PRIVACY NOTICE

GENINCODE PLC takes the privacy of personal data from its website users very seriously and undertakes to implement all the required measures and policies to protect and grant such privacy to any personal data controlled and/or processed by GENinCode.

GENinCode (includes either GENinCode Plc and its affiliates GENinCode S.L.U and GEN inCode US Inc, which ever entity you are contracting with) is a “controller” for the purposes of the the Data Protection Act 2018, EU General Data Protection Regulation 2016/679, and, Health Insurance Portability and Accountability Act of 1996 (HIPAA) (together the “Data Protection Legislation”) of your personal data. Therefore, any Personal Data collected from the GENinCode website www.genincode.com or from any other domain or subdomain owned and controlled by GENinCode, including the SITAB platform for Health Care Professionals (“Website”) and/or its social media profiles (LinkedIn, Twitter, Facebook etc.), will be handled and processed in accordance with this legislation.

GENinCode Plc is registered with the Information Commissioner’s Office, or ICO, under registration number ZB080422.

If you have any question about how GENinCode uses your personal information, please contact our Data Protection Officer/HIPAA Privacy Officer at dpo@genincode.com

GENERAL DEFINITIONS:

“Data Controller”’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

“Data Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

“Health Care Professionals” means physicians or any other health care professionals such as hospitals, nurses and other professionals offering specialized health care services (e.g., Geneticists, laboratory technicians and medical experts etc.). “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“User” means any person using and acceding the website and/or the social media profiles pertaining to different subject categories which includes, but it is not limited to general users of the website and social media, Health Care Professionals, patients or consumers, notifying third parties, job applicants, clients, suppliers and collaborators.

YOUR RIGHTS

In addition to the right to be informed about how we use your personal information (as set out in this privacy notice), you have various other rights in respect of the personal information GENinCode hold about you – these are set out in more detail below. If you wish to exercise any of these rights, please contact info@genincode.com

1. Access to your personal information: You can contact us to request the information we hold about you, as well as supplementary information such as why we have that information, who has access to the information and where we got the information
2. Withdrawing consent: If you have given us your consent to use your personal information, you can withdraw your consent at any time.  However, it will have been lawful for us to use the personal information up to the point you withdrew your consent.
3. Correction of your personal information: If the information we hold about you is out of date, incomplete or incorrect, you can ask us to update it.
4. Erasure of your personal information:  You can request that we erase the information we hold. When we receive your request, we will confirm whether the information has been deleted or tell you the reason why it cannot be deleted. For example, we may need to continue to hold your information if we need it for legal reasons or in connection with legal claims.
5. Objection to processing your personal information: You have the right to request that we stop processing your information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to us processing the information. Upon receiving the request, we will contact you to tell you if we are able to comply or if there is a compelling reason why we need to continue processing it – for example, we may need to continue holding the information for regulatory or legal reasons.
6. Objection to direct marketing: You have the right to request that we stop contacting you with direct marketing.
7. Portable data: You can ask us to provide you or a third party with some of the personal information that we hold about you in a structured, commonly used, electronic form, so it can be easily transferred. Once we have received your request, we will comply where it is feasible to do so.
8. Automated decision-making:  Automated decision-making takes place when an electronic system uses personal information to decide without human intervention. You have the right not to be subject to automated decisions that will create legal effects or have a similar significant impact on you, unless you have given us your consent, it is necessary for a contract between you and us or is otherwise permitted by law. You also have certain rights to challenge decisions made about you.

Some of these rights only apply in certain circumstance, so we may not be able to fulfil every request. If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure.

You can make a complaint to us by contacting us via dpo@genincode.com or to the data protection supervisory authority – in the UK, this is the ICO, at https://ico.org.uk/ in the in the EU: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm and in the US the Department of Health and Human Services https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html.

DATA COLLECTED BY GENINCODE

GENinCode may collect Personal Data from the following sources:

• Directly from the User: The User provides the data through the Website (e.g., application/contact forms/e-mail) or through the Social Media Profiles.
• Cookies and similar technologies: GENinCode uses different technologies to collect information when Users log into the Website. For further information, please see our Cookies Policy section.
• Directly from Health Care Professionals: Health Care Professionals may provide us with Personal Data on our website, via the SITAB platform or by other means (e.g., e-mail, fax etc.) in connection with the delivery of genetic testing services to their organisation.

