Terms & Conditions

Privacy Statement

Mindful Genomics is committed to protect the privacy of the data you provide to us. We collect your personal and health information when you i) register an account on our website, ii) enter information on our website, iii) provide your DNA samples and/or iv) navigate our webpages.

We collect your personal and health information for the purpose of i) fulfilling your orders, ii) providing customer service and support, and iii) marketing and keeping you informed of our new services and products.

We may use the information about customers to i) process your request, ii) update your information, iii) run contest, surveys and special promotion, and iv) for marketing purposes.

Our website is scanned on a regular basis in order to make your visit to our site as safe as possible.

Customers’ information is only accessible by relevant persons who have special access rights, and are required to keep the information confidential. All sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology.

We use cookies to recognize your browser and capture and remember certain information, e.g. to help us compile aggregate data about site traffic and site interaction, so that we can offer better site experiences and tools in the future. You may turn off all cookies if you wish.

We do not sell, trade, or otherwise transfer customers’ personally identifiable information to outside parties without customers’ permission.

However, Mindful Genomics do make customers’ information accessible to our subcontractors and partners e.g. website hosting partners and other parties who assist us in operating our website and conducting our business, because they agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

We may use third-parties to display or serve advertisements on our behalf on our websites or elsewhere on the internet. These third parties may set their own cookies, pixel tags, or similar technologies on our websites to collect information about users’ online activities over time and across different websites and applications in order to make our ads more relevant to you.

We work with third-party social media providers to offer you their social networking services through our Services. For example, you can log in to mindfulgenomics.com site using Facebook or Google. In addition, if you use our mobile applications, we may ask you to connect to your Facebook or Google account – if you agree to do so, we may display and share your information pursuant to Facebook’s and Google’s Platform Policy. These social networking services may collect, process, and retain information about you, in accordance with applicable law and their own terms of service and/or privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

Please note: If you click away from our websites to visit the site of any third party advertiser, sponsor, social media network, or other third party site, you may be asked for your personal information for use of the social media network, or payment card or other personal information in order to purchase or use the products and services that those third parties offer, as applicable. These companies have their own privacy and data collection practices. We have no responsibility or liability for these independent policies. You should therefore review their privacy notices carefully regarding how your information may be used.

Mindful Genomics may disclose personal information to third parties in these additional scenarios:

  • with your knowledge and consent;

  • as reasonably necessary to comply with a law, regulation, valid legal process (e.g. subpoenas or warrants served on us) or governmental or regulatory request;

  • as necessary or appropriate to protect the rights, property, safety, confidentiality, or reputation of Mindful Genomics and its affiliates or other users in various parts of the world;

  • to enforce our terms and conditions;

  • to prevent fraud or cybercrime;

  • to permit us to pursue available remedies or limit the damages that we may sustain; or

  • as necessary or appropriate to otherwise address unlawful or harmful activity.

If we are going to release your personal information to law enforcement, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so. In addition, we reserve the right to withhold advance notice where it would impede an investigation of identity theft, or in situations involving imminent physical harm or harm to minors.

Mindful Genomics strives to deliver to our customers relevant advertisements on our websites and elsewhere on the Internet. Mindful Genomics uses third parties to highlight to you advertisements that are tailored to you based upon your interests or online behaviours. Any such advertisements placed on our behalf will contain information on or near them that informs you about the third party delivering you the ads and how to opt-out of receiving such ads in the future.

If you wish to not have your information used by our third party partners for the purpose of serving you such advertisements, you may do so by contacting us.

We may occasionally run contests, surveys, or other special promotions on our and our partners’ and associates’ websites in which we obtain customers’ information e.g. health, personal and demographic information (like a zip code, age, or income level). We use this data to run the contests or promotions and send users promotional material about our company or third parties we deal with. Participation in these surveys or contests and providing additional customers’ information is voluntary. Customers’ information may be shared with other companies for marketing purposes.

In order to comply with all applicable laws and regulations governing the collection and use of personal information, our Privacy Statement will be updated regularly. If you do not consent to any changes to our Privacy Statement, you must stop using the Websites and the Services and you should notify us so we can discontinue your account.

If you have any questions about this Privacy Statement or Mindful Genomics’s privacy practices regarding the below, you can contact our us at mel@mindfulgenomics.com and we will respond to all access requests within 30 days.

  1. your dealings with our websites, or any disclosure of personal information to third parties for direct marketing purposes, or

  2. if you wish to request access to and receive information about the personal information we have received from and share about you (noting that your rights to access personal information may be limited in some circumstances), or

  3. update and correct inaccuracies in the personal information we have about you, or

  4. have the information blocked or deleted, as appropriate, or

  5. oppose (in case of legitimate reasons) the processing carried out with respect to personal information,

 

Mindful Genomics Sale of Goods and Services - Terms and Conditions

1.1 Mindful Genomics’ Services

The services of Mindful Genomics include the collection, extraction, and analysis of your information, based on a DNA sample or any other form of your information provided by you (Services). The Services are provided by Imagene Labs, our processing laboratory partner, and its affiliates and partners “AS-IS” and are based on the current state of biomedical research and technology used by Imagene Labs or its partners and affiliates.

