Welcome to our website, available at https://fdna.health or any other address as may be available from time to time (the “Website”), which is owned, operated and managed by FDNA Inc. (“FDNA”, “our”, “us” or “we”).
The Use (as defined below) of the Website is subject to these terms and conditions herein (as may be amended and/or updated from time to time) (the “Terms”). The Terms constitute the legal basis for any communication you may have with us in connection therewith. Please read this Terms carefully before using the Website. By using the Website in any manner, you confirm that you read, understood, accept and agree to be bound by the Terms without limitations. If you do not agree to this Terms, please do not use our Website.
For the purpose of these Terms, the following terms shall have the respective meanings set forth besides them:
“Content” shall mean any information of any kind incorporated in the Website, including, but not limited to, texts, verbal and visual content, articles, publications, legal updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application, texts and any other information displayed or presented on the Website, whether owned by FDNA or by a third party that granted FDNA with a right to use it in the Website.
“Use” shall mean any accessing and/or viewing and/or visiting and/or browsing the Website for any purpose. The Use of the Website is free of charge.
“User”, “you” or “your” (including any alterations thereof) shall mean any person or entity that Uses the Website for any purposes, using a computer and/or any other device, including cellular device and/or by any other means of communications.
III. SCOPE OF License. limitations of use
You must comply with all applicable laws, these Terms, as may be amended from time to time with or without advance notice, and the policies and processes explained herein.
The Website, among other Content, provides general information about us, including its practice areas, recent news & publications, special project we involved in, and our management team. We hereby grant you a worldwide, non-exclusive, non-transferable, non-sub licensable, non-commercial, limited and revocable license to Use the Website, solely for internal, legal and legitimate purposes. You may not Use the Website for any other purpose.
Without derogating from the generality of the above, You shall not: (a) modify, alter, reproduce, copy, rent, lease, loan, sell, publicly display, perform, distribute or otherwise Use the Website for any public and/or commercial purposes; (b) create derivative work based (whether in whole or in part) on any Content that is available on or through the Website; (c) crawl, decompile, reserve engineer, disassemble and/or otherwise attempt to reveal and/or derive the source code of the Website; (d) send and/or upload any “spam” or otherwise duplicative or unsolicited messages in violation of applicable laws; (e) send and/or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violate of third party rights; (f) send and/or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Website or the Content contained therein; (h) attempt to gain unauthorized access to Website or its related systems or networks; (i) create any link or deep linking and/or references to the Website from other sites; (j) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Website, or perform any other action in the Website or any part thereof in violation of the Terms and/or that would or might cause any damage to FDNA.
Without derogating from any other right granted to FDNA in accordance with applicable law and/or these Terms, any User acting in violation of the Terms will be denied access to the Website.
You agree to indemnify and hold harmless FDNA, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of the Website, your violation of this Terms, except in each case due to FDNA or the Website infringing the intellectual property rights of third parties or violating applicable law.
V. NOTIFICATIONS AND SERVICE MESSAGES
For purposes of messages and notices about the Website to you, FDNA may place a banner notice across its pages to alert you to certain changes such as modifications to this Terms.
VII. CONTRIBUTIONS TO FDNA
By submitting ideas, suggestions, documents, and/or proposals (the “Contributions”) to FDNA through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FDNA is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FDNA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FDNA may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to FDNA all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from FDNA under any circumstances.
VIII. POSTED DATA
Certain information and content made available by FDNA through the Website is gathered from publicly available data, and FDNA cannot guarantee the accuracy of such information. Use of the Website by you is conditioned upon your agreement that all of the information and Content is for informational and educational purposes only and should not be relied upon, and that as a User, you agree to hold harmless FDNA and other Users and data suppliers for your use or reliance on such information.
IX. CODE OF CONDUCT
You hereby undertake to always take the following actions:
- Comply with all applicable laws, including, without limitation, state and federal patient privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Review and comply with notices sent by FDNA concerning the Use of the Website;
- Use the Website in a professional manner.
You hereby undertake never to take the following actions:
- Download or otherwise disseminate any Content which may be deemed to be injurious, defamatory, violent, offensive, racist, sexist or xenophobic, or which may otherwise violate the purpose and spirit of FDNA and its community of Users;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer Content found on FDNA Website except as permitted in this Terms or as expressly authorized by FDNA;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Website, or any part thereof;
- Utilize or copy Content, or any data you view on and/or obtain from the Website to provide any service that is competitive, in FDNA’s sole discretion, with FDNA;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by FDNA unless you have entered into a written agreement with FDNA;
- Adapt, modify or create derivative works based on FDNA or technology underlying the Website, or other Content, in whole or part;
- Rent, lease, loan, trade, sell/re-sell access to FDNA or any Content therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize any service or functionality of FDNA, without the express written permission of FDNA.
