“BioLev”means BioLev, LLC, whose primary place of business is in xxxx Nashville, TN.
“BioLev Research”means scientific research that BioLev performs with the purpose of publishing in a peer-reviewed scientific journal. BioLev Research only uses Genetic and self-Reported information from users who have agreed to give informed consent, according to the applicable Consent Document. BioLev Research activities do not include R&D.
“Product Development”means research performed to develop new products and new product development undertakings conducted by BioLev on de-identified Information. These activities may include but are not limited to: improving our services and/or offering new products or services, conducting quality control inspections, and analyzing data that may result in and/or include commercialization with an outside third party.
“Service”or “Services” means BioLev’s services, software, website, and products, including but not restricted to, graphics, text, and any other material retrieved by the user at any time, whether or not they are used in connection with an account.
“Personal Information”is information that can be used to identify yourself, either solitary or combined with other pieces of information. BioLev gathers and stores the following types of Personal Information:
“Registration Information”is the information you provide when registering for and/or purchasing our services (e.g., name, email, address, user ID and password, and payment information).
“Genetic Information”is information pertaining to your genotype (, the As, Ts, Cs, and Gs at specific points in your genome), created through the processing of your testing sample by BioLev or by any assigned third party; or otherwise processed by and/or contributed to BioLev.
“Self-Reported Information” isinformation you provide, through the Services or a third party, including your illnesses, health-related data, personal attributes, ethnicity, family medical history, and other information that you include in surveys, forms, etc., in your BioLev account or that you consent a third party to provide to BioLev.
“De-identified Information”is information that has removed your registration information (e.g., your name and contact information) and other identifying data so that you cannot practically be identified as an individual, also referred to as pseudonymized information.
“User Content”is all information except for genetic and self-reported information, (e.g., data, text, software, music, audio, photographs, graphics, video, messages, or other materials) that is generated by users of the services and communicated, both publicly or privately, to or through BioLev.
“Web Behavior Information”is information on how a user operates the BioLev website (e.g., browser type, domains, page views) gathered through log files, cookies, and web beacon technology.
“Aggregated Genetic and Self-Reported Information”is genetic and self-reported information that has been merged with data of other users, then evaluated collectively, so that no specific user may be identified.
Acceptance of Terms
Your use of the Services (excluding any services offered by BioLev under a separate agreement) is bound to the terms of the legal agreement between you and BioLev described in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) providing a testing sample for DNA extraction and processing, b) uploading a digital version of your Genetic Information and interacting with it on the BioLev website, and/or c) registering and using a free BioLev account without providing your testing sample or Genetic Information. To use the Services, you are required to first agree to the TOS. You may be blocked from using the Services if you do not accept the TOS. You can agree to the TOS by (1) clicking to accept or agree to the TOS, or by (2) truly using the Services. In this situation, you recognize and agree that BioLev will consider your use of the Services as acceptance of the TOS from that point forward. In addition, when using specific Services, you will be subject to any guidelines applicable to such Services that may be presented at any time. All guidelines are hereby integrated by reference into the TOS. BioLev also may offer other services at any time that are governed by dissimilar terms of service.
Whether you submit your own testing sample, a testing sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you cannot use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with BioLev, or (2) you are an individual banned from receiving these Services under the laws of your residential jurisdiction from where you use the Services.
Additionally, if you provide your own Genetic Information, you are required to be 18years or older to agree to these TOS on behalf of yourself or for those whom you have legal authority to agree.
If your use of the Services includes creating a BioLev account without providing a testing sample or otherwise submitting Genetic Information, you must be 13 years or older to use the Services and agree to the TOS.
Description of the Services
The Services include entry to the BioLev website and personal genotyping services, including the collection and evaluation of your testing sample. Unless explicitly stated otherwise, each new feature that enhances the current Service will be subject to the TOS. You recognize and agree that the Services are provided “as-is” and are established by the current advancements of genetic research and technology in use by BioLev at the time of the purchase. As research progresses and scientific knowledge and technology advances, BioLev is continuously innovating to provide the best possible experience for its users. You accept and agree that the nature of the Services that BioLev offers may change from at any time without prior notice. As part of this ongoing innovation, you acknowledge and agree that BioLev may stop (permanently or temporarily) offering some Services (or any features within the Services) to users at BioLev’s sole discretion, without former notice. You can stop using the Services at any time. You do not need to formally notify BioLev when you cease using the Services. BioLev assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
To use the Services, you must acquire Internet access, either directly or through devices that access web-based content and pay any additional service fees. In addition, you must possess all equipment necessary, including a computer and modem or any other internet accessible devices. You are solely responsible for providing this equipment. You accept and agree that while BioLev may not currently have set a fixed maximum on the number of transmissions you may send or receive through the Services, or on the amount of storage space used for the provision of any Service, such fixed maximums may be established by BioLev at any time, at BioLev’s discretion.
Risks and Considerations Regarding BioLev Services
Once you acquire your Genetic Information, the knowledge is conclusive. You should not assume that any information we may provide, whether now or as genetic research evolves, will be welcomed or positive in nature. As research progresses, you may need to obtain additional services from BioLev, your physician, a genetic counselor, or other health care provider in order for you to decipher the meaning of your DNA in the context of these advances.
We encourage you to speak with a genetic counselor, a health professional specializing in genetic conditions before collecting your sample for testing so you can make an informed decision about whether testing is right for you. A genetic counselor can also help you understand your results and options.
It is normal for some people feel a little apprehensive about receiving genetic health results. If you feel very anxious, you should speak to your physician or a genetic counselor prior to collecting your sample for testing for reassurance.