Please note that the Health Care Professionals also share Personal Data with us relating to patients. In those cases, GENinCode acts as a Data Processor on behalf of the Health Care Professionals who are the Data Controller. We recommend you review your Health Care Professional’s privacy notice.

In all cases, GENinCode will only process personal and sensitive Personal Data for the intended use, and as expressly instructed by the Health Care Professionals and always following Data Protection Legislation.

The Personal Data used, handled, processed, and stored by GENinCode can be classified in the following general groups or categories:

1. Identification data and contact details: Name, address, date of birth, gender, nationality, [Tax ID number, ID or Passport number,] telephone, fax, e-mail, etc.
2. Health or sensitive data: Clinical data (specifically needed for the provision of the genetic testing services), results of laboratory tests and genetic recommendation reports.
3. Professional/academic data: Profession related data (e.g., position, medical speciality, health institution etc.), academic degrees, spoken languages, CV, etc.
4. Economic data: billing data
5. Technical Data: Log in passwords, IP address, browser type and version number

Please note that in the event a Health Care Professional uploads any patient data to our website or SITAB as part of the services that we provide, that in processing any such patient data, we are acting as a processor on behalf of the relevant Health Care Professional acting as controller. If your personal data has been submitted to our website or SITAB by a Health Care Professional, we would suggest reviewing the applicable Health Care Professional’s privacy notice which they are obliged to provide to you as the controller of your personal data.

Special Category Data

Special protection is given to personal information that is particularly sensitive. This is information about your health status and/or genetic data.

We may receive data from our Health Care Professionals. As set out above, we act as processors for certain Health Care Professionals who are controllers of your data, therefore, we recommend you view your Health Care professional’s privacy notice to understand how your personal data will be processed.

USE OF PERSONAL DATA

Personal Data will be used for the following purposes:

• Commercial management of our contacts and customers and to ensure the correct management of budgets, offers, promotions, news, billing, payment collection and customer support.
• User management, to respond to inquiries through the Website and obtain feedback on our services, products and content.
• General management to improve and personalize the user experience and adjust the content of the Website accordingly.
• Transmitting information and personalized content that may be of interest to the User (legitimate interests).
• Management of GENinCode newsletter and other commercial communications
• Improving the quality of our services and products (legitimate interests).
• For the prevention of fraud, violation, and any other possible misuses of the website and/or its applications.
• Management of job applicants and the selection processes of GENinCode.
• Management of requests from Health Care Professionals for the provision of the genetic test services through the SITAB platform.
• To respond to the requirements of the public or judicial authorised authorities.

LAWFUL BASIS

We collect and use personal data directly from you and also from other sources in the manner permitted by Data Protection Legislation.

GENinCode collects personal data on the following lawful basis:

• to comply with our legal and regulatory obligations;
• when necessary to enter into a contract or to perform a contract with you;
• when you have provided your explicit consent;
• when it is in our legitimate interests, for example to improve the products and services provided to customers and prospective customers.

In the table below we have provided specific examples of what data we collect and our lawful basis for processing that data.

PERSONAL DATA DISCLOSURE

We may share your personal data with the parties set out below for the purposes set out in the table [Purposes for which we will use your personal data] above.

Internal Third Parties which include Directors, managers and employees on a need-to-know basis.

External Third Parties which include our SITAB software provider.

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets.

Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We share your personal data within the GENinCode Group.

Whenever we transfer your personal data out of the UK and/or the EEA and/or US., we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved for use in the UK and/or the EEA and/or US which give personal data the same protection it has in the UK and/or the EEA and/or US.

STORAGE PERIOD

We will retain your personal data in accordance with our data retention policies, unless we are required to retain your personal information for a longer period to satisfy any legal and accounting or reporting requirements.