- Deep-link to the Website for any purpose, (i.e. including a link to a FDNA web page other than FDNA’s home page) unless expressly authorized in writing by FDNA;
- Remove any copyright, trademark, insignia or other proprietary rights notices contained in or on the Website, including those of both FDNA and any of its licensors;
- Collect, use, copy, or transfer any Content, including, but not limited to, personally identifiable information obtained from FDNA except as expressly permitted in this Terms or as the owner of such information may expressly permit;
- Infringe or use FDNA’s brand, logos and/or trademarks, including, without limitation, using the word “FDNA” in any business name, email, or URL or including FDNA’s trademarks and logos or as expressly permitted by FDNA;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by FDNA;
- Access, via automated or manual means or processes, the Website for purposes of monitoring FDNA’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
- Attempt to or actually override any security component included in or underlying the Website;
- Without derogating from the above, each User agrees to be liable to FDNA for any act or omission of any of its employees or anyone on its behalf using the Website that would constitute a breach of this Terms if such acts or omissions were performed by User.
X. YOUR RIGHTS
Subject to your compliance with all your obligations under these Terms, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license and right to access the Website, through a generally available web browser (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of FDNA), view information and use the Content that we provide in accordance with these Terms. Any other use is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in FDNA and all related items.
XI. OUR RIGHTS AND OBLIGATIONS
a. Website availability
As long as FDNA continues to offer the Website, FDNA shall provide and seek to update, improve and expand the Content. As a result, we allow you to access the Website as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely in our sole discretion. All of these changes shall be effective upon their posting on our Website. FDNA further reserves the right to withhold, remove and or discard any Content available as part of our Website.
b. Third party sites and content
Accordingly, if you decide to access Third Party Sites, you do so at your own risk.
c. Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your Use and any other User Information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Terms; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of FDNA, our Users or the public. In addition, you hereby agree that FDNA may use User Information provided to you for promotional and marketing purposes.
XII. DISCLAIMER OR WARRANTIES
THE WEBSITE AND ALL CONTENT AND MATERIALS ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR GENERAL KNOWLEDGE AND FOR NON-COMMERCIAL USE ONLY. FDNA does not control or vet the Content for accuracy. We do not make and we disclaim all express and implied warranties and representations, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. Without limiting the foregoing, we do not warrant that access to the Website will be uninterrupted or error-free or that defects in the Website will be corrected. FDNA is not responsible and makes no representations or warranties for the delivery of any messages sent through the Website to anyone. Any material, service, or technology described or used on the Website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
XIII. MEDICAL DISCLAIMER
The Content displayed on the Website may include medical information. The Website and any Contents is for informational and educational purposes only and are not a substitute for the independent professional medical judgment, advice, diagnosis, or treatment of a health care professional in diagnosing and treating patients. Neither the content nor any other service offered by or through the Website is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that FDNA is not responsible or liable for any claim, loss, or damage arising from the use of the information. FDNA does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned through the Website. The Use of the Website or your reliance upon the Content obtained or used by you is solely at your own risk.
FDNA reminds you that the Website are not meant to serve as a substitute for professional medical judgment. Additionally, while using the Website, health care providers should always exercise their professional judgment in evaluating their patients, and should carefully consider any treatment plan. FDNA encourages Users to confirm the information made available or otherwise obtained through the Website with other reliable sources before undertaking any treatment. Any advice received through the use of the Website (to the extent received) may not be relied upon for making any decisions, including (without limitation) in professional, medical, legal, personal or financial matters. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through the Website.
You understand and acknowledge that before making any decisions about receiving medical treatment or changing existing medical care based on the information provided in this website, you must consult with a qualified physician.
The Website, including any Content displayed on the Website does not constitute and should be considered as an offer for, or an invitation by or on behalf of FDNA to provide any service.
No action (i.e. stop taking a drug, changing frequency, dosing, etc.) should be taken based on the Content displayed on the Website without consulting with your doctor first. Only the doctor has the mandate to change your medication treatment. FDNA will not be liable for any damages in this regard.
