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LEGAL NOTICE

This website sitabapp.genincode.com is property and under the management of GEN IN CODE, S.L.U. (hereinafter “GEN INCODE”) whose complete details are as follows:

Address: Rambla de Egara, 235, 08224 – Terrassa (Barcelona)
NIF B-67271353
Tel. +34 936 690 321
E-mail: info@genincode.com
Company registered in the Barcelona Registry of Companies on 8/14/2018, entry 1, volume 46534, folio 166, section, and page 523091

1. Rights and obligations of use

The use of any of the services offered on this website will attribute to the visitor, from the beginning, the condition of user, and will be considered an express, voluntary and unlimited acceptance of these general conditions.

For access to the services of this website, in everything not free of charge or that imposes any obligations, the user must be of full legal age, and have the legal and representative capacity necessary to engage in a binding legal agreement.

The use of the services offered on this website implies the user’s stating that they meet these requisites.

The user who accesses the website must meet these general conditions and the special usage instructions shown to them at any time. Likewise, they oblige themselves to always proceed in a manner compliant with the law, generally accepted customs and demands of good faith, using the diligence suited to the nature of the service they are enjoying. Therefore, the user may not make any modification or alteration of the contents of this website, except for the data they themselves have entered, nor may they damage its integrity or operation in any way.

The personal data that users must provide to access the aforementioned services will remain subject to the general legislation on data protection and health care whenever relevant. They will be recorded in databases which are property of GEN INCODE, under Regulation (EU) 2016/679, of the European Parliament and of the Council, of 27 April; Data protection policy.

GEN INCODE may block or suspend access to the website by any user who has violated any of the obligations expressed in these general conditions. Any user who intentionally or culpably violates any of the preceding obligations shall be held responsible for all damages caused as a consequence to GEN INCODE or any third party.

2. Responsibility of GEN INCODE

GEN INCODE reserves the right to make modifications to the website, and to these general conditions.

On another note, and given the special nature of the channel chosen to communicate with users, GEN INCODE cannot assume liability for:

a) Temporary impossibility to access the website at a given time, or any specific information in the websites that the user may access through links found on this website. This website may offer different links to other third-party websites, whose content may vary, without prior notice, due to the characteristics inherent to the Internet. Therefore, GEN INCODE shall not be responsible for the information, services and general content of these third-party websites.

Any external site accessed from the GEN INCODE site shall be considered independent. GEN INCODE has no control over the contents of said sites. Further, a link to any site other than that of GEN INCODE shall not imply support or acceptance by GEN INCODE for its content or use.

In the event that GEN INCODE had effective knowledge that the activity or information these links lead to were illegal, constitutive of a crime, or damaging to the rights or property of third parties susceptible to compensation, GEN INCODE shall act with the necessary diligence to delete or block the relevant link as soon as possible.

b) The precision or timeliness of the contents, information and offering of supplied products and services. The website features simplified, correctly-drafted information with the intent to make this content more understandable for the average user. Therefore, GEN INCODE shall take no responsibility for erroneous interpretations that could result from the information presented here, except in the case of negligence of its duties by GEN INCODE, as is described in these general conditions.

GEN INCODE shall not take responsibility for any damages arising as a consequence of fortuitous or unforeseeable events, or those that are a consequence of negligent behaviour by the user.

c) The ethics and responsibility of the website user: GEN INCODE shall not be responsible for the user’s usage of the website under any circumstances: In the course of their usage of the website or the resources offered to them therein, users shall refrain from any behaviour that could damage the rights of intellectual or industrial property of GEN INCODE, or any third parties, that violates or contravenes the honour, personal or family privacy or reputation of third parties, or that is illegal or constitutes an affront to morality. In all circumstances, users shall free GEN INCODE from any in- or out-of court claim filed against them as a consequence of said usage. Users shall refrain from conducting by any means any form of destruction, modification, blockage or damage to the data, programs or electronic documents belonging to GEN INCODE; as well as from entering or disseminating over the network any programs, viruses, applets or any other physical or electronic instruments that cause or are able to cause any type of alteration in the network, system or equipment of third parties.

3. Industrial and intellectual property

Any and all content, trademarks, designs, logos, icons, buttons, software, trade names, domain names and any other signs or elements susceptible to protection from intellectual and industrial property rights that form part of the website are property of GEN INCODE or of public or third party domains that have duly authorized their inclusion on the website and that are listed as authors or owners of the rights.

Under no circumstances will it be understood that any license is granted, or that there is a waiver, conveyance, or total or partial assignment of said rights, or that any right is conferred, especially those regarding the operation, reproduction, distribution, transformation or public communication of said contents without the express prior written consent of GEN INCODE (as concerns the design of the website or use of the “GEN INCODE” trademark) or of relevant third parties.

Any violations of the intellectual or industrial property rights referred to in this section shall be prosecuted by the criminal and civil court proceedings established in the legislation in force.

4. Jurisdiction

Any litigation or conflict that emerges between GEN INCODE and any user regarding the interpretation or application of these general conditions or, in general, directly or indirectly related with the usage of the services offered on the website shall be resolved by the Courts of the city of Terrassa (Barcelona Province).