You may discover unexpected information about yourself. This information may induce strong emotions and has the potential to alter your life and perspective. You may uncover attributes about yourself that are troubling and that you may not have the ability to control (e.g., your father is not your biologically father, surprising truths related to your ancestry, or that your genotype may have a higher-than-average chance of developing a specific condition or disease). These conclusions could have social, legal, or economic associations.
The laboratory may not be able to process your sample, resulting in errors. Sample processing might fail up to 5% of the time if 1) your testing sample does not contain an adequate quantity of DNA, 2) the results from processing do not meet our standards for accuracy. * If the initial processing fails for any of the above reasons, BioLev will reprocess the same sample at no additional charge to the user. If the second attempt to process the same sample fails, BioLev will offer to send another sample collection kit to the at no charge. If the user submits another sample and BioLev’s attempts to process the second sample are again unsuccessful, BioLev will not send another sample collection kit and the user will be entitled to a full refund, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service. If the user violates this policy agreement and resubmits another sample through a future purchase of the Service and processing is again unsuccessful, BioLev will not offer to reprocess the sample or offer the user a refund. Even with our high standards, a minor, unknown fraction of the data generated during the laboratory process may be unidentifiable or incorrect (referred to as “Errors”). Since this possibility is known in advance, users are not entitled to refunds when these Errors arise.
You should not change your health behaviors based solely on the Genetic Information obtained from BioLev. Make sure to consult with a physician or other health care provider about your Genetic Information before making any changes to your health or lifestyle. For most common illnesses, the genes we know about are only responsible for a small portion of the risk. There may be unknown genes, environmental influences, and lifestyle choices that are far more significant predictors. If your data implies that you are not at ahigh genetic risk for a specific disease or condition, you should not feel that you are protected. The opposite is also valid; if your data indicates you are at a high genetic risk for a particular disease or condition, it does not mean you will ultimately develop the condition. Please note genetic risk assessment is not applicable to results of carrier screening tests.
Genetic research is not inclusive. While we measure several hundreds of thousands of data points from your DNA, only a small fraction of them are known to be related to human attributes or health conditions. The research community is quickly learning more about genetics, and an imperative mission of BioLev is to contribute to the advancement of this research. Also, many ethnic groups have been excluded in genetic studies. Since interpretations provided in our Service rely heavily on these published studies, some analyses may not apply to everyone. Future scientific research may alter the analysis of your DNA. In the future, the scientific community may conclude that preceding research to be incomplete or inaccurate.
Genetic Information you share could be used against your interests. You should be cautious about sharing your Genetic Information with others. Very few establishments or insurance companies ask for genetic information, but this could be different in the future. While the Genetic Information Nondiscrimination Act (“GINA”) was signed into law in the United States in 2008, its defense against discrimination by employers and health insurance companies for employment and coverage issues, has not been clearly established. Also, GINA does not cover life, long-term care, or disability insurance providers. Some states and other jurisdictions have laws that safeguard individuals ‘Genetic Information. You should confer with a lawyer to understand the level of legal protection of your Genetic Information before you share it.
Moreover, Genetic Information that you share with your physician or other health care provider may become part of your medical records and therefore be accessible to other health care providers and/or insurance companies. Genetic Information that you share with family, friends, or employers may be used against you. Even if you share Genetic Information that has no or significance now, that data could obtain greater meaning in the future as new research is discovered. If you are asked by an insurance company for Genetic Information regarding your health conditions and you do not disclose it, this could be considered fraud.
BioLev Services are for research, informational, and educational use only. We do not offer medical guidance. Many of the genetic findings that we report have not been clinically authenticated, and the technology we use has not been widely used for clinical testing. To expand the understanding and practical application of genetic knowledge in health care, we welcome all genotyped users to participate in BioLev Research. Participation in this research is voluntary and based on an IRB-approved consent document. The Services are not intended to be used by the user for any diagnostic purpose and are not an alternative for professional medical guidance. You should seek the counseling of your physician or other health care provider with any questions you may have regarding diagnosis, prevention of any disease, or the general status of your health.
BioLev does not recommend, warranty, or guarantee the effectiveness of any resources that may be mentioned on our website. If we provide any recommendations on our website specifically pertaining to your Genetic Information and Self-Reported Information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, BioLev believes that (a) genetics is only part of the picture of any individual’s state of well-being, (b) the understanding of Genetic Information is quickly developing and we can only understand a portion of the picture of the role of genetics, and (c) only a physician or other health care provider can evaluate your current state of health or illness. Reliance on any information provided by BioLev, our employees, and/or others appearing on our website is solely at your own risk.
By utilizing BioLev Services, you understand and agree to the following:
You understand that information you obtain from BioLev is not intended to diagnose, prevent, or treat any condition, or to determine the state of your health in the absence of medical and clinical information. You understand that the BioLev Services are intended for research, informational, and educational purposes only. While BioLev information might indicate a diagnosis or possible treatment, it should always be accompanied by supplementary medical testing and information. You acknowledge that BioLev suggests you seek the guidance of your physician or other health care provider if you have questions or concerns regarding your Genetic Information.
You give consent to BioLev, its contractors, successors, and assignees to perform genotyping services on the DNA extracted from your testing sample and you specifically request BioLev to disclose the results of analyses performed on your DNA to you and others you specifically authorize.
You represent that you are 18 years or older if you are providing a testing sample or accessing your Genetic Information.
