Terms of Engagement
This set of documents consists of the following:
D. Information on Personal Data and Protection
2. ACCEPTANCE OF TERMS AND CONDITIONS
All information and services displayed on any of the Company’s websites constitute an “invitation to offer”. Your request for availment constitutes your offer which shall be subject to the terms and conditions as listed below. All the terms and conditions form an Agreement regulating our relationship with regard to the use of online transactions.
All the terms and conditions must be read very carefully. If you do not agree to any of the terms and conditions, you should not use this service. Your use of a Site shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. By using this facility, you accept that this will form a legally binding agreement between you and DCG.
“User”/ “You” means and includes you and/or any person or an entity using or accessing the services provided on this Site.
ii. “Site” means the online transaction platform owned and operated by DCG which provides a venue to buy the products/services listed on the respective websites.
iii. “Services” connotes Pay / Part Pay for the Forms that appear on any of our websites where the user/ applicant can fill the form online and services promoted/displayed on the Site and offered for any use/sale.
iv. “DCG” means Datar Cancer Genetics.
You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules, and regulations.
- MODIFICATION OF TERMS AND CONDITIONS OF SERVICE:
- ELECTRONIC COMMUNICATION
When you visit any of the Company’s websites or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- CREDIT CARD DETAILS
To avail of and use our Services you will have to register with DCG with details of your information like email-id, name, mobile / telephone number, date of birth, etc., and then you have the option to submit the form with an online payment option. As a part of the registration process, you agree to provide credit card details, etc. You agree, understand, and confirm that the credit card details provided by you for availing of services offered by DCG will be correct and accurate, and you shall not use a credit card which is not lawfully owned by you. You represent that you have valid rights and title in any and all contents/credit card details that you submit on the Site, that you have not infringed on any right over the same belonging to any party, and further that you will indemnify DCG or its affiliates for all claims arising out of any content/credit card details that you post on the Site. You further agree and undertake to provide the correct and valid credit card details to DCG. DCG will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to prove otherwise shall be exclusively on the user.
You acknowledge and agree that DCG may preserve content and the said information will not be utilized and shared or disclosed by DCG with any third party unless required to do so by law or in good faith or honest belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, law, regulation, or court order;
(b) enforce the Terms and Conditions of this agreement;
(c) respond to claims that any credit card details violate the rights of third parties;
(d) respond to your requests for customer service.
7. REVISION OF CHARGES / SERVICES
DCG reserves a right to revise the fees or other charges, withdraw/suspend/ cancel/discontinue any or all of the services without prior notice, and make modifications and alterations in any or all of the content, products, and services contained on the site without prior notice and at the sole discretion of DCG.
8. CANCELLATION / REFUND POLICY
Cancellation of the Test is allowed only up to the receipt of the sample at our facility by writing to us at [email protected]. In such a case we will refund any payments already made, after accounting for the logistical/kit charges. Refunds will be processed within 7-10 working days in the original mode of payment.
- NON-DELIVERY OR LATE DELIVERY DUE TO MISTAKES OF THE USER
In case of non-delivery or late delivery of service, partially or entirely due to a mistake by the user (i.e. wrong / incomplete name/address or recipient not available), is chargeable to the user placing the request / using the form.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and DCG and you shall have no authority to bind DCG in any manner, whatsoever.
11. DOWNLOAD BROCHURE + SAMPLE REPORT
On my request, Datar Cancer Genetics (DCG) has agreed to permit me to access and download a copy of the brochure and specimen Test Report on the following express conditions which I hereby declare are binding on me and also declare that but for such acceptance by me, DCG would not have permitted me to download and obtain a printout of the said brochure and specimen report. I have read the Terms and Conditions set out below carefully and after full consideration and understanding of my responsibility, and the fact that the information is provided to me for my bona fide personal use and made available in ‘trust’, I subscribe to the same as under:
12. TERMS AND CONDITIONS
• I have correctly declared my true legal name in the information submitted at the time of my request.