The Services might change from time to time without any prior notice. You can stop using the Services at any time. If you wish to close your account, you can contact us at mel@mindfulgenomics.com. Mindful Genomics does not have any responsibility for the use of the Services outside these terms.

The Services provided is recommended for research, informational and educational use only. It is solely provided to you for your consideration. We do not claim to provide medical advice or diagnosis by providing Services. The Services and our recommendation must always be interpreted in combination with relevant clinical information and dietary or lifestyle changes must be made in consultation with a relevant dietician or nutritional or healthcare expert.

The Services have not been clinically validated. The technology used by Imagene Labs, which is also used by the research community, has not been used for clinical testing. The Services are not to be used by the user as diagnostic tools and should not be a substitute for professional medical advice. You should always seek the advice from your physician or health care provider regarding any questions that you have regarding diagnosis, cure, or prevention of any disease or condition.

Mindful Genomics does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on our website. If we provide you with recommendations that might work for you based on your information and scientific research, this information should be seen as intended for informational purposes only or for discussion with your physician or health care provider.

Due to the limited amount of information that can be practically obtained about you and the nature of the Services, your reliance on information provided by Mindful Genomics, Imagene Labs, partners and affiliates is at your own risk.

Mindful Genomics has the right to modify or discontinue the Services at any time with or without any prior notice. You understand and accept you may have to pay additional fees to have your information collected and analysed using additional technologies or features.

1.2 Testing limitations

Imagene Labs’ laboratory may not be able to process your biological sample if it does not contain enough human DNA material, or the results from the laboratory process do not meet our standards for accuracy. Despite established standards for the processing of DNA samples, a small fraction of data generated during the laboratory process may not be interpretable or may be incorrect. In these cases, Imagene Labs shall make one more attempt to process the same DNA sample in the laboratory without any additional charges to the user.

1.3 Your Representations

You understand that the information you obtain from Mindful Genomics is not designed to diagnose, prevent, or treat any conditions or to discover the state of your health without clinical and medical information.

You understand that the Mindful Genomics Services are only for research, informational, and educational purposes and that while information provided by Mindful Genomics might suggest a propensity towards a particular illness or health condition, or point to a possible diagnosis or treatment, it should always be confirmed and assessed by clinical and medical information and testing.

You give permission to Mindful Genomics, its contractors, successors and assignees to perform services on the information extracted from the DNA sample you provide. You also give permission to Mindful Genomics to disclose your analysis results to you and to Mindful Genomics’ partners and affiliates, if consented.

You confirm that you are above the age of consent in the jurisdiction you reside.

You guarantee that the sample you provide is coming from you; and if you are agreeing to these terms and conditions on behalf of someone else from whom you have legal authorization, you guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf.

You acknowledge that any DNA sample that you provide and its resulting information can be transferred and/or processed outside the country where you live.

You guarantee that you do not represent an insurance company or forensic organization and are not trying to obtain information about any person you are not legally authorised to represent.

You are responsible for all of the consequences resulting from sharing your information with others.

You acknowledge that all of your information will be kept in Mindful Genomics’ databases and will be processed as stated by the Mindful Genomics’ Privacy Statement.

You acknowledge that by providing a DNA sample, having your sample and information analysed, accessing your information, or providing information about yourself, you do not have any proprietary or other intellectual property rights in any research outcome by virtue of your provision of sample and information. You understand that you will not benefit in any way from research or from products resulting from your Information.

You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these terms in any manner, Mindful Genomics has the right to terminate your account and refuse the future use of Mindful Genomics Services and you will indemnify and hold harmless Mindful Genomics and its affiliates against any liability or damages that may arise in case these contracts are broken.

You understand that your information that you share with anyone can be used against your best interests. Thus you have exercised caution when sharing your information.

1.4 Your Account

In return for your use of Mindful Genomics’ Services, you agree to: (a) provide accurate and current Registration Information about yourself as requested by the Services; and (b) maintain and update your Registration Information to keep it accurate and current.

You are responsible for maintaining the confidentiality of your password and account. If you allow others to access Mindful Genomics’ website through your account and password, you will indemnify Mindful Genomics and its affiliates against any liability or costs arising from such actions.

MINDFUL GENOMICS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.

1.5 Your Responsibilities and Liabilities

You are responsible for the consequences of any violation of your obligations under these terms and conditions, including any damage that Mindful Genomics might suffer. Any violation would give Mindful Genomics the right to suspend or terminate your account and refuse any future Services. You will indemnify Mindful Genomics and its affiliates, partners, officers and employees against any costs or damages that might arise from your violations of these terms and conditions.

If you want to provide your genetic and/or self-reported information to third parties, you agree to indemnify Mindful Genomics, its employees, contractors, successors, and assigns from any liability resulting from such disclosure of your genetic and/or self-reported information.

1.6 No resale

You agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Services, the use of the Services or access to the Services for any commercial purposes.

