Terms + Policies
1. assent to agreement
1.1 BY USING THIS APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS APPLICATION OR THE SERVICE.
- “Genetic Information” means genetic and biological health information, including information regarding your genetic profile generated by third parties.
- “Personal Information” means information that is about you as an identifiable individual, such as personal health information or other personal information as defined by applicable laws and regulations (as amended or replaced from time to time) protecting the privacy of Personal Information in the jurisdictions in which we operate and which you reside.
- “Service” means Gini Health’s products, software, services, mobile application, and website (including text, graphics, images, and other material and information) as accessed by you from time to time.
- “Third Party Communications” means any communications directed to you from any third party, directly or indirectly in connection with this Application or the Service, or any interactions you may have with third party websites not operated by Gini Health.
- description of service
- You acknowledge and agree that the form and nature of the Service which Gini Health provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Gini Health may stop (permanently or temporarily) providing some of the Service (or any features within the Service) to you or to users generally at Gini Health’s sole discretion, without prior notice to you.
- Limited LicenCe and use of application
- THE SERVICE, APPLICATION AND CONTENT ARE FOR INFORMATIONAL AND MOTIVATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. Gini Health is not a regulated health services provider and does not assume any fiduciary or similar obligations to you as a result of you using the Service. Gini Health is not a trustee of your Genetic Information or other Personal Information. The Service and the Content is not intended to be used by you for any diagnostic purposes and is not a substitute for professional medical advice and you should seek the advice of any other physician or other health care provider with any questions you may have regarding the Content and Service.
- Although Gini Health makes every effort to ensure that the Application and Content is accurate, complete, and up to date, Gini Health does not provide any warranty, express or implied, of the accuracy or completeness of any of the Content. Gini Health shall not be liable in any manner or to any extent for any direct, indirect, special, incidental, or consequential damages, losses or expenses arising out of the use of the Application or the Service. Your use of the Service, Application, Content or materials linked from this Application is at your own risk.
- limitations on use
- The Content on this Application is for your personal use only and not for commercial exploitation. To the extent this Application provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group.
- You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-licence, or create derivative works from this Application, the Content or Service. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Application or the Content without Gini Health’s prior written permission. You may not use this Application to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial purposes all or any portion of this Application or the Service, except to the extent permitted above. You may not use or otherwise export or re-export this Application or any portion thereof, or the Content in violation of the export control laws and regulations of Canada. Any unauthorized use of this Application or its Content is prohibited.
- registration AND USER ACCOUNT
- This Application requires you to register an account with us. You agree to provide accurate and complete registration information. It is your responsibility to inform us of any changes to that information.
- You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. If you allow third parties to access the Application through your username and password, you will defend and indemnify Gini Health and its affiliates against any liability, costs, or damages, including legal fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify Gini Health of any unauthorized use of your password or account or any other breach of security. Gini Health cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- If you believe there has been unauthorized use of your account, you must notify us immediately by emailing firstname.lastname@example.org.
- linked sites AND THIRD PARTY COMMUNICATIONS
- Any links provided on this Application to third party websites are provided solely for your convenience. The operation and content of such third party websites is beyond the Gini Health’s control. Gini Health does not endorse in any manner whatsoever or accept any responsibility for the content or other material that may be contained on such websites, the use of such websites, or any products or services advertised on or sold through any such website.
- Gini Health disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Gini Health assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications.
- intellectual property rights
- You grant to Gini Health an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to any material you submit to the Gini Health, including any postings to the Application. This licence is without restrictions of any kind and without any payment due from Gini Health to you or permission or notification, to you or any third party. This licence includes the right to make available, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, communicate to the public by telecommunication, perform and sublicense any submissions or postings in any form, medium, or technology now known or developed in the future.
- posting guidelines
- In addition to our Posting Guidelines, the following additional terms apply in the event that this Application allows you to make a post on the Application:
- You shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way, including, but not limited to, any postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, provincial, state, federal or international law, either intentionally or unintentionally. Gini Health may delete your postings at any time for any reason without permission from you.
- Gini Health has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. Gini Health however reserves the right, in its sole discretion, to monitor any postings, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any reason or no reason.
