Legal terms

tellmeGen™

Conditions of access and use of the website

1. General aspects

1.1 Identification data of the Information Society Service Provider (GENELINK S.L.).

In accordance with Article 10 of Law 34/2002, on Services of the Information Society and Electronic Commerce, it is hereby informed that GENELINK, S.L., trading under the name tellmeGen (hereinafter, "TELLMEGEN"), a company registered in the Commercial Registry of Valencia, Volume 9817, Book 7099, Folio 82, Sheet V-160314, Entries 1 and 2, with CIF B98649494, is the holder of the activity carried out, among others, through the website https://www.tellmegen.com/en. The registered office of TELLMEGEN is located at calle Arquitecto Mora, 5 – 4, Valencia, 46010, Spain. If you wish to contact us, you can do so at the aforementioned address, as well as via e-mail: [email protected]. Additionally, TELLMEGEN states that it has obtained the corresponding prior administrative authorization for the exercise of its activity granted by the Conselleria de Sanitat of the Generalitat Valenciana (file nº AU/3340/2014). Specifically, TELLMEGEN is registered in the Regional Register of Centers, Services, and Health Establishments of the Generalitat Valenciana with the nº 11540.

1.2 Acceptance and Validity of the General Conditions.

Both the navigation and the use and/or acquisition of any of the services offered on this website attribute to you the condition of User and imply your full and unreserved acceptance of each and every one of the General Conditions (hereinafter, the "General Conditions") in force at the time you, as a User (hereinafter, the "User"), access the page https://www.tellmegen.com/en (hereinafter, "the Website" or simply "the Web"). TELLMEGEN may, at any time and without prior notice, modify these General Conditions by publishing such modifications on the Website so that Users can be aware of them at all times, reserving the right to unilaterally modify, at any time and without prior notice, the presentation, configuration, and contents of the Website, as well as the conditions required for its use. Therefore, TELLMEGEN recommends that the User print or save and, in any case, read the General Conditions each time they access the Website. Likewise, it reserves the right to suspend or terminate, at any time and without prior notice, all or part of the services offered on the Website.

2. General conditions for the use of the web page.

2.1 Web page use.

The User agrees to use the Website in accordance with the Law, these General Conditions, generally accepted moral standards and good customs, and public order, being liable to TELLMEGEN, or to third parties, for any damages that may be caused as a result of the breach of this obligation. The User will refrain from using the Website for illegal purposes or effects, contrary to what is established in these General Conditions, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, or deteriorate the Website or the server on which it is hosted, or impede its normal use or enjoyment. In cases where it is necessary to use a username (hereinafter, "login") and password (hereinafter, "password") for the use of any of the services included on the Website, the User agrees to use them diligently and not to make their login and password available to third parties, and must notify TELLMEGEN as soon as possible of their loss, theft, or any other circumstances that may have compromised their confidentiality.

2.2 User Obligations.

The User is obliged to: • Provide truthful information and keep it updated. • Not to introduce, store, or disseminate information or material that is defamatory, injurious, obscene, threatening, xenophobic, incites violence, discrimination based on race, sex, ideology, religion, or any other social or personal condition or circumstance, or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties and, in general, the current legislation. • Not to introduce, store, or disseminate computer programs, data, viruses, code, hardware or telecommunications equipment, or other electronic or physical devices that may cause damage to the Website, the services offered on the Website, the equipment, systems, or networks of TELLMEGEN, any User, TELLMEGEN's suppliers, or any third party in general. • Adequately safeguard the login and password provided by TELLMEGEN and not to transfer their use or allow access to third parties. • Not to carry out advertising, promotional, or commercial exploitation activities through the Website not expressly authorized by TELLMEGEN. • Not to use false identities or impersonate others in the use of the Website or in the use of any of the services on the Website. • Not to destroy, alter, use for their own use, disable, or damage the data, information, programs, or electronic documents of TELLMEGEN, its suppliers, or third parties. • Not to introduce, store, or disseminate content that infringes on the intellectual property, industrial property, or trade secrets of third parties.

