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DNA Diagnostics Center dba “HomePaternity™” Privacy Policy

Updated November 27, 2023

At DDC, we respect and protect the privacy of our customers and those who use our websites, products and services. DNA Diagnostics Center, Inc., (“DDC” or “we” or “us”) is committed to protecting your privacy. We prepared this privacy policy (the “Privacy Policy”) to describe our practices regarding the information we collect from users of our websites that link to this policy, and use of our related services, including without limitation our testing services and web applications.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR VIEWS AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY SUBMITTING INFORMATION THROUGH OUR WEBSITE OR USING OUR SERVICES, YOU ARE EXPRESSLY ACCEPTING AND CONSENTING TO THE PROCESSING DESCRIBED IN THIS PRIVACY POLICY.

1. TYPES OF INFORMATION WE COLLECT

1.1 Information You Provide Us Directly. We may collect information related to you, including, but not limited to your username, first and last name, e-mail, password, phone number, and mailing address, credit card information, when you create an account to log in to our network or at other times. If you provide us with feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, to send you a reply, and any information that you submit to us, such as a resume. For customers who engage us for our testing services, we may also collect basic information to perform the applicable service and/or test. This information may include but is not limited to date of birth, gender, blood transfusion and bone marrow transplant history, height and weight. This information is used to provide accurate and complete testing results applicable to the test requested by the client. We may also collect information that is necessary for our legitimate interests, which will be disclosed to you at the time of collection. DDC will use this information for the purposes of which it was collected.

1.2 Digital Information and Cookies. We value your privacy and want to ensure a transparent online experience. Our website uses cookies to enhance your browsing experience and provide you with personalized content and services. Cookies are small text files stored on your device that help us collect information about your usage of our website. This data may include your IP address, browser type, device information, and browsing patterns. We use this information to improve our website, tailor content to your preferences, and analyze user trends. You can find detailed information about how we use cookies in our Cookie Policy. To use our website, you must consent or block the use of cookies as described in our Cookie Policy. Please read the entire Privacy Policy for a comprehensive understanding of how we handle your digital information and safeguard your privacy.

1.3 International Data Transfers. DDC complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. DDC has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. DDC has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. Our DPF Policy is provided in the Appendix of this document.

2. USE OF YOUR DATA

2.1 General Use. In general, information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. DDC uses your information to facilitate the creation of and secure your account on our network; identify you as a user in our system; provide improved administration of our website and services; improve the quality of experience when you interact with our website and services; send you administrative e-mail notifications; respond to your inquiries related to employment opportunities or other requests; to enhance our website for optimal user experience; to monitor the usage and performance of our website and services; to facilitate transactions and process payments; to provide maintenance, support, and customer service for our site; to conduct research and analysis; and to fulfil other legitimate purposes permitted by applicable law.

2.2 Use of your Testing Information. We will only use your Testing Information in order to provide you the services you have requested, process your order, and respond to any order or billing related questions.

2.3 Creation of Anonymous Data. We may create anonymous data records from information (including without limitation, Testing Information) by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our services and improve site navigation. DDC reserves the right to use anonymous data for any purpose in its discretion.

2.4 Feedback. If you provide feedback on any of our services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your information. DDC will collect any information contained in such communication and will treat the information in such communication in accordance with this Privacy Policy and our Terms of Use.

3. DISCLOSURE OF YOUR INFORMATION

3.1 Affiliates. We may share some or all your information with our parent company, any subsidiary, or any other company under common control (collectively, “Affiliates”), including for marketing purposes. If we do share your information, we will require our Affiliates to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the information collected by it and us and will assume the rights and obligations regarding your information collected by us as described in this Privacy Policy.

3.2 Services Providers. We may share your information with agents to the extent necessary for them to provide their products and services to us, or to provide you with the products and services that you have requested. For example, if you engage us for testing services through a local laboratory, the laboratory is acting as our agent. Other examples include, database storage, file storage and file destruction, hosting services, marketing assistance, analyzing user data, processing payment card information, and for other legitimate purposes permitted by applicable law.

3.3 Business Partners. We may partner with other companies and individuals with respect to particular products or services. These third parties may be provided access to your information needed to perform their function. To restrict sharing of information with these third parties for their marketing purposes, please see the section below titles “Your Choices and Rights Regarding Your Information.”

