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SERVICE USER TERMS

These Service User Terms apply to your use of the SITAB platform (SITAB Platform) and the These Services (as defined below). These Service User Terms are published on 17th of February 2022.

About us
1. "GENinCode". "we" or "us" means GENinCode Plc is a company incorporated in England and Wales under number 1556598 whose registered office is at One, St. Peters Square, Manchester, United Kingdom, M2 3DE or to the extent that you have contracted separately with an Affiliate of GENinCode Plc to provide the Services, 'GENinCode' means the applicable Affiliate.
2. You or your means the clinic or other organisation engaging GENinCode to provide the Services (Organisation).
3. By using the Services on behalf of the Organisation, in your capacity as an individual, you represent and warrant that you have all necessary capacity and authority to enter into these Service User Terms on behalf of such Organisation as a legally binding contract between such Organisation and us in all applicable jurisdictions and that the Organisation enters into such contract.
4. To contact GENinCode, telephone our customer SITAB Platform team at +34 936 690 321 or email us at customerservice@genincode.com
Definitions and interpretation
1. The following definitions and rules of interpretation apply in these Service User Terms:
  
  Affiliate: means, in respect of any entity, any entity that directly or indirectly controls, is controlled by or is under common control with that entity within the meaning set out in section 1124 of the Corporation Tax Act 2010.
  Applicable Laws: mean all applicable statutes, common law, statutory instruments, orders, regulatory policies, binding codes of practice, binding guidance notes, bye-laws, rules of court and regulations, directives, notices or legally enforceable requirements of any local, statutory, governing or public authority or body, or any other lawfully constituted regulatory body having authority (including to the extent applicable EU regulations, directives, decisions and notices as applicable and all subordinate or delegated legislation made by such bodies or under such legislation).
  Applicable Data Protection Laws: means: (i) to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; and/or (ii) to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which GENinCode is subject, which relates to the protection of personal data.
  Authorised Users means, the named users authorised by GENinCode to use the SITAB Platform in accordance with the terms of these Service User Terms.
  Clinic Data: means all data (in any form) that is provided to GENinCode or uploaded or hosted on any part of the SITAB Platform or otherwise provided or transmitted by you or by any Authorised User and in connection with the Services, including the Clinic Personal Data.
  Clinic Personal Data: any personal data which GENinCode processes in connection with the SITAB Platform and the Services, in the capacity of a processor on behalf of you as a controller.
  Clinic Systems means all software and systems used by you or on your behalf, or any Authorised User in connection with the provision or receipt the Services and the SITAB Platform otherwise, links, inter-operates or interfaces with or utilises (in each case whether directly or indirectly).
  Confidential Information means all information (whether in oral, written or electronic form) relating to a party's business which may reasonably be considered to be confidential in nature including information relating to a party's technology, know-how, Intellectual Property Rights, assets, finances, strategy, products and customers.
  Documentation means any relevant instructions, information and processes relating to the Services or the SITAB Platform, including in respect of how to use any aspect of the SITAB Platform made available by GENinCode from time to time.
  EU GDPR: the General Data Protection Regulation ((EU) 2016/679) and any EU national regulation implementing and/or developing it, including Spanish Data Protection Act 3/2018.
  Force Majeure means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under these Service User Terms (provided that an inability to pay is not Force Majeure), including any matters relating to transfer of data over public communications networks and any delays or problems associated with any such networks or with the internet.
  Intellectual Property Rights means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case; whether registered or not; including any applications to protect or register such rights; including all renewals and extensions of such rights or applications; whether vested, contingent or future; and wherever existing.
  Permitted Downtime means: (a) scheduled maintenance; (b) emergency maintenance; or (c) downtime caused in whole or part by Force Majeure.
  Permitted Purpose means for the purpose of GENinCode providing you with the SITAB Platform solely as necessary for you to receive the full benefit of the Services in accordance with the applicable Documentation and these Service User Terms. Permitted Purpose expressly excludes any of the following to the maximum extent permitted by law: (a) copying, reproducing, publishing, distributing, redistributing, broadcasting, transmitting, modifying, adapting, editing, abstracting, storing, archiving, displaying publicly or to third parties, selling, licensing, leasing, renting, assigning, transferring, disclosing (in each case whether or not for charge) or in any way commercially exploiting any part of the SITAB Platform or Documentation; (b) permitting any use of the SITAB Platform or Documentation in any manner by any third party (including permitting use in connection with any timesharing or service bureau, outsourced or similar service to third parties or making the SITAB Platform or Documentation (or any part) available to any third party or allowing or permitting a third party to do any of the foregoing; (c) attempting to reverse engineer, observe, study or test the functioning of or decompile the SITAB Platform (or any part); all except as expressly permitted under these Service User Terms.