- USER REPRESENTATION AND WARRANTIES
- By using this Application and Service, you agree to, acknowledge, represent and warrant as follows:
- you grant permission to Gini Health, its contractors, successors and assignees to read and analyse genotype data acquired from your genetic test file and results, and you specifically request Gini Health to provide health, nutritional and wellness information and recommendations to you based on the results of analyses performed by Gini Health;
- you are a resident of Canada, the United States, the United Kingdom, the European Union, Australia, Norway and Iceland and are of the age of majority or older in your jurisdiction;
- you have provided true, accurate, current, and complete registration information about yourself as prompted by the Service, and will maintain and promptly update such information to keep it true, accurate, current and complete;
- you are not a person barred from receiving the Service under the laws of the jurisdiction in which you are resident or from which you use the Service;
- you understand that the Content is not designed to independently diagnose, prevent, or treat any medical condition or to ascertain the state of your health in the absence of medical and clinical information and an express statement to that effect. You understand that the Service is intended for motivational, informational, and educational purposes only, and that, while Gini Health information might point to a certain course of action, any such course of action should always be confirmed and supplemented by the advice of a health care provider and medical and clinical testing and information. You acknowledge that Gini Health urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from the Service, the Content, your Genetic Information or other Personal Information;
- any Genetic Information and other Personal Information provided by you or a third party is your Genetic Information or, if you are submitting Genetic Information and other Personal Information for another person, you represent and warrant that you have legal authorization to do so and that the Genetic Information and other Personal Information is of that other person;
- any Genetic Information and other Personal Information (including results from analysis of such Personal Information) may be transferred and/or processed outside of your jurisdiction;
- you are not an insurance company or an employer attempting to obtain information about an insured person or a current or prospective employee;
- you acknowledge that personal genome testing, analysis and related research is a developing field, and while Gini Health endeavours to remain current with the interpretation of DNA and genomics, the results of any genetic analysis may be incorrect, incomplete, misleading or inconclusive and Gini Heath will not be liable for any errors, omissions or mistakes made by your third party genetic testing provider;
- using any information received through the Service to attempt to identify other customers, to contact other customers, or for any forensic use;
- causing harm to any third party;
- attempting to or actually overriding any security component of the Service; and
- In case of a breach of any one of these representations and warranties, Gini Health has the right to suspend or terminate your subscription to the Service and refuse any and all current or future use of the Service (or any portion thereof), and you will defend and indemnify Gini Health and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS IN SOME CASES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS AND EXCLUSIONS BELOW MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE, THE APPLICATION AND THE CONTENT IS AT YOUR SOLE RISK. THE SERVICE, APPLICATION AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GINI HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- GINI HEALTH MAKES NO WARRANTY THAT: (A) THE SERVICE, APPLICATION AND CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE, APPLICATION AND CONTENT WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (C) THE RECOMMENDATIONS THAT MAY BE MADE BY US WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE APPLICATION OR CONTENT WILL BE CORRECTED;
- ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL;
- YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GINI HEALTH DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND, THEREFORE, GINI HEALTH SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
- GINI HEALTH DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS APPLICATION AND THE CONTENT, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB APPLICATIONS OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB APPLICATION, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE APPLICATION, THE CONTENT OR ANY PORTION THEREOF, (E) YOUR USE OF THIS APPLICATION, THE CONTENT AND THE SERVICE, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS APPLICATION, THE CONTENT OR THE SERVICE.
- LIMITATION OF LIABILITY
- THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS SOME TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS BELOW MIGHT NOT APPLY TO YOU. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GINI HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES), EVEN IF GINI HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE OR THE APPLICAITON; (B) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICE OR THE APPLICATION; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF OR DESTRUCTION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION; (E) THE IMPROPER AUTHORIZATION FOR THE PROGRAM BY SOMEONE CLAIMING SUCH AUTHORITY; OR (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, GINI HEALTH'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
- no resale of service
- MODIFICATION of service
- Gini Health reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. You acknowledge and agree that Gini Health shall not be liable to you or to any third party for any delay, modification, suspension, or discontinuance of the Service.
- Gini Health may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial use of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without paying any applicable fees.
- third party rights
- The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of Gini Health and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Application. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- UNLAWFUL ACTIVITY
- remedies for violations
- TERMINATION of service
- additional terms
- If you have any questions about the practices of this Application or Gini Health Inc., please contact us by mail at Gini Health, Inc, 2013 - 390 Queens Quay West, Toronto, Ontario, Canada, M5V 3A6 or to email@example.com.
Our Privacy Statement
1.4 If you are under the age of 16, you must not use the Service or submit Personal Information to us unless you have the consent of and are supervised by a parent or guardian. We do not knowingly collect information from people under the age of 16 without such consent.
2. THE PERSONAL information THAT WE COLLECT FROM YOU
2.1 When you use the Service, we collect the following Personal Information about you:
- Information you give us: You may give us information about you by using the Service, such information may include, but is not limited to:
- your name, title, gender and/or date of birth;
- your contact information including phone/mobile number and email address;
- your genetic information from your raw data file or directly from your genetic test provider; and
- your behavioural information, such as smoking, drinking or exercise
- Blood test results or similar health test results
- Information we collect about you: In order to provide you with our Service, we collect the following information about you from you or third parties:
- genetic and biological health information, including information regarding your genetic profile generated by third parties (“Genetic Information”).
- Cookies and Mobile Analytics
- In addition to the above, when interacting with our website, we gather certain information automatically about the website’s users and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you, such as your user profile ID or order number. We do this to improve services we offer you, and to improve marketing, analytics, and site functionality.
- When you access our website by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers ("IDFA"), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
- We use mobile analytics software to allow us to better understand the functionality of our mobile application on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any Personal Information you submit within the mobile application.