2.3 Exoneration of responsibility.

TELLMEGEN will only be liable for damages that the User may suffer as a result of using the Website when such damages are directly attributable to it. As for the information and content included on the Website or those that may be accessed as a result of the links established therein, TELLMEGEN does not guarantee, in any way, either access at a specific time to such information and content, nor its accuracy, nor its timeliness or update, nor its suitability or usefulness for the purposes of the User. TELLMEGEN is not responsible for damages of any nature that may be due to the transmission, dissemination, storage, provision, reception, obtaining, or access to the content included on the Website or those that are accessed as a result of the links established therein. TELLMEGEN is exempt from any liability for the improper or unauthorized use of the login and password and for the lack of diligence of the User in preserving their secrecy. Likewise, TELLMEGEN is exempt from any liability for damages of any nature that may be due to: • The presence of viruses or other harmful elements on the Website. • Interferences, omissions, interruptions, malfunctions, and/or disconnections in the operational functioning of the electronic system or in the devices and computer equipment of the Users, caused by reasons beyond TELLMEGEN's control. • Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems. • Unauthorized intrusions by third parties beyond TELLMEGEN's control. • Discrepancies between the information, documentation, and other content of the Website and the printed version. • The impossibility of providing the service or allowing access due to causes not attributable to TELLMEGEN, due to the User, third parties, or force majeure situations.

TELLMEGEN's liability for any damages of any kind that may be attributable to it shall not exceed, in any case, by express agreement between the parties, the amount determined in each case in the specific terms and conditions of the acquired service. In the absence of such agreement, TELLMEGEN's total liability, except in cases of willful misconduct or gross negligence, shall be limited to the price paid by the corresponding User to TELLMEGEN (excluding any applicable taxes).

2.4 Utilization of hyperlinks.

The Internet user who wants to introduce links from their own websites to the Website must comply with the conditions detailed below without the ignorance of them avoiding the responsibilities derived from the Law. The link will only link to the home page or main page of the Website but will not be able to reproduce it in any way (inline links, copy of texts, graphics, etc.). In any case, it will be prohibited, in accordance with the applicable and current legislation at any given time, to establish frames of any kind that wrap the Website or allow the visualization of the contents through Internet addresses different from those of the Website and, in any case, when viewed together with external content to the Website in such a way that: • It produces, or may produce, error, confusion, or deception in users about the true origin of the service or content. • It constitutes an act of unfair comparison or imitation. • It serves to take advantage of the reputation of the TELLMEGEN brand and prestige. • In any other way that is prohibited by current legislation.

No false, inaccurate, or incorrect statements will be made from the page that introduces the link about TELLMEGEN, its address, employees, clients, or the quality of the services it provides. In no case will it be expressed on the page where the link is located that TELLMEGEN has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies, or supervises the sender's services. The use of any nominative, graphic, or mixed trademark or any other distinctive sign of TELLMEGEN within the sender's page is prohibited, except in cases permitted by law or expressly authorized in writing by TELLMEGEN, and provided that, in such cases, a direct link to the Web page is allowed in the manner established in this clause. The page establishing the link must faithfully comply with the law and may not, in any case, provide or link to content owned by itself or third parties that: • Are illegal, harmful, or contrary to morality and good customs (pornographic, violent, racist, etc.). • Induce or may induce the User to falsely believe that TELLMEGEN endorses, supports, adheres to, or in any way backs the sender's ideas, statements, or expressions, whether lawful or unlawful. • Are inappropriate or not relevant to TELLMEGEN's activity considering the place, content, and theme of the sender's Web page.

The User will refrain from including any hyperlink (hereinafter, "link") directed to a Web page that contains illegal information or content, contrary to morality and generally accepted good customs, and public order.