  Services: means the provision of genetic testing services by GENinCode and the access to the bioinformatics tools for In Vitro Diagnostic to you (and your Authorised Users) from time to time.
  Services Agreement: means any other terms, conditions or agreement entered into between GENinCode and you from time to time under which GENinCode agrees to provide the Services to you and/or access to the SITAB Platform.
  Service Period: means the period of service agreed between you and GENinCode from time to time.
  UK GDPR: has the meaning given to it in the Data Protection Act 2018.
2. A reference to writing or written includes faxes and email.
3. A reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time and a reference to legislation includes all subordinate legislation made from time to time under that legislation.
4. These Service User Terms are intended to supplement the terms of any Services Agreement and are incorporated into such Services Agreement.
5. If there is any conflict between the terms of these Service User Terms and the terms of any Services Agreement, the Services Agreement shall prevail.
SITAB Platform and Services
1. GENinCode shall provide the Services to you in accordance with the terms of the Services Agreement and these Service User Terms.
2. Subject to the terms of these Service User Terms, GENinCode grants to you a non-exclusive, non-transferable, licence to:
  1. Use the SITAB Platform (excluding any Permitted Downtime), as is strictly necessary for you to receive the Services for the Service Period.
  2. Copy and use the Documentation as strictly necessary for your use of the SITAB Platform in connection with clause 3.1(a) above.
3. Subject to GENinCode's right to amend the specification (see clause 6.3), GENinCode will supply the SITAB Platform and the Services to you in accordance with the specification for the SITAB Platform and Services appearing on GENinCode's website from time to time in all material respects.
4. You acknowledge that the SITAB Platform and the Services do not include:
  1. Any services, systems or equipment required to access the internet (and that you are solely responsible for procuring access to the internet and for all costs and expenses in connection with internet access, communications, data transmission and wireless or mobile charges incurred by it in connection with use of the SITAB Platform).
  2. Legal, accounting or other professional or regulated services and that, except as expressly stated in these Service User Terms, no assurance is given that the SITAB Platform will comply with or satisfy any legal or regulatory obligation of any person.
Authorised Users
1. You shall ensure that only Authorised Users use the SITAB Platform and the Services and that such use is at all times in accordance with these Service User Terms and your Services Agreement (to the extent applicable). You shall ensure that Authorised Users are, at all times whilst they have access to the SITAB Platform and the Services, your business' employees or contractors.
2. Without prejudice to any other right or remedy of GENinCode, in the event that you are in breach of this clause then the warranties in clause 11.1 shall cease to apply to the SITAB Platform and the Services for the duration of the period during which you are in breach of this clause.
3. You shall:
  1. Be liable for the acts and omissions of the Authorised Users as if they were your own.
  2. Only provide Authorised Users with access to the SITAB Platform in accordance with GENinCode's instructions and shall not provide access to (or permit access by) anyone other than an Authorised User.
  3. Procure that each Authorised User is aware of, and complies with, the obligations and restrictions imposed on you under these Service User Terms, including all obligations and restrictions relating to GENinCode's Confidential Information.
  4. Procure that each Authorised User has been provided with adequate training in respect of use of the SITAB Platform, including in respect of how to input data, and that each Authorised User is competent in their use the SITAB Platform.
4. You warrant and represent that you, and all Authorised Users and all others acting on your behalf (including systems administrators) shall, keep confidential and not share with any third party (or with other individuals except those with administration rights at your organisation as necessary for use of the SITAB Platform) their password or access details for any SITAB Platform.
5. If any password has been provided to an individual that is not an Authorised User, you shall, without delay, notify GENinCode immediately.
6. You shall comply (and shall ensure all Authorised Users comply) with all applicable laws, rules, and regulations governing export that apply to the Services, SITAB Platform, Clinic Data and the Documentation (or any part).
7. Clauses 4.3 to 4.6 (inclusive) shall survive termination or expiry of these Service User Terms and the Services Agreement.
Your responsibilities
1. You shall (and shall ensure all Authorised Users shall) at all times comply with all applicable laws relating to the use or receipt of the SITAB Platform and the Services, including Applicable Data Protection Laws and laws relating to the use of systems and communications.
2. You shall at all times ensure that all Authorised Users and anyone else acting on your behalf in connection with the SITAB Platform and the Services has proper authority and your consent to act on your behalf, and shall only provide GENinCode accurate and complete information.
