Terms of Service and Privacy Policy

Version 1.0 - Updated: 26 December 2019 - Keep time to read our T.O.S and privacy policy


Terms of Service and Privacy Policy

Together with its subsidiaries and other affiliates, BerryNodes LTD., a private limited company (“BerryNodes”), makes available the “Site” (websites including, without limitation, www.tipz.net and all sub-domains), “Software” (software and mobile applications), and “Services” (including, without limitation, uploading your genetic data and/or managing genetic data of your family or third party with permissions, genetic tools to analyze your data, ancestry and genetic health detection, and human DNA matching services, personal and family services) to help people to understand more effectively their/or other genetic data. Access to and use of BerryNodes existing Site, Software, and Services, as well as any future Sites, Software or Services provided by BerryNodes are governed by this Terms of Service and Privacy Policy.

We are committed to protecting and respecting your privacy, and for the purpose of the Data Protection Act 1998 (the Act), we are the data controller our contact information is on the end of our Terms of Service and Privacy Policy page before the consent to our Site and Services.

Information We Collect

1. Our Privacy Policy explains how we collect, use and share your data with your permission and how we may use your information for internal purposes, such as to improve our Site.

2. When you enter the Site, we collect your browser type and your IP address (a unique address that identifies your computer on the Internet). When you use our mobile Application, we collect your device type, your device ID, and your IP address. This information we collect automatically does not include personal information, when you are not login to our Services.

3. If we are under a duty to disclose or share your Genetic Data, personal information, and/or Genealogy Data in order to do so by law, or if such action is necessary to comply with state or federal laws or respond to a court order, subpoena, law enforcement or regulatory request, or search warrant.

4. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

5. We may share aggregated data with other researchers, entities, or companies. For example, we will mix your genomic information with a large number of genomes before sharing and only share the average allele frequencies with other researchers but not your email address or first name and last name.

6. Our Site and Services are not intended for children under 13 years of age. No one under age 13 may provide any Personal Data to the Site and our Services or the Company. We do not knowingly collect Personal Data from children under 13. If you are under 13, do not use or provide any information on the Websites or provide any Personal Data or other information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us: privacy@tipz.net.

7. If you connect your third party social media account to your account, we will never share your genomic data or survey data with any of the third party social media websites without your permissions.

Information you provide

1. Registration Data - Through the registration process, you will provide us with your first name, last name, alias (Username), your e-mail address. You will also provide us with your payment transaction information if you choose to pay for our Premium services.

2. Activity Data - When you use the Services, genetic data tools and all tools that are available to your account, you will submit information and content to your profile or family tree. We will also generate data about your use of our Services including your engagement in analytics and research activities on our Services, or your sending of messages and otherwise transmitting information to other users (“Activity Data”).

3. Product Research and Development - We may contact you to participate in product and services research activities. These may include surveys, interviews, and other types of feedback sessions. When you participate in these research activities, the information you provide will be used to test, improve, and develop our products and services. We will record the video, audio and text transcriptions of this feedback together with any additional contact information or genetic data that you provide and will retain this data for two years.

4. DNA samples and DNA upload - When you use our services you are able to upload DNA genetic data and DNA samples to our Site and Services.

You agree that the following DNA samples or genetic data is:4.1 Your personal DNA4.2 DNA of a person for whom you are a legal guardian4.3 DNA of a person who has granted you specific authorization to upload their DNA to Tipz.net4.4 DNA of a person known by you to be deceased and with permissions of the family

4.5 By using the Site, you agree that you will not upload genetic data and DNA samples that does not satisfy one of these categories. If you have previously uploaded genetic data and DNA samples that does not satisfy one of these categories, you hereby agree that you will remove it immediately.

Data subject rights and data retention

When you provided the wrong information before agreeing to our Terms of Service and our Privacy Policy on this page, you can request through our support or privacy@tipz.net to correct your information. And under EU data protection law, all processing of personal information is justified by a "condition" for processing. In the majority of cases, any processing will be justified on the basis that:

1. To request access to, or erasure of, the personal data we hold about you.

2. To request us to restrict the processing of the personal data we hold about you, except personal survey or research data when you agree to additional terms.

3. To object to us processing personal data relating to you and your uploaded genetic data and family tree data.

4. Where you have given us consent to process your personal data, you have the right to withdraw that consent at any time.