XIV. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES SHALL FDNA, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, AFFILIATES OR OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO OR IN CONNECTION WITH THE WEBSITE OR CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE (INCLUDING THE WEBSITE), AND/OR RESULTING FROM EXPOSURE TO COMPUTER VIRUSES OR OTHER MALWARE, WHATEVER THE GROUNDS OF CLAIM OR CAUSE OF DAMAGE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MEDICAL PROBLEMS, LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS, ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FDNA, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, AFFILIATES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THE CONTENT, OR WEBSITE OR ANY DECISION MADE IN RELIANCE ON THE CONTENT, CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THE WEBSITE IS TO DISCONTINUE USING THE WEBSITE AND THE RELATED CONTENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FDNA’S LIABILITY FOR DAMAGES FOR ANY CLAIMS WHATSOEVER, AND FOR ALL CLAIMS IN THE AGGREGATE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100). THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WITHOUT IT THE TERMS AND PRICES CHARGED WOULD BE DIFFERENT. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (1) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY; AND/OR (2) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; AND/OR (3) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL THEIR ESSENTIAL PURPOSE.
THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL APPLY: (I) EVEN IF FDNA, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
XV. LAW AND FORUM FOR LEGAL DISPUTES
This Terms and the relationship between you and us shall be governed by the laws of the Delaware State, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
This Terms or any claim, cause of action or dispute (the “Claim”) arising out of or related to this Terms shall be governed by the laws of the State of Delaware regardless of your country of origin or where you access the Website, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and FDNA agree that all claims arising out of or related to this Terms must be resolved exclusively by a competent court located in the State of Delaware. You and FDNA agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims. Notwithstanding the above, you agree that FDNA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
XVI. INTELLECTUAL PROPERTY
Title and full, exclusive ownership rights in the Website (and all parts of either, including the Content, excluding User Information), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including reports and data related to your usage of the Website, are the exclusive property of FDNA. Any suggestions, recommendations, improvements, inventions and feedback by you or by anyone on your behalf in connection with the Website, and other services, products or solutions of FDNA are the sole property of FDNA, irrespective of the creator.
XVII. DOMICILES FOR NOTICES
The notice address for FDNA will be:
For FDNA: FDNA Inc., 490 Sawgrass Corporate Parkway, Suite 200 Sunrise, FL 33325, United States of America.
If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Terms will not be affected in any way.
b. Entire agreement
You agree that the Terms constitutes the entire, complete and exclusive agreement between you and us regarding the Website and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FDNA services, third-party content or third-party software.
c. Initial posting and amendments to the Terms
d. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by this Terms, no representations, statements, consents, waivers or other acts or omissions by any FDNA affiliate shall be deemed legally binding on any FDNA affiliate, unless documented in a physical writing hand signed by a duly appointed officer of FDNA.
e. No injunctive relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Website or any Content or other material used or displayed through the Website.
f. Assignment and delegation
You may not assign or delegate any rights or obligations under this Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, FDNA for any third party that assumes our rights and obligations under this Terms.
XIX. COMPLAINTS REGARDING CONTENT POSTED ON OUR WEBSITE OR MOBILE APPLICATIONS
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting FDNA’s Copyright Agent (listed below), and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
FDNA’s designated Copyright Agent for notice of claims of infringement is:
FDNA Inc., 490 Sawgrass Corporate Parkway, Suite 200 Sunrise, FL 33325, United States of America.
email: [email protected]
Last updated: March 07, 2023.
Please note that some privacy rights and obligations may differ in certain locations based on local law, in which case FDNA will comply with the local legal requirements.
II. WHAT INFORMATION WE MAY COLLECT
a. Personal data
In certain cases, FDNA may collect personal data about you, including without limitation, your title, name, e-mail address and phone number. You are under no obligation to provide personal data but your refusal to do so may prevent you from using certain Services.
Personal data is collected at the following times:
- When you use our Services, we may ask you to optionally provide your name, occupation, phone number, email address and other personal data. We collect this information and use it to provide the relevant Services.
- When you contact us, we may collect information in order to, among other things, accurately categorize and respond to your inquiry and deliver the appropriate Service.
- When you select to receive educational and event communications or product or other related communications.
b. Non-Personal data
In addition to the personal data we may collect when using our Services, we may collect non-personal data about your use of our Services, including pages and screens that you view, your computer’s internet protocol (IP) addresses, your computer’s or mobile device operating system and/or browser type, the identity of your internet service provider, referring/exit pages, date/time stamp, and click-stream data (i.e., a list of pages or URLs visited). In some cases, this non-personal data may be collected automatically and stored in log files to help us analyze trends, administer the Website, track users’ movements around the Website, and gather demographic information about our user base as a whole. However, this information, when used together with cookies (see “cookies” below for more information) or if collected when you are logged-in, may be used to link or associate such information to your personally identifiable information.
