EUROPEAN DATA PROTECTION RIGHTS

If you are a person located in the European Economic Area (EEA), Switzerland and the UK, you have additional rights under the General Data Protection Regulation (GDPR).

Controller

LifeDNA Inc. is the controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to our privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to provide you products and services and in a secure environment. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation.

Pursuant to the GDPR, we will use your personal information in one or more of the following circumstances:

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following these opt-out steps in our communications.

• For email:Open any email that you have received from LifeDNA. At the bottom of the email, click on ‘Unsubscribe’ in order to be removed from our email list. Please note that by doing this, you will no longer be able to receive important updates and announcements pertaining to your reports, orders, exclusive discounts, upcoming features, and other personalized DNA services.
• For SMS:Send STOP to +1 (910) 415-1846 in order to opt-out. Please be reminded that by doing so, you will no longer receive notifications on exclusive offers and discounts available to SMS subscribers.

If you’re having issues, please contact us at [email protected] anytime.

Your Legal Rights

You have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data 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 processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us:

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

You are not required to pay any charge for exercising your rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. We have 30 days to respond to you.

For residents of France, you can send us specific instructions regarding the use of your data after your death.

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights described above).

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that your Personal Information is not disclosed to any person who has no right to receive it.

Controller of your Personal Information

We have appointed EU Business Partners as our representatives in the EU for the purposes of Article 27 of the General Data Protection Regulation. You may contact our EU representative, as well as us directly, with any query that you may have in relation to your personal data. The contact details of our EU representative are as follows:

EU Business Partners’ role in this respect is limited solely to being a contact point for questions on data protection from persons located in the EEA or UK and data protection supervisory authorities.

HOW TO CONTACT US

To register a complaint or concern, please contact us at [email protected]

Subprocessors

Last Updated: Mar 22, 2024

To support the delivery of our Services, LifeDNA (“LifeDNA”) (or one of its Affiliates) uses service providers (each, a “Subprocessor”) that may store and process Customer Data (which may contain personal data). This page provides important information about the identity, location and role of each Subprocessor. LifeDNA engages different types of sub-processors to perform various functions as explained below. Terms used on this page but not defined have the meaning set forth in the Terms of Service or if applicable, the superseding written agreement between LifeDNA and Customer (the “Agreement”).

Third Parties

LifeDNA currently uses third party Subprocessors to provide infrastructure services, and to help us provide customer support and email notifications. Prior to engaging any Subprocessor, LifeDNA performs commercially reasonable diligence to evaluate their security, privacy and confidentiality practices, and executes an agreement implementing its applicable obligations.

Infrastructure Subprocessors

LifeDNA may use the following Subprocessors to host or store Customer Data or provide other infrastructure that helps with delivery of our Services:

Other Subprocessors

LifeDNA may use the following Subprocessors to host or store Customer Data or provide other infrastructure that helps with delivery of our Services:

LifeDNA Affiliates

Depending on the geographic location of a Customer or their authorized users, and the nature of the Services provided, LifeDNA may also engage one or more of the following Affiliates as Subprocessors to deliver some or all of the Services to a Customer:

Updates

As our business grows and evolves, the Sub Processors we engage may change. We will endeavor to provide the owner of Customer’s account with notice of any new Subprocessors to the extent required under the Agreement, along with posting such updates here.

Addendum to the Privacy Notice for EU Residents on International Data Transfers

Effective Date: March 22, 2024

LifeDNA Inc. understands the importance of privacy and data protection for our customers, especially concerning the international transfer of personal data from the European Union (EU) or European Economic Area (EEA) to the United States (US). This addendum to our Privacy Notice for EU Residents clarifies the legal bases and safeguards we employ to protect your data during such transfers.

1. Legal Basis for Data Transfer

The international transfer of personal data from the EU to the US by LifeDNA Inc. is based on the following legal grounds under the General Data Protection Regulation (GDPR):

Standard Contractual Clauses (SCCs): We use SCCs approved by the European Commission, which provide specific data protection and privacy guarantees for the transferred data.

Explicit Consent: For the processing of sensitive data, such as genetic information, we obtain explicit consent from our customers, ensuring they are fully informed of the data transfer and its purpose.

2. Scope and Purpose of Data Transfers

Purchasing DNA Kits: Personal data collected during the purchase and processing of DNA kits, including payment details and genetic information from saliva samples, is transferred to the US for necessary processing to provide our services. DNA kits are not currently available for purchase in the EU or EEA at this time.

Uploading DNA Data: When customers upload their genetic data to our platforms, this data is transferred to our US-based servers for analysis and report generation.

3. Safeguards for Protecting Your Data

To ensure the protection of your data during international transfers, LifeDNA Inc. has implemented the following safeguards:

Adherence to Standard Contractual Clauses (SCCs): We commit to the data protection obligations set forth in the SCCs, ensuring that any data transfer complies with GDPR standards.

Encryption and Security Measures: We employ robust encryption and security measures to protect your data against unauthorized access, alteration, and loss. These measures are regularly reviewed to align with the latest security standards.

Data Minimization and Limitation: Only the necessary data for processing is transferred, and it is strictly used for the purposes outlined in our privacy notice.

Subprocessor Oversight: We ensure that any third-party service providers or sub-processors who handle your personal data are contractually obligated to meet GDPR compliance standards, including data protection, privacy, and security requirements.

4. Your Data Protection Rights

As an EU resident, you have the right to access, rectify, erase, or restrict the processing of your personal data at any time. Additionally, you have the right to object to data processing and the right to data portability as stipulated by the GDPR.

5. Contact Information

For any inquiries regarding the international transfer of your data or to exercise your data protection rights, please contact us at:

LifeDNA Inc.

1050 Queen St., 100

Honolulu, HI 96814

Email: [email protected]

Phone: +1 877-543-3362