are connected to the Services, or disobey any requirements, policies, or regulations of networks that are connected to the Service;
  7. violate the TOU, codes of conducts, or any other applicable guidelines that apply to the area of Service or have been communicated to you by anyone from The Essential Genome Co.; or
  8. violate any municipal, provincial, national or international law, or any regulations within the law.
  9. You acknowledge and accept that you are responsible for (and that The Essential Genome Co. has no responsibility to you or someone else for) any violation of your obligations under the TOU and for the consequences that the violations might have, including any damage that The Essential Genome Co. might suffer. In case of any agreement violation, The Essential Genome Co. has the right to suspend or terminate your account and refuse any future Service use and you will indemnify The Essential Genome Co. and its affiliates against any costs or damages that might arise from the violations.

If you violate any of the terms found on this Section, or The Essential Genome Co. suspects that you violated the terms on this Section, The Essential Genome Co. has the right to suspend or terminate your account and refuse future use of the Services.


12. EXPORT CONTROL AND APPLICABLE LAWS AND REGULATIONS

You agree that you will abide by all applicable laws and regulations in your use of the Services and specifically that you will not violate any applicable export control rules. In addition, you agree that you will not do anything that would cause The Essential Genome Co. to violate any such statute, regulation or rule including, specifically, the European Union General Data Protection Regulation (GDPR).


13. YOUR PROPERTY RIGHTS OVER MATERIAL PROVIDED TO THE ESSENTIAL GENOME CO.

Genetic and Self-Reported Information: We will not disclose individual Genetic and/or Self-Reported Information to third parties without consent unless required by law (as described in our Privacy Statement). If you share any such information outside of The Essential Genome Co. website or services, you may cease to have control over the further dissemination of the information.

Once you submit your saliva sample and The Essential Genome Co. has analyzed it, the sample is irreversibly destroyed and it cannot be returned to you. See the website for more information regarding sample processing. Any Genetic Information taken from your saliva sample remains your information but is subject to the rights that are expressed in these TOU. You acknowledge that you should not expect any type of financial benefit from The Essential Genome Co. from having your Genetic Information (including Self-Reported Information) processed or shared with research partners, including commercial partners.

Waiver of Property Rights. You acknowledge that by providing any saliva sample, having your Genetic Information analyzed, accessing your Genetic Information, or sharing Self-Reported information, you have NO RIGHTS WHATSOEVER IN ANY PRODUCTS THAT MIGHT BE DEVELOPED BY THE ESSENTIAL GENOME CO. OR ANY THIRD PARTY. You acknowledge that you will not receive any compensation for research or commercial products that result from your Genetic Information or Self-Reported Information.


14. INDEMNITY

You agree to defend and hold harmless The Essential Genome Co. and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, from any claims, including attorney’s fees, made by any third party from the User Content submitted or shared through the Service, your Service use, your Service connection, your TOU violations, or any other rights violation(s).

If you have provided The Essential Genome Co. with a saliva sample or you have provided your Genetic Information through AncestryDNA, 23andMe, or MyHeritageDNA (or some other third-party genetic testing service), you will indemnify The Essential Genome Co., its employees, contractors, successors, and assigns from any liability from the use or disclosure of any information obtained from the genetic analysis of your saliva sample, the analysis of your Genetic Information, the integration of your 23andMe genetic data or some other third-party genetic testing service, or results from third party add-ons that are provided in the future.

You further agree that you will indemnify and hold harmless The Essential Genome Co. and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any harm, damage, costs and expenses derived from or attributable to your violation any portion of these TOU.

Additionally, if you want to provide your Genetic and/or Self-Reported Information to third parties, you agree to indemnify The Essential Genome Co., its employees, contractors, successors, and assigns from any liability resulting from such disclosure of your Genetic and/or Self-Reported Information.

You also agree that you understand that users who are subject to the European Union General Data Protection Regulation (GDPR) are prohibited from utilizing the Services. Nonetheless, if you otherwise provide Genetic Information or make use of the Services, you agree to waive any rights you have under the GDPR.


15. NO RESALE OF SERVICE

Other than pursuant to Section 10 of this TOU or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Services, the use of the Services or access to the Services for any commercial purposes.


