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Gene by Gene Privacy Policy

Your privacy is important to us. This privacy statement explains what personal data we collect from you and how we use it. We encourage you to read the summaries below.

This statement applies to all Gene by Gene products. References to Gene by Gene products in this statement include Gene by Gene tests, features or services offered by, and websites maintained under any of our subsidiaries.

Gene by Gene, Ltd., performs DNA testing for genealogy, ancestry, medical, research and paternity through our subsidiaries, including Family Tree DNA, DNA Findings, DNA Traits, DNADTC, and Gene by Gene.

Gene by Gene owns and runs its own lab, the Genomics Research Center in Houston, Texas.

In addition, Gene by Gene owns and operates the websites GenebyGene.com, DNATraits.com, FamilyTreeDNA.com, DNAFindings.com and DNADTC.com ("Gene by Gene websites").

For the purposes of this policy, “Gene by Gene” (“we”, “us”, “our” “the Company”) refers and applies to all subsidiaries and websites in the Gene by Gene corporate family, unless specifically stated otherwise.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO RESOLVE DISPUTES. IT ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

In addition to the PRIVACY POLICY below, Family Tree DNA also adheres to the Genetic Genealogy Guidelines as proposed by the Genetic Genealogy Standards Committee in January 2015.

Please note that the Family Tree DNA Website Terms of Service and Usage and the Family Tree DNA Refund Policy are listed separately from this document. Please see those respective pages for those details.

Gene by Gene and the EU-U.S. and Swiss-U.S. Privacy Shield

Gene by Gene complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Gene by Gene has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Gene by Gene commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Gene by Gene at: ombudsman@genebygene.com.

Gene by Gene has further committed to refer unresolved privacy complaints under the EU-US and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

Contact Us

For all questions or comments on our privacy practices, or in the event of a complaint, please contact: ombudsman@genebygene.com.

Purposes of this Document

This document (Gene by Gene Privacy Policy) is intended to explain how Gene by Gene manages the privacy of your personal data and other information that can be used to identify you, either alone or in combination with other information, including your DNA samples and test results (collectively, “Personal Information”).

We use your Personal Information to provide you with Gene by Gene services, customized reports and features. Customers who use certain services provided by Gene by Gene are offered an opportunity to sign a Consent Form, also referred to as a Release, specific to each subsidiary which allows them to take full advantage of those services.

In the absence of a specific Consent Form, this Privacy Document will prevail.

By using the Gene by Gene websites and the services offered, you consent to the collection, use, storage and disclosure of your Personal Information by Gene by Gene in accordance with this Privacy Document. It should be read in conjunction with the Gene by Gene Terms of Use and Gene by Gene Consent Agreement.

Our Commitment to You

Gene by Gene collects, processes, stores and shares your Personal Information in a responsible, transparent and secure environment that fosters our customers’ trust and confidence. To that end, Gene by Gene respects your privacy and will not sell or rent your Personal Information without your consent. Personal Information includes, but is not limited to names, phone numbers, physical or mailing addresses, email addresses, and genetic test results.

How We Use Personal Information

Gene by Gene collects data to operate effectively and provide you the best experiences with our products. You provide some of this data directly, such as when you create a Gene by Gene record. Additional data is provided when we deliver your test results or other Gene by Gene products.

Gene by Gene uses the data we collect to provide you the services we offer, including improving and personalizing your experiences. We may also use the data to communicate with you about your test progress, your account, and to provide product information including occasional marketing offers. You may opt out of receiving marketing communication at any time.

Storage and Processing

When you provide us with any Personal Information, that Personal Information will be stored and processed at the Company’s headquarters adjacent to the Genomics Research Center in Houston, Texas. If you are located outside the USA and still choose to order a DNA Test kit and provide a DNA sample, by providing us with Personal Information, you specifically consent to the transfer, storage and processing of Personal Information to and in the United States, which you recognize may provide a different level of protection for Personal Information and personal data than in your country of residence.

Security

Gene by Gene places great importance on the security of all our customers’ User Submitted Content. We have reasonable and adequate security measures in place to attempt to protect against the loss, misuse, or alteration of customer data under our control.

