Terms of Service
3. Content of the Service
The Service includes the laboratory service, laboratory result interpretation service and updating and storing the Customer’s results in a cloud service for three years free-of-charge, offered by a laboratory specified by the Service Provider needed for the isolation of DNA (hereinafter referred to as the “Partner”). To enable the Service, the Service also includes cellular sampling tools consisting of two cellular sampling devices approved for medical use, sampling instructions and a mailing bag for sending the cellular sample to the laboratory. The Service also includes transportation subject to a fee according to the price list. The Service Provider updates the statements and instructions produced in the Service as part of the maintenance of the Customer’s genetic data. The Customer will be informed in the event of changed results because of new information.
4. Purpose, Procurement and Use of the Service
The Service is not intended as a replacement of the medical service provided by healthcare professionals. The Service will produce information that may be used in guiding the Customer’s treatment. The Service Provider is not responsible for the Customer’s treatment and will not, outside of the statements, comment on the treatment of the Customer.
Instructions accompanying the sampling device must be followed when taking the sample and sending it. The Service Provider does not guarantee the operation of the Service if the sample is not taken according to the instructions. If a test to be made in a laboratory fails, the Service Provider will contact the Customer and, on a case-by-case basis, the Customer may be provided with a new sampling opportunity. The sample and the sample registration data must be provided for the same person.
When the cellular sample has been delivered to the Service Provider or Partner, the Service Provider and Partner will produce, as the core content of the Service, a pharmacogenetic statement from the cellular sample, submitted to the Customer’s account in the secure Cloud Service.
5. Underage Customers and Use on Behalf of a Minor
When an underage Customer reaches the age of legal competence, the Customer will be notified that he or she has the right to prevent persons who previously had the right to use his or her account to use the account. If an underage Customer becomes legally competent for a reason other than age, he or she may forbid the use by providing the Service Provider with a certificate of legal competence.
6. Fees and Payments
The Customer bears full liability for the expenses incurred by the Customer from the use of the service. The price of the Service is determined according to the pricing of the Service Provider or Retailer. The price may be amended by the Service Provider either temporarily or permanently. The use of the Cloud Service may be continued after the period of three years for a separate annual maintenance fee. Valid means of payment are those specifically communicated by the Service Provider and Retailers. The price of the maintenance service to be obtained after the period of three years is determined according to the Service Provider’s pricing. The Customer will be contacted before the expiry of the maintenance service for the data or the Cloud Service, and the Customer may terminate the agreement if they wish. The subscription to the maintenance service and the Cloud Service will continue automatically if the Customer does not terminate the Service.
7. Use of Personal, Genetic and Other Data
The principles and policies of personal data processing are described in more detail in the data protection description attached to these terms and are always available on the GeneAccount website.
The Customer has unlimited rights to his or her own personal data, genetic data, usage data produced in the Service and other Customer data that the Service Provider has on file. All Customer-related data are processed in accordance with the laws and regulations applicable in Finland.
Collection and Creation of Data
The Customer is responsible for the accuracy of the data provided by the Customer. If the Customer detects incorrect information in the Service, the Customer must notify the Service Provider or, if possible, amend the data himself or herself.
For the provision of the Service, the Customer’s name, telephone number, address and e-mail address are collected. In addition, the Customer is asked for the ID number of the Customer’s sample and the sampling date.
New data concerning the Customer will be produced by the use of the Service. The primary data form is the genetic information. The use of the Service requires making the genetic data available to the Service Provider for the duration of the service agreement between the Customer and the Service Provider. Genetic data are processed as the Customer’s personal data, and hardened protection measures are employed to protect them. Genetic data are transferred and processed only over secure connections and using secure servers.
Storage of Data
GeneAccount is a customer register of Abomics Oy, used for storing information necessary for the use of the Service. The Service Provider processes the personal data in accordance with the Personal Data Act (523/1999), the Patient Act and other legislation. The Service Provider is responsible for the implementation of information security when storing and processing the Customer’s personal data. The data are used only for the provision of the Service. All data collected of the Customer are stored in secure servers located in the European Union and will not be transferred outside of the European Union. The data are not disclosed to anyone without the Customer’s consent or request. Genetic data may only be stored in secured platforms.
Use of the Data
The personal data provided by the Customer to the Service Provider are only used for providing the Service. The Customer’s data are processed in accordance with personal data legislation, patient legislation and other compelling legislation. The Service Provider is responsible for protecting the data in the Service.