As a requisite prior to initiating any litigation, GEN INCODE and the user agree to negotiate in good faith to resolve the litigation or conflict during the period of one (1) month counting from the date on which one of the parties notifies the other in writing of their potentially litigious pretensions.

5. Communication

For any correspondence required between GEN INCODE and the user, the user must address the domicile indicated for GEN INCODE using any of the various communication channels (certified mail or e-mail) indicated in the CONTACT section of the website.

Correspondence from GEN INCODE to the user shall be conducted with the details provided by the user when registering on the website or through the data provided in the first correspondence sent by the User.

DATA PROTECTION CLAUSE

GEN inCode 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 GEN inCode.

GEN inCode complies with the terms of data protection, and in accordance with Regulation (EU) 2016/679 of the European Parliament and Council, of 27 April (“GDPR”) and with any related applicable laws and regulations. Therefore, any Personal Data collected from the GEN inCode website www.genincode.com or from any other domain or subdomain owned and controlled by GEN INCODE, including SITAB platform for Health Care Professionals (“Website”) and/or its social media profiles (LinkedIn, Tweeter, Facebook etc.), will be handled and processed in accordance with this legislation.

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.

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.
Indirectly from the Health Care Professionals: The Health Care Professionals, through SITAB platform or by other means (e.g., e-mail, fax etc.) may send Personal Data with the exclusive purpose of providing the genetic testing services.

Please note that the Health Care Professionals are usually permitted to collect, store, use and share this information under GDPR regulations. In those cases, GEN inCode acts as a Data Processor on behalf of the Health Care Professionals who are the Data Controller. In all cases, GEN inCode 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 GDPR regulations.

The Personal Data used, handled, processed, and stored by GEN inCode 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
Log in data: Log in passwords

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.
Management of GEN inCode newsletter and other commercial communications
Improving the quality of our services and products.
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 GEN inCode.
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.
Any other purpose imposed by the law or legal authorities who will be able to collect the Personal Data.

CONSENT AND LEGITIMATE INTEREST

By accepting this Personal Data protection policy, the User accepts the above indicated information and Personal Data processing.

The Personal Data processing is legitimized according to article 6.1.a) of the GDPR, upon the implicit or explicit consent of the User as well as according to article 6.1.f) of the GDPR as there is a legitimate interest pursued by the Data Controller which met the legally established requirements for the legitimate processing of data.

GEN INCODE either as Data Controller or Data Processor will carry out a treatment in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner to protect the User’s Personal Data integrity and granting the User’s rights.

PERSONAL DATA DISCLOSURE

Upon the User consent, or where applicable under the relevant legal exceptions for legitimate purposes, the User’s Personal Data may be disclosed to the following recipients:

Other GEN inCode group companies.
Information technology systems’ providers who host the Website and SITAB platform.
Services’ suppliers who access, store, or process the User’s Personal Data on GEN inCode’s behalf as Data Processors or subcontracted Data Processors (e.g., Analytical Laboratory, Health Care Professionals, Legal and Tax advisors, Auditors), under strict conditions of confidentiality and security.

Exceptionally, the User’s Personal Data may be disclosed to legal or regulatory authorities as may be stipulated by law.

The Personal Data shall not be transferred to any third party without the User’s prior written consent. Nor shall it be used outside of the cases defined herein and in the data protection legislation.

In the case that any of the communications referred to above may involve the transfer of Personal Data outside the European Economic Area (EU member states plus Iceland, Liechtenstein and Norway) GEN inCode will guarantee their protection by (i) applying the required level of protection according to GDPR regulations and any applicable local legislation about data protection/privacy applicable to GEN inCode, (ii) exclusively transferring Personal Data as per the standard contractual clauses approved by the European Commission, and (iii] to sum up, should consent by the data subject be the Legal basis for the processing.

STORAGE PERIOD

GEN inCode will retain and/or store the Personal Data in accordance with the applicable law and as long as they are necessary for the purposes described in this Privacy Notice. Furthermore, we hereby notify you that your data shall be kept throughout your affiliation with GEN inCode, or until you exercise you rights for the removal or deletion of your data. In the case of general consultation, your data shall be kept for at least five years from the last notification. All Personal Data is destroyed when it is no longer needed.

USER’s RIGHTS

Users may exercise their rights of access, rectification, cancellation, destruction or opposition, or limit the treatment of data transfer by notifying: GEN inCode, Rambla d’Egara, 235, 08224 – Terrassa (Barcelona) – or by emailing: info@genincode.com

In either case, a copy of your National ID card (DNI) or passport must be attached.

The User is also 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).

For any questions and requests regarding to GDPR regulations and Personal Data use and processing within the UE or related to UE citizens, please contact us at:

GEN INCODE, S.L.U.
Rambla d’Egara 234, 4ºC 08224 Terrassa (Spain)
NIF: B-67271353
DPO contact: dpo@genincode.com

SECURITY STATEMENT

According to the GDPR regulation GEN inCode 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: June 2021

SOCIAL MEDIA

GEN inCode 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 GEN inCode 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

COOKIES POLICY

GEN INCODE has the legal obligation to inform and secure the consent of the interested party regarding the usage of cookies during browsing on sitabapp.genincode.com

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.

Modify the configuration of cookies

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

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