III. USES OF THE PERSONAL DATA WE COLLECT
The information you choose to provide when using our Service is collected by FDNA for the following purposes:
- To provide our Services.
- To improve our Services, including our Website.
- To communicate with you.
- To respond to your query and for the purpose of further contact in this matter.
- To process your requests.
- To defend against or to make claims.
- To administer our Website under our terms and for internal operations, including troubleshooting, and data analysis, testing, research, statistical and survey purposes.
- To improve our Website and to ensure that content is presented in the most effective manner for you and for your computer.
- To customize your experience on our Services.
- To keep our Website and other systems safe and secure.
- To advertise, market and provide information about us or our services.
- To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising (adapted to your preferences).
- To make suggestions and recommendations about Services that may interest you or the person that you work for and subject to your stated preferences, where relevant.
- To comply with applicable laws, such as tax laws, and to maintain appropriate records for internal administrative purposes, and to comply with applicable legal and regulatory obligations and respond to lawful government requests, as needed.
- To fulfill any other business or commercial purposes at your direction or with your consent.
IV. DIRECT MARKETING
You can unsubscribe from receiving these marketing communications at any time. To unsubscribe send an email to [email protected].
V. FDNA’s COMMUNICATIONS TO YOU
FDNA will communicate with you through email, through notices posted on our Website or through other means, including push notifications, text and other forms of messaging. If we send any communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device).
Our communications to you include emails or other messages which help us operate and improve our Services, respond to your comments and questions and provide customer service, provide and deliver products and services you request, send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. To better understand you we may tailor messaging and services based on your interests, preferences, needs and specialties, send you information via email about products and services or new features, we or our selected partners offer.
VI. SHARING INFORMATION WITH THIRD PARTIES
FDNA does not share any personal data it collects with any third party, except for the following cases.
We may employ other companies or individuals to perform functions on our behalf. Examples of those service providers include analyzing data, providing marketing assistance and providing customer service. They may receive limited access to personal data needed to perform their functions, but they may not use it for other purposes.
We may use third-party software for various internal needs. Examples of those software include file storage services, analytics tools, infrastructure platforms and communication platforms.
We may segment our users by occupation, specialty, geographic location or other similar information and provide information from your public profile as part of our Services and product offerings.
It is possible that we may need to disclose personal data when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement personnel. We will disclose such information when we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to FDNA brought in any country throughout the world, or to exercise our legal rights or defend against legal claims.
VII. SURVEYS AND POLLS
The Services are intended for a specific audience and are not intended for minors under the age of eighteen. FDNA does not wish to obtain any information from or about such minors. If you are under eighteen years old, do not use our Services.
We do not knowingly gather personal data (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) about children under the age of 13. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, please contact our us at any time by emailing us at [email protected]. We will remove the data to the extent required by applicable laws.
IX. YOUR RIGHTS AND CHOICES
You have a right to modify or remove the data about you, which has been collected pursuant to your decision to become a User.
a. Modifying information
You can review the personal data you provided us, including your email and contact preferences, at any time by emailing us at [email protected]. Please be aware that even after your request for a change is processed, we may keep a copy of the information which you originally provided to us in our backup and/or archival copies of our database, as we deem necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
b. Changing your selections about our communications to you.
You can choose to receive educational and event communications or product or other related communications from us at any time. If you do so, you may choose to unsubscribe from receiving such communications at any time, by emailing us at [email protected]. As long as you continue to use the Services, we will continue to communicate to you any information relating to product support, operations and updates and related communications. If you wish to stop those communications, you will be requested to stop using our services.
c. Removing information
You can also request to remove your personal data at any time. If you do so, we will remove all of the information that you have provided to FDNA and we may deny further access to our Services. We may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, or if required by law. FDNA disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information, subject to applicable data protection and privacy regulations. FDNA does not control when search engines update their cache, which may contain certain public profile information that has since been removed from FDNA’s publicly viewable database.
To request that we remove your information, please send your request to [email protected]. You will receive a response within ten (10) business days of its receipt.
X. YOUR OBLIGATIONS
As a User, you have certain obligations toward FDNA:
- You must not download or otherwise disseminate any information which may be deemed to be injurious, defamatory, violent, offensive, racist, sexist or xenophobic, or which may otherwise violate the purpose and spirit of FDNA and its community of users.
