mitoYDNA.org Terms of Service and Privacy Policy

May 2, 2019
info@mitoYDNA.org

mitoYDNA Ltd. and the associated site, mitoYDNA.org, understands the need for personal privacy protections and we will comply with the policies stated in this terms of use and privacy document.

This Privacy Policy explains how our website works in connection with information we may collect through your use of our website ('Site') as a registered user. By continuing the registration process and your further use of this site, you consent to our collection and use of the information described in this Privacy Policy.

Please read this document completely as it contains important information about your rights and responsibilities when you use our website. Then click “I agree” when asked to do so in order to join us in our work to make DNA crowd sourced, free, and accessible.

1. Contact information and Name

We are mitoYDNA Ltd. and our physical address is: 13511 Moser Rd Thurmont, MD 21788 We are referred to as mitoYDNA in these terms.

You may contact us by emailing to info@mitoYDNA.org. Please include your Name and the Kit number associated with the correspondence.

2. mitoYDNA.org Site Collection and Use of Information

Information we collect when you register to use mitoYDNA,org:

As a registered user you can provide further personal information:

This information is offered voluntarily by you to allow for access to and sharing of your data, and to further any and all purposes set out in these terms. By entering this information you consent to the storage, processing, and transfer of your personal information outside your country.

You may learn information about yourself that you did not anticipate. This information may evoke strong emotions and has potential to result in unexpected social, legal or economic implications. Similarly, others with which you have shared your data and personally identifiable information on this site may learn such unanticipated information about theirselves. You hereby agree to hold us harmless with respect to any legal implications of such unanticipated discoveries. You also acknowledge that such implications may occur as a result of accidental misinterpretation of data provided to the Site, and you agree to hold us harmless in such event.

Genetic information shared on our Site can be used against your interests. You may want to consult an attorney to understand the extent of legal protection of your genetic information before you share it on our Site. Such protections tend to vary from jurisdiction to jurisdiction.

mitoYDNA will also collect information in the form of internet “cookies” (see Cookie Policy below) which include information about your equipment, browsing actions, and usage patterns. The information we automatically collect does not include personal information. We use this information solely for internal purposes, such as to improve our Site. You consent to our cookies if you continue using our Site. You consent to our cookies if you continue using our Site. You consent to our cookies if you continue using our Site.

We may add services over time.

Our Site may use third party analytical tools to help us understand anonymous information about you, your age, interests, etc. These tools do not reveal to mitoYDNA, ltd. your name or other identifying information, therefore this information is not used in conjunction with any information you have posted within the mitoYDNA.org site. The anonymous information only serves to improve our site and allow us to better serve our registered users.

mitoYDNA does not currently manage or maintain any public forum for discussion on our site. In the event we should add such features, or to the extent that any of our agents or employees should administer or participate in any such forums on other websites, including but not limited to forums on social media sites (Facebook Groups, etc.), we are not responsible for the consequences of your sharing any personally identifiable information thereto.

We may disclose DNA Data, personal information, and/or links to our users Genealogy Data if it is necessary to comply with a legal obligation such as a subpoena or warrant. Our Database is open to all registered users. See Section 4, Security for informtioan on Opt-In/Out for Law Enforcement, and/or research searches of forensic genealogists, whether for law enforcement purposes or for the purposes of identifying relatives of individuals of unknown parentage. If we receive a formal request for your data we will attempt to alert you to this disclosure of your Raw Data and or personal information unless notification is prohibited under law. However, failure provide such notification will under no circumstances constitute a breach of these terms on our part.

You must be 18 years of age or older to register for mitoYDNA. No information for minor children or persons otherwise legally incapable of giving consent is permitted unless such information is posted by a legal guardian/parent. Submission of information pertaining to individuals under the age of 16 on the Site without parental consent is a violation of these terms. However, please consult the laws and regulations specific to your jurisdiction to ensure your compliance with any and all applicable privacy-related restrictions that might arise from sharing personally identifying information of a third party. As there is no practical mechanism by which we can ensure users comply with the applicable privacy laws and regulations, we are not responsible in the event any damage or harm results due to any failure of users to comply with such laws and regulations.

mitoYDNA exists to provide DNA and genealogy tools for comparison and research purposes. It is supported entirely by users, volunteers, and researchers. DNA and Genealogical research, by its very nature, requires the sharing of information. Because of that, users participating in this Site agree that their information will be shared with other users.

Uploading DNA Data to mitoYDNA

When you upload DNA Data to mitoYDNA, you agree that the DNA Data is one of the following:

By registering for mitoYDNA.org and using the Site, you agree that you will not upload DNA Data that does not satisfy one of these categories.

mitoYDNA will not be responsible for any DNA Data provided to mitoYDNA in violation of this Terms of Service or Privacy Policy. Upon discovery of a violation of these terms, and/or by our sole discretion, violations of this Policy may result in irreversible deletion of data from the site without warning. We further reserve the right to block access and/or take any other remedial steps we deem appropriate, including seeking any legal remedies that may be available under applicable laws and regulations.

3. Privacy

Although you may provide a real name for registration and data upload, you have the option of providing an alias for either login or data. If an alias has been provided, it will be displayed in place of the real name along with results. If your DNA is linked to your Genealogy Data, and only one or the other uses an alias, it may be possible for users to see the real name in the linked data. Furthermore, if a real name or any other personally identifiable information is provided on this Site, you have no reasonable expectation of privacy with respect to the use of such information, other than that such information will be subject to these Terms.

If you require absolute privacy and security, you agree that you will not provide your personal information, DNA Data, or links to Genealogy information to mitoYDNA. If you do not agree and you have already provided your personal information, DNA Data, or links to Genealogy Data, you agree to delete it immediately. Such deletion, however, does not discharge your responsibilities under these terms, nor does it shift any responsibilities to mitoYDNA.

4. Security

Although mitoYDNA has endeavored to create a secure and reliable Site for you, the confidentiality of any communication, material, or personal information provided to mitoYDNA via the Site or email cannot be guaranteed.

When you opt-in to create a kit on the Site you will identify who and for what purpose the kit is being used. Each kit's intended use will allow the Site to maintain the visibility of each kit with respect to other kits in our system. We do not guarantee that each kit will be private even when opt-out is selected. If you opt-out of sharing any kit you do so with the knowledge that any kit may be seen by anyone for any purpose despite the Sites best effort to provide privacy.

Be aware that unauthorized access (hacking) may be a possibility on this or any other Site. We take measures to ensure that only registered users have access to your results, but those measures may not be enough to prevent access. Direct access to your data is available to mitoYDNA.org personnel, including volunteers, on a need to know only basis.

Information such as DNA Data and profile information may be stored as an archive copy as part of a backup or recovery plan. When a registered mitoYDNA.org user deletes or requests deletion of DNA Data, and/or profile information, copies of that information stored in an archive copy will be deleted upon storage of an updated archive copy.

5. Research

You hereby authorize mitoYDNA to use your data in conjunction with our own research, to develop or improve applications for the Site and/or to further any purposes stated in these Terms.

By providing data to us, you acquire no rights in any research or commercial products developed by us and will receive no compensation related to any such research or product development.

6. Email addresses

Every user who registers with mitoYDNA must provide a valid email address for the registered account. It provides log-in verification and allows mitoYDNA to contact them if needed. You agree to keep your log-in information secure, and to keep your email address up to date.

The Email address and name (or alias, if provided) you provide is displayed in conjunction with any DNA data, along with any matches to your DNA Data.

You understand that any registered mitoYDNA.org user using the tools available on the Site may gain access to the email address you provide, , and you agree to hold mityDNA and its employees and agents harmless in the event such public access to your e-mail results in unwelcomed contact from third parties, including but not limited to other registered users.

You may link your DNA Data to third party sites for your genealogy. This furthers your ability to use your DNA data in conjunction with your own and others genealogy to further genealogical research. mitoYDNA only provides links and does not have any liability for connections to or for information at third party sites.

7. DNA Data

DNA data uploaded to mitoyDNA.org remains the property of the person who uploaded it. When you upload a file, a kit number will be assigned at the end of the upload process. This number is unique to the individual DNA data upload, and will be used on the pages of this Site to identify your data, including being provided to anyone who shares DNA with the DNA data. Uploading DNA data to the Site in no way imposes any responsibility for us to preserve or back up your data. This is a suite of analytical tools and a platform for sharing and comparing data. We are not a data preservation service and make no express or implied warranties as to the preservation of your data.

Use of Results

“Crowdsourced, Free and Accessible” is our mantra. mitoYDNA understands the collaborative model that is genealogy/genetic genealogy but also understands the reality of working in a “sharing” environment. Anyone found to be in conflict with these terms of service and privacy policy will be subject to an immediate ban with all their data removed. Examples include, but are not specifically limited to, spam mailing lists or publishing other people's results or personal information without their permission. Determination of any violation of this principle will be at the sole discretion of mitoYDNA. You hereby agree to hold us harmless for the consequences of any such actions relating to account restriction or deletion, whether or not such actions were made in error.

While the results presented on this Site are intended solely for genealogical research, we are unable to guarantee that users will not find other uses, including both current and new genealogical and non-genealogical uses. For example, some of these possible uses of DNA Data, personal information, by any registered user of mitoYDNA include but are not limited to:

You understand that future genealogical and non-genealogical uses may be developed, including uses that mitoYDNA cannot predict or foresee. If you find any of these current or future uses unacceptable, do not provide DNA Data to mitoYDNA, and remove any of your DNA Data already provided to this Site.

Third party integration is an important part of following the collaborative model of genetic genealogy and mitoYDNA works to create a seamless connection to third party sites for genealogical data and genetic genealogy information.

It is our policy to never provide your DNA Data, personal information, or email address to third parties, except as noted herein.

You have the right to access the personal information that mitoYDNA has collected about you. You may do the following at any time by contacting us.

Accuracy of Results

The analysis and comparison results presented on this Site are provided 'as is' and no representations are made regarding their accuracy or usability. Changes in software and analysis tools may be made from time to time that could change results from those previously provided. We do not make any promises about: (a) the functionality of the Site or the Site tools; or (b) the quality, accuracy, reliability, or availability of the Site, including about any personal information, DNA Data provided to the Site. Any reliance you place on information found at the Site is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you and any other visitor to the Site, and by anyone who may be informed of any of its contents. The operators of this Site are not responsible for the consequences of using the information provided on this Site.

8. Termination of Service

Anyone wishing to have to have their provided Data Data removed from the mitoYDNA databases may do so using the removal/deletion link or other means provided within your mitoYDNA account.

mitoYDNA reserve the right to remove any DNA Data or personal information from the Site and databases, for any reason, at any time, either with or without notice. Any or all services at mitoYDNA may be terminated at any time, without notice, for any reason, at the sole discretion of the mitoYDNA.

9. Cookies

What Are Cookies?

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

Account related cookies

If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out

Login related cookies

We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

Forms related cookies

When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

Site preferences cookies

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page.

Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the GDPR Cookies Policy Generator

However, if you are still looking for more information, you can contact us through one of our preferred contact methods:

Contact:
info@mitoYDNA.org

10. Data Loss

mitoYDNA is not responsible for data loss. Please reload if for some reason your data does not appear in our database.

11. Future

mitoYDNA will, as long as it is crowdsourced and user supported provide a free and accessible database to it’s registered users. However, failure to provide such services indefinitely for free of charge, or any temporary or permanent disruptions to such free services shall not constitute a breach of these Terms. Any monetary contributions made to the Site in furtherance of our purposes does not create any responsibilities to contributors to provide uninterrupted or perpetual services.

12. Disclaimers

To the maximum extent permitted by applicable law, in no event shall mitoYDNA, its officers, agents, representatives, employees, licensors and affiliates be responsible for any incorrect or inaccurate information in connection with the Site, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in the operation of the Site. mitoYDNA shall not be responsible for any implications of the DNA Results and/or DNA Reports whether or not they are correct or incorrect.

mitoYDNA is not responsible for the conduct, whether online or offline, of any user of the Website. To the maximum extent permitted by applicable law, in no event shall we be responsible for any loss or damage, including lost data, lost information, personal injury or death, or privacy implication resulting from anyone's use of the Site or the Service, any information posted on the Website or transmitted to members or other users, or any interactions between or among members or other users of the Website, whether online or offline.

mitoYDNA may in its sole discretion, but is not obligated to, preview, review, screen, remove, or edit the DNA Data.

13. Limitation on Liability

In no event shall mitoYDNA be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages arising from your use of or inability to use the Site or any portion thereof, even if we have been advised of the possibility of such damages. We assume no liability resulting from any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; any unauthorized access to or use of our servers and/or any and all information stored therein; any interruption or cessation of transmission to or from the Site; any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site; and/or any loss or damage of any kind incurred as a result of your use of the Site, whether based on warranty, contract, tort, or any other legal theory. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

If you are dissatisfied with this Site your ultimate recourse is to stop using the site and removing your information.

14. Indemnity

You agree to indemnify and hold mitoYDNA, volunteers, employees, directors, agents, licensors, managers, affiliates and any third party acting on our behalf, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or access to the Site, your violation of this Agreement and/or any breach of your representations and warranties set forth above and/or if any information that you post on the Website or otherwise submit to us or through the Site causes us to be liable to any third party.

We may update these terms from time to time, and we will attempt to notify you of any changes so that you may opt-in to any new Terms. However, so long as our purposes remain consistent with the purposes to which you acknowledged, any update to these Terms shall not impose upon us any responsibility to remove your data from the Site. I agree that this clause is intended to govern the use of my data even in the event of my death or incapacity.

15. Your Responsibilites and Understandings

You hereby agree not to resell the services provided on the Site, and not to reproduce or publish any content or information found on the Site. This includes, but is not limited to, mailing lists compiled from e-mail addresses obtained on the Site.

You agree to contact us immediately if you suspect your account has been breached or used without your authorization.

You hereby agree not to use any information from this Site for any discriminatory or illegal activity. By providing data to our Site, you are warranting that your are not an insurance company or an employer attempting to obtain information about an insured person or an employee.

You hereby permit your data to be retained and kept available on the Site pursuant to these Terms, notwithstanding whether you should die or otherwise become legally incapacitated. Furthermore, you agree that there shall be no third-party beneficiaries to this agreement.

Contact:
info@mitoYDNA.org

mitoYDNA Ltd.
13511 Moser Rd.
Thurmont, MD 21788