3. You shall co-operate with GENinCode in all matters relating to the Services and shall provide, in a timely manner, such information as GENinCode may reasonably require, and ensure that it is accurate and complete in all material respects.
4. You warrant that you shall obtain all necessary and appropriate consents, permissions and notices required for GENinCode to provide the SITAB Platform and the Services in accordance with Applicable Laws and these Service User Terms, including any patient consent required. You acknowledge as a clinician or physician (as relevant) that you shall remain fully responsible for the gathering of any consents, permissions and notices required under Applicable Laws required for us to provide the Services in respect of your patients.
5. You warrant that you shall only use SITAB Platform and the Services in accordance with all Applicable Data Protection Laws;
6. You warrant that any personal data that you provide shall be solely in pseudonymised form and that GENinCode shall not be able to identify an individual from the information provided by you.
Changes to SITAB Platforms and Service User Terms
1. GENinCode may at its absolute discretion make, and notify you of, updated versions of the Service User Terms or other documents referred to in any part of the Contract from time to time. Notification of such changes shall be made via email and/or by way of notification on the GENinCode or SITAB website.
2. You acknowledge that GENinCode shall be entitled to modify the features and functionality of the SITAB Platform. GENinCode may, without limitation to the generality of this clause 6.2, establish new limits on the SITAB Platform (or any part), including limiting the volume of data which may be used, stored or transmitted in connection with the SITAB Platform, remove or restrict application programming interfaces or make alterations to data retention periods, provided such changes are introduced by update to the relevant impacted contractual documents.
3. GENinCode reserves the right to amend the specification of the Services and SITAB Platform if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services and SITAB Platform, and GENinCode will notify you in advance of any such amendment.
Charges and Payment
1. In consideration of GENinCode providing the SITAB Platform and the Services you must pay the charges agreed between us in respect of the provision of the Services (Charges).
Intellectual property
1. All Intellectual Property Rights in and to the Services and the SITAB Platform (including in all Documentation) belong to and shall remain vested in GENinCode or the relevant third-party owner. To the extent that you, any of your Affiliates or any person acting on your behalf acquires any Intellectual Property Rights in any aspect of the Documentation or any other part of the SITAB Platform and the Services, you shall assign or procure the assignment of such Intellectual Property Rights with full title guarantee (including by way of present assignment of future Intellectual Property Rights) to GENinCode or such third party as GENinCode may elect. You shall execute all such documents and do such things as GENinCode may consider necessary to give effect to this clause 8.1.
2. GENinCode may use any feedback and suggestions for improvement relating to the SITAB Platform provided by you or any Authorised User without charge or limitation (Feedback). You hereby assign (or shall procure the assignment of) all Intellectual Property Rights in the Feedback with full title guarantee (including by way of present assignment of future Intellectual Property Rights) to GENinCode at the time such Feedback is first provided to GENinCode.
3. You hereby waive (and shall ensure all relevant third parties have waived) all rights to be identified as the author of any work, to object to derogatory treatment of that work and all other moral rights in the Intellectual Property Rights assigned to GENinCode under these Service User Terms.
4. Except for the rights expressly granted in these Service User Terms, you, any Authorised User, any of your Affiliates and their direct and indirect sub-contractors, shall not acquire in any way any title, rights of ownership, or Intellectual Property Rights of whatever nature in the SITAB Platform (or any part including the Documentation) and no Intellectual Property Rights of either party are transferred or licensed as a result of these Service User Terms.
5. This clause 8 shall survive the termination or expiry of these Service User Terms.
Clinic Systems and Clinic Data
1. Clinic Data shall at all times remain the property of you or your licensors.
2. You shall ensure (and are exclusively responsible for) the accuracy, quality, integrity and legality of Clinic Data and that its use (including use in connection with the SITAB Platform) complies with all applicable laws, including Applicable Data Protection Laws, Intellectual Property Rights and any other laws applicable to genetic testing.
3. If GENinCode becomes aware of any allegation that any Clinic Data may not comply with Applicable Data Protection Laws or any other part of these Service User Terms, GENinCode shall have the right to permanently delete or otherwise remove or suspend access to any Clinic Data which is suspected of being in breach of any of the foregoing from the SITAB Platform and/or disclose Clinic Data to law enforcement authorities (in each case without the need to consult you). Where reasonably practicable and lawful GENinCode shall notify you before taking such action.