3.4 Other Disclosures. Regardless of any choices you make regarding your information (as described below), DDC, may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on DDC; (b) protect or defend the rights or property of DDC, or users of our services; (c) to protect against fraud or for risk management purposes; or (d) or to honor a request that you have made to DDC.

4. THIRD PARTY WEBSITES

We may link to third party websites. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or framed websites, or to any collection of data after you click on links to such outside websites.

5. YOUR CHOICES REGARDING YOUR INFORMATION

5.1 Choices. We offer you choices regarding the collection, use, and sharing of your information. We will periodically send you free newsletters and e-mails that directly promote the use of our website or services and may contain advertisements for third party companies or our Affiliates. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly at [email protected]. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions there under, or notices of any updates to our Terms of Use or Privacy Policy.

5.2 Withdrawal of Consent. You have the right to withdraw your consent to processing that is currently underway with your consent. Consent can be withdrawn by sending an email. Without your consent, DDC will use information, only insofar as such processing is permitted by applicable law (e.g., for the performance of an Agreement between DDC and you) or where such processing is necessary for compliance with a legal obligation to which DDC is subject.

5.3 Accessing, deleting and updating your information. At your request, we will inform you of what personal information we have on file. In accordance with applicable data protection laws, you may have the right to request: access to, rectification, and erasure of your personal information; restriction of processing of personal information; objecting to certain processing of personal information; and the right to data portability. To exercise your rights under these provisions, please contact us at the “Contact Information” details below. When we receive your requests, we will ask you to verify your identity before we can act on your request. We may withhold information where the search for that information would require disproportionate effort or have a disproportionate effect to, for example, the cost of providing the information, the time it would take to retrieve the data, or how difficult it may be to obtain the information requested. Please note that we may be required (by law, accrediting bodies, or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Please be advised that by deleting your personal information, it will limit or eliminate our ability to provide future communication or explanation regarding any products or services, test results or other offerings in connection with DNA Diagnostics Center. Please be further advised that after your personal information is deleted, residual copies may take a period of time before they are deleted from all latent and backup systems.

6. RETENTION OF DATA

The data you provide to us may be necessary to carry out tasks prior to testing, such as verifying identity or payment details when signing in to use an account. We retain the required data based on testing regulatory requirements and other standards, such as meeting our financial obligations and to carry out our responsibilities and enforce our rights arising from service agreements entered into between you and us. The following summarizes the data retention timeframes based on two main categories of testing.

Legal/Chain of Custody/Accredited Tests-We store your samples for a minimum of six months or according to contractual and legal requirements, if longer. All accompanying data and records associated with these tests are maintained as required by accrediting bodies, which is a minimum of five years or longer in some instances as required by law. The New York Department of Health requires all testing records be maintained for a period of 7 years. All such accompanying data will be destroyed following the minimum timeframes at intervals annually thereafter.

Non-Legal/Non-Chain of Custody Tests-We store your samples for a period of 6-8 weeks or according to contractual and legal requirements if longer. All accompanying data and records associated with these tests are maintained for a minimum period of one year and will be destroyed at intervals annually thereafter.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent: this information will not be shared with third parties.

7. SECURITY OF YOUR INFORMATION

We are committed to protecting the security of your information. We use a variety of reasonable security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. Access to your personal information is limited and we take reasonable measures to ensure that your personal information is not accessible.

8. DISPUTE RESOLUTION

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, DDC commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact DDC at:
1 DDC WAY
FAIRFIELD OH 45014
1-800-362-2368
[email protected]

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, DDC commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

9. A NOTE TO USERS OUTSIDE OF THE UNITED STATES

DDC is based, and this website is hosted, in the United States of America. If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide information to DDC, please note that any information that you provide to DDC may be transferred to the United States of America. By providing your information, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any terms and conditions related to the use of and access to the website and our Services as described in this Privacy Policy.

10. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website or on our service. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our site or on our service. These changes will be effective immediately for new users of our website or services. Please note, that at all times, you are responsible for updating your information to provide us with your most current email address. In any event, changes to this Privacy Policy may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our website, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11. CONTACT INFORMATION

We welcome your comments or questions regarding this Privacy Policy. Please email us at [email protected] or contact us at the following address or phone number:
1 DDC WAY
FAIRFIELD OH 45014
1-800-362-2368

If DDC needs, or is required, to contact you concerning any event that involves information about you, we may do so by email, telephone, or mail.

