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Terms + Policies

Terms of use

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.

  1. This mobile application, including all of its features and content (this “Application”) is provided and made available by Gini Health Inc. or its affiliates or its subsidiaries (collectively, (“Gini Health”, “we” or “us”) and all content, information and Services provided on or through this Application (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
  1. definitions
  1. “Genetic Information” means genetic and biological health information, including information regarding your genetic profile generated by third parties.
  2. “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.
  3. “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.
  4. “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.
  1. description of service
  1. This Service includes access to Gini Health’s health, nutritional and wellness program and recommendations based on analysis of your Genetic Information and other Personal Information you provide to us. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to these Terms of Use. You acknowledge and agree that the Service, Application and Content is provided "AS-IS", unless otherwise required by provincial, state, territorial or federal law, and is based on the current state of the art of genetic research and technology in use by Gini Health at the time of your use of the Service. As research progresses and scientific knowledge and technology evolve, Gini Health will be constantly innovating in order to provide the best possible experience for you and its users.
  2. When using any Service offered by Gini Health, you shall be subject to any guidelines or rules applicable to such Service that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. Gini Health also may offer other programs and services from time to time that are governed by different agreements or terms of use.
  3. 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.
  1. Limited LicenCe and use of application
  1. As a user of this Application and the Service you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this Application and Content in accordance with these Terms of Use. Any Content on this Application, and the Application itself, may only be reproduced, distributed, translated, made available, published, distributed, or communicated to the public by telecommunication for personal and non-commercial purposes. As further detailed in paragraph 22, Gini Health may terminate this licence at any time for any reason.
  2. 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.
  3. 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.
  1. limitations on use
  1. 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.
  2. 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.
  1. registration AND USER ACCOUNT
  1. 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.
  2. 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.
  3. If you believe there has been unauthorized use of your account, you must notify us immediately by emailing support@ginihealth.com.
  1. linked sites AND THIRD PARTY COMMUNICATIONS
  1. 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.
  2. 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.
  1. intellectual property rights
  1. Except as expressly provided in these Terms of Use, nothing in these Terms of Use shall be interpreted as conferring on you or any third party any licence or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, including those related to copyright or other intellectual property rights. You agree that the Content, the Application, and any and all other materials published or otherwise accessible through the Application are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
  2. 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.
  3. You represent and warrant that any material submitted to or posted on this Application: (i) are your original works or that the owner of such works has expressly granted to Gini Health a perpetual worldwide royalty-free, irrevocable, non-exclusive licence for said works with all of the rights granted by you in section 8.2 of these Terms of Use; (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any other proprietary right; and (iii) that you have obtained any and all consents required pursuant to any applicable privacy legislation to submit any Personal Information about another individual or third party to us.
  1. posting guidelines
  2. In the event that this Application allows you to make a post on the Application, any posting is subject to Gini Health’s Posting Guidelines in addition to these Terms of Use.
  1. 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:
  1. 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.
  2. 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.
  1. Privacy policy
  1. In order to use the Service and the Application, you must first agree to our Privacy Policy which can be accessed at https://ginihealth.com/privacy-policy . You may not use the Service if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (i) clicking to accept or agree to the Privacy Policy, where this option is made available to you by Gini Health for any Service; or by (ii) using the Application.
  1. USER REPRESENTATION AND WARRANTIES
  1. By using this Application and Service, you agree to, acknowledge, represent and warrant as follows:
  1. 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;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. 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;
  8. you are not an insurance company or an employer attempting to obtain information about an insured person or a current or prospective employee;
  9. 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;
  10. you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, which includes:
  1. using any information received through the Service to attempt to identify other customers, to contact other customers, or for any forensic use;
  2. causing harm to any third party;
  3. attempting to or actually overriding any security component of the Service; and
  4. violating the terms of these Terms of Use or any related agreement, applicable law, or any regulations having the force of law.
  1. 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.
  1. disclaimer
  1. 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:
  1. 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;
  2. 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;
  3. 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;
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE; AND
  5. 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.
  1. 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.
  1. LIMITATION OF LIABILITY
  1. 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.
  1. Indemnification
  1. You agree to defend and hold Gini Health, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of any other person.
  1. no resale of service
  1. Other than pursuant to the terms of these Terms of Use, or unless otherwise agreed in a separate written agreement signed by both you and Gini Health, you agree not to act as a reseller or distributor of the Service or to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
  1. MODIFICATION of service
  1. 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.
  2. 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.
  1. third party rights
  1. 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.
  1. UNLAWFUL ACTIVITY
  1. Gini Health reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
  1. remedies for violations
  1. Gini Health reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Application and any other Gini Health web sites, application and/or their features.
  1. TERMINATION of service
  1. Without limiting its other remedies, Gini Health may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the licence granted under these Terms of Use and the Service provided to you if, in Gini Health’s absolute and sole discretion, you fail to comply with any terms or conditions of these Terms of Use.
  1. additional terms
  1. Entire Agreement. These Terms of Use shall constitute the entire agreement between you and Gini Health and supersedes all prior agreements and understandings oral or written relating to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
  2. Force Majeure.  Any delay or failure to perform any provision of these Terms of Use by Gini Health as result of circumstances beyond its control (including, without limitation, war, strikes, flood, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall not be deemed to be a breach of these Terms of Use.
  3. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Application, the Privacy Policy and, if applicable, the Posting Policy and constitute the entire agreement with respect to access to and use of this Application. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
  4. Waiver. The failure of Gini Health to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
  5. Governing Laws and Jurisdiction. These The Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, Canada and any action arising out of or relating to these Terms of Use shall be filed only in Toronto, Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
  6. Modification to Terms of Use. Gini Health reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Application and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Application after any such changes constitutes your consent to such changes.
  7. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  8. Headings. Headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
  9. Assignment. You may not assign or delegate any rights or obligations under these Terms of Use. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Gini Health for any third party that assumes our rights and obligations under these Terms of Use.
  1. CONTACT
  1. 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 support@ginihealth.com.

 

 

Privacy Policy

Our Privacy Statement

1.1 This Privacy Policy sets out how Gini Health Inc. with registered office at 2013 - 390 Queens Quay West, Toronto, Ontario, Canada ("Gini Health") and its subsidiaries, related bodies corporate and franchisees (collectively referred to in this policy as "Gini Health", "we" or "us") protects the privacy of your Personal Information (as defined below) and the basis on which any Personal Information we collect from you, or that you or third parties provide to us, will be processed and used by us.

1.2 Gini Health is committed to ensuring that your privacy is protected and to ensuring that your Personal Information is processed in accordance with 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 ("Applicable Laws").  For the purposes of this Privacy Policy, “Personal Information” means information that is about you as an identifiable individual, such as personal health information or other personal information as defined by the Applicable Laws. Gini Health will only collect, use, store, disclose and transfer your Personal Information in accordance with this Privacy Policy, any related Privacy Notices and Applicable Laws.

1.3 Please read the following carefully to understand Gini Health’ views and practices regarding your Personal Information and how we will treat it.  By using our nutrition and wellness service which provides software applications to read and analyze your genetic test data to provide you insights to personalize your nutrition, diet and exercise, and assist in making it easy to take actions on those insights in your daily life (the “Service”), you confirm that you have read, understood and agree with the collection, use, storage, disclosure and transfer of your Personal Information in accordance with this Privacy Policy and the related Privacy Notice.  If you do not agree or withdraw your consent, you should not use the Service.

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.

1.5 This Privacy Policy was last updated on, and is effective as of, June 13, 2018.  Gini Health reserves the right, in its sole discretion, to modify, revise, delete and update this Privacy Policy from time to time.  We will use reasonable endeavours to notify you in advance of any modifications to the terms of this Privacy Policy. If you do not agree with the modifications, revisions, deletions or updates, your exclusive remedy is to cease using the Service. By continuing to use the Service after those changes are made, you shall be deemed to have accepted and agreed to the changes.

2. THE PERSONAL information THAT WE COLLECT FROM YOU

2.1 When you use the Service, we collect the following Personal Information about you:

  1.  Information you give us: You may give us information about you by using the Service, such information may include, but is not limited to:
    1. your name, title, gender and/or date of birth;
    2. your contact information including phone/mobile number and email address;
    3. your genetic information from your raw data file or directly from your genetic test provider; and
    4. your behavioural information, such as smoking, drinking or exercise
    5. Blood test results or similar health test results
  2. 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:
    1. genetic and biological health information, including information regarding your genetic profile generated by third parties (“Genetic Information”).
  3. Cookies and Mobile Analytics
    1. We and our third-party partners use cookies and similar technologies (such as web beacons, tags, scripts and device identifiers) to help us recognize you, customize and improve your experience, provide security, analyze usage of our Service (such as to analyze your interactions with the results, reports, and other features of the Service), gather demographic information about our user base, to offer our products and services to you, to monitor the success of marketing Services, and to serve targeted advertising on our site and on other sites around the Internet. We and our third-party partners do not use your sensitive information, such as Genetic Information, for targeted advertising. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.
    2. 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.
    3. 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.
    4. 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:

    1. to administer and operate the Service, and any services and programs provided in connection with the Service, including:
      1. opening your account, communicating with you and implementing your requests;
      2. running our mobile application and website, authenticating your visits, providing custom, personalized content and information, and tracking your usage of our Services
      3. processing and analyzing your Genetic Information and other Personal Information; and
      4. 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;
    2. 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
    3. conduct analytics to improve and enhance our Service;
    4. offer new products, programs or services to you, including through emails, promotions or contests, subject to applicable laws;
    5. for our internal record keeping requirements including collection of anonymized details about use of the Service to compile aggregate statistics or produce internal reports;
    6. to share your Personal Information with selected third parties in accordance with Section 4 of this Privacy Policy;
    7. 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;
    8. 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
    9. 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

    4.1 Gini Health may share your Personal Information that it collects from you or that you provide to Gini Health with selected third parties for the following purposes:
      1. 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;
      2. to enforce or apply the Service’s Terms of Use and/or other agreements and/or to investigate potential breaches of such agreements;
      3. 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
      4. 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:

        1. companies that provide statistical analysis services; and
        2. analytics and search engine providers, such as Google Inc, that assist us in the improvement and optimization of our website.

        4.4 Gini Health will ensure that third parties who have received Personal Information from Gini Health will maintain a comparable level of protection of the Personal Information as set out in this Privacy Policy by using contractual or other means. To the fullest extent permitted by Applicable Law, Gini Health excludes all liability arising from the use of your Personal Information by third parties. Gini Health can, on request, confirm the name of each third party that Personal Information is, or will be, transferred to. 

        4.5 Except as set out in this Privacy Policy, we will not disclose, sell, distribute, rent or lease your Personal Information to third parties unless we have your permission or to complete a transaction for you. We do not share your identifiable Personal Information with third parties for their direct marketing use without your express consent.

        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

          5.1 Gini Health may transfer and/or store the Personal Information collected from you to our overseas related entities, subsidiaries, related bodies corporate and franchisees in order to provide the Service. It may also be necessary for us to transfer and/or disclose your Personal Information to third parties located in Canada or the United States of America or other jurisdictions in connection with the purposes set out in this Privacy Policy.  

          5.2 By submitting your Personal Information you consent to the transfer, storage and/or processing of your Personal Information outside the jurisdiction in which the information was originally collected. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. Where we have engaged international third parties to perform services in relation to the Service, we will use contractual or other means to ensure such third parties offer a comparable level of protection in respect of the Personal Information. However, Applicable Laws in some jurisdictions may not provide the same level of protection for your Personal Information as does your home jurisdiction.

          6. security

          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.

          7.2 You have the right to change your mind about consenting to the use, disclosure and transfer of your Personal Information in accordance with this Privacy Policy by contacting us at the address listed below. If you withdraw your consent for Gini Health to process your Personal Information in accordance with this Privacy Policy, Gini Health may not be able to provide you with all of parts of the Service.

          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.

          8. contact

          8.1 Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed Gini Health, Inc, 2013 - 390 Queens Quay West, Toronto, Ontario, Canada, M5V 3A6 or to support@ginihealth.com.