1.7 Termination

Account closure: If you wish to terminate your agreement with Mindful Genomics, you can do so by closing your accounts from all of the Services that are provided to you in writing. Upon receiving your written notice to terminate, Mindful Genomics will send you an email to confirm this notice and this termination will be effective after receiving a second email confirmation from you.

Mindful Genomics can terminate its agreement with you at any time, as well as revoke your password and terminate your account if:

  • you violate any provision of the terms and conditions or act in a way that shows you cannot comply with the provisions of the Terms Of Service;

  • Mindful Genomics is required to do so by law;

  • one of the partners that offered the Services terminates its relationship with Mindful Genomics or stops offering the Services to you;

  • Mindful Genomics no longer plans to provide Services to users in your country of residence or where you use the Services; or

  • the Service provided to you by Mindful Genomics is, in Mindful Genomics’ opinion, no longer commercially viable.

 

Any suspected illegal activity can be grounds for terminating your Service use and can be referred to the appropriate law enforcement authorities. You understand that Mindful Genomics will not be liable to you or any third party for terminating Service use.

Genetic data deletion: You are in control of your genetic data. If you wish to delete your genetic data, you may do so by informing Mindful Genomics in writing. Upon confirmation of your request, Mindful Genomics shall delete your genetic data from our data storage systems within 90 calendar days. If you have agreed to the Informed Consent For Research, your genetic data will not be removed from on-going or completed research projects, but will not be used in any new research projects.

DNA sample destruction: You may request for your DNA sample(s) to be destroyed by informing Mindful Genomics in writing. Upon confirmation of your request, Mindful Genomics shall destroy your DNA samples within 90 calendar days.

Please note: If you choose to delete your genetic data and/or destroy your DNA sample, Mindful Genomics will not send you any future information or updates on your genetic reports.

1.8 Survival of Terms

A termination of the Service or a user account will not affect any existing obligations of the user to Mindful Genomics, nor will it affect any rights or remedies of the parties that have accrued up to the termination.

1.9 Interactions between Mindful Genomics’ Customers and Mindful Genomics’ business partners

Your correspondence or business dealings through promotions, vendors, and other resources found on the Mindful Genomics Service – including payment and shipping of goods and services and any other terms and conditions associated with such dealings – are exclusively between you and the such providers. You agree that Mindful Genomics cannot be held responsible or liable for any loss or damage resulted from these dealings or as a result of the information provided on the Services.

1.10 WARRANTY DISCLAIMER

YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:

  • YOUR SERVICE USE IS VOLUNTARY AND AT YOUR OWN RISK. THE SERVICES PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Mindful Genomics EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABILITY WARRANTIES.

Mindful Genomics MAKES NO WARRANTY THAT

  • THE SERVICES WILL MEET YOUR REQUIREMENTS;

  • THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE;

  • THE QUALITY OF THE PRODUCTS, INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICES AND ANY OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET ALL OF YOUR EXPECTATIONS

  • ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULT FROM DATA DOWNLOAD.

 

1.11 LIABILITY LIMITATION

WITHIN THE LIMITS ALLOWED BY LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT Mindful Genomics SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER LOSSES (EVEN IF Mindful Genomics HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM:

  • THE USE OR INABILITY TO USE THE SERVICES;

  • ANY ACTION TAKEN BASED ON INFORMATION RECEIVED FROM THE SERVICES OR THROUGH THEM;

  • YOUR FAILURE TO KEEP YOUR ACCOUNT AND PASSWORDS CONFIDENTIAL AND SECURE;

  • THE COST OF PROCUREMENT RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES BOUGHT OR OBTAINED OR MESSAGES RECEIVED THROUGH OR FORM OUR SERVICES;

  • PROHIBITED ACCESS TO DATA OR ALTERATION OF YOUR DATA TRANSMISSIONS;

  • IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING TO HAVE REQUISITE AUTHORITY; OR

  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

 

1.12 MISCELLANEOUS

Entire Agreement: This terms and conditions represents the entire agreement between you and Mindful Genomics. It governs your Service uses and replaces any prior agreements made between you and Mindful Genomics or it’s representatives, partners, affiliates, agents, sub-contractors on this matter. You may also be subject to additional terms and conditions that may apply when you use the Services, content or software.


Applicable Law and Arbitration: Except regarding disputes relating to intellectual property rights, obligations, or claims, disputes with Mindful Genomics arising from Agreement (“Disputes”) will be governed by the laws of Singapore regardless of your country of origin or where you access Mindful Genomics. Any Disputes shall be resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre.

Failure from Mindful Genomics to enforce any right or provision from these terms and conditions should not constitute a waiver of such right or provision. If any provision is found to be invalid, the other provisions shall remain in full force and effect.

Any claim or cause of action from or related to the Services or these terms and conditions must be filed within one (1) year after the claim or the cause of action is made.

If any provision in these terms and conditions is found to be null, void, voidable or unenforceable, the portion that remains is in full force and effect.

We hold the right to modify or replace these terms and conditions, which are effective as they are posted on Mindful Genomics’ website. If you disagree with any changes, you may terminate this Agreement at any time

You shall not assign any rights or obligations under this Agreement.

We can assign or delegate all rights and obligations under the Agreement without notice to you.

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