USER’S RIGHTS

The User is entitled to file a complaint with the relevant Data Protection Agency (“DPA”) of your EU country (list of DPA in the EU: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm), or in the UK, the ICO: https://ico.org.uk/make-a-complaint/ and in the US the Department of Health and Human Services https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html).

For any questions and requests regarding Data Protection Legislation and Personal Data use and processing within the UK, the EEA or US or related to UK,EEA or US citizens, please contact us at: dpo@genincode.com

SECURITY STATEMENT

According to the Data Protection Legislation GENinCode declares that applies the security technical, administrative, and organisational measures to protect the Personal Data collected against accidental or illicit destruction, alteration, disclosure or unauthorised access, especially when the processing implies the transmission of data over a network and in regard to any other illicit form of processing.

CHANGES TO THE PRIVACY POLICY NOTICE

Any modifications or updated to this Privacy Policy Notice will be posted on the Website. Please check the Website and this Privacy Policy Notice regularly for changes and updates.

Last updated: 04April 2024

SOCIAL MEDIA

GENinCode has several profiles on social media platforms, among them Facebook, Twitter, Instagram and LinkedIn. These platforms are used for communication and commercial purposes and to broaden our user contact User interaction with our social media profiles is conducted in-line with the privacy policies of each social media platform. The use of any social media implies data processing and access outside the European Economic Space, including in those countries that do not offer data protection legislation comparable to the European standards. Furthermore, the use and interaction through social media platforms or the GENinCode profiles implies the use of user data under the terms established within this privacy policy or that of the chosen social media platform. This data can be used for the purposes of behavioural advertising by social media platforms, pursuant to their privacy policies. This data processing is performed with the user’s consent when using these platforms for the periods established by each social media group. For further information regarding the processing of your data, please refer to the various privacy policies in:

TWITTER

LINKEDIN

FACEBOOK

INSTAGRAM

Legal notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. About our terms
   1. These terms tell you the rules for using this website (site).
   1. By using this site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use this site.
   1. We recommend that you print a copy of these terms for future reference.
2. Who we are and how to contact us
   1. The site is operated by GENinCode Plc a company incorporated in UK whose registered office is 1 St. Peters Square, Manchester, M2 3DE with a Company Registration number 11556598.
   1. We provide In Vitro Diagnostic testing services and products exclusively to medical professionals, clinics and institutions.
   1. Our services and website are not appropriate for, and should not be used directly by, consumers. Our website is aimed solely at health care professionals.
   1. To contact us, please email info@genincode.com or telephone our customer service line on (+44)1865 676125 in UK or (+34) 936 690 321 in Spain or (+1) 949 930-0462 in the US.
3. There are other terms that may apply to you
   1. These terms of use refer to the following additional terms and policies, which also apply to your use of this site:
      1. Our Privacy Policy which can be found here https://www.genincode.com/privacy-policy/ See further under clause 16.
      1. Our Cookie Policy which can be found here https://www.genincode.com/cookies-policy/ which sets out information about the cookies on our site.
   1. Separate terms and conditions apply to your use of the SITAB platform and our services which can be accessed on the SITAB site.

• We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand those that apply at that time. These terms were most recently updated on 04 April 2024.

• We may make changes to this site

We may update and change this site from time to time to reflect changes to our products, our users’ needs and our business priorities.

• We may suspend or withdraw this site
  • This site (which is a website providing information only and is separate from the SITAB platform) is made available free of charge. Your use of the SITAB platform and our testing services are governed by the Service User Terms which can be accessed on the SITAB site and any other agreements or terms that may apply from time to time.
  • We do not guarantee that this site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site that is made available free of charge.
  • We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  • You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  • This site is provided for informational purposes only.
• We may transfer these terms to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

• How you may use material on our site
  • We are the owner or the licensee of all intellectual property rights in this site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
  • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  • You are not permitted to use our registered trademarks displayed on the site without our prior written approval.
  • If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
• Do not rely on information on this site.
  • The content on our site is provided for general information only, it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
• We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them as we have no control over the contents of those sites or resources.