You are guaranteeing that any sample you provide is your saliva. If you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
If you are a customer outside the U.S. providing a testing sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
You agree that any testing sample you provide, and all resulting data may be transferred and/or processed outside the country in which you reside.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are aware that some of the information you receive may provoke strong reaction.
You take responsibility for all possible consequences resulting from your sharing access to your Genetic Information and/or your Self-Reported Information.
You understand that all your Personal Information will be stored in BioLev databases and will be processed in accordance with the BioLev Privacy Statement.
Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by BioLev or its collaborators. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
You agree that you have the authority to provide these representations, in accordance with the laws of the state or jurisdiction in which you reside. If a breach of any of these representations occurs, BioLev has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You will defend BioLev and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
Account Creation, Customer Account, Password, and Security Obligations
By using our Services, you agree to: (a) provide accurate, current, and complete Registration Information as prompted by the Service, and (b) promptly update the Registration Information to keep it accurate, current, and complete. If you provide any Registration Information that is inaccurate, not current, incomplete, or if BioLev has a reasonable ground to suspect that such information is not adequate, BioLev has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your sample collection kit was shipped from BioLev.
You are responsible for maintaining the confidentiality of your username and password that you create during registration and are fully responsible for all activities that occur under your BioLev account. If you allow third parties to access BioLev’s website through your account, you will defend BioLev and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notifying BioLev of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. BioLev will not be liable for any loss or damage arising from your failure to comply with this Section.
BioLev Privacy Statement and Disclosure of Information
To use the Services, you are required to first acknowledge and agree to the Privacy Statement. You can agree to the Privacy Statement by (1) clicking to agree to the Privacy Statement, where this option is made available to you by BioLev for any Service, or by (2) using the Services.
You agree that BioLev has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the BioLev Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in BioLev Research as described in the applicable Consent Document, you are consenting that we may share your data to third parties as described in the applicable Consent Document. BioLev Research may be sponsored by, conducted on behalf of, or in collaboration with third parties like non-profit foundations, academic institutions, or pharmaceutical corporations. BioLev Research may study a specific group or population, identify potential areas for therapeutics development, support the development of drugs, diagnostics, or devices to diagnose, prevent or treat health conditions, work with entities on genetic research initiatives, or otherwise support the improvement of health care. BioLev will never release your personal Genetic Information and/or Self-Reported Information to any third party without your consent, unless required by law.
Further, you agree that BioLev is allowed to disclose any Personal Information to law enforcement agencies or required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or obligations that BioLev may owe pursuant to ethical and other professional rules, laws, and regulations, (b) enforce the BioLev TOS, (c) respond to claims that any content violates the rights of third parties, or (d) protect the rights, property, or personal safety of BioLev, its employees, its users, its clients, and the public. We will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks, and (b) changes to adapt to technical requirements of connecting networks, or devices. Finally, BioLev may disable access to the website for any reason.
Please refer to our Privacy Statement to read about personal data protection. See our complete Privacy Statementhere.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which it originated. This means the user is entirely responsible for all User Content that is transmitted in any way via the Service.
As a condition of your use of the Services, you declare to BioLev that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could negatively impact the Services or interfere with any other user’s interaction with the Services. You may not attempt to acquire any materials or information through the Services if not intentionally made available. You may not use the Services outside of the country where your sample collection kit was shipped from. Moreover, you agree not to utilize the Services to: (1) transmit any material in any delivery method that might reasonably be construed as harassment based on race, color, national origin, gender, sexual orientation, age, disability, religious or political beliefs, or other protected status; (2) impersonate or misrepresent you affiliation with any person or entity ; (3) manipulate identifiers, like headers, in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass others; (5) transmit any content via any channel that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any data received through the Services to attempt to identify other users, or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, that cannot legally be distributed in such manner; (8) transmit any content via any delivery method that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of BioLev or any other party; (9) harm minors in any way; (10) offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) transmit any unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) transmit any material via any delivery method that contains software viruses or any other computer code designed to negatively impact; (13) 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 BioLev; (14) engage in “framing,” “mirroring,” or otherwise mimicking the appearance or function of BioLev’s website; (15) override any security component of BioLev web services; (16) interfere with the Service or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with BioLev; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law.
You agree that you are solely responsible for any discrepancy of your obligations under the TOS and for the consequences of any such breach. If you infringe on any one of these agreements BioLev has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
If you violate the terms of this Section and/or BioLev has reason to believe that you have violated the terms of this Section, BioLev has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Export Control and Applicable Laws and Regulations
You agree to comply with all local rules regarding online conduct and appropriate content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access any Service online.
Material Posted Through the Service
BioLev will not control any of the User Content posted via the Service and does not guarantee the accuracy, integrity, or quality of non-BioLev content. You agree that by using the Services, you may be exposed to content that is offensive, or objectionable. Under no circumstances will BioLev be responsible in any way for any non-BioLev content, including but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred because of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You recognize that BioLev and its designees have the right to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. BioLev and its designees have the right to remove any content that violates the TOS or is deemed by BioLev to be otherwise offensive. You agree that you must evaluate the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Material Offered to BioLev – Your Proprietary Rights
User Content. BioLev does not claim ownership of the User Content you provide to BioLev. Unless otherwise specified, you retain copyright and any other rights you possess over User Content that you provide through the Services. However, by providing User Content, you give BioLev, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors from the ability to utilize any User Content through the Services. You acknowledge and agree that this license includes a right for BioLev to make this User Content available to other companies, organizations, or individuals with whom BioLev has relationships.
You understand that by BioLev providing the Services to users, they may(a) present User Content over various public networks and media; and (b) make adjustments to your content as necessary to adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license allows BioLev to take these actions. You represent to BioLev that you have all the rights and authority necessary to grant the above license.