4. GENinCode routinely undertakes regular backups of the SITAB Platform (which may include Clinic Data) for its own business continuity purposes. You acknowledge that such steps do not in any way make GENinCode responsible for ensuring Clinic Data does not become inaccessible, damaged or corrupted. To the maximum extent permitted by applicable law, GENinCode shall not be responsible (under any legal theory, including in negligence) for any loss of availability of, or corruption or damage to, any Clinic Data.
5. Unless subsequently agreed by the parties in writing or where otherwise required by Applicable Laws, you hereby instruct that GENinCode shall within 30 days of the earlier of the end of the provision of the Service Period (or any part) relating to the processing of Clinic Data securely dispose of Clinic Data processed in relation to the Services which have ended (and all existing copies of it) except to the extent that any applicable laws requires GENinCode to store Clinic Data. Subject to Clause 10, GENinCode shall have no liability (howsoever arising, including in negligence) for any deletion or destruction of any such Clinic Data undertaken in accordance with these Service User Terms.
Data Protection
1. For the purposes of this clause 10, the terms controller, processor, data subject, personal data, personal data breach and processing shall have the meaning given to them in the UK GDPR or EU GDPR as applicable.
2. The parties have determined that, for the purposes of Applicable Data Protection Laws that GENinCode shall process Clinic Personal Data, as a processor on your behalf. Should the determination in this clause 10.2 changes, then each party shall work together in good faith to make any changes which are necessary to these Service User Terms.
3. In relation to Clinic Personal Data, Schedule 1 sets out the scope, nature and purpose of processing by GENinCode, the duration of the processing and the types of personal data and categories of data subject.
4. You warrant that you:
  1. Have obtained all necessary and appropriate consents and notices to enable lawful transfer of the Clinic Data to GENinCode for the Service Period and to enable GENinCode to process Clinic Personal Data for the purposes of providing the SITAB Platform and the Services in accordance with all Applicable Data Protection Laws.
  2. Ensure that you (and all those acting on your behalf) have a lawful basis for the processing of Clinic Personal Data by GENinCode (and any relevant third party acting on its behalf) for the purposes of providing the Services and that any such processing is performed in accordance with all applicable laws, including Applicable Data Protection Laws.
  3. Ensure that each relevant data subject whose personal data will be processed or transmitted by Services or the SITAB Platform or will otherwise be shared with GENinCode (or any of its Affiliates or sub-contractors acting on its behalf) has been provided with sufficient information (in an appropriate form) so as to enable fair, transparent and lawful processing (including sharing) of all such personal data by you and GENinCode in connection the SITAB Platform and the Services in accordance with all Applicable Data Protection Laws.
  4. Ensure that you only provide personal data to GENinCode as is strictly necessary for GENinCode to provide the Services and the SITAB Platform and that you shall at all times seek to minimise the Clinic Personal Data provided.
  5. Ensure that any data relating to patients that forms part of the Clinic Personal Data is anonymised or pseudonymised to the extent that GENinCode is unable to identify the relevant individual from the information provided.
5. Without prejudice to the generality of clause 10.4, GENinCode shall, in relation to Clinic Personal Data:
  1. Process Clinic Personal Data only on your documented instructions which shall be to process Clinic Personal Data for the purposes of providing the Services and SITAB Platform, unless GENinCode is required by Applicable Laws to otherwise process that Clinic Personal Data. Where GENinCode is relying on Applicable Laws as the basis for processing Clinic Personal Data, GENinCode shall notify you of this before performing the processing required by the Applicable Laws (unless those Applicable Laws prohibit GENinCode from so notifying you on important grounds of public interest). GENinCode shall inform you if, in the opinion of GENinCode, your instructions infringe Applicable Data Protection Legislation.
  2. Implement the technical and organisational measures to protect against unauthorised or unlawful processing of Clinic Personal Data and against accidental loss or destruction of, or damage to, Clinic Personal Data, which are appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures.
  3. Ensure that any personnel engaged and authorised by GENinCode to process Clinic Personal Data have committed themselves to confidentiality or are under an appropriate statutory or common law obligation of confidentiality.
  4. Assist you insofar as this is possible (taking into account the nature of the processing and the information available to GENinCode), and at your cost and written request, in responding to any request from a data subject and in ensuring your compliance with your obligations under Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
  5. Notify you without undue delay on becoming aware of a personal data breach involving Clinic Personal Data.
  6. At your written direction, delete or return Clinic Personal Data and copies thereof to you on termination of the agreement unless GENinCode is required by Applicable Law to continue to process that Clinic Personal Data. For the purposes of this clause 10.5(f) Clinic Personal Data shall be considered deleted where it is put beyond further use by GENinCode.
  7. Maintain records to demonstrate its compliance with this clause 10 and allow for reasonable audits (no more than once per annum) by you or your designated auditor, for this purpose, on reasonable written notice.