The Customer cannot be identified based on the results of the genetic test. No tests other than the determination of specific genes material to pharmacogenetics are performed on the sample provided by the Customer. The Customer’s genetic information is processed only in protected environments.
Sharing of Data
Only secured connections are used for transferring genetic data. The Customer’s data are not disclosed to third parties unless necessary for the provision of the Service. The data provided by the Customer to the Service or other material collected in the Service are not disclosed to third parties. In case of an underage Customer, parents with a lawful or court-issued right to view the health data of the minor have the right to view also the health data in the Service.
Rights of the Customer
Deletion of Data
At his or her discretion, the Customer may delete his or her data from the Service at any time for any reason. There is a function for deleting the data in the Cloud Service. It deletes all Customer data from the Service. If the Customer wants the Service Provider to delete all information applicable to the Customer, the Customer may request this separately. In this case, the Service Provider is committed to deleting all data it has regarding the Customer, within a reasonable time. The Service Provider may destroy data without notice where such data are not needed for the provision of the Service.
8. Intellectual Property Rights Concerning the Service
The Service Provider or the Partner retains intellectual property rights to all materials included in the Service with the exception of the Customer’s personal data. The Service Provider owns the intellectual property rights to the appearance of the Service. Copying content subject to intellectual property rights and any commercial use thereof without the consent of the Service Provider is forbidden. Saving and printing content in the Service subject to intellectual property rights for private use is allowed. If content subject to intellectual property rights is quoted in accordance with the Copyright Act (404/1961), the source must be stated.
9. Limitation of Liability and Force Majeure
using the Service. The Service Provider is not responsible for the Customer’s equipment and software. However, no unreasonable resources may be required of the Customer for the use of the Service.
The Service Provider is responsible for the availability of the Cloud Service. The Service Provider does not, however, guarantee uninterrupted availability of the Cloud Service. Any maintenance and update work will be announced separately.
The Partners and Retailers are actors deemed reliable by the Service Provider, and the Service is produced with them. However, the Service Provider is not responsible for errors of the Partners or Retailers or the resultant damage.
The Customer is responsible for the accuracy of the data he or she has disclosed for the Service. The Service Provider is not responsible for the accuracy of the data provided by the Customer nor for any damage resulting from the lack of said accuracy.
Data produced in the Service may be utilised when making decisions related to the Customer’s treatment. The Service is not, however, intended as a replacement for services provided by healthcare professionals. The Service Provider is not responsible for decisions regarding the Customer’s treatment even if they were to be made on the basis of data obtained from the Service.
The Service Provider is not responsible for any loss of data that may be caused by deletion of data because of an interruption of the Service nor for any expenses arising from obtaining the data again.
The Service Provider and the Customer are not responsible for damage resulting for reasons beyond the parties’ sphere of influence or caused by unforeseeable reasons. The existence of such a reason must be demonstrable by the party referring to it. Notice regarding a force majeure must be made as quickly as possible after becoming aware of it. The Service Provider’s primary means is online communication and personal contacts.
10. Cancellation and Termination of the Service
The Customer may cancel the Service prior to using it or within 14 days of concluding the service agreement. The cancellation is done by notifying the Service Provider to that effect. The right of cancellation does not apply if the seal of one or both sampling devices has been opened. The right of cancellation does not apply if the Service has been materially rendered or the results have been delivered to the Customer. If the Customer cancels the Service while the Delivery of the order is in progress, any expenses incurred thus far from the provision of the Service may be charged from the Customer.
The Customer may withdraw from the Service at any time and close his or her account in the Cloud Service. If the Customer wishes for the Service Provider to destroy all information it has regarding the Customer at the end of the service relationship, the Customer must notify the Service Provider to that effect in writing. At the Customer’s option, the Customer may remove his or her user account from the Cloud Service by notifying the Service Provider of termination. In this event, the Service Provider will remove the user account and all personal data of the Customer.
The Service Provider may interrupt the service relationship on justifiable grounds. The Service can be interrupted if it causes harm to the Customer, Service Provider or a Partner. The Service can also be interrupted if payments for the use of the Service have not been paid appropriately. All payments fall due at the end of the Service, and no payments made will be refunded.
At the end of the service relationship, the Customer may back up his or her data at his or her option. The Service Provider is not responsible for damage caused by the destruction of data not backed up after the end of the service relationship.
12. Applicable Law and Jurisdiction