2.5 Protection of Personal Data Policy.

TELLMEGEN recognizes the importance of protecting the privacy of the User of the Website, for which it has developed a Personal Data Protection Policy that it informs you of, so that the User can freely and voluntarily decide whether they wish to provide TELLMEGEN with the personal data that may be required or obtained on the occasion of their use of this Website and/or request for any of the services offered therein. TELLMEGEN reserves the right to unilaterally modify, at any time and without prior notice, its Personal Data Protection Policy to adapt it to the legislation in force at any time. To request information or, where appropriate, proceed with the contracting or acquisition of the services offered, Users must first provide TELLMEGEN with certain personal data that will be processed for the purposes of responding to queries made, where appropriate, formalizing the remote contracting, managing, administering, providing, expanding, improving, and adapting the services offered on the Website, as well as carrying out promotional and advertising activities by any means, which may be of interest to them. In accordance with Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights, the User will have the right to access, rectify, cancel, and oppose according to the current regulations regarding their personal data collected as established in the preceding paragraphs, and may do so by sending a photocopy of their ID, Passport, or equivalent identity document, to the contact address listed. Interested parties are informed that they can exercise their rights of access, rectification, and cancellation at the following address: calle Arquitecto Mora, 5 – 4 de Valencia, 46010, Spain, or at the email address [email protected]. The User expressly accepts the inclusion of the data collected during browsing the Website, or provided by completing any form, as well as those derived from the commercial relationship and/or delivery of the services purchased, in the aforementioned file. On the other hand, if the services offered through the Website that require the processing of particularly sensitive data (health) are contracted/used, the User expressly consents to the processing of such data by TELLMEGEN personnel, which will be carried out in accordance with the duty of secrecy and confidentiality set out in article 10 of the LOPD, adopting the security measures set out in Royal Decree 1720/2007, of December 21, which approves the LOPD Development Regulation (hereinafter, the “LOPD Regulation”). During the data collection process, and in each place on the Website where such data is requested, the User will be informed, either via a hyperlink or in the form itself, of the mandatory or non-mandatory nature of such data collection. TELLMEGEN undertakes to use the data included in the file to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with its obligation to keep them and adopt all measures to avoid alteration, loss, treatment, or unauthorized access, in accordance with the LOPD Regulation and other applicable regulations. Finally, in the case of minors, their personal data and genetic information will also be used confidentially, always prioritizing the minor's interest over any other in accordance with Organic Law 1/1996, of January 15, on the Legal Protection of Minors.

2.6 Use of cookies.

The Website uses "cookies" that allow TELLMEGEN to obtain a series of data from Users. What are cookies? Cookies are text and number files that contain small amounts of information that can be sent to the User's device (computer, smartphone, tablet, etc.) when they visit our Website. Although cookies are sent to a device, they cannot by themselves access personal information, nor transmit viruses, they only track browsing on the Website. If you visit our Website again, these cookies are sent back to our Website or to another site that recognizes the cookie, which allows us to recognize your device. How do we use cookies? Cookies are useful because they allow easier navigation between different pages, remember your preferences, and we use them to improve your online experience. We currently use our own session cookies, as well as technical, personalization, analytics, and advertising cookies. The latter allows the management of the advertising spaces that appear on the Website based on criteria such as the content or the frequency with which the ads are shown. Finally, we indicate that we use Google Analytics. This cookie is used to gather information about how our Website is used. We use the information to compile reports and as an aid to improve the Website. We do not share this information with third parties. The cookie gathers information anonymously, which means it cannot be linked back to the user. It collects data such as the number of visitors who have used our Website, where visitors come from to get to the page, and what pages they have visited. If you want more information about Google Analytics, you can check their online privacy policy. Here you can find information about privacy on Google Analytics: https://support.google.com/analytics/answer/2838718?hl=en&ref_topic=2790009. Social media cookies? On the other hand, the social networks with which TELLMEGEN interacts on the Website use cookies on their share buttons. TELLMEGEN has no intervention, control, or information on the results; they are the responsibility of each social network. When the User registers with social network credentials, they authorize the corresponding social network to save a persistent cookie that remembers their identity and guarantees access until it expires. The User can delete this cookie and revoke access by updating their preferences on the corresponding social network. TELLMEGEN recommends that the User review the terms of use and privacy and cookie policies of the social networks they use. How can I disable cookies? You can choose the option for your computer to receive a warning each time a cookie is sent, or you can choose to disable all cookies. To do this, you need to go to your browser's settings menu (Internet Explorer, Firefox, Chrome, etc.). Each browser is different, so we recommend that you consult your browser's Help menu to find out how to configure your cookies correctly. But remember that if you disable cookies, you may not have access to some features that make our Website more efficient. If you do not want your visit data to be communicated by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on. Here you can find more information about the installation and uninstallation of the mentioned add-on: https://tools.google.com/dlpage/gaoptout. The aforementioned sites are not TELLMEGEN websites, and we are not responsible for their content.