3.1 WHAT WE DO WITH YOUR PERSONAL INFORMATION
3.1 Gini Health (and third party data processors who may be acting on our behalf) may collect, store and process your Personal Information described above for the following purposes:
- to administer and operate the Service, and any services and programs provided in connection with the Service, including:
- opening your account, communicating with you and implementing your requests;
- running our mobile application and website, authenticating your visits, providing custom, personalized content and information, and tracking your usage of our Services
- processing and analyzing your Genetic Information and other Personal Information; and
- providing health, nutritional and wellness analysis and recommendations related to your Genetic Information and other Personal Information, including a “Gene Story”, analysis regarding weight gain risk, exercise behaviours, exercise motivation, favourable macronutrient percentages for weight loss, and micronutrient deficiency risks, as well as providing you a targeted point score to allow you to follow certain behaviours to reduce your genetic risk;
- to connect you with other individuals using our Service who have similar conditions such as you to allow you and such other individuals to share information, approaches and other information regarding with each other
- conduct analytics to improve and enhance our Service;
- offer new products, programs or services to you, including through emails, promotions or contests, subject to applicable laws;
- for our internal record keeping requirements including collection of anonymized details about use of the Service to compile aggregate statistics or produce internal reports;
- to provide you, or permit selected third parties acting on Gini Health’ behalf to provide you with information by SMS, e-mail or other electronic messaging service about goods or services we feel may interest you including, without limitation brochures, details of promotions, events, new products and services, subject to applicable laws;
- to the extent we have a legal obligation, right or duty under the Applicable Law to use or disclose your information (including for crime and fraud prevention and related purposes); and
- to anonymize and aggregate the Personal Information (including Genetic Information) for any other purposes, provided that no identifiable personal information can be readily identified.
3.2 We will only retain your Personal Information for as long as reasonably necessary having regard to the purposes for which your Personal Information was collected and will delete such Personal Information after the expiry of such period unless otherwise required under the Applicable Law and any anonymized and aggregated information will be retained be Gini Health. Gini Health will retain your Personal Information for a period of seven (7) years after your use of the Service has ended.
4. DISCLOSURE of your PERSONAL information
- to operate the Service and provide the programs in connection with the Services or any other purposes as set out in paragraph 3.1 above;
- to protect Gini Health’ rights, property or safety or the rights, property or safety of other users of the Service or others (e.g., for fraud protection etc.); and
- to comply with any applicable laws, regulations, governmental and quasi-governmental requests, court orders or subpoenas.
4.2 For greater certainty, your Genetic Information and Personal Information will not be disclosed by us except to provide you with the Service unless we have obtained your express consent to do so. Gini Health will not disclose your Genetic Information and Personal Information to insurance companies or marketing agencies without your express consent to do so.
4.3 Gini Health may share your Personal Information with, without limitation:
- companies that provide statistical analysis services; and
- analytics and search engine providers, such as Google Inc, that assist us in the improvement and optimization of our website.
4.6 In the event that a third party proposes to acquire all or some of our business and/or assets, we may disclose your Personal Information to that third party in connection with their proposed or actual acquisition. In the event that we become insolvent or we are in any similar situation, we may also disclose your Personal Information to third parties as part of a business or asset sale carried out where such disclosure is lawful and compliant with the Applicable Laws.
5. INTERNATIONAL TRANSFERS OF DATA
6.1 Gini Health has in place security measures to store all Personal Information collected and received securely. We use appropriate technical, organizational, administrative and physical measures to protect your Personal Information contained in our system against accidental damage, deletion, misuse, loss and unauthorized access or alteration. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted by a third party to us. Once we have received your Personal Information, we will use various procedures and security features (including by encrypting the Personal Information) to try to prevent unauthorized access, use or disclosure.
6.2 Protecting your Personal Information is also your responsibility. We ask you to be responsible for safeguarding your password, secret questions and answers, and other authentication information you use to access our Service. You should not disclose your authentication information to any third-party and should immediately notify us of any unauthorized use of your password. We cannot secure Personal Information that you release on your own or that you request us to release.
7. your rights
7.1 You may access, correct or update some of your Personal Information from our mobile application. You also have the right to access any and all details of your Personal Information that we hold about you by written request and to request rectification or erasure of such Personal Information, if the Applicable Laws allows you to do so.
7.3 You may choose to no longer receive communications from us by replying STOP to communications (if any) you receive from us. You may unsubscribe to any email from us using the instructions in the email you receive; this will not stop us from sending emails about your account or transactions with us or other information required for your use of the Service.
7.4 You have the right to make a complaint about a possible breach of the Applicable Laws to us. We will consider any complaints we receive and respond to your complaint within a reasonable period of time. You also may lodge a complaint about the treatment of your Personal Information with the supervisory authority located in you jurisdiction, if the Applicable Laws allows you to do so.
7.5 You can exercise your rights above by contacting us at the address listed below.