1. Our responsibility for loss or damage suffered by you
   1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
   1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
   1. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
2. use of, or inability to use, our site; or
3. use of or reliance on any content displayed on our site.

1. In particular, we will not be liable for:
2. loss of profits, sales, business, or revenue;
3. business interruption;
4. loss of anticipated savings;
5. loss of business opportunity, goodwill or reputation; or
6. any indirect or consequential loss or damage.
7. How we may use your personal information

We will only use the personal information that you provide (in your capacity as an individual acting on behalf of the business that you are representing) as set out in our privacy notice which can be found here https://www.genincode.com/privacy-policy/

1. Prohibited uses.
   1. You may use our site only for lawful purposes. You may not use our site:
      1. In any way that breaches any applicable local, national or international law or regulation.
      1. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
      1. For the purpose of harming or attempting to harm minors in any way.
      1. To bully, insult, intimidate or humiliate any person.
      1. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in these terms.
      1. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      1. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   1. You also agree:
      1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms.
      1. Not to access without authority, interfere with, damage or disrupt:
         1. any part of our site
         1. any equipment or network on which our site is stored
         1. any software used in the provision of our site
         1. any equipment or network or software owned or used by any third party.

1. We are not responsible for viruses and you must not introduce them
   1. We do not guarantee that our site will be secure or free from bugs or viruses.
   1. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
   1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
2. Rules about linking to our site
   1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
   1. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
   1. You must not establish a link to our site in any website that is not owned by you.
   1. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
   1. We reserve the right to withdraw linking permission without notice.
   1. The website in which you are linking must comply in all respects with the content standards set out in these terms.
   1. If you wish to link to or make any use of content on our site other than that set out above, please contact info@genincode.com
3. Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England. We both agree to the exclusive jurisdiction of the courts of England.

Cookies policy

COOKIES POLICY

GENinCode® has the legal obligation to inform and gain the consent of the user regarding the usage of cookies during browsing on https://genincode.com/

The following gives detailed information on the cookies used on this website, their characteristics, purposes and how they can be disabled.

Cookies

A cookie is a file downloaded onto your computer when accessing a given website. Among other things, cookies enable that website to store and recover information on the browsing habits of a user or their computer. Depending on the information they contain, and how their computer is used, cookies can facilitate recognition of the user and improve the service offered.

Types of cookies

This website uses cookies with the sole purpose of obtaining information on how users browse through the site, to improve the services it offers its user by knowing, for example, which are the most frequently requested. To do so, we use the Google Analytics service, the cookies we use do not collect any of our users’ personal data (names, surnames, addresses, bank or any other data).

Google Analytics is a web analytics service of Google, Inc., a company from the state of Delaware whose home office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States of America (“Google”). Google Analytics uses cookies to help us analyse how our users browse through the website. The information generated by this cookie on the usage of the website (including your IP address) will be directly transmitted and archived by Google in servers located in the United States. Google will use this information on our behalf with the purpose of knowing more about your use of the website, compiling reports on the activity of the website and providing other services related with website activity and Internet use. Google shall convey that information to third parties when so required by legislation or when said third parties process the information for Google. Google will not associate your IP address with any other data that Google has. You may reject the processing of the data or information by rejecting the use of cookies through the relevant configuration of your browser. However, if you do so you may be unable to use all of the functionality of this website.

Modify the configuration of cookies

You may restrict, block, or eliminate the cookies installed on your computer by configuring the settings of the browser installed on your computer:

Internet Explorer
FireFox
Chrome
Safari

Configuring your browser to reject all cookies, or expressly to reject the cookies of https://genincode.com/ will not block you from browsing through the website, although this browsing will not benefit from the functions that require the installation of certain cookies.

Types of cookies used according to need:

Necessary Cookies: Necessary Cookies are absolutely essential for the website to function properly. This category only includes cookies that function basic functionalities and security features of the website. These cookies do not store any personal information.

Non-Necessary Cookies: Non-Necessary cookies may not be particularly necessary for the website to function and are used specifically to collect personal data from the user through analysis, advertisements and other integrated content. It is mandatory to report its use and obtain the user’s consent on its use.