2.7 Intellectual and Industrial Property.

The content of the Web page (hereinafter, the "content"), which includes, but is not limited to, texts, photographs, graphics, images, icons, software, links, and other audiovisual content, as well as its graphic design and source codes, is the intellectual property of TELLMEGEN or third parties who have granted its use to TELLMEGEN. Such content is protected by national laws and international treaties relating to applicable intellectual property rights. Likewise, all trademarks, trade names, or distinctive signs of any kind that appear on the Web page are the property of TELLMEGEN or third parties who have, where appropriate, authorized TELLMEGEN to include and use them on the Web page. All industrial and intellectual property rights on this Web page are legally reserved, and access to or use of it by the User should not be considered, in any way, as the granting of any license to use or right over any asset owned by TELLMEGEN or third parties. The total or partial reproduction by any means of the content, trademarks, trade names, and distinctive signs of any kind included on the Web page, as well as the sale, transfer, lease, distribution, public communication, transformation, or any other use that may be given to them, without the express prior authorization of the corresponding owner, is totally prohibited and will be pursued civilly and, where appropriate, criminally, in accordance with applicable national laws and international treaties.

3. Conditions for the sale of the services offered on the web page

3.1. Pre-contract Information.

These general terms and conditions of contracting, together with the "Informed Consent" document and any particular conditions that may be established, will expressly regulate the relationships arising between TELLMEGEN and the Users who contract the services offered through the website. We inform you that in any case, the language in which the contract between TELLMEGEN and the Client will be finalized will be Spanish. These General Conditions have been prepared in accordance with the provisions of the Spanish legal system: in Law 34/2002 on Services of the Information Society and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Law 7/1996 on the Regulation of Retail Trade, regulations related to the defense of Consumers and Users, and any applicable legal provisions. The use and/or acquisition of any of the services offered through the website implies the User's acceptance, without reservations of any kind, of all the present General Conditions, as well as the particular conditions that, where appropriate, govern the acquisition. In this regard, the User accepts that TELLMEGEN's services are mainly limited by the following issues derived from genetic research: • Most genetic research and studies are conducted in the Caucasian population (white race); therefore, it is possible that the interpretations provided by TELLMEGEN may not be valid if the User does not belong to the aforementioned race. • The gene-disease relationships are usually based on ethnic identity, and the research focuses on limited populations; therefore, these studies may provide knowledge of a specific population but not of an individual member, and the relationships have not been studied in numerous populations, so they may not be valid for other populations. • Genetic research advances daily, and consequently, the current knowledge of the genetics of certain diseases or individual conditions could be partial and inaccurate.