- You must not provide information to FDNA which you believe might be injurious or detrimental to your person, professional or social status.
XI. DATA RETENTION
We process personal data only for so long as is necessary for the purposes for which it was originally collected, after which it will be deleted or archived except to the extent that it is necessary for us to continue to process it for the purpose of compliance with legal obligations to which we are subject or for another legitimate and lawful purpose.
The data retention periods may be extended, if necessary, in the event of any claims and court proceedings – for the duration of these proceedings and their settlement.
Sometimes your personal data may be available in different sites and places such as the Internet for indefinite period, and the group of recipients of your data is therefore unlimited.
XII. HOW WE PROTECT YOUR INFORMATION
We are committed to protect the security of your information. Therefore, we use a variety of industry-standard security technologies and procedures to help protect such information from unauthorized access, use, or disclosure. In addition, we protect your information from unauthorized physical access by storing such information in a controlled facility.
Protecting your personal data is also your responsibility. We ask you to be responsible for safeguarding your information.
XIII. DATA PROTECTION OFFICER
FDNA has a “Data Protection Officer” (DPO) who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address:
Attn: Data Protection Officer
490 Sawgrass Corporate Parkway, Suite 200 Sunrise, FL 33325, United States of America
email: [email protected]
XV. ADDITIONAL INFORMATION FOR USERS OF THE EUROPEAN UNION
This section applies to the processing of personal data that is within the scope of the EU General Data Protection Regulation (“GDPR”) – when it is carried out by FDNA (as a data controller) and concerns users who are in the European Economic Area (the “EEA”). In case of any doubts please contact us at [email protected].
b. GDPR Compliance
FDNA complies with the GDPR in regards to collecting, processing, and transferring the personal data of our EEA to non-EEA areas.
Our servers and data processing facilities are based in Ireland. In principle, all data processing activities are conducted within the EEA. However, in case we rely on a provider with data processing premises in a non-EEA country or in a jurisdiction that has not been declared adequate by the European Commission, FDNA uses EU standard contractual clauses (an agreement approved by the European Commission which gives personal data the same protection it has in the EU for data processing in non-EU countries) to ensure compliance with applicable EEA data protection and privacy regulations for our EU users. The EU standard contractual clauses used are available under the URL https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en
If you have any questions or concerns, please send an email to [email protected].
c. Identity and details of the Data Controller
The data controller is FDNA Inc., 490 Sawgrass Corporate Parkway, Suite 200 Sunrise, FL 33325. United States of America.
d. Legal basis of processing
If you are contacting us, for example, you have given us your information with a request to send you particular information, we process your data in order to respond to your query and for the purpose of further contact in this matter. The legal basis for the processing of your personal data in accordance with this purpose will be your consent (Art. 6(1)(a) GDPR).
We process personal data for marketing purposes, particularly to promote FDNA (for example, to contact you from time to time to promote our Services), send advertising, advertising approaches, satisfaction surveys and to better adapt the content of our communications to your needs. These data processing activities are based on your consent (Article 6 (1)(a) GDPR).
We process data regarding using of our Website for the purpose of proper management of our Website, to improve its performance, ensure its security, adapt its content to your preferences. In addition, we gather this data for internal purposes, including resolving issues, conducting data analyses, testing, research, statistics, and for survey purposes. The legal basis of our activities is your consent, except for cases when the use of such data is essential for the functioning of our Website (electronic provision of a service to you within that scope); in such cases the legal basis will be our legitimate interest (Art. 6(1)(f) GDPR).
Additionally, with regard to processing of your personal data in order to:
- defend against or to make claims – the legal basis for processing of your personal data will be our legitimate interest (Art. 6(1)(f) GDPR);
- fulfil legal obligations of the data controller (g. tax, accounting) – the legal basis for processing of your personal data will be the necessity for compliance with a legal obligation to which the controller is subject (Art. 6(1)(c) GDPR).
e. Data retention
As a general rule, personal data:
- processed on the basis of our legitimate interest will be processed until the objection to processing or the fulfilment of the purpose for which it has been processed;
- processed on the basis of your consent will be processed until its possible withdrawal or fulfilment of the purpose for which it was given.
The above-mentioned rules will apply unless any law or regulation (e.g. regarding archiving, taxation, accounting) or an order issued by any authority obliges us to process such data for a longer period, or in case of potential claims, for such claim’s limitation period specified by law – whichever is longer.
f. Your rights
You may assert the following rights towards FDNA at any time free of charge. We will need to verify your identity in such circumstances and may request more information or clarifications from you if needed to help us locate and provide you with the personal data requested.