16. GENERAL PRACTICE REGARDING USE AND STORAGE

You understand that The Essential Genome Co. may establish practices and limits concerning Service uses, such as the maximum number of days that Personal Information and Services content are retained by the Service, the maximum disk space allowed on The Essential Genome Co.’s Services respecting your account, and the maximum number of times you can access the Services in a given period of time. You understand and accept that The Essential Genome Co. has no responsibility or liability for the deletion of messages or content maintained or shared by the Services; or for the loss of Genetic Information because of the malfunction of data servers or other events. You also should understand that The Essential Genome Co. has the right to change these practices and limits at its own discretion.


17. SERVICE MODIFICATIONS

The Essential Genome Co. has the right to modify or discontinue the Services at any time with or without any prior notice. You understand and accept that (i) modifications can result in a computational delay from some of The Essential Genome Co. features or Services, and (ii) The Essential Genome Co. cannot be liable to you or any third party for any modification or discontinuation of the Services.

You understand that The Essential Genome Co. may offer different or additional software or features to analyze your Genetic Information in the future and that your initial purchase does not necessarily allow you to obtain additional technologies or features to analyze your Genetic Information without an additional fee. You may have to pay additional fees to have your Genetic Information collected and analyzed using additional technologies or features.


18. TERMINATION

The TOU will apply until The Essential Genome Co. or you terminate your obligations as described in this Section.
If you wish to terminate your legal agreement with The Essential Genome Co., you can do so by providing a written notice to The Essential Genome Co., as well as closing your accounts from all of the Services that were provided to you. Your notice should be written and sent to The Essential Genome Co.’s address, which is stated at the beginning of the TOU, or online through Customer Care. If you send the notice online, The Essential Genome Co. will send you an email to confirm this notice and it will be effective after receiving a second email confirmation from you.

The Essential Genome Co. can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:

  1. you violate any provision of the TOU or act in a way that shows you cannot comply with the provisions of the TOU;
    The Essential Genome Co. is required to do so by law;
  2. one of the partners that offered the Services terminates its relationships with The Essential Genome Co. or stops offering the Services to you;
  3. The Essential Genome Co. no longer plans to provide Services to users in your country of residence or where you use the Services; or
  4. the Service provided to you by The Essential Genome Co. is, in The Essential Genome Co.’s opinion, no longer commercially viable.
  5. Any suspected illegal activity can be grounds for terminating your Service use and can be referred to the appropriate law enforcement authorities. You understand that The Essential Genome Co. will not be liable to you or any third party for terminating Service use.

19. TERM SURVIVAL

A termination of the TOU or a user account will not affect any existing obligations of the user to The Essential Genome Co., nor will it affect any rights or remedies of the parties that have accrued up to the termination.


20. DEALINGS WITH INFORMATION PROVIDERS AND LISTED RESOURCES

Your correspondence or business dealings through promotions, vendors, and other resources found on the The Essential Genome Co. Service—including payment and shipping of goods and services and any other terms and conditions associated with such dealings—are exclusively between you and the such providers. You agree that The Essential Genome Co. cannot be held responsible or liable for any loss or damage resulting from these dealings or as a result of this information provided on the Services.


21. HYPERLINKS AND THE ESSENTIAL GENOME CO. WEBSITE

The Essential Genome Co. Service provides, and other third parties can also provide, links to other websites and scientific resources on the Internet. The Essential Genome Co. has no control over these websites and resources. Therefore, you understand and accept The Essential Genome Co. cannot be held responsible or liable for any damage or loss caused by or in connection to the use of this content that might be available through the hyperlinks.


22. THE ESSENTIAL GENOME CO.’S PROPRIETARY RIGHTS

You understand and agree that The Essential Genome Co. owns all the legal rights and interests to the Services, including intellectual property rights (including, but not limited to, patents, trademarks, copyrights, and trade secrets) that subsist in the Services. You also understand that the Services can contain information deemed as confidential by The Essential Genome Co. and you cannot disclose this information without The Essential Genome Co.’s permission and written consent.