Therefore, the User expressly accepts that TELLMEGEN does not guarantee that its services (including their results) are error-free, 100% accurate, reliable, and secure, that they have temporal continuity or meet certain expectations from Users. TELLMEGEN informs that the procedures for acquiring services are those described in these General Conditions, as well as any other specific ones indicated on the screen during navigation, so the User declares to know and accept these procedures as necessary to access the services offered on the Web page. Any modification and/or correction of the data provided by Users during navigation will be possible and must be carried out according to the indications included on the Web page. The services offered on the Web page, along with their characteristics and prices, will appear listed in the corresponding catalog, on the screen. TELLMEGEN reserves the right to decide at any time the services and, if applicable, products that will be contained and offered to Users through the Web page. Thus, TELLMEGEN may, at any time, add new services and/or products to those included on the Web page, understood, unless otherwise provided, that they will be governed by the provisions of the General Conditions in force at that time. Likewise, TELLMEGEN reserves the right to cease providing access, at any time and without prior notice, to any of the products or services offered on the Web page. VERY IMPORTANT: USERS OF THIS WEB PAGE MUST BE OVER 18 YEARS OLD and must follow the instructions included on the different screens of the Web page to formalize the desired purchase. Likewise, the User may access the Web page but will not be able to formalize any purchase if they reside in a country or territory whose applicable legislation prohibits them from contracting TELLMEGEN's services. In such cases, the availability of the Web page cannot be regarded as an offer by TELLMEGEN of its services to individuals accessing the Web from such countries or territories. In cases where TELLMEGEN's services are to be used on minors, it will be necessary for either of their parents or, if applicable, the one exercising parental authority, to contract the services. In the absence of parents, the holder of the guardianship will be the only one who can contract with TELLMEGEN. For TELLMEGEN's services to be provided to minors, those holding parental authority must prove this by sending a scanned copy of their ID and the minor's ID if they already have one, and the Family Book via electronic means to TELLMEGEN. In the absence of an ID, a scanned copy of the passport or equivalent identity document will be provided (both of the parent/holder of parental authority and of the minor if they already have a passport or equivalent identity document). If the person requesting TELLMEGEN's services for a minor is their guardian, they must prove this status by sending a scanned copy of the court judgment or resolution containing their appointment, along with their ID and the minor's ID if they already have one. In the absence of an ID, a scanned copy of the passport or equivalent identity document will be provided (both of the guardian and of the minor if they already have a passport or equivalent identity document). TELLMEGEN will not be responsible in any case for the truthfulness of the statements made by those declaring to be holders of parental authority or guardianship of the minor for whom any of the services described on the Web page are contracted. TELLMEGEN will also not be responsible for verifying the authenticity of the documentation provided by those contracting on behalf of the minor. TELLMEGEN will only communicate with Users of legal age.

3.2. Procedure for purchasing services.

To acquire TELLMEGEN's services, the User is required to complete the registration form with the necessary information, follow the on-screen instructions to select the desired service, and once these General Conditions and the purchase summary detailing the service(s) to be acquired have been accepted, provide the payment details –depending on the available payment method in each case. The information provided by the User to TELLMEGEN during the contracting process must be complete, true, and up-to-date. The purchase of this item implies the obligation to return the sample from the same country of purchase. If this is not your case, please contact us via email at [email protected] as it may incur additional costs.

3.3. Confirmation of the service purchased and usage instructions.

At the moment when TELLMEGEN has confirmation of the payment made by the User, within a maximum period of 24 hours, the User will receive a confirmation email, informing them of the purchase made and indicating the steps to follow in each case. If, exceptionally, the purchasing User does not receive the confirmation email within a maximum period of 24 hours, they must contact TELLMEGEN to report the incident at the email address [email protected]. In any case, prior to the formalization of the purchase and/or the use of other services such as the forum, the User must accept the particular conditions, which will be available to them at all times on the Website through which the purchase was made. Additionally, by purchasing any service from TELLMEGEN, the User accepts and guarantees: • That the provided saliva sample comes from the User themselves or from the person on whose behalf they have contracted the service and that no regulation prohibits them from providing such a sample. • That the User does not work for or is not related in any way to insurance companies, healthcare companies, or any other third parties that might have commercial interests in knowing the results of the service contracted with TELLMEGEN. • That they do not acquire TELLMEGEN's service with the intention of reselling it, copying it, reproducing it, or exploiting it commercially in any way, nor with the intention of criticizing, damaging, or performing any action contrary to TELLMEGEN and its activities.

3.4. Price and Method of Payment.

The prices in effect at the time of purchase are those displayed on the screen (including applicable taxes), on the summary page, before the purchase is finalized, except for typographical errors.

3.5 Disclaimer on the Informative Nature of the Test

The test offered by TELLMEGEN is purely informative. The results obtained are not diagnostic, nor are they intended to be. They should not be used for the treatment of pathologies or for making treatment recommendations. Users should consult qualified medical professionals for any health or medical condition-related issues.

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