6. You hereby provide your prior, general authorisation for GENinCode to:
  1. Appoint processors to process Clinic Personal Data, provided that GENinCode:
    1. Shall ensure that the terms on which it appoints such processors comply with Applicable Data Protection Laws, and are consistent with the obligations imposed on GENinCode in this clause 10.
    2. Shall remain responsible for the acts and omission of any such processor.
    3. Shall inform you of any intended changes concerning the addition or replacement of the processors, thereby giving you the opportunity to object to such changes provided that if you object to the changes and cannot demonstrate, to GENinCode's reasonable satisfaction, that the objection is due to an actual or likely breach of Applicable Data Protection Law, you shall indemnify GENinCode for any losses, damages, costs (including legal fees) and expenses suffered by GENinCode in accommodating the objection.
  2. Transfer Clinic Personal Data outside of the UK and/or EEA as required, provided that GENinCode shall ensure that all such transfers are effected in accordance with Applicable Data Protection Laws. For these purposes, you shall promptly comply with any reasonable request of GENinCode, including any request to enter into standard data protection clauses adopted by the EU Commission from time to time (where the EU GDPR applies to the transfer) or adopted by the Commissioner from time to time (where the UK GDPR applies to the transfer).
7. Either party may, at any time on not less than 30 days' notice, revise clause 10 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
Warranties
1. Subject to the remainder of this clause 11, GENinCode warrants to you that the Services and the SITAB Platform will be provided using reasonable care and skill.
2. You acknowledge that clause 11.1 does not apply to the extent no Charges are payable or have been received in connection with the provision of the Services and/or SITAB Platform, in which case the Services and/or SITAB Platform are provided ‘as is’ and without warranty to the maximum extent permitted by law.
3. The SITAB Platform may be subject to delays, interruptions, errors or other problems resulting from use of the internet or public electronic communications networks used by the parties or third parties. You acknowledge that such risks are inherent in platforms similar to the SITAB platform and that GENinCode shall have no liability for any such delays, interruptions, errors or other problems.
4. If there is a breach of any warranty in clause 11.1, GENinCode shall use reasonable endeavours to repair or replace the impacted aspect of the Services and SITAB Platform within a reasonable time (whether or not it has first attempted to repair or replace the impacted aspect of the Services or the SITAB Platform). To the maximum extent permitted by law, this clause 11.4 sets out your sole and exclusive remedy (however arising, whether in contract, negligence or otherwise) for any breach of any of the warranties in clause 11.
5. The warranties in clause 11 are subject to the limitations set out in clause 13 and shall not apply to the extent that any error in the SITAB Platform arises as a result of:
  1. Oncorrect operation or use of the SITAB Platform by you or any Authorised User (including any failure to follow the Documentation or failure to meet minimum specifications).
  2. Use of any of the SITAB Platform other than for the purposes for which it is intended.
  3. Use of any SITAB Platform with other software or SITAB Platforms or on equipment with which it is incompatible.
  4. Any act by any third party (including hacking or the introduction of any virus or malicious code)
  5. Any modification of SITAB Platform (other than that undertaken by GENinCode or at its direction).
  6. Any breach of these Service User Terms by you (or by any Authorised User).
6. You acknowledge that no liability or obligation is accepted by GENinCode (howsoever arising whether under contract, tort, in negligence or otherwise):
  1. that the SITAB Platform shall meet your individual needs, whether or not such needs have been communicated to GENinCode.
  2. that the operation of the SITAB Platform shall not be subject to minor errors or defects.
7. Other than as set out in this clause 11, and subject to clause 13.5, all warranties, conditions, terms, undertakings or obligations whether express or implied and including any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by Applicable Law.
Indemnity
1. You shall indemnify, keep indemnified and hold harmless GENinCode (on GENinCode’s own behalf on behalf of each of GENinCode’s Affiliates) from and against any losses, claims, damages, liability, costs (including legal and other professional fees) and expenses incurred by it (or any of its Affiliates) as a result of your breach of these Service User Terms.
2. This clause 12 shall survive termination or expiry of these Service User Terms.
Limitation of liability
1. The extent of GENinCode’s liability under or in connection with these Service User Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation or under any indemnity) shall be as set out in this clause 13.
2. Subject to clauses 13.3, 13.4 and 13.5, GENinCode’s total aggregate liability howsoever arising under or in connection with these Service User Terms shall not exceed the amount equal to the Charges for the Services and SITAB Platform paid to GENinCode by you in the 12-month period immediately preceding the first incident giving rise to any claim under these Service User Terms.
3. Subject to clause 13.5, GENinCode shall not be liable for consequential, indirect or special losses.