For example, our security and privacy practices are periodically reviewed and enhanced as necessary and only authorized personnel have access to Personal Information. We use secure server software to encrypt financial information you input before it is sent to us and we only work with third parties who have met and commit to our security standard. While we cannot guarantee that loss, misuse or alteration of data will not occur, we use commercially reasonable efforts to prevent this.

Use and Disclosure of Personal Information

When you order an individual test online, we primarily use your Personal Information to provide your test results, to verify and carry out financial transactions relating to payments you make online, and to communicate with you.

Gene by Gene discloses your Personal Information to third parties in very limited circumstances as set out below.

To third party service providers, under the protection of appropriate agreements, so that the third parties may perform various tasks for us. For example, we use third parties to process payments from you. These third parties are only given access to that information needed to perform their services, and are prohibited from using it for other purposes. Processors may include affiliated and unaffiliated service providers in the United States, Europe and in other jurisdictions. If Gene by Gene wishes to transfer personal information to a third party that is acting as an agent, we will do so only if we enter into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is set forth in this policy.

To the different Gene by Gene divisions, so that they may use Personal Information for the purposes described in this Privacy Document. Additionally, we might restructure, buy, or sell business units. In these transactions, customer information is often one of the transferred assets, remaining subject to promises made in then prevailing Privacy Documents. Also, in the event that Gene by Gene, or substantially all of its assets or stock, are acquired, transferred, disposed of (in whole or part and including in connection with any bankruptcy or similar proceedings), Personal Information including test results will as a matter of course be one of the transferred assets.

We may disclose your Personal Information

  • with your knowledge and any relevant permissions
  • as described in this Privacy Document
  • as may be required by law, regulatory authorities, legal process or to protect the rights or property of Gene by Gene or other Users (including outside your country of residence)
  • to enforce our terms and conditions
  • to protect our rights, privacy, safety, confidentiality, reputation or property, and/or that of Gene by Gene, you or others
  • to prevent fraud or cybercrime
  • to permit us to pursue available remedies or limit the damages that we may sustain

We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Gene by Gene’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Gene by Gene remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Gene by Gene proves that it is not responsible for the event giving rise to the damage.

Non-Personal Information

When you visit our Gene by Gene websites, we may automatically collect non-personal information about you, such as the website from which you have come to our Gene by Gene websites, your Media Access Control address, your computer type, screen resolution, Operating System version and Internet browser. We may also collect non-personal information such as demographic data, for example your geographic area. Non-personal information also includes personal information that has been aggregated in a manner such that the end-product does not personally identify you or any other user of the Gene by Gene websites.

Gene by Gene account

With a Gene by Gene account you can sign into the specific Gene by Gene service you purchased. Signing into your account can enable improved personalization, and allows you to access your results. When you sign into your account to access a product, we create a record of that sign-in.

Having an account with any of the subsidiaries does not automatically create an account in other subsidiaries. Each business unit maintains separate databases and customer interfaces. For example, ordering a genealogical test from Family Tree DNA does not give you an account with Gene by Gene for medical testing.

How to Access & Control Your Personal Data

You can view or edit your personal data, with the exception of test results, online by logging into your personal page with the kit number and password that you have been provided. Family Tree DNA also provides privacy and security settings that allow you to control the visibility of your personal data to your matches and in any group project you have joined. Please read the Settings – Privacy & Sharing Page in our Learning Center for more information regarding your privacy settings and permissions.

Gene by Gene acknowledges that individuals have the right to access the personal information that we maintain about them. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to ombudsman@genebygene.com. If requested to remove data, we will respond within a reasonable timeframe.

We will provide individuals with an opt-out choice before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, you may submit a written request to ombudsman@genebygene.com.

Changes

Gene by Gene may make changes to this Privacy Document from time to time. If we do so, we will publish the updated version of this Privacy Document on the Gene by Gene Website (and/or notify you via email or by other appropriate means), with the date on which it changed, so that you will be aware of what information we collect, how we use it and under what circumstances we disclose it in accordance with applicable law. If you do not consent to any changes to our Privacy Document, you may notify us ombudsman@genebygene.com. At Gene by Gene’s discretion and on a case-by-case basis, we will either continue to apply the previous Privacy Document or delete your information and/or account.

Enforcement

Gene by Gene is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Privacy and Confidentiality Specific to Family Tree DNA

If you signed the release form, whether physically or electronically, we use your genetic data for matching purposes and we share your email address with relevant matches. We do not share phone numbers, physical or mailing addresses, though we may contact you on behalf of a match if your email address appears to be invalid.

A "Relevant Match" as stated in the Family Tree DNA release form is one of the following:

RELEVANT MATCHES

Test Genetic Distance of Relevant Matches
Y-DNA 12 Exact Matches and (within a project) a genetic distance of 1
Y-DNA 25 Genetic distances of 0 through 2
Y-DNA 37 Genetic distances of 0 through 4
Y-DNA 67 Genetic distances of 0 through 7
Y-DNA 111 Genetic distances of 0 through 10
mtDNAPlus (HVR1 & HVR2) Exact Matches excluding positions 309 and 315
mtFull Sequence (HVR1, HVR2 & Coding Region) 0 through 3, including heteroplasmy, but excluding positions 309 and 315
Family Finder Persons sharing a certain amount of centimorgans, and listed under Family Finder matches

** Note: When a Y-Chromosome STR marker comparison differs by more than one, the matching program takes genetic distance rather than the number of mismatching markers into consideration. This is because for most STR markers, each step difference is as meaningful as mismatches on additional markers.

Your Commitment to Privacy

You agree that your Password is not to be disclosed publicly alongside your Kit Number, as this disclosure may lead to others having access to names and emails of your matches, thus violating the privacy of other customers. If Family Tree DNA becomes aware that a customer’s kit number and password has been disclosed in any way to the public, it reserves the right of changing the password. Kit numbers may be used as identifiers on the pages of group projects, so long as the person’s password is not displayed.

3rd Party Payments and Account Access

If a person consents to testing that is paid for by another party, that person is consenting to allow the other party, whether an individual or a group project, access to their results and information, even if they order and pay for additional testing later. The purchaser of a test cannot deny access to the account and raw results of the test taker. The test taker cannot deny access to the purchaser of the test without reimbursement of the purchase price.

Should the test taker no longer want to allow the purchasing individual or group to have access their account, the test taker may reimburse the purchasing individual or group the full amount of the purchase price to return sole access to that account to the test taker only. Once the test taker has provided documentation to Family Tree DNA that they have provided a full reimbursement of the purchase to the original payor, we will be able to return access to test taker alone. Please note that although a test taker may reclaim ownership of the record and DNA stored with Family Tree DNA, they cannot undo or retrieve any prior data downloads or sharing outside of Family Tree DNA.

Beneficiary Information

The owner of an account is responsible for naming a beneficiary to that account, should the test taker pass away. If no beneficiary is named on the account, Family Tree DNA retains ownership of the record and DNA. If a family member or heir presents documentation of relationship to the deceased test taker, Family Tree DNA may, at its discretion, allow the family member or heir access to the account.

Project Participation

Family Tree DNA provides the option to participate in one or more projects. This participation may help you learn more by working with others who may share similar ancestry. If you choose to participate in a project, the Project Administrator will be able to view your results and contact information so that he or she may best help members of the project learn about their ancestry.

You can view a list of projects here.

While FTDNA has strict Project Administrator guidelines that requires administrators to abide by our Group Administrator Guidelines for FTDNA Projects, Family Tree DNA is not responsible for anything that the individual administrator does that is against those guidelines, other than admonishing or removing a group administrator from his or her role, if he or she is found to have breached or infringed on those guidelines. Family Tree DNA may modify the Group Administrator Guidelines at any time and such modification shall be effective upon posting on the Family Tree DNA Website and a reasonable attempt to notify Group Administrators of changes.

Group Projects often have a public website displaying member results so that members can share information more easily. Most groups will also have a member list that is available to members of the project. The list may include name, email address, and haplogroups. You may opt out of this list through the Privacy Settings on your account.

The free website that Family Tree DNA provides to projects may list member results by kit number. Results tables and maps on the free public website may include a participant’s oldest known ancestor, the ancestor’s country of origin, surname, and full name. Note that any changes you make to your permissions or privacy settings can experience a delay when updating on such public pages. Projects may have a webpage hosted on a different website, either in addition to or in place of the free website Family Tree DNA provides. Those pages should conform to the same privacy assurances as the ones on the Family Tree DNA website. You may wish to discuss with a project administrator what information will be available on the project’s website before joining a project.

You may join or leave projects at any time at no charge. Please note that any information or data downloaded by a Project Administrator for analysis cannot be retrieved and the Project Administrator may still have access to your downloaded results even after you have left a project.

It is important to note that while Family Tree DNA does not impose a limit to the number of projects one can join, we will not tolerate customers joining multiple projects with the purpose of data mining or finding information that is not relevant to one's personal ancestral origins. Family Tree DNA reserves the right to remove people from projects at our sole discretion or if it feels that a participant is abusing the system in a way that may infringe another participant's privacy.

The mtDNA (mitochondrial) full sequence test contains some genes in the Coding Region (CR). By default, these results are unavailable to the project administrators. You may choose to allow your Project Administrators to view your coding region results on the My Account – Results Display Settings page of your myFTDNA Account (personal page).

Arbitration:In the unlikely event that Gene by Gene has not been able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Gene by Gene claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Houston, Texas under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Gene by Gene from seeking injunctive or other equitable relief from the courts as necessary to protect any of Gene by Gene’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GENE BY GENE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Disputes and Governing Law:You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Gene by Gene, either specific or general, in jurisdictions other than Texas. This Agreement and any dispute regarding the Services shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Houston for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision above.

Questions

If you have any questions about this Privacy Document, the practices of the Gene by Gene Website, or your dealings with the Gene by Gene Website, you can contact us by either calling 1-713-868-1438 or by emailing ombudsman@genebygene.com.

Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO RESOLVE DISPUTES. IT ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Gene by Gene, Ltd (“Gene by Gene”) is in the business of providing DNA tests for genealogy, ancestry, medical, research and paternity. Gene by Gene owns and runs its own lab, the Genomics Research Center in Houston, TX.

In addition, Gene by Gene owns and operates the websites GenebyGene.com, DNATraits.com, FamilyTreeDNA.com, DNAFindings.com and DNADTC.com ("Gene by Gene websites").

This Agreement refers specifically to the acceptable use of the Family Tree DNA Website and its contents, and your rights, obligations and restrictions regarding your use. Please see the Gene by Gene Privacy Policy for information about how we collect, use, and share information on the Website. You will also find information in the Privacy Policy about what we consider relevant matches, participation in group projects and third-party purchases of tests. Please refer to that document for questions regarding those topics.

Family Tree DNA may modify this Agreement at any time and such modification shall be effective upon posting on the Family Tree DNA Website. You agree to be bound to any changes to this Agreement when you use the Family Tree DNA Web site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Your continued use of the Family Tree Website after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Family Tree DNA Website.

In addition to the Gene by Gene Privacy Policy, Family Tree DNA also adheres to the Genetic Genealogy Guidelines as proposed by the Genetic Genealogy Standards Committee in January 2015.

User Submitted Content

You retain ownership of Personal Information and content such as family trees, photos, videos, posts, and comments submitted by you (collectively, “User Submitted Content”) to Family Tree DNA and its websites. You hereby grant Family Tree DNA a world-wide, transferable, royalty-free, irrevocable, and perpetual license to host, display, sub-license, distribute, recreate, modify, or use such User Submitted Content in any form, to any extent, or within any context Family Tree DNA deems necessary to promote, modify, or develop its services. This license continues even if you stop using Family Tree DNA’s services.

Family Tree DNA maintains the right, in its sole discretion, to remove, edit, block, or refuse any User Submitted Content and disable access thereto for any reason, including without limitation that such User Generated Content violates the Terms of Service or is otherwise objectionable.

All User Submitted Content provided to Family Tree DNA and its websites is the sole responsibility of the person who submitted it. This means that you are entirely responsible for all User Submitted Content that you provide.

For example, our security and privacy practices are periodically reviewed and enhanced as necessary and only authorized personnel have access to Personal Information. We use secure server software to encrypt financial information you input before it is sent to us and we only work with laboratories and third parties who have met and commit to our security standard. While we cannot guarantee that loss, misuse or alteration of data will not occur, we use commercially reasonable efforts to prevent this.

You submit to the following when using any Gene by Gene service, including Family Tree DNA and its other websites.

  1. You will not collect users’ contact information, genetic data, or any other content on the site through manual or automated means (such as harvesting bots, robots, spiders, or scrapers) without the prior explicit written permission of Gene by Gene.
  2. You will not post content that is protected by copyright or trademark or that does not belong to you unless you have written authorization to use from the owner of the copyright or trademark.
  3. You will not post photos of living individuals (other than you or your minor children) without their consent.
  4. You will not post content that is proprietary or confidential.
  5. You will not post unauthorized commercial communication (spam).
  6. You will not engage in unlawful marketing on Gene by Gene websites, such as pyramid schemes.
  7. You will not upload viruses or other malicious code.
  8. You will not bully, harass, or intimidate other users.
  9. You will not post content that is hate speech, threatening, pornographic, incites violence, or contains nudity or graphic violence.
  10. You will not post religious content intended to convert or proselytize. Discussions of religion should be limited to those immediately relevant to specific ancestry and genealogy, and handled with the utmost respect.
  11. You will not post political content that is not immediately relevant to specific ancestry and genealogy. Discussions including political content should be handled respectfully.
  12. You will follow all applicable laws if you publicize or offer contests, giveaways, or sweepstakes on Gene by Gene websites.
  13. You will not use Gene by Gene or its services to do anything unlawful, misleading, malicious, or discriminatory.
  14. You will not do anything that could disable, overburden, or impair the proper working or appearance of Gene by Gene or its websites, such as denial of service attacks or interference with page rendering or other functionality.
  15. You will not post links to 3rd party websites with content that violates these terms.
  16. You will not use Gene by Gene websites to promote competitors’ products, nor will you link to competitors’ websites.
  17. You will not encourage or aid other users in violating these terms.
  18. Posts that violate these terms are subject to removal without prior notice.

3rd Party Payments and Account Access

In addition to the terms set out in the Gene by Gene Privacy Policy, the following terms apply to testing paid for by a third party, whether it is by one or more individuals or by a group project.

  1. You will not post content that is protected by copyright or trademark or that does not belong to you unless you have written authorization to use from the owner of the copyright or trademark.
  2. While the DNA sample remains the property of the tester, the person paying retains rights to the test results. If the tester decides to have results removed from the website, the tester must refund the full purchase price to the purchaser(s) and provide documentation to Family Tree DNA of the transaction.
  3. Should the tester pass away, with or without beneficiaries, the payor retains right of access to the test results unless the beneficiaries reimburse the payor(s)

Liability Disclaimer

ALL USER-SUBMITTED CONTENT SHARED WITH OR THROUGH GENE BY GENE AND ITS SERVICES, INCLUDING FAMILY TREE DNA AND ITS OTHER WEBSITES, ARE SUBJECT TO THE TERMS AND CONDITIONS OF GENE BY GENE AND ITS WEBSITES. GENE BY GENE AND ITS SERVICES DO NOT ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMITTED CONTENT. ALL USER-SUBMITTED CONTENT PROVIDED TO GENE BY GENE OR ITS WEBSITES IS THE SOLE RESPONSIBILITY OF THE PERSON WHO SUBMITTED IT. USERS MAY SUBMIT LINKS TO 3RD PARTY WEBSITES EXCEPT THOSE OF DIRECT COMPETITORS. GENE BY GENE AND ITS SERVICES DO NOT ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM THOSE SITES AND VIA THOSE LINKS.

WHERE PERMITTED BY LAW, GENE BY GENE AND ITS SERVICES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUE, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GENE BY GENE AND ITS SERVICES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES.

IN ALL CASES, GENE BY GENE AND ITS SERVICES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, KNOWN OR UNKNOWN.

Arbitration of Disputes and Governing Law

Arbitration. In the unlikely event that Gene by Gene has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Gene by Gene claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Houston, Texas under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Gene by Gene from seeking injunctive or other equitable relief from the courts as necessary to protect any of Gene by Gene’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GENE BY GENE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Disputes and Governing Law. You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Gene by Gene, either specific or general, in jurisdictions other than Texas. This Agreement and any dispute regarding the Services shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Houston for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision above.

Questions

If you have any questions about these Terms of Service, the practices of the Family Tree DNA Website, or your dealings with Family Tree DNA, you can contact us by either calling 1-713-868-1438 or submitting an inquiry through our Contact Us form.

Family Tree DNA Refund Policy

Cancellations and Refunds

If ​you cancel the ​DNA testing you have ordered prior to the sample being received at our office, a refund may be given, usually less a handling fee ​that varies based ​on the amount of time that has passed since the purchase:

  • If cancelled within the first year from the initial order, there will be a $15 or 10% deduction from the amount paid, whichever is greater.
  • If cancelled between one year and three years from initial order, there will be a 25% deduction from the amount paid.
  • If cancelled three years or more from initial order, there will be a 50% deduction from the amount paid.

We will not issue refunds on testing that is in process or completed, including transfers. Once a sample has been sent to our office and checked in, the full cost of the test is absolutely non-refundable.

If a new test is ordered on an existing kit, you will have a 24-hour window to make changes to the new order. After 24 hours, we are unable to change or refund your order because processing will have already begun.

Delays in testing do not entitle customers to a refund since scientific procedures may be delayed for a variety of reasons. Testing times vary between products and may vary depending on lab volume and biological sample quality. Expected result dates are predictions and not a guarantee of delivery. We will make every effort to ensure that results are delivered for every order, but we do not offer any assurances that we will be able to provide specific results.

Please note that you must have internet access to view the results on our interactive website. Some items have downloadable and printable components, but many are designed solely for online interaction. Results will not be mailed, and we will not issue refunds for tests bought under the assumption that the results will be mailed.

Changing an Order

We can change tests ordered on a kit before a sample is returned to our office. Once a test has been checked in, we cannot change the order.

Test Failure Credits

If your testing fails and we do not have any remaining sample in storage, we will mail a new sample kit to the address we have on file. It is the responsibility of the person who orders a test or upgrade to confirm that the mailing address is current at the time of purchase and while the order is being processed. If you remove the mailing address from the records, and we cannot automatically send a new sample kit, we are not responsible for delays. We will not send out a notification that a new collection kit has been sent.

MtDNA and Y-DNA Tests (Sanger and NextGen Sequencing)

If additional samples are not obtainable for tests run on Sanger and NextGen Sequencing (Full Mitochondrial Sequence (mtDNA), Y-DNA37, Y-DNA67, Y-DNA111, and Big Y), Family Tree DNA may credit or refund, at its sole discretion, the cost of the test minus a $10 USD shipping and handling fee as well as a 25% lab processing fee for orders greater than $79 USD. We do not offer credits or refunds for products when the retail price of the order was equal to or less than $79 USD. This includes sale pricing.

Family Finder Tests (Microarray Chip Testing)

The Family Finder test uses a microarray chip that is sensitive to the quality of the DNA sample. As a result, our Family Finder testing and refund policy differs from our other tests. We limit Family Finder testing to two attempts. Almost all (98.5%) of Family Finder tests process successfully on the first attempt with a good quality customer swab. Should the first attempt fail, we rerun the test with a second, separate DNA extraction from the secondary sample in our office. If we do not have a secondary sample, a new sample kit will be sent. No refunds will be issued after failed testing if an additional sample is needed and is not obtainable.

The following refund policies apply:

  • For Family Finder tests purchased prior to the last 12 months or as an upgrade to a kit ordered over 12 months ago, if the secondary sample fails, you will be sent a new set of vials and swabs so that we can perform a third attempt for free.
  • For Family Finder tests purchased during the last 12 months, if the secondary sample fails, you will be contacted regarding the possibility of a third testing attempt with a new sample for a $50 US lab fee. The lab fee is charged because for samples that are less than one year old, the test generally only fails because of the poor quality of the collection.