Revised November 27, 2023

APPENDIX

EU-U.S. Data Privacy Framework (DPF) Policy

Updated November 27, 2023

Compliance & Principles

This EU-U.S. Data Privacy Framework Policy (“Policy”) outlines how DDC and its subsidiaries, branches, divisions, and business units in the United States, collect, use and disclose certain Personal Data that we receive in the United States from the European Economic Area (“EEA”), and the choices affected individuals have regarding DDC’s use of, and the individual’s ability to correct that information. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Protecting the privacy of its clients is important to DDC. DDC has elected to participate in the EU-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce regarding Personal Data transferred to the United States from European Economic Area member states. DDC has certified that it adheres to the EU-U.S. Data Privacy Framework Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.

For the purposes of enforcing the EU-U.S. Data Privacy Framework, DDC is subject to the investigatory and enforcement powers of the Federal Trade Commission (“FTC”).

This Policy is intended to supplement our DNA Diagnostics Center Privacy Policy. In the event of any inconsistency, the terms of this Policy will govern.

Definitions

The following definitions apply throughout this Policy:

Agent

Any third party that uses Personal Data provided to DDC to perform tasks on behalf of and under the instruction of DDC.

DDC

DNA Diagnostics Center, its subsidiaries, branches, divisions, and business units in the United States.

Personal Data

Any information or set of information that identifies a living individual or could reasonably be used to identify a living individual (in each case, whether alone or in combination with any other information in the possession, or likely to come into the possession of DDC).

Sensitive Personal Data

Personal Data that reveals racial or ethnic origin, political opinions, religious beliefs (or beliefs of a similar nature), trade union membership, physical or mental health or condition, sexual life, the commission or alleged commission of any offense or any proceedings for any offense committed or alleged to have been committed. In addition, DDC will treat as Sensitive Personal Data genetic data and any information received from a third party where that third party treats and identifies such information as sensitive.

Legitimate Interests

Legitimate interests refer to a legal basis for processing personal data that is recognized under data protection regulations, such as the General Data Protection Regulation (GDPR) in the European Union. It allows organizations to collect and use personal information without explicit consent if they have a legitimate and justifiable reason for doing so, and if the individual’s interests, rights, and freedoms are not overridden by these interests.

Privacy Principles

Notice

When DDC collects Personal Data directly from individuals in the EEA, it will inform them about the purposes for which it collects their Personal Data and the choices and means, if any, that DDC offers individuals for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to DDC, or as soon as practicable thereafter, and in any event before DDC uses or discloses the information for a purpose other than that for which it was originally collected. The DNA Diagnostics Center Privacy Policy describes the categories of Personal Data that we may receive in the United States under the DPF as well as the purposes for which we use such Personal Data. If DDC receives Personal Data from its subsidiaries, affiliates, or other entities in the EEA, it will use such information in accordance with the notices such entities provided, and the consents or choices made by the individual about whom such Personal Data relates.

Choice

DDC will offer individuals the opportunity to choose (“opt-out”) whether their Personal Data is (a) to be disclosed to a non-Agent third party (unless allowed or required by contract), or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For Sensitive Personal Data, DDC will give individuals the opportunity to affirmatively and explicitly consent (“opt-in”) to the disclosure of the information to a non-Agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

Accountability for Onward Transfer

We may transfer Personal Data to our third-party Agents or business partners as described in the DNA Diagnostics Center Privacy Policy. Where required by the DPF, DDC will obtain assurances and enter into contracts with its Agents or business partners, stating they will safeguard Personal Data consistently with the Principles and limiting their use of the data to the specified services provided on our behalf. If DDC has knowledge that an Agent or business partner is using or disclosing Personal Data in a manner contrary to this Policy, DDC will take reasonable steps to prevent or stop the use or disclosure. Under certain circumstances, DDC may remain liable under the Principles if the third-party Agents that it engages to process Personal Data on its behalf do so in a manner inconsistent with the Principles.

Access

Upon request, DDC will grant individuals reasonable access to Personal Data that it holds about them. In addition, DDC will take reasonable steps to permit individuals to correct, amend or delete that information where it is inaccurate, incomplete or has been processed in violation of the Principles. These access rights may not apply fully in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access.

If you would like to request access to, correction, amendment or deletion of your Personal Data, you can submit a written request to the contact information provided below or email [email protected]. We may request specific information from you to confirm your identity. We will provide a copy of your personal data, but for any further data requested we may charge a reasonable fee based upon administrative costs.

Recourse, Enforcement and Liability

DDC may conduct internal compliance reviews of its relevant privacy practices to verify adherence to this Policy. Any employee that DDC determines is in violation of this Policy will be subject to disciplinary action up to and including termination of employment.

Any questions or concerns regarding the use or disclosure of Personal Data should be directed to the DDC Privacy Department at the address given below or email [email protected]. DDC will investigate and attempt to resolve complaints and disputes regarding the use and disclosure of Personal Data in accordance with the Principles contained in this Policy.

For complaints that cannot be resolved between DDC and the complainant, DDC has agreed to participate in dispute resolution using JAMS International (located in the United States) as a third-party resolution provider to resolve disputes pursuant to the DPF Principles. You may submit, at no charge to you, your complaint to JAMS for mediation under the JAMS International Mediation Rules, which are accessible on the JAMS website.

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with DDC and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see the U.S. Department of Commerce’s DPF (Binding Arbitration).

Limitation on Application of Principles

Adherence by DDC to these DPF Principles may be limited (a) to the extent necessary to meet national security, public interest, or law enforcement requirements; (b) by statute, government regulation, or case law that creates conflicting obligations or explicit authorizations, provided that, in exercising any such authorization, an organization can demonstrate that its non-compliance with the Principles is limited to the extent necessary to meet the overriding legitimate interests furthered by such authorization; or (c) if the effect of the Directive or Member State law is to allow exceptions or derogations, provided such exceptions or derogations are applied in comparable contexts. Consistent with the goal of enhancing privacy protection, DDC strives to implement these Principles fully and transparently, including indicating in our privacy policies where exceptions to the Principles permitted by (b) above will apply on a regular basis. For the same reason, where the option is allowable under the Principles and/or U.S. law, DDC will opt for the higher protection where possible.

Contact Information

Questions or comments regarding this policy should be submitted to:
DDC
Attn: Privacy Department—Data Privacy Framework
1 DDC Way
Fairfield, OH 45014
[email protected]
1-800-362-2368

Changes to this Policy

This Policy may be amended from time to time, consistent with the requirements of the DPF Principles. DDC will post appropriate notice about such changes and amendments, including by updating the effective date at the top of this Policy.

Cookie Policy

Updated October 31, 2023

1. Controller information

The controller of any of your information obtained through the use of first-party cookies on this website is DNA Diagnostics Center (referred hereinafter as “DDC” or “we”), the owner of the website you are visiting (please browse to the “contact section” for details).

This Cookie Notice sets out the basis on which all data that DDC collects on you through tracking technologies like cookies, web beacons or pixels, will be processed by DDC and provides you with information about these tracking technologies and especially about cookies. This information is intended to give you a better understanding of what cookies are and the role they play in your visit to our website.

If you have any questions regarding this Cookie Notice, if you want to submit a request in relation to your personal information, please contact us at [email protected].

2. Which information does DDC collect about me?

DDC may obtain information about you when you use this website. The information we collect about you includes:

  • your identity (such as Internet Protocol Address);
  • device event information such as browser type, browser language, the date and time of your request and referral URL;
  • your preferences such as language settings, website notifications, or alerts;
  • your location;
  • what content you view or pages you visit;
  • search enquiries you make using our site search.
3. How does DDC collect information about me?
Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Analytics Cookies

Analytics Cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

3.1 How to control cookies?

You can control and/or delete cookies as you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

For more general information about cookies, web beacons, pixels or other similar technologies and how to disable them through your browser, visit https://cookiepedia.co.uk/all-about-cookies.

You can easily accept or reject each of the cookies, web beacons or pixels on this site by adjusting your preferences on the relevant link provided on each of DDC’s webpages titled Cookie Preferences.

3.2 We collect information about you via parameter tracking

We also use Scripts and components (such e.g. JavaScript code) used to generate Web pages and to automate computer processes. You can disable the Scripts, such as JavaScript, through your browser (see your browser’s settings).
We may also use ETag, which is an HTTP protocol header field mainly used to validate web caches and allow more efficient browsing. It has also been used for cookie-like purposes.

3.3 We collect information about you via third parties

We use Google Analytics’ 3rd-party audience data such as age, gender and interests to work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on other websites because we may contract with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.

You may opt in for or opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/ and edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/. Because those opt-out and preference control pages are specific to the individual browser used to visit it, and because that page is not operated by DDC, we are unable to perform the opt-ins or opt-outs on your behalf.

4. Which processing ground(s) do you rely upon for processing my personal information?

In order to use cookies and process your data collected through the use of cookies, we rely on your consent. You can withdraw your consent in full or in parts at any time by adjusting your preferences on the relevant link provided on each of DDC webpages titled Cookie Preferences.

5. Who will my personal information be transferred to?

Your personal data might be transferred to any DDC affiliates. These affiliates operate internationally and may be outside the European Union or United States. We do not sell or otherwise disclose personal information about our website visitors to third parties except as described below.

  • to trusted businesses or persons to process your personal information for us, based on our instructions and in compliance with applicable data privacy regulations;
  • to service providers we have retained to perform services on our behalf;
  • to companies, organizations or individuals outside of DDC if we have a good reason to believe that access, use, preservation or disclosure of the information is reasonably necessary to:
    • execute and enforce contractual terms;
    • meet any applicable law, regulation, legal process or enforceable governmental request;
    • detect, prevent, or otherwise address fraud, security or technical issues;
    • protect against harm to the rights, property or safety of DDC, our users or the public as required or permitted by law;
  • to regulatory or law enforcement agencies if we believe in good faith that we are required by law to disclose it in connection with the detection of crime, the collection of taxes or duties, in order to comply with any applicable law or order of a court of competent jurisdiction, or in connection with legal proceedings;
  • to third parties as part of a merger, acquisition or bankruptcy, in the event we sell or transfer all or a portion of our business or assets (including through bankruptcy).
6. Which rights do I have over my personal data?

You have the right to ask for:

  • accessing your data;
  • rectifying your data;
  • restricting the processing of your data;
  • withdrawing your consent at any time as explained above;
  • erasing your data

You may submit relevant request in this respect through our dedicated contact point mentioned in this Cookie Notice. You also have the right to complain to the relevant national data protection authority in case these rights are not complied with. For EU visitors, an overview of the national data protection authorities is available at the following link: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080

7. Links to other sites

We provide links to other websites for your convenience and information. If you follow such links, this Cookie Notice will no longer apply. These websites may have their own privacy notice or policies in place, which we recommend you review if you visit any linked websites. We are not responsible for the content of linked websites or their use.

8. Changes to this Cookie Notice

We recognize that transparency is an ongoing responsibility so we will keep this Cookie Notice under regular review. We will always update this Cookie Notice on our website, so please read or print it when you visit the website (the revision date can be found on the top of this Cookie Notice).

9. Contact

We welcome your comments or questions regarding this Cookie Policy. Please e-mail us at [email protected] or contact us at:

DNA Diagnostics Center
1 DDC WAY
Fairfield, OH 45014
1-800-362-2368

Terms and Conditions

Effective Date: September 11, 2020

Please read these terms and conditions carefully. They contain important information about your rights and obligations and constitute a binding legal agreement between you and DNA Diagnostics Center and its affiliate companies (“Company,” “we,” “us” or “our”) regarding your use of the Service and Site.

1. Binding Arbitration.

THESE CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST COMPANY TO BINDING, CONFIDENTIAL AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please review Section 19, below for the details regarding your agreement to arbitrate any disputes with us.

2. Cautions.

A number of factors can impact the accuracy of the Service and test results, including without limitation, your ability to provide sufficient and uncontaminated biological samples as required by the instructions in the Kits. YOU AGREE WE ARE NOT LIABLE FOR ANY TESTING OR OTHER SERVICE ERRORS CAUSED BY YOU OR YOUR FAILURE TO PROVIDE SAMPLES STRICTLY IN ACCORDANCE WITH KIT INSTRUCTIONS. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, ACCURATE, RELIABLE OR THAT THE SERVICE WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT) Or THAT THE results OF THE SERVICE will be accepted by a particular entity.

3. Medical Advice Disclaimer.

THE SERVICE AND THE SITE DO NOT PROVIDE MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, 911 OR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOU USE THE SERVICE AND THE SITE AND ANY INFORMATION PRODUCED BY THE SERVICE AND THE SITE AT YOUR OWN RISK. WE DO NOT OFFER MEDICAL ADVICE, DIAGNOSES OR OTHER RECOMMENDATION FOR TREATMENT, OR ENGAGE IN THE PRACTICE OF MEDICINE. THE CONTENT AND OTHER MATERIALS CREATED BY THE COMPANY OR OTHERWISE CONTAINED IN THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO BE PROVIDED ARE DECISIONS THAT SHOULD BE MADE ONLY BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING ANY ACTