PERSONAL DATA PROTECTION NOTICE

The Personal Data Protection Act 2010 (hereinafter referred to as the “Act”), which regulates the processing of personal data in commercial transactions, applies to Gene Express Sdn. Bhd., its parent company, affiliated, related and/or associated companies (hereinafter referred to as “GE”, “our”, “us” or “we”). For the purpose of this notice, the terms “personal data” and “processing” shall have the meaning prescribed in the Act.

1. This notice serves to inform you that from the information and saliva sample you have provided us in the Saliva Test & Analysis, purchase, registration and consent forms whether through conventional (e.g. face-to-face/ over the phone interview), electronic means or visit/use www.genexpress.com.my (“Websites”), your personal data is being processed by us or on GE’s behalf. This notice applies to all products and services offered by GE.

2. The personal data processed by us or on GE’s behalf may include: –

a.  personal details (name, age, gender, identity card number, date of birth, race, nationality);

b.  contact details (address, email address, contact number);

c. physical and/or health condition or problems (medical and health history, blood type, DNA, health and mental  condition);

d.  demographic information (age group, medical history, genetic characteristics, biologically identified personal information);

e.  payment details (bank name, credit/ debit card number, billing address); and/or

f.   any other personal data provided by you. 

3. We are processing the personal data, including any additional information you may subsequently provide, for the following purposes, which include but are not limited to the following:-

a. to contact you;

b. to process your requested products and/or services;

c. to administer and give effect to your commercial transaction;

d. to process any payments relevant to you;

e. to research, benchmarking and statistical analysis;

f. to generate DNA test result;

g. to communicate with you in relation to your DNA test result;

h. to recommend you suitable dietary supplements for your consideration;

i. to conduct our internal activities, panel testing;

j. to deliver of notices, products and/or services;

k. any subsequent commercial transaction in relation to any promotion, products and/or services; and/or

l. other purposes, directly or indirectly relating to any of the above and GE’s activities.

(hereinafter collectively referred to as the “Purposes”, or individually the “Purpose”).

 

4. The personal data may be used and/or disclosed by the following:-

a.  any related and/or associated companies of GE, including those incorporated in the future;

b. business partners and affiliates that provide related products or services in connection with our business;

c.  specialists and consultants of GE; and/or

d.  service providers for any of the Purposes or any other purpose for which the personal data was to be disclosed at the time of its collection related to any of the Purposes.

5. Further, the personal data may be transferred to locations outside Malaysia. Personal Data may also be disclosed or transferred as a result of any restructuring, sale or acquisition of any company within GE. You are responsible for ensuring that the information you provide us is true, accurate and up-to-date. You may access and request for correction of the personal data, to limit the processing of the personal data, or to contact us with any enquiries in respect of the personal data as follows, please contact:

PIC Personal Data Protection Officer

Telephone No. 012 221 3865

Fax No. —

E-mail address Pn.lau@geneexpress.com

  

We may refuse to comply with your request for access or correction to your personal data under the Act and if we refuse to comply with such request, we will inform you of our refusal with reason. 

6. GE, as Website owner has the discretion to update this notice at any time. We encourage you to frequently check this page for any changes to stay informed. You acknowledge and agree that this is your responsibility to review this notice periodically.

7. We do not sell, trade or rent your personal data to any third parties. We may share generic aggregated demographic information not linked to any personal identification information with our business partners and trusted affiliates for the purposes outlined above.

8. When you give us personal data or information about another person, you confirm that they have appointed you to act for them, to consent to the processing of their personal data and to receive on their behalf this Personal Data Protection Notice.

 

9. As a parent or legal guardian, please do not allow a minor (individual who is below the age of 18) under your care to submit Personal Data to us. In the event that such Personal Data is provided to us, you hereby consent to the processing of the minor’s Personal Data and personally accept and agree to be bound by this Personal Data Protection Notice and take responsibility for his or her actions

10. In the event of any inconsistency between the English, Bahasa Malaysia and Chinese versions of this notice, the English version shall prevail.

 

TERMS OF USE

By using and accessing the GE digital platform (“Website and Applications”), you are deemed to accept and agree to abide by the following Terms of Use.

Use of information

The information on the Website is intended for general use only. It is not intended as, nor is it capable of advising any specific diagnosis, treat or replacement/substitute qualified professionals’ medical opinions/advice. Always seek the advice of a qualified medical practitioner before acting, performing, using or adapting any information on the Website or any test results. We endeavour to keep the information on the Website up to date; however, we make no warranty as to the accuracy, reliability or suitability of information herein.

Your information will be accessed, processed and used in accordance with the relevant and applicable laws and regulations of the countries where your personal information is processed. By using the Website, you consent to such access, process and usage and you warrant that all data provided by you is true, accurate and up to-date.

 

Disclaimer of Warranties

All information on the Website is provided “as is” and “as available” basic. We expressly disclaim all Warranties of any kind, whether express or implied. We accept no liability and make no warranty that: (a) the Website and/or services will meet your requirements; (b) the Website or your requirements will be uninterrupted, unfailingly secure, error-free or timely; (c) the results that may be obtained from the use of the services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained through our Website/ services will meet your expectations; and (e) any error in the software will be corrected.

Any material downloaded or otherwise obtained through our Website or the use of the services is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

You should always use caution when giving out any personally indentifying information about yourself or those for whom you have legal authority. We specially disclaim all liability whatsoever for any loss or damage howsoever arising out of the use of Website/ services or reliance upon any of its content.

 

Liability

Within the limits allowed by applicable laws, we shall not be liable for direct, incidental, special, consequential or exemplary damages, including but not limited to any person for any damages, losses (such as loss of profits, business and data), goodwill, use, costs or expenses which may arise out of, or result from: (a) any use of, inability to use the Website or any services offered herein; (b) any action you take based on the information you received through or from the services; (c) your failure to keep your password or account details secure and confidential; (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorized access to or alteration of your transmissions or data; (f) the improper authorization for the services by someone claiming such authority; or (g) statement or conduct of any third party on the services.

 

Cookies

The Website may use “Cookies” to enhance your using experience. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you select to do so, do note that some parts of the Website may not function properly.

 

Indemnification

You agree to indemnify and keep us indemnified against all damages, costs, losses (includes loss of profits) and expenses whether direct or indirect, arising from or in connection with your unauthorized/ unlawful access to, or use of the Website, whether brought in tort, contract, equity or otherwise.

 

Intellectual Property Rights

All intellectual property rights in the Website, including copyright, the content and design of the Website, and the products and/or services detailed on the Website, are owned by us or used under license from third party owners. Any use of the Website or its contents, including copyright or storing it or them in whole or part, other than for your personal or non-commercial use is prohibited without our permission. You may not modify, distribute or re-post anything on the Website for any purpose whatsoever.

 

Modifications

We reserve the right to withdraw the services, revise, amend, alter or delete any information provided on the Website at any time without notice, but shall not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.