Genetic and/or Self-Reported Information. Disclosure of individual-level Genetic Information and/or Self-Reported Information to third parties for Research purposes will not occur without clear consent. Note that BioLev cannot control any further dispersal of Genetic and/or Self-Reported Information that you share publicly on the BioLev website. You agree that you are responsible for protecting and enforcing your rights and that BioLev has no obligation to do so on your behalf.
Your testing sample cannot be returned to you or reversed after submission. Visit our website for more information on sample processing. Any Genetic Information from your testing remains your information, subject to rights we maintain as described in these TOS. You understand that you should not expect any financial benefit from BioLev due to having your Genetic Information processed or, as provided in our Privacy Statement and these TOS, shared with, or included in Aggregated Genetic and Self-Reported Information shared with any research collaborator.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you possess no rights in any research or commercial products that may be developed by BioLev or its collaborating partners. You specifically understand that you will not receive compensation pertaining to your Genetic Information or Self-Reported Information.
You agree to defend and hold BioLev, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors from any claim. This includes reasonable attorneys’ fees made by any third party due to User Content you transmit through the Service, your utilization of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights.
If you have submitted a testing sample or provided your own Genetic Information, you will defend BioLev, its employees, contractors, successors, and assigns from any liability resulting from the use or disclosure of any information obtained from genotyping your testing sample and/or evaluating your Genetic Information, or results from any third-party add-ons to tools we offer. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties, you agree to defend and BioLev, its employees, contractors, successors, and assigns from any and all liability resulting from disclosure or use of your Genetic and/or Self-Reported Information.
No Resale of Service
Other the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed upon in a separate agreement between you and BioLev, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
General Practices of Use and Storage
You recognize that BioLev may create general practices concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be stored by the Service, the maximum disk space on BioLev’s servers for your information, and the maximum number of times and duration you may access the Services in a given period of time. You agree that BioLev has no responsibility of the failure to store any communications or content transmitted by the Services. Also, for the loss of Genetic Information due to malfunction, destruction of data servers, or other catastrophic events. You further recognize that BioLev reserves the right to change these general practices and limits at its sole discretion.
Modifications to Service
BioLev reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in an interruption in calculations for some features or Services, and (ii) BioLev shall not be for any modification, suspension, or discontinuance of the Services.
The Software that you use may automatically install updates from BioLev. These updates are intended to improve the Services and may contain bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive updates as part of your use of the Services.
You recognize that BioLev may provide additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to these features without a fee. You will need to pay additional fees to have your Genetic Information collected, processed, and/or interpreted using any future technologies or features.
The TOS will continue to apply until terminated by either you or BioLev as described in this Section.
If you wish to terminate your legal agreement with BioLev, you may do so by cancelling your BioLev account and erasing data within your Account Settings. Once you submit your cancellation request, we will send an email to the email address linked to your BioLev account requesting for you to confirm. Upon receiving your confirmation, we will process your request to erase your data, and you will no longer be able to access your account.
BioLev may at any time, terminate its legal agreement with you) if: (1) you have violated any provision of the TOS; (2) BioLev is required to do so by law; (3) the partner with whom BioLev offered the Services to you has terminated its relationship with BioLev or ceased to offer the Services to you; (4) BioLev is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by BioLev is, in BioLev’s opinion, no longer commercially feasible.
Any suspected fraudulent or illegal activity that may result in termination of your use of the Services may be referred to appropriate law enforcement authorities. You agree that BioLev shall not be liable to you or any third party for any termination of your access to the Services.
Survival of Terms
When the TOS ends, all of the legal rights, obligations, and liabilities that you and BioLev have benefited from, been subject to or any expressed to last indefinitely, shall be unaltered by this termination, and the provisions of Sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations of BioLev Services); 6.(User Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(BioLev Privacy Statement and Disclosure of Information); 10.(Customer Conduct – Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13.(Material Provided to BioLev – Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of Services); 18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and BioLev Website); 22.(BioLev Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of Terms of Service); 28. (Dispute Resolution); and 29.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities in perpetuity.
Dealings with Information Providers and Listed Resources
Your communication or participation in promotions of information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, are solely between you and the information provider or resource. You agree that BioLev shall not be responsible for any loss or damage suffered as the result of any such dealings or due to the presence of such information provider or resources on the Service.
Hyperlinks and the BioLev Website
The Service and third parties provide links to other sites and resources on the Internet. Since BioLev has no control over these sites and resources, you agree that BioLev is not responsible for the availability of these external sites or resources and is not responsible for any content available from these resources. You further agree that BioLev shall not be responsible for any damage or loss caused or alleged to be caused by any content, goods, or services available on or through any hyperlinked site or resource.
BioLev’s Proprietary Rights
You agree that BioLev (or BioLev’s licensors, as applicable) own all legal right, title, and interest in the Services, including any intellectual property rights. You further acknowledge that the Services may maintain information that is deemed confidential by BioLev and that you are not permitted to disclose this information without BioLev’s prior written consent.
You further agree that the Services and any necessary software used in association with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Unless authorized by BioLev, you agree not to modify, rent, lease, loan, sell, distribute, or otherwise attempt to obtain the source code of the Services or Software or permit anyone else to do so. Software that is made available for downloading from the Services is the copyrighted property of BioLev and/or its suppliers. Your use of the Software is managed by the terms of the end user license agreement, which accompanies the Software (“License Agreement”). You may not install or use any Software that is accompanied by a License Agreement unless you agree to the License Agreement terms prior.