4. Subject to clause 13.5, GENinCode shall not be liable for any of the following (whether direct or indirect): (a) loss of profit; (b) destruction, loss of use or corruption of data; (c) loss or corruption of software or systems; (d) loss or damage to equipment; (e) loss of use; (f) loss of production; (g) loss of contract; (h) loss of opportunity; (i) loss of savings, discount or rebate (whether actual or anticipated); and/or (j) harm to reputation or loss of goodwill.
5. Notwithstanding any other provision of these Service User Terms, GENinCode’s liability shall not be limited in any way in respect of the following: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other losses which cannot be excluded or limited by applicable law.
6. This clause 13 shall survive the termination or expiry of these Service User Terms.
Relief
1. To the maximum extent permitted by law, GENinCode shall not be liable (under any legal theory, including negligence) for any breach, delay or default in the performance of these Service User Terms to the extent the same (or the circumstances giving rise to the same) arises or was contributed to by (a) any breach of these Service User Terms by you; or (b) any Force Majeure.
Confidential Information
1. Each party shall maintain the confidentiality of the other party's Confidential Information and shall not without the prior written consent of the other party, disclose, copy or modify the other party's Confidential Information (or permit others to do so) other than as necessary for the performance of its express rights and obligations under these Service User Terms.
2. Each party undertakes to:
  1. Disclose the other party's Confidential Information only to those of its officers, employees, agents and contractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under these Service User Terms.
  2. Procure that such persons are made aware of and agree in writing to observe the obligations in this clause 15.
  3. Be responsible for the acts and omissions of those third parties referred to in this clause 15.2 as if they were your own acts or omissions.
3. Each party shall give notice to the other party of any unauthorised use, disclosure, theft or loss of the other party's Confidential Information immediately upon becoming aware of the same.
4. The provisions of this clause 15 shall not apply to information which: (a) is or comes into the public domain through no fault of the relevant party's officers, employees, agents or contractors; (b) is lawfully received by the relevant party from a third party free of any obligation of confidence at the time of its disclosure; (c) is independently developed by the relevant party, without access to or use of the other party's Confidential Information; or (d) is required by law, by court or governmental or regulatory order to be disclosed provided that, where possible, the relevant party notifies the other party at the earliest opportunity before making any disclosure.
5. This clause 15 shall survive the termination or expiry of these Service User Terms for a period of six years.
Termination
1. If you breach these Service User Terms, your rights to use the Services and SITAB Platform will automatically terminate, and GENinCode can shut down or restrict your access to the Services and SITAB Platform.
2. Otherwise, the licences granted by GENinCode under these Service User Terms will continue until GENinCode terminates your use at the end of the Service Period, your Service Agreement terminatesor you permanently stop using the Services and SITAB Platform.
3. Your obligations relating to the Services, SITAB Platform, data protection, security and confidentiality and the indemnities and licences granted by you and the limitations and exclusions of liability set out in these Service User Terms and any other provisions expressed or implied to survive will continue even after any licences (and/or these Service User Terms) have otherwise ended for any reason.
4. GENinCode may suspend access to the SITAB Platform to all or some of the Authorised Users if: (a) GENinCode reasonably suspects that there has been any misuse of the SITAB Platform or breach of these Service User Terms; or (b) you fails to pay any sums due to GENinCode by the due date for payment.
Other
1. Nothing in these Service User Terms shall (except as expressly provided) be deemed to constitute a partnership, or create a relationship of principal and agent between you and GENinCode for any purpose.
2. Except as expressly provided in these Service User Terms, GENinCode may at any time assign, sub-contract, sub-licence (including by multi-tier), transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights or obligations under these Service User Terms.
3. Except as expressly permitted by these Service User Terms, you shall not assign, transfer, sub-contract, sub-licence, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights or obligations under these Service User Terms (including the licence rights granted), in whole or in part, without GENinCode’s prior written consent.
4. If any provision of these Service User Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Service User Terms shall not be affected.
5. a person who is not a party to these Service User Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its provisions.
6. Each party represents and warrants to the other that it has the right and authority to enter into these Service User Terms and grant to the other the rights (if any) contemplated in these Service User Terms and to perform its obligations under these Service User Terms.
Governing law and jurisdiction
1. These Service User Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
2. The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Service User Terms, its subject matter or formation (including non-contractual disputes or claims).