• That I am a person above the age of 18 years and legally competent to enter into a lawful and binding contract.
• That I expressly recognize and do not dispute that DCG is the sole Copyright holder and Intellectual Property holder in respect of all contents in regard to the test procedure, the process of analysis, layout, and contents of the Brochure / Report, the design and artwork and all such other intangible and intellectual property of DCG which is materially related to the said Report and I undertake not to infringe and/or prejudicially use and/or disclose to any third person the said information/report/material particulars to the prejudice of DCG.
• That I shall not directly or indirectly derive any commercial benefit from the said material so downloaded by me and/or any intellectual property related thereto.
• I recognize and declare that in case of breach of any of the aforesaid express covenants and all the implied duties of a trustee, DCG would be entitled to both monetary and injunctive reliefs against me and I consent to pass an injunctive order against me in the event of infringement/breach of the aforesaid undertakings and declarations.
• I solemnly declare as above.
13. GOVERNING LAW AND JURISDICTION
This agreement and the relationship between you and DCG shall be governed and construed in accordance with applicable laws in the State of Delaware. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the State of Delaware for all disputes arising out of or relating to the use of the sites/services.
14. SETTLEMENT OF DISPUTES
Without prejudice to any provisions in the terms and conditions herein, any dispute or difference arising out of or touching this agreement shall be settled amicably in the first instance. The Parties agree to arbitrate any and all unresolved disputes arising under these terms, under the Delaware Rapid Arbitration Act.
15. FORCE MAJEURE
DCG shall have no liability to you for any interruption or delay in access to the Site and service irrespective of the nature of the cause.
16. WAIVER AND SEVERABILITY
The failure of DCG to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 party’s intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You shall indemnify and hold harmless DCG and its respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions.
By using DCG’s sites and services, you signify your acceptance of this “Privacy Statement” and “Terms and Conditions”. If you do not agree or are not comfortable with any policy/terms described in this document, your only remedy is to discontinue the use of DCG sites. We reserve the right to modify this Privacy Statement at any time without notice or assigning any reason for such modification.
- ENTIRE AGREEMENT
This policy covers all transactions between DCG and any person located in United States of America availing services of the company from its facilities in the United States of America.
- THE INFORMATION WE COLLECT
2.1 Data Protection Act
Collection of Data
While you access our website, we automatically collect data of a general nature. This data (server log files) includes, for example, the type of your browser, your operating system, the domain name of your Internet provider, and other similar general data. This data is absolutely independent of the person and is used to display the website correctly to you and is retrieved every time you use the Internet. The absolutely anonymous data is statistically evaluated in order to improve our service for you.
Contact information may be used to send you information (by post, phone, e-mail, or mobile message) on other products and services provided by our company. If you do not wish to receive promotional or marketing information, you can contact us by sending an e-mail to [email protected].
2.3 Chargeable Services
If you use chargeable services, additional data may be required, including information on the type of payment. The use of the latest technology and encryption procedures ensures comprehensive protection of your data.
2.4 Contact Form
If you contact us via our contact page or send us an email, the relevant data will be saved for processing.
2.5 Deletion or Blocking of Data
Your personal data will only be stored for as long as it is absolutely necessary to provide the specified services required by you and as required by law. After these deadlines have expired, users’ personal data are regularly blocked or deleted.
2.6 Google Analytics
2.7 Google Remarketing
Our website uses the Google remarketing function, which is used to show visitors to websites that belong to the Google advertising network, individual advertising. A “cookie” is saved in your browser with which you can be recognized when you visit a website that belongs to the Google advertising network. You may be presented with advertising that is related to visits to other websites that also use the Google remarketing function.
2.8 Google AdWords
Our website uses Google conversion tracking. If you have reached our website by clicking on a Google ad, Google Adwords will save a conversion tracking cookie on your computer. After 30 days, these cookies lose their validity, website visitors are not identified. Within the 30-day period, we and Google can determine that the user initially clicked on the ad to land on our page. Google AdWords cookies are customer-specific and cannot be tracked via the websites of AdWords customers. The information collected with conversion cookies is used to create conversion statistics for AdWords customers who use conversion tracking. Customers find out how many users have used an ad to visit their site.