Any BioLev related logos are trademarks of BioLev and these marks together with any other BioLev trade names, service marks, logos, domain names, and other distinctive brand features are the “BioLev Marks”. Unless otherwise agreed in writing with BioLev, except through the Limited License in Section 9, the TOS doesn’t give you any right to use any BioLev Marks and you agree not to use in any manner, BioLev Marks.
You agree that you shall not remove or modify any proprietary rights notices (including copyright and trademark notices) that may be contained within the Services.
Unless you have been explicitly authorized in writing by BioLev, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that causes confusion about the authorized user of such marks, names, or logos.
For any Software not supplemented by a License Agreement, BioLev grants you a personal exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted by BioLev in writing or required by law, This license is for the exclusive purpose of allowing you to use and enjoy the benefit of the Services, in the manner permitted by the TOS. Unless BioLev has given you written permission, you may not assign or sublicense your rights to use the Software. You comply not to modify the Software in any way or to use modified versions of the Software, including but not limited to for the purpose of gaining unauthorized access to the Service. You agree not to access the Service by any means other than through the access provided by BioLev. Any rights not explicitly permitted herein are reserved.
Disclaimer of Warranties
YOU AGREE THAT: (1) YOUR USE OF THE SERVICES ARE TAKEN AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS. BIOLEV EXPLICITLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INFERRED WARRANTIES OF MERCHANTABILITY, CAPABILITY FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. (2) BIOLEV PROVIDES NO GUARENTEE THAT (a) THE SERVICES WILL MEET YOUR DESIRES; (b) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR PROOF (c) THE RESULTS ATTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY MATERIAL ACQUIRED THROUGH THE SERVICES WILL MATCH OR EXCEDE YOUR EXPECTATIONS AND (e) ANY INACCURACIES IN THE SOFTWARE WILL BE AMENDED. (3) ANY MATERIAL ACQUIRED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIOLEV SERVICES SHALL ESTABLISH ANY WARRANTY NOT PREVIOUSLY STATED IN THE TOS. (5) USE CAUTION WHEN DISTRIBUTING ANY PERSONAL IDENTIFYING INFORMATION OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. BIOLEV DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND THEREFORE PURPOSELY DISCLAIMS ANY RESPONSIBILITY FOR THOSE ACTIONS.
Limitation of Liability
WITHIN THE LIMITS PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT BIOLEV SHALL NOT BE RESPONSIBLE FOR ANY TYPE OF DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES.EVEN IF BIOLEV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (a) THE CAPABILITY OF USING THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF ATTAINMENT OF ALTERNATE GOODS AND SERVICES RESULTING FROM TRANSACTIONS FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA; (f) THE INADEQUATE AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING AUTHORITY; or (g) CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via email or regular mail. BioLev may also provide notices of changes to the TOS or other matters by displaying notices through the Services.
Official notices related to this TOS must be sent to us at:
ATTN: Chief Legal and Regulatory Officer
349 Oyster Point Blvd
South San Francisco, CA 94080
Furthermore, BioLev accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal validity.
Changes to the Terms of Service
BioLev may make modifications to the TOS at any time. When these adjustments are made, BioLev will establish the updated version of the TOS on its website and any new additional terms will be made available to you through the Services. The modified TOS will be applicable on or after the posted date. If we make a material modification to the TOS, we will provide notice 30 days prior to the effective date of the change by posting a notice on our website or sending an email communication. Unless you notify us within 30 days from the time you receive notice that you do not agree to the terms, you will be considered in agreement with the new TOS. If any modification to the TOS is objectionable to you, you may cease using our Services and delete your account at any time. You agree that if you use the Services after the date of modification, BioLev will treat your use as approval of the updated TOS.
Violation of Terms of Service
If you violate the terms of these TOS and/or BioLev has a reasonable cause that you have violated the terms of these TOS, BioLev has the right to suspend or terminate your account and refuse any current or future use of the Services
PLEASE READ THIS SECTION CAREFULLY. IT IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. We are available by email at customercare@BioLev.com to address any concerns you may have regarding your use of the Service. Most concerns may be swiftly resolved in through this method. You concur to use best efforts to settle any dispute, claim, or question directly through consultation and good faith negotiations. This shall be a prerequisite to either party introducing a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed solution within 30 days from the time informal dispute resolution is pursued in accordance with Section 28(1) above, then either party may begin binding arbitration. Except for any disputes excluded below in Section 28(4), all claims connecting to these TOS (including their creation, performance, and breach), the parties’ relationship, and/or your use of the Services shall be settled by binding arbitration confidentially controlled by JAMS. This shall be in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any guidelines permitting class actions. Each party will have the right to seek legal counsel for arbitration at their own expense. The parties shall choose an unbiased arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local authority, shall possess sole authority to resolve all disputes relating to these TOS, including, but not limited to, any claim that disputes these TOS as void. The arbitrator has the ability to grant the same relief that would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the fundamental findings and conclusions. This statement shall be binding and may be submitted as a judgment in any court of competent jurisdiction. The explanation and implementation of these TOS shall be subject to the Federal Arbitration Act. The JAMS policies governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds $250 and the claim is deemed to be viable, we will absorb the additional fees. If this occurs, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration. We will make arrangements to pay all additional fees directly to JAMS. We will also be liable for paying all other arbitration fees that arise relating to the arbitration – other than costs incurred by your legal counsel, travel, and out-of-pocket expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees gained by us if you do not succeed in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
You understand that despite this mandatory provision, you would have the right to sue have a jury trial. You further understand that the right to discovery may be more restricted in arbitration than in court.