Additionally, you agree that the Services, and any other software used for the Services, contain information that is both confidential and proprietary and is protected by intellectual property laws. You also acknowledge that the information provided to you through our Services is protected by copyrights, trademarks, patents, trade secrets, and other laws.
Except as authorized by The Essential Genome Co., you accept to not modify, sell, distribute, or create derivative works of any information found on the Services. All of the Software that can be downloaded through the Services is copyrighted. Your Software use is governed by the terms of the license agreement, which is included with the Software (“License Agreement”). You shall not try to install or use any Software that has a License Agreement without first agreeing to the License Agreement terms.

The Essential Genome Co. and other The Essential Genome Co. logos, products, and service names are The Essential Genome Co. trademarks and these trademarks along with any other The Essential Genome Co. trade names, logos, and brand features are “The Essential Genome Co. Marks.” Unless you have agreed otherwise by written consent with The Essential Genome Co., other than through the Limited License in Section 10, nothing in the TOU gives you the right to use The Essential Genome Co. Marks and you agree not to display or use in any way the The Essential Genome Co. Marks.
You accept that you cannot and will not remove, obscure, or alter any proprietary rights notices including copyright and trademark notices that might be contained within the Services.

Unless you have been authorized through writing by The Essential Genome Co., you agree not to use any trademarks, trade names, or logos of any company or organization through the Services in a way that is intended to cause confusion about such marks, names, and logos, or to suggest sponsorship or endorsement by The Essential Genome Co.

For any Software that does not have a License Agreement, The Essential Genome Co. grants you a personal, non-transferable right and license to use the code of its Software on one computer. You cannot allow a third party to copy, modify, or create a derivative work through reverse engineering, or attempt to discover any code or transfer any right in the Software unless it is permitted by law or unless you have been given written permission by The Essential Genome Co..
This license is allowed solely for the purpose of allowing you to use and enjoy the Services provided by The Essential Genome Co. as allowed by the TOU. Unless The Essential Genome Co. has given you specific written permission, you cannot assign your rights to use the Software, grant a security interest over the Software or transfer any part of your rights to use the Software. You agree not to modify the Software in any way or form or use modified versions of the Software, including for the purpose of obtaining prohibited access to the Service. You agree not to access the Service through other means except through the interface provided by The Essential Genome Co. Any rights that are not granted here are reserved.


23. WARRANTY DISCLAIMER

  1. YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
  2. YOUR SERVICE USE IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ESSENTIAL GENOME CO. EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABILITY WARRANTIES.

THE ESSENTIAL GENOME CO. MAKES NO WARRANTY THAT

  1. THE SERVICES WILL MEET YOUR REQUIREMENTS;
  2. THE SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE, OR ERROR-FREE;
  3. THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE;
  4. THE QUALITY OF THE PRODUCTS, INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICES AND ANY OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET ALL OF YOUR EXPECTATIONS; AND
  5. ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULT FROM DATA DOWNLOAD.

NO ADVICE, RECOMMENDATION, SUGGESTION, OR PROPOSED ACTION (ORAL OR WRITTEN) OBTAINED FROM THE ESSENTIAL GENOME CO. OR THROUGH THE SERVICES SHOULD CREATE A WARRANTY THAT IS NOT EXPLICITLY EXPRESSED IN THE TOU.

YOU SHOULD ALWAYS BE CAUTIOUS WHEN GIVING ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. THE ESSENTIAL GENOME CO. DOES NOT CONTROL THIRD PARTIES TO WHOM YOU MAY DISCLOSE YOUR INFORMATION THROUGH THE USE OF THE SERVICES. THE ESSENTIAL GENOME CO. DISCLAIMS ANY LIABILITY ASSOCIATED WITH ANY ACTIONS THAT RESULT FROM YOUR PARTICIPATION IN THE SERVICES.


24. LIABILITY LIMITATION

WITHIN THE LIMITS ALLOWED BY LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT THE ESSENTIAL GENOME CO. SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DAMAGES FOR PERSONAL INJURY (INCLUDING DEATH), ILLNESS, LOSS OF PROFITS, USE, DATA OR OTHER LOSSES (EVEN IF THE ESSENTIAL GENOME CO. HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM:
THE USE OR INABILITY TO USE THE SERVICES;

ANY ACTION TAKEN BASED ON INFORMATION OR ADVICE RECEIVED FROM, OR RECOMMENDATIONS, SUGGESTIONS OR ACTION PROPOSALS MADE BY, THE SERVICES OR THROUGH THEM;
YOUR FAILURE TO KEEP YOUR ACCOUNT AND PASSWORDS CONFIDENTIAL AND SECURE;
THE COST OF PROCUREMENT RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES BOUGHT OR OBTAINED OR MESSAGES RECEIVED THROUGH OR FORM OUR SERVICES; PROHIBITED ACCESS TO DATA OR ALTERATION OF YOUR DATA TRANSMISSIONS;

PROHIBITED ACCESS TO DATA OR ALTERATION OF YOUR DATA TRANSMISSIONS;

IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING TO HAVE REQUISITE AUTHORITY; OR
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.


25. NOTICE

Notices can be provided to you through email or regular mail. The Essential Genome Co. might also give notices of changes to its TOU or other matters by sending notices or links to notices to you or through the Services. Official notices relating to this TOU must be sent to:

ESSENTIAL GENOME, LLC.
747 N 2600 W
Lehi, Utah, 84043

In addition, The Essential Genome Co. accepts service of process at this address. Any notices that you provide without compliance with what is seen in this section will have no legal effect.


26. CHANGES TO THE TERMS OF USE

The Essential Genome Co. can make changes to the TOU from time to time. When these changes are made, The Essential Genome Co. will make a new TOU copy that will be available on its website. Any new terms will be available from or through the Services.

You understand and accept that if you use the Service after the date the TOU was changed, The Essential Genome Co. will treat your use as an agreement of the updated TOU.


27. VIOLATION OR SUSPECTED VIOLATION OF TERMS OF USE

If you violate any of the TOU terms and/or The Essential Genome Co. has suspicions that you violated the terms of these TOU, The Essential Genome Co. has the right to suspend or terminate your account and refuse future or current use of the Services.


28. MISCELLANEOUS

Entire Agreement
The TOU represents the entire agreement between you and The Essential Genome Co. It governs your Service uses and replaces any prior agreements made between you and The Essential Genome Co. on this matter. You can also be subject to additional terms and conditions that may apply when you use the Services, content or software.

Applicable Law and Arbitration
Except regarding disputes relating to intellectual property rights, obligations, or claims, disputes with The Essential Genome Co. arising from Agreement (“Disputes”) will be governed by the laws of Utah within the United States regardless of your domicile or where you access The Essential Genome Co. Services. Any Disputes shall be resolved by arbitration in accordance with the Utah Uniform Arbitration Act, and shall be held in Salt Lake City, Utah, in English, with written reasons from the arbitrator at either party’s request, and with arbitration costs and solicitor fees of both parties to be borne by the party that loses. Either party can obtain injunctive relief, orders to compel arbitration, or orders to enforce arbitral awards in any court of competent jurisdiction.

Waiver
Failure from The Essential Genome Co. to enforce any right or provision form the TOU should not constitute a waiver of such right or provision. If any TOU provision is found by a court of competent jurisdiction to be invalid, the parties will agree that the court should endeavor to give effect to the party’s intentions as they are reflected in the provision, and the other TOU provisions shall remain in full force and effect.

Limitation of Action
You agree that regardless of any law that states the contrary, any claim or cause of action from or related to the Services use or the TOU must be filed within one (1) year after the claim or the cause of action is made.
Admissibility of Printed Versions. A printed version of this agreement and any electronic notice shall be admissible in judicial or administrative proceedings to the same extent as similar conditions in other documents that are originated and maintained in printed form.

Severability
If any TOU portion is found to be null, void, voidable or unenforceable, the portion that remains is in full force and effect.

Amendments
We hold the right to modify or replace the TOU, which are effective as they are posted at www.essentialgenome.com or as notified otherwise. If you disagree with any changes, you may terminate this Agreement at any time as stated in Section 18 (Termination).

Assignment
You shall not assign any rights or obligations under this Agreement. Any assignment and delegation shall be deemed ineffective. We can assign or delegate all rights and obligations under the Agreement without notice to you. We can also substitute (upon notice to you) The Essential Genome Co. for any third party that will assume our rights and obligations under this Agreement.[/vc_column_text][/vc_column][/vc_row]