SCHEDULE 1
DETAILS OF PROCESSING OF PERSONAL DATA

This Schedule 1 includes certain details of the processing of personal data as required by Applicable Data Protection Laws.

Subject matter and duration of the processing of personal data	processing pseudonymised patient data, together with personal data of clinicians, physicians and your employees and contractors to allow us to provide you with the Services and the SITAB Platform for the Service Period.
The nature and purpose of the processing of personal data	for the purposes of providing the Services and the SITAB Platform.
The types of personal data to be processed	processing pseudonymised patient data provided by you, which shall include data of birth, ethnicity, weight, height, cholesterol levels, blood pressure and details of medical conditions. GENinCode is unable to establish the identity of the patient as it is provided solely with a barcode and no 'key' to identify the relevant individual, together with the names, emails addresses and contact details of clinician and physicians, and of your employees and contractors.
The categories of data subject to whom the personal data relates	patients, clinicians, physicians and your employees and contractors.

PRIVACY NOTICE

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

GENinCode (includes either GENinCode Plc and its affiliate GENinCode S.L.U, which ever entity you are contracting with) is a "controller" for the purposes of the EU General Data Protection Regulation 2016/679 and the Data Protection Act 2018 (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 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 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 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., Genetists, 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

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.
Withdrawing consent: Si nos ha dado su consentimiento para utilizar sus datos personales, puede retirarlo en cualquier momento. Sin embargo, el uso que hayamos hecho de esa información personal hasta el momento en que usted retiró su consentimiento se considerará legítimo.
Correction of your personal information: 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.
Erasure 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.
Objection to processing 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.
Objection to direct marketing: You have the right to request that we stop contacting you with direct marketing.
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.
Automated decision-making: Automated decision-making takes place when an electronic system uses personal information to make a decision 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.

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/

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

DATA COLLECTED BY GEN INCODE

GEN inCode 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: GEN inCode 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 organisationn.

Please note that the Health Care Professionals also share Personal Data with us on a pseudoanomised basis relating to patients. In those cases, GEN inCode 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, previously unlinked and pseudonymised 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:

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

Please that that in the event a Healthcare 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 Healthcare Professional acting as controller. If your personal data has been submitted to our website or SITAB by a Healthcare Professional, we would suggest reviewing the applicable Healthcare 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 pseudoanonymised data from our Health Care Professionals. As set out above, we act as processors for certain Healthcare 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 THE 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.
We do this 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.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	Identity Contact	Performance of a contract with you
To process and deliver our service	Identity Contact Health Marketing and Communications	Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us)
User management, to respond to inquiries through the Website and obtain feedback on our services, products and content	Technical Identity	Performance of a contract with you
Management of job applicants and the selection processes of GEN inCode.	Identity Contact	Performance of a contract with you Necessary to comply with a legal obligation
To manage our relationship with you which will include: Notifying you about changes to our terms or privacy policy	Identity Contact Marketing and Communications	Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity Contact Technical	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.	Identity Contact Marketing and Communications Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	Technical	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	Identity Contact Marketing and Communications Technical	Necessary for our legitimate interests (to develop our products/services and grow our business)

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., 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 which give personal data the same protection it has in the UK and/or the EEA.

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.

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: 17 February 2022

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

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Following is detailed information on the cookies used on this website, their characteristics, purposes and how they can be disabled.

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, and 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.

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