Class Action and Class Arbitration Waiver. Both parties further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and we both clearly waive our respective right to file a class action or seek relief. If any court or arbitrator determines that the class action waiver in this paragraph is void or unenforceable for any reason or that an arbitration can progress on a class basis, then the arbitration provision described above in Section 28(2) shall be judged as null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Despite the parties’ agreement to address all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes within the scope of that court’s jurisdiction, and (ii) any disputes regarding intellectual property rights, obligations, or any infringement claims.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 28(2) and 28(3) by emailing your written decision to opt-out to arbitrationoptout@BioLev.com. The notice must be sent within 30 days of your first use of the Service, or the effective date of the first set of TOS containing an Arbitration and Class Action and Class Arbitration Waiver section. Otherwise, you shall be bound to arbitrate disputes corresponding with the terms of those sections. We will also not be bound if you opt-out of these arbitration provisions.
Term for Cause of Action. You agree that regardless of any statute or law, any claim or cause of action relating to use of the Services or the TOS must be filed within one year after such claim or cause of action occurred or it will be deemed as void.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 28(2) do not apply or if you have opted out of arbitration, you concur that any lawsuit shall be filed exclusively in state or federal courts located in Davidson County, Tennessee. Exceptions are made for small claims court actions, which may be brought into the county where you reside. Both parties’ consent to exclusive jurisdiction in Davidson County, Tennessee for any litigation other than small claims court actions. In the event of litigation regarding these TOS or the Service, you agree to waive any right to a jury trial, except if a jury trial waiver is not acceptable under applicable law.
Entire Agreement.The TOS establishes the entire agreement between you and BioLev and governs your use of the Services, overriding any previous related agreements between you and BioLev. You also may be subject to additional terms and conditions that may apply when you use affiliate services or third-party content.
The failure of BioLev to exercise any right or provision of the TOS shall not result in a waiver of such right or provision. If any provision of the TOS is found by a court of jurisdiction to be void, both parties agree that the court should give effect to the parties’ objectives as reflected in the provision.
Admissibility of printed version.A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on this agreement to the same extent and conditions as other business documents originally produced in printed form.
Section titles.The section titles in the TOS are for convenience purposes only and have no legal or contractual meaning.
Severability Clause.If any portion of these TOS is deemed unenforceable, the remaining portion will still stand in full effect.
Assignment:You may not delegate any rights or obligations under the Agreement. Any unsupported assignment and delegation shall be considered ineffective. We may freely assign or delegate all rights and obligations under the Agreement without prior notice. We may also substitute, by way of unilateral novation, effective upon notice to you, BioLev for any third party that assumes our rights and obligations under this Agreement.
Consent Document for Sample Storage and Additional Genetic Examination
By allowing Biolev to store your saliva sample and/or DNA extracted from your saliva, you are agreeing to Biolev and its contractors accessing and processing your stored sample, using the same or more advanced technologies, like genetic sequencing, corresponding with our Terms of Service and Privacy Statement. Unless notified otherwise, your sample will be stored for a minimum of one year and a maximum of ten years at our CLIA-certified laboratory. You may be contacted if we need to reprocess your sample. All of the same precautions taken with the use of your sample will be provided as in our Terms of Service and Privacy Statement.
Additional DNA Examination of Stored User Samples
Additionally, a portion of research participants may have their DNA reexamined by another technology, such as sequencing. The sequencing may focus on specific genes or areas on the coding portions of the genome (also known as the exome), or on the whole genome. While the field of large-scale sequence evaluation is still in its early phases, we can apply the methods to compare sequence data with public records of genetic variation to classify functional genetic variation. Depending on the nature of a study, sample sizes needed for sequencing vary significantly. To label the causal mutation for a rare recessive disease may only involve a nuclear family of four individuals. Identifying less penetrant rare modifiers of risk will likely need a larger group of people. The studies with whole exome and whole genome data have been primarily explanatory and more precise estimates of applicable sample sizes will develop as the methods for analysis are recognized. As for now, sample sizes may mainly be restricted by the cost and capacity of current high-throughput sequence providers.
If further data is gathered, their use will follow the scope of topics currently permitted by Biolev’s IRB. For example, research on delicate topics using these data will not be executed unless specific IRB approval and participant consent has been acquired.
Biolev’s mission is to give people the opportunity to learn from the human genome. One of the ways we do this is through our research program. You have previously consented to participate in our research, and we are now requesting for an additional level of research participation and consent. We ask for your authorization to share your de-identified individual-level Genetic & Self-Reported Information with research associates outside of Biolev. We collaborate with outside researchers when they can potentially assist us accelerate research and discover scientific findings. We collaborate to study several topics, including genetic factors that indicate illnesses and specific attributes, connections among them, human migration, and population history, and how people react to their personal genetic information.
This consent document serves as an addition to our full consent document. You can review the Biolev Main Research Consent here.
What am I agreeing to?
Giving permission by checking the appropriate box below means that you consent to let Biolev share your de-identified individual-level data with third party approved researchers. You agree that we are allowed to share your Individual-level Genetic & Self-Reported Information. This includes:
Your genetic information
Data you enter into surveys, forms, and any features with the Biolev Research logo
Data you separately approve to use for research
Your age and ethnicity
What does “de-identified” mean?
De-identified means that we remove information that could directly identify you (such as name, date of birth, and address) and connect any study information you provide by using a randomly generated code, like a study ID. Any Genetic & Self-Reported Information you permit us to share will be connected to that code without your name.
What does “individual-level” mean?