- Right of access. You have the right to obtain confirmation as to whether personal data concerning you are being processed by us and if so, which personal data concerning you is processed by us and to learn which third parties domestic or abroad your personal data has been transferred to. Furthermore, you have the right to obtain a copy of the personal data undergoing processing by us.
- Right to rectification. You have the right to obtain rectification of any inaccurate or completion of any incomplete personal data concerning you. You can also request that your personal data be corrected accordingly by third parties to whom we have transferred this data.
- Right to erasure. You have the right to obtain the erasure of your personal data if the legal conditions are met. Accordingly, you may obtain the erasure of your data, for instance, if it is no longer necessary for the purposes for which it was collected. Furthermore, you may obtain erasure if we process your personal data on the basis of your consent and you withdraw this consent. You can also request that your data be erased accordingly by third parties to whom we have transferred this data.
- Right to restriction of processing. You have the right to obtain the restriction of the processing of your data if the legal requirements are met. This is the case, for example, if you contest the accuracy of your personal data. For the duration of the verification of the accuracy of the data you can then obtain the restriction of the processing.
- Right to object. You have the right to object to the processing of your personal data in the following cases:
- If the processing is for direct marketing purposes, including profiling related to direct marketing.
- If the processing, including profiling, is based on the following legal grounds:
- necessary for us to perform a task in the public interest under Article 6 (1)(e) of GDPR; or
- necessary for the data controller’s or a third party’s legitimate interests under Article 6 (1)(f) of GDPR and if we are not able to demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. In case of such objection, we kindly ask you to state the reasons for objecting to the data processing.
- Right to data portability. If personal data processing is based on consent or contract performance and, in addition, is carried out by automated means, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Furthermore, you have the right to have the personal data transmitted directly from us to another controller, where technically feasible.
- Right to withdrawal. If data processing is based on your consent, you have the right to withdraw your consent at any time and free of charge, with effect for the future.
- Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority or other applicable privacy regulator about our processing of your data. This can be for example the data protection authority in your country of residence. A list with all data protection authorities in the European Union can be found here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. We certainly encourage you to first contact us at [email protected].
g. Data Protection Officer
Our Data Protection Officer (DPO) is available to you as a contact person for all data protection-related concerns and for exercising your rights under Section (e.) above. We will inquire into any concerns you have and respond to your requests regarding your rights under data protection law to you in writing within one month of receipt of the request. That period may be extended by us two further months where necessary, taking into account the complexity and number of the requests. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay. Where you make the request by electronic form means, the information will be provided by electronic means where possible, unless otherwise requested by you. If you are not satisfied with our response, you can exercise your right to lodge a complaint referred to in Section e above.
XVI. ADDITIONAL INFORMATION FOR USERS OF CALIFORNIA
This section applies only to California residents. Pursuant to the CCPA below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140(o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third-parties with whom we may share your Personal Information. As described further below, FDNA does not “sell” your Personal Information.
a. Personal Information we collect
We generally collect the following categories of Personal Information about you when you use our Websites:
- Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices.
- Commercial information such as records of products or services purchased, obtained, or considered by you.
- Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Website, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information.
- Your geolocation, to the extent you have configured your device to permit us to collect such information.
- Inferences about your preferences, characteristics, behavior and attitudes.For more information about the Personal Information we collect and how we collect it, please refer to “What information we may collect” section above.
We collect your Personal Information for the business purposes described in the “Uses of the personal data we collect” above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of third-parties with whom we may share your Personal Information are listed in the “Sharing information with third parties” section above.
b. California Privacy Rights
If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.
Access to Specific Information and Data Portability Rights
Subject to certain exceptions, if you are a California resident you have the right to request a copy of the Personal Information that we collected about you during the 12 months before your request. Once we receive your request and verify your identity, we will disclose to you:
- The categories of Personal Information we have collected about you;
- The categories of sources for the Personal Information we have collected about you;
- Our business or commercial purpose for the information collection;
- The categories of third parties with whom we share that Personal Information; and
- The specific pieces of Personal Information we collected about you.
d. Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
We will not discriminate against you for exercising your right to know, delete, or opt-out of sales.
f. Opting-Out of Sale
g. Direct Marketing
If you are a California resident, you can request a notice disclosing the categories of Personal Information we have shared with third parties for the third parties’ direct marketing purposes. To request a notice, please submit your request by postal mail as described in the relevant section above.
Last updated: March 07, 2023.