5. To export the personal data you have provided to BerryNodes in a format that can be transferred electronically to a third party.

6. To delete your account with BerryNodes by following the instructions available through the Service.

BerryNodes will retain your data until your account is deleted, after which point we will retain anonymous data collected through the Service, including Activity Data, which may be used by BerryNodes and shared with third parties in any manner. Information associated with family tree, research, including genetic matching, relatives or research results and your username and gender and age, will be collectively deleted from your account after five years have passed from the date you upload your genetic data or any kind information, but anonymized activity data, including your research or analytics results and Tools results, will be kept indefinitely by BerryNodes to improve our services or products and for research and analysis.

California privacy rights

California Civil Code Section 1798.83 entitles residents of the State of California to request from a business, with whom that resident has an established business relationship, certain information regarding the types of personal data the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you would like to request a copy of this information disclosure from BerryNodes, please contact us trought our contacts / support section or privacy@tipz.net

Code of Conduct

The following rules, policies, and disclaimers shall govern and/or apply to your use of our Services and tools or any kind of research and project. You agree, by using the Services, that:

1. You will not use our Services to create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, in violation of any law, or is inconsistent with community standards.

2. You will not restrict or inhibit any other user from using our Services (for example, by means of harassment, hacking, interfering, adversely affecting, or defacement)

3. You will not post, upload, or create any copyrighted material using the our Services unless you own the copyright in and to such material or received full permissions of the original owner.

4. You will not post, upload, or transmit any information or software that modifies or alters the Services in any way or that contains a virus, worm, trojan horse or other harmful, disruptive, or deleterious component

Consent to invite other family members or other users

If you choose to use our invite tool on our Site and in our Services to invite friends, colleagues and family members and dna relatives.

1. By submitting any email address as part of the invite other family members or other users feature of our Services, you must first make certain that you have obtained their consent to pass on their details to our Site and Services.

2. You will only send invitation to friends, colleagues and family members and dna relatives, and you will not send invitation to strangers.

3. We will only use this information for the purpose of sending the individual a family tree invitation or Site invitation and will not use the information we collect as a result of this process for marketing purposes.

Consent to receive email

For users located outside of the European Economic Area (EEA): Your registration to use the Site and/or Services constitutes your consent to receive email communications from BerryNodes, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.

For users located in the European Economic Area (EEA): We only send marketing communications to users located in the European Economic Area (EEA) with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within BerryNodes emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.

Consent linking to our site

You may link to our web pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog site or other website where such linking is permitted.

Third party websites and links

1. Our Services contain links to other sites operated by third parties. BerryNodes does not control such other sites and is not responsible for their content, their privacy policies, or their use of personal data, including any personal or financial information collected by our third party payment processor to process payments for in-app purchases. BerryNodes inclusion of such links does not imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Services. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

2. Please note that you may have cookies placed on your computer by third party websites that refer you to our Service. Although we do not share your personal data with these third party websites unless it is reasonably necessary to offer the Service, they may be able to link certain non-personally identifiable information we transfer to them with personal data they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, BerryNodes would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties’ privacy policies.

Liability for our Services

1. BerryNodes, and its subsidiaries and other affiliates, will not be responsible for lost of genetic data, personal data and mechanical failure, software malfunction, human error, or financial losses or indirect, special, consequential, exemplary, or punitive damages.

2. In all cases, BerryNodes, and its subsidiaries and other affiliates, will not be liable for any loss or damage that is caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on them, or on any website linked to them.

Indemnification

If you are using our Services or Site. You agree to indemnify, defend, and hold harmless and indemnify BerryNodes and its subsidiaries, affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Changes to This Policy

Any changes we may make to our Terms of Service and Privacy Policy in the future will be posted on this page and, where appropriate, notified to you on the Site.

Contact information and Data Protection Officer

Our company is committed to protecting and respecting your privacy, and for the purpose of the Data Protection Act 1998 (the Act), we are the data controller and here below you find our contact information and data officier contact information.

Company Name: BerryNodes LTD

Company Info: BerryNodes LTD. is a privated limited company

Company Number: 11407383

Registered office address: 20-22 Wenlock Road, London, England, N1 7GU, United Kingdom

Data Officer: V.Nizeyimana (privacy@tipz.net)

Mail:

Attn: Data Officer (BerryNodes LTD)

20-22 Wenlock Road, London, England, N1 7GU, United Kingdom