Individual level means the data related to a single individual. This is different from the Biolev Main Research Consent you signed that permits us to share only information that has been combined with data from other research participants.
Allowing researchers to access individual-level data helps them to study the data more comprehensively, which in turn may help them discover more significant scientific findings.
Who are the research collaborators?
Research collaborators can include, academic institutions, nonprofit organizations, pharmaceutical corporations, and diagnostic companies. These collaborators have scientists who study a variety of health topics. Each collaboration undergoes a rigorous screening process by a Biolev scientific committee who ensures that the goals and methods of the research are aligned with Biolev’s mission and consistent with any of our associated research consent documents.
What can the research collaborators do with my data?
Our research collaborators are required to sign an agreement that describes what they are allowed to do with your data. For example, who is allowed access and what specific projects the data can be used for. We require strict data security methods that must be in place before we release any data. The agreement also prohibits research collaborators from attempting to identify you or share your data outside the approved project.
We will not share your Genetic & Self-Reported Information for marketing purposes with our collaborators. You can learn more about how we share information for marketing purposes in our Privacy Statement.
Can I find out who my data is shared with?
We do not have the capacity to contact you every time we would like to share your data. We may ask you to volunteer your information or take a survey on a specific topic. This data might end up appearing in scientific publications, which will be posted on a participant’s “publications dashboard” (available under the “research” section of your account). If your data is used in a publication, it will only be published in summary form (combined data from many individuals) or using restricted, non-identifying information, like comments or feedback participants may consent to provide.
How is my data protected?
Biolev has very strong security measures in place to ensure your data is handled safely. Biolev also has agreements with all collaborators regarding the security and storage of data that we share. Biolev cannot 100% guarantee that your data will be safe, but Biolev policies and procedures minimize the chance of a breach.
What are the additional benefits?
In addition to the benefits described in the Biolev Main Research Consent, sharing your individual-level data will permit more researchers to study the data more meticulously. This may increase the chance of meaningful scientific discoveries, including but not limited to: increased understanding of the human condition and biology, human populations, and new diagnostic methods. In the future, anyone may benefit directly or indirectly from the research discoveries made by Biolev or our research collaborators.
Based on the information you allow us to share, Biolev or our research collaborators may make new discoveries that could lead to new commercial products or services. For example, new drugs, devices, or screening tests. If this occurs, these products or services will be the property of the researchers who developed them, and you are not entitled to any compensation.
What are the additional risks?
In addition to the risks explained in the Biolev Main Research Consent, sharing your individual-level data means your data would be stored in multiple locations. Security breaches resulting in a data leak have an increased possibility of occurring. In the event of a breach, if a portion of your genetic or self-reported data is associated with your identity in a public database, a hacker could match up the information.. For example, this data may be released to the public or insurance companies, which could have a negative effect on your insurance coverage.
If Biolev shares your genetic or self-reported data with a research collaborator, this action cannot be reversed.
Do I have any alternatives, or can I change my mind?
There is no alternative if you agree to share your data; after the data is shared, it is unreversible. Keep in mind, you can still participate in our research program without sharing your individual-level data.
Choosing not to give permission or withdrawing your consent will not affect your access to your Genetic Information or to the Personal Genetic Service.
You can retract your consent to share individual-level data at any time by declining this consent or withdraw from the entire program through your account settings. It may take up to 30 days to retract your information after you withdraw consent. If you withdraw your consent, any data that has been shared prior to this date cannot be reversed.
Who do I contact if I have questions?
If you have general questions and need help with Biolev’s services, please visit the following web page:
Biolev Customer Care
If you suffer from research-related injuries, or if you have a question about subjects’ rights, please contact the following:
Biolev Human Protections Administrator
If you have any questions or concerns about research that you do not wish to discuss with Biolev, click here to contact the independent, impartial research review board.
Part of BioLev’s mission is to help individuals learn from the human genome. Research is an important part of that mission. Here are some key points of our Research Consent Document. Please read the entire consent document below prior to making your decision to participate.
The purposeof BioLev Research is to discover new findings about genetics and other influences behind illnesses and human attributes.
If you agree to this consent, you authorize BioLev researchers to use specific information(including your Genetic Information and your responses to research surveys) to study a variety of research subjects.
To protect your privacy, BioLev performs research with information that has been your name and contact informationremoved and combined with similar information from several research participants.
Some BioLev Research is conducted in collaboration with third parties, such as non-profit organizations, pharmaceutical companies, or academic institutions. We may share summaries of research results with qualified research collaborators and in scientific publications, but they do not identify any specific individual.
It is unlikely that you will directly benefit from your participation, though you may indirectly through futurediscoveries that lead to healthcare developments or improvements to BioLev’s product and/or services. There is a minimal risk that someone could hack your Personal Information (information that can be used to identify you) without your permission in the event of a privacy breach.
Taking part in this research is entirely voluntary, and you can switch your consent choice at any timewithout affecting your access to the BioLev product or services.
Purpose: Why is BioLev doing research?
BioLev’s goals include supporting scientific discoveries about genetics and other influences impacting illnesses and human attributes. We perform our own research and support the studies of other researchers by collaborating and publishing our findings in scientific journals. Our findings may be used to help develop new methods of diagnosing and treating disease, or new features for BioLev products or services. We study:
Genetic and other factors behind illnesses and human traits
Methods to diagnose and treat diseases
The history of human population, including migration
How people react to their genetics
Topics include simple characteristics, like hair color or freckles, serious diseases such as Parkinson’s disease or diabetes, and less serious conditions such as migraine headaches.
BioLev discovers new findings by examining data across large quantities of research participants to find repetitions. For example, these repetitions might show if individuals with a particular set of genetic elements are more likely to get an illness, like cancer, diabetes, or asthma. Another repetition might indicate a new method to treat an illness. Our research findings may be used to assist in development of new drugs. Some findings by BioLev could help researchers better understand disease and may guide diagnosis and treatment decisions.
What does it mean to take part in BioLev Research?
If you choose to participate in BioLev Research, you will be asked to take surveys or enter personal information into the BioLev website or mobile app. You choose how much information you wish to provide. Giving consent allows BioLev researchers to use your Genetic & Self-Reported Information (including information provided prior to giving consent) for BioLev Research purposes, as described above. “Genetic & Self-Reported Information” * refers to:
Your genetic data
Information taken from your surveys, forms, and other features labeled with the BioLev Research logo
Your age and ethnicity
Pre-authorized data from a third party
We may inform you of new surveys and research opportunities as they arise. or invite you to participate in specific studies based on data you’ve previously provided via email invites, notifications in your account, or on your mobile device.
When BioLev conducts studies on sensitive research subjects, additional information will be provided to help you decide if you would like to participate.
Depending on the research activity, we may or may not compensate you for your time. For certain research activities, cash or charitable donations may be offered as compensation. There is no cost to take part in this research.
Some BioLev Research may be sponsored by or conducted in collaboration with third parties, such as non-profit organizations, pharmaceutical companies, or academic institutions whose additional expertise and/or resources can assist in discovering new scientific findings.
Sometimes research discoveries lead to products or inventions that hold value. You will not be compensated in any way in this scenario.
If you opt in to have your saliva sample stored by BioLev, we may also use the results for future research. For example, we may conduct whole genome sequencing, which allows researchers to study genetic information more in depth.
Your child may take part in BioLev Researchif your child consents to participate, and a parent or legal guardian approves BioLev to use their Genetic and Self-Reported Information for research. Here are some talking points to help you discuss BioLev Research with your child.
*You can learn more about Genetic Information, Self-Reported Information, Registration Information, and other Personal Information in our Privacy Statement.
How is my privacy protected?
BioLev uses a range of physical, technical, and administrative methods to protect your data. We consistently update our privacy and security practices to help ensure the safety of your information. These practices include, but are not limited to, the following:
BioLev research utilizes information that has your identifying Registration Informationremoved (name, address, email address, user ID, password, or credit card). Your contact information may be used to communicate with you but not analyzed in combination with your Genetic and Self-Reported Information.
When we publish research results or share results with collaborators, we only share summary information that does not identify any specific user.
We have attained a Certificate of Confidentialityfrom the National Institutes of Health (NIH). If an external party demands access to data collected for BioLev Research, the CoC allows BioLev to refuse the request.
BioLev maintains an internationally recognized security standards certificationfor our vigorous data privacy and security systems.
All BioLev employees and researchers are trained on how to work with human research participants responsibly. Who will have access to my information?
We may share summaries of research results that does not identify any specific person, with qualified research collaborators and in scientific publications. You will not be asked for consent every time we share summary information.
We may share data with our ethics review board(also called an Institutional Review Board or “IRB”) and other agencies to maintain our compliance, or as otherwise required by law.
BioLev researchers will have access to Genetic and Self-Reported Information, but not to your identifying Registration Information.
For further details on BioLev’s other uses of Personal Information, see our Privacy Statement.
What are the benefits in participating in BioLev Research?
You will not receive any direct benefits by taking part in BioLev Research. For example, we will not give any results of BioLev Research. However, you may experience indirect benefits:
The findings discovered could improve BioLev product or services offerings or contribute to new ways of preventing and treating illnesses.
By taking surveys, you may learn about BioLev’s Research findings. We may also update you on research and publications that your data has contributed to.
Some survey questions or data comparisons may make you uncomfortable.
BioLev has strict policies and practices in place to minimize the risk of a breach but there is still risk associated with the breach of your Personal Information. For example:
In the event of a breach, your Genetic Information and/or Self-Reported Information could be exposed. In some cases, a breach could also expose information about relatives who share some of your DNA.
There is a small chance that a user could be re-identified from summary information, including from published research results.
There may be additional risks to participation that are currently unpredictable.
Can I change my mind?
Your participation in the BioLev Research is completely voluntary. If you change your mind about participating, you can adjust your consentin your Account Settings at any time. If you retract your consent, BioLev will prevent your Genetic and Self-Reported Information from being used in new BioLev Research initiated after 30 days from when we receive your request from your Account Settings.
There is no penalty for choosing to withdraw. You will not lose any benefits you receive by being a BioLev customer, including access to your Genetic Information and to the Personal Genetic Service.
You may also cease participation by closing your Personal Genetic Service account. This can be done in your Account Settings.
If you choose not to give consent for BioLev Research, your Genetic and Self-Reported Information may still be used for other purposes, such as to improve the BioLev product and services, as described in our Privacy Statement.
Your participation in BioLev Research could be terminated without notice in the case of a transfer of ownership of BioLev (described in our Privacy Statement), or termination of BioLev products or services (described in our Terms of Service).
Who do I contact if I have questions?
If you have general questions and need assistance with BioLev’s product or services, please contact:
BioLev Customer Care
If you have any questions or concerns about BioLev Research, if you suffer a research-related injury, or if you have a question about subjects’ rights, please contact the following:
BioLev Human Protections Administrator
If you have any questions or concerns about research that you do not wish to discuss with BioLev, click here to contact the independent, impartial research review board for this study.