If you do not want to participate in tracking, you can specify this in the browser settings. The automatic setting of cookies can generally be deactivated or you can set your browser so that googleleadservices.com cookies are always blocked.
Opt-out cookies must not be deleted if you want to refuse the recording of measurement data. If you delete the cookies in your browser, all opt-out cookies must be set again.
2.9 Social Plugins
We use social plugins from the providers listed below on our website. Plugins are marked with the corresponding logo.
The service operator may receive information and personal data of our visitors through such plugins. A 2-click solution installed by us prevents the unobvious collection and transmission of data to the service provider. The collection of information and its sending to the service provider is only triggered if a social plug-in is activated by you with a click.
It is beyond our control which data such a plugin collects as soon as it is activated and how it is used afterward. In some cases, direct connections to the services of the respective provider are created and the IP address and specific usage information can be recorded and used. Service providers can also try to save cookies on their computers. You can find out how these cookies work in the data protection information of the respective provider. Facebook can identify you as a visitor if you are currently logged into your Facebook account.
Social media buttons from the following companies are integrated on our website:
Google Plus / Google Inc. (1600 Amphitheater Parkway – Mountain View – CA 94043 – USA)
Our website uses “cookies”. Cookies are text files that are transferred from the server of a website to your computer. Certain data such as the IP address, browser, operating system, and internet connection are transferred.
Cookies do not start programs and do not transmit viruses. The information collected by cookies is used to make navigation easier for you and to optimize the display of our website.
Data that is collected by us will never be passed on to third parties or linked to personal data without your consent.
2.11 Information, Correction, Blocking, Deletion, and Objection
You can request information about your data stored by us at any time. These can also be corrected, blocked or, if the prescribed periods of data storage for business transactions have expired, deleted. Our data protection officer will help you with any relevant questions. You can find his contact details below.
Blocked data are kept in a special lock file for control purposes. If the legal archiving obligation has expired, you can also request the deletion of the data. Within the archiving obligation, we can block your data on request.
Changes or revocation of the consent can be made by notifying us. This is also possible for future promotions.
2.12 Changes to the Data Protection Regulations
Our data protection declaration can be adjusted at irregular intervals so that it complies with current legal requirements or to implement changes to our services, e.g. when adding new offers. The new data protection declaration will then automatically apply to your next visit.
2.13 Contact the Data Protection Officer
If you have any questions about data protection, please send us a message to r[email protected] with the subject “Data protection”.
3. KEEPING YOUR INFORMATION SECURE
We use the latest technology to protect the information we hold or control against loss, misuse, alteration, or pilferage as mandated by applicable law.
Please note that the internet and emails may not be 100% secure. Do bear this in mind before disclosing personal and confidential information.
4. EXTERNAL LINKS TO OTHER WEBSITES
We do not accept responsibility for the content or privacy practices of any website that our website links to using a hypertext link. We provide these links as is basis: we do not provide or imply any warranty for the information that they provide.
5. PAYMENTS BY CREDIT, DEBIT CARDS, AND NET BANKING
If you would like to pay by credit card, debit card, or net banking, we will act solely as the facilitator of the respective payment method and will provide the products to the customer. All complaints and claims for compensation will be handled by the payment method provider. With regard to payments made by credit card, debit card, or net banking, the payment method provider acts as the merchant of the product and the trade transaction takes place between the customer and the payment method provider. The payment method provider is also the interim recipient of the payment and we may outsource the transaction mechanism with any third party in this regard.
6. CUSTOMER-INITIATED ORDER CANCELLATIONS AND CHANGES
You can make changes to or cancel your order at any time before your order has been processed and before sample collection. To make changes to your processed order, please contact us at [email protected].
7. REFUND POLICY
You may be entitled to a refund (total / partial) of the amount in case the test is canceled / sample collection does not happen etc. as per terms of the Company’s refund policy.
8.1 Liability for Content
The contents of our websites were created with great care. However, we cannot accept any liability for the correctness, completeness, and accuracy of the content. As a service provider, we are responsible for our own content on these pages in accordance with general law. As a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. Liability in this regard is only possible from the point in time at which we become aware of a specific legal violation.
8.2 Liability for Links
Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of legal violations, we will remove such links immediately.
The content and works on these websites created by the website operator are subject to applicable copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private and non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. If you should nevertheless become aware of a copyright infringement, we ask for a corresponding hint. As soon as we become aware of legal violations, we will remove such content immediately.
9. PERSONAL INFORMATION
10. GENERAL TERMS
The contract for sale of ordered services will be solely between you and DCG and is governed by the laws of the State of Delaware.
Any dispute arising from this transaction is subject to the laws of the State of Delaware.
- Cookies Policy
1. WHAT ARE COOKIES?
Cookies are small text files that are stored in the web browser that allows Datar Cancer Genetics or a third party to recognize you. Cookies can be used to collect, store and share bits of information about your activities across websites, including on the Datar Cancer Genetics website.
Cookies might be used for the following purposes:
• To enable certain functions
• To provide analytics
• To store your preferences
• To enable ad delivery and behavioral advertising
Datar Cancer Genetics uses both session cookies and persistent cookies.
A session cookie is used to identify a particular visit to our website. These cookies expire after a short time, or when you close your web browser after using our website. We use these cookies to identify you during a single browsing session, such as when you log into our website.
A persistent cookie will remain on your devices for a set period of time specified in the cookie. We use these cookies when we need to identify you over a longer period of time. For example, we would use a persistent cookie if you asked that we keep you signed in.
3. WHAT ARE YOUR COOKIES OPTIONS?
If you don’t like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and not accept new cookies. To learn more about how to do this, visit the help pages of your browser.
You acknowledge and agree that DCG may preserve content and the said information will not be utilized and shared or disclosed by DCG with any third party unless required to do so by law or in good faith or honest belief that such preservation or disclosure is reasonably necessary.
- Information on personal data and protection
Datar Cancer Genetics is a molecular genetic laboratory processing tissue and blood samples for the purpose of generating reports that may aid detection, diagnosis, and treatment guidance. Your personal information is processed in accordance with the applicable data protection laws and will be used only for the purpose gathered.
In terms of the said provisions, Datar Cancer Genetics Inc incorporated in the State of Delaware is the Data Processor. Personal details shared with us would include details like name, age gender, address, contact data, and medical information such as clinical history, diagnosis, medical reports, etc. as necessary for the analysis preparation of the report.
The Sites are controlled by DCG from its offices in the United States. We may store and use information in the United States, the UK and other jurisdictions. Any personal information provided to us will be transmitted to or within those jurisdictions. We may also may transfer information and personal information to other jurisdictions to facilitate our third party processors’ access to and/or processing of information and/or personal information, subject to applicable laws in the respective jurisdictions.
We make no representation that materials on our Sites are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access our Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Use of the data: The personal details shared with us as data processors are used to processing the provided sample for the ordered test and report the findings to your clinician and/or you on your request; and organize logistics, invoicing, and service delivery. The information received is protected and processed in terms of the applicable laws discharging all duties of confidentiality. The collection and receipt of these special categories of personal data is a prerequisite for performing the analysis.
We protect your data by keeping it in digital form and restricting access to authorized persons required to see it for the purpose of providing your report.
Data Retention: Personal data is required to be retained for a period of 30 years in compliance with various regulatory requirements.
Your rights in respect of the data shared: You have the right to request through your data controller a copy of your personal data which Datar Cancer Genetics holds, to ask for any corrections in respect of the data if it is inaccurate, or to request that the data be erased where it is no longer necessary for Datar Cancer Genetics to retain such data.
To exercise any such right about your data, or for any information or complaints, you can write to our Chief Information Officer (CIO) at [email protected].