Privacy Policy
- OUR PRIVACY STATEMENT
1.1 This Privacy Policy, together with our Privacy Notice, sets out how The DNA Company Inc. with registered office at 2020 Winston Park Drive, Suite #200, Oakville, ON L6H 6X7 (“DNA Co.“) and its subsidiaries, related bodies corporate and franchisees (collectively referred to in this policy as “DNA Co.“, “we” or “us“) protects the privacy of your Personal Information (as defined below) and the basis on which any Personal Information we collect from you, or that you provide to us, will be processed by us.
1.2 DNA Co. is committed to ensuring that your privacy is protected and to ensuring that your Personal Information is processed in accordance with applicable laws and regulations (as amended or replaced from time to time) protecting the privacy of Personal Information in the jurisdictions in which we operate (“Applicable Laws“). For the purposes of this Privacy Policy, Personal Information means information that is about you as an identifiable individual, such as personal health information or other personal information as defined by the Applicable Laws. DNA Co. will only collect, use, store, disclose and transfer your Personal Information in accordance with this Privacy Policy, any related Privacy Notices and Applicable Laws.
1.3 Please read the following carefully to understand DNA Co.’s views and practices regarding your Personal Information and how we will treat it. By utilizing DNA Co.’s genetic testing program (“Program“), you confirm that you have read, understood and agree with the collection, use, storage, disclosure and transfer of your Personal Information in accordance with this Privacy Policy and the related Privacy Notice. If you do not agree or withdraw your consent, you should not subscribe to or use the Program.
1.4 If you are under the age of 16, you must not use the Program or submit Personal Information unless you have the consent of and are supervised by a parent or guardian. DNA Co. does not knowingly collect information from people under the age of 16 without such consent.
1.5 This Privacy Policy was last updated on, and is effective as of, March, 29th, 2023. DNA Co. reserves the right, in its sole discretion, to modify, revise, delete and update this Privacy Policy from time to time. DNA Co. will use reasonable endeavors to notify you in advance of any modifications to the terms of this Privacy Policy (e.g. by posting the revised policy with a new effective date and by publishing the information about such modification on its web page www.thednacompany.com. If you do not agree with the modifications, revisions, deletions or updates, your exclusive remedy is to cease using the Program. By continuing to subscribe to the Program after those changes are made, you shall be deemed to have accepted and agreed to the changes.
- THE PERSONAL INFORMATION THAT WE COLLECT FROM YOU
2.1 When you use the Program, we collect the following Personal Information about you:
(a) Information you give us: You may give us information about you by using the Program. Such information may include, but is not limited to:
(i) your name, title, gender and/or date of birth, history of wellness and medical conditions;
(ii) your contact information including phone/mobile number and email address;
(iii) billing and shipping address;
(iv) payment information (e.g. credit card); and
(v) your age, height, weight, waist measurement and health history.
(b) Information DNA Co. collects about you: In order to provide you with our Program, we collect the following information for you:
(i) genetic and biological health information, including information regarding your genetic profile generated through processing and analysis of your saliva by DNA Co. or by its subsidiaries, contractors, successors, and assignees; or otherwise processed by and/or contributed to us. (“Genetic Information”);
(ii) for greater certainty, your saliva sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. Any Genetic Information derived from your saliva remains your information, subject to any specific rights we retain as set forth in this Privacy Policy and any related Privacy Notices; and
(iii) other personal health information, such as any disease conditions or other health related information as provided by you to us through the screener form on our website.
(c) Cookies and tracking
(i) We and our third-party partners use cookies and similar technologies (such as web beacons, tags, scripts and device identifiers) to help us recognize you, customize and improve your experience, provide security, analyze usage of our Program (such as to analyze your interactions with the results, reports, and other features of the Program), gather demographic information about our user base, to offer our products and services to you, to monitor the success of marketing programs, and to serve targeted advertising on our site and on other sites around the Internet. We and our third-party partners do not use your sensitive information, such as Genetic Information, for targeted advertising. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.
(ii) In addition to the above, when interacting with our website, we gather certain information automatically about the website’s users and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you, such as your user profile ID or order number. We do this to improve services we offer you, and to improve marketing, analytics, and site functionality.
(iii) When you access our website by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
(iv) In the event that you would like to opt-out of interest based or targeted advertising from us, or to find more information about interest-based advertising, please visit Your Ad Choices http://youradchoices.ca/choices. The Your Ad Choices opt-out tool allows you to opt-out of any advertising networks participating in the self-regulatory program for online behavioural advertising, including those networks used by DNA Co. To opt-out of Amazon Ad System advertising specifically, you may also visit http://www.amazon.com/gp/dra/info. These opt-outs will not be effective if your browser is configured to reject cookies, or if you subsequently erase your cookies, use a different computer or change browsers. Please note that even if you opt-out, you will still see advertisements while you’re browsing online. However the advertisements you see may be less relevant to you and your interests.
- WHAT WE DO WITH YOUR INFORMATION
3.1 DNA Co. (and third party data processors who may be acting on our behalf) may collect, store and process your Personal Information described above for the following purposes:
(a) to administer and operate the Program, and the services provided in connection with the Program, including processing and analyzing your genetic testing results and Genetic Information and providing nutritional supplements related to such results and Genetic Information;
(b) to perform research and development activities, which may include, for example, conducting data analysis and research in order to develop new or improve existing products and services, and performing quality control activities. DNA Co. may use Genetic Information for research purposes and may allow select third-party research contractors to access your Genetic Information for the purposes of conducting scientific research, provided that DNA Co. will ensure all such research contractors maintain a comparable level of protection of Personal Information, including Genetic Information, as set out in this Privacy Policy;
(c) conduct analytics to improve and enhance our Program;
(d) for our internal record keeping requirements, including collection of anonymized details about the use of the Program to compile aggregate statistics or produce internal reports;
(e) to share your Personal Information with selected third parties in accordance with Section 4 of this Privacy Policy;
(f) to the extent we have a legal obligation, right or duty under the Applicable Law to use or disclose your information (including for crime and fraud prevention and related purposes); and
(g) to anonymize and aggregate the Personal Information (including Genetic Information) for any other purposes, provided that no identifiable personal information can be readily identified.
3.2 DNA Co. (and third party data processors who may be acting on our behalf) may collect, store and process the information you give us, namely your name, date of birth, contact information and any information obtained from cookies and similar technologies for the following purposes:
(a) to implement online marketing campaigns and targeted advertising, including by utilizing third-party ads (subject to your cookie settings and preferences), and to measure the effectiveness of our marketing and targeted advertising;
(b) to provide you, or permit selected third parties acting on DNA Co.’s behalf to provide you with information by SMS, e-mail or other electronic messaging service about programs, goods or services we feel may interest you including, without limitation, brochures, details of promotions, events, new products and services or contests.
3.3 DNA Co. will only retain your Personal Information for as long as reasonably necessary having regard to the purposes for which your Personal Information was collected and will delete such Personal Information after the expiry of such period unless otherwise required under the Applicable Law and any anonymized and aggregated information will be retained by DNA Co. DNA Co. will retain your Personal Information for a period of five (5) years after.
Behavioural Advertising
We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
- DISCLOSURE OF YOUR PERSONAL INFORMATION
4.1 DNA Co. may share your Personal Information that it collects from you or that you provide to DNA Co. with selected third parties for the following purposes:
(a) in order to operate the Program and provide the services in connection with the Program (including custom nutritional supplements which you may have subscribed to receiving); and
(b) any other purposes as set out in this Privacy Policy, including querying your dna data to offer personalized recommendations for genetic expression management.
(c) For greater certainty, your Genetic Information will not be disclosed by DNA Co. except to provide you with the Program, or services related to the Program (including custom nutritional supplements which you have subscribed to receiving), unless we have obtained your express consent to do so.
4.2 DNA Co. may share your Personal Information with:
(a) to our subsidiaries, including Youtrients Inc., for the purposes described in paragraph 4.1(a) above. In such cases, the Personal Information disclosed to Youtrients will include:
(i) your name, title, gender and/or date of birth;
(ii) your contact information including phone/mobile number and email address;
(iii) billing and shipping address;
(iv) payment information (e.g. credit card); and
(v) your age, height, weight, waist measurement and health history.
(b) business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in relation to the Program or for marketing purposes;
(c) companies that provide statistical analysis services. In such cases, the Personal Information disclosed will include:
(i) your name, title, gender and/or date of birth;
(ii) your contact information including phone/mobile number and email address;
(iii) billing and shipping address;
(iv) payment information (e.g. credit card); and
(v) your age, height, weight, waist measurement and health history.
(d) analytics and search engine providers, such as Google Inc., that assist us in the improvement and optimization of our website. In such cases, the Personal Information disclosed will include
(i) your name, title, gender and/or date of birth;
(ii) your contact information including phone/mobile number and email address;
(iii) billing and shipping address;
(iv) payment information (e.g. credit card); and
(v) your age, height, weight, waist measurement and health history.
4.3 DNA Co. will ensure that third parties who have received Personal Information from DNA Co. will maintain a comparable level of protection of the Personal Information as set out in this Privacy Policy by using contractual or other means. To the fullest extent permitted by Applicable Law, DNA Co. excludes all liability arising from the use of your Personal Information by third parties. DNA Co. can, on request, confirm the name of each third party that Personal Information is, or will be, transferred to.
4.4 DNA Co. may disclose Personal Information: (i) to comply with any applicable laws, regulations, governmental and quasi-governmental requests, court orders or subpoenas; (ii) to enforce the any agreements between you and us or to investigate potential breaches of such agreements; or (iii) to protect DNA Co.’ rights, property or safety or the rights, property or safety of other users of the Program or others (e.g., for fraud protection etc.).
4.5 Except as set out in this Privacy Policy, we will not disclose, sell, distribute, rent or lease your Personal Information to third parties unless we have your permission or to complete a transaction for you. We do not share your identifiable Personal Information with third parties for their direct marketing use without your express consent.
4.6 In the event that a third party proposes to acquire all or some of our business and/or assets, we may disclose your Personal Information to that third party in connection with their proposed or actual acquisition. In the event that we become insolvent or we are in any similar situation, we may also disclose your Personal Information to third parties as part of a business or asset sale carried out where such disclosure is lawful and compliant with the Applicable Laws.
- INTERNATIONAL TRANSFERS OF DATA
5.1 DNA Co. may transfer the Personal Information collected from you to our overseas related entities, subsidiaries, related bodies corporate and franchisees in order to provide the Program or services related to the Program, including custom nutritional supplements which you have subscribed to receiving. It may also be necessary for us to disclose your Personal Information to third parties located in Canada or the United States of America or outside of North America in connection with the purposes set out in this Privacy Policy.
5.2 By submitting your Personal Information you consent to the transfer, storage and/or processing of your Personal Information outside the jurisdiction in which the information was originally collected. DNA Co. will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. Where we have engaged international third parties to perform services in relation to the Application, we will use contractual or other means to ensure such third parties offer a comparable level of protection in respect of the Personal Information.
- SECURITY
DNA Co. has in place security measures to store all Personal Information collected and received securely. We use appropriate technical, organizational, administrative and physical measures to protect your Personal Information contained in our system against accidental damage, deletion, misuse, loss and unauthorized access or alteration. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted by a re-seller to us. Once DNA Co. has received your Personal Information, we will use strict procedures and security features (including by encrypting the Personal Information) to try to prevent unauthorized access.
- YOUR RIGHTS
7.1 You have the right to, at any time, ask us not to process or share your Personal Information for marketing purposes or any other purpose which is not required to administer and operate the Program and the services provided in connection with the Program (even where you have previously given consent). You have the right to, at any time, ask us not to process or share your Personal Information for purposes which are required to administer and operate the Program and the services provided in connection with the Program. In such case, we may no longer be able to provide you with the Program or related services.
7.2 You have the right to access details of your Personal Information that we hold about you by written request and to request rectification or erasure of such Personal Information, if the Applicable Laws allows you to do so. When you ask to access your personal information, we will use reasonable efforts to comply with your request; however, in some cases, we may not be able to allow you to access certain personal information in certain circumstances, for example, for legal, security or commercial proprietary reasons. Further, we may not be able to provide you with your personal information if collecting the information would prove burdensome (for example, it would be prohibitively costly to provide such personal information). In such cases, we will provide you with a reasonable explanation of why it is not possible to grant access to your personal information.
7.3 You may choose to no longer receive communications from us by replying STOP to communications (if any) you receive from DNA Co. You may unsubscribe to any email from us using the instructions in the email you receive; this will not stop us from sending emails about your account or transactions with us or other information required for your use or subscription to the Program.
7.4 You also have the right to change your mind about consenting to the use, disclosure and transfer of your Personal Information in accordance with this Privacy Policy by contacting us at the address listed below. If you withdraw your consent for DNA Co. to process your Personal Information in accordance with this Privacy Policy, DNA Co. may not be able to provide you with the Program or services related to the Program, including custom nutritional supplements which you have subscribed to receiving.
7.5 You have the right to make a complaint about a possible breach of the Applicable Laws to us. We will consider any complaints we receive and respond to your complaint within a reasonable period of time. You also may lodge a complaint about the treatment of your Personal Information with the supervisory authority located in your jurisdiction, if the Applicable Laws allows you to do so.
7.6 You can exercise your rights above by contacting us at the address listed below.
- CONTACT
8.1 Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed The DNA Company Inc at 2020 Winston Park Drive, Suite #200, Oakville, ON L6H 6X7 or clientcare@thednacompany.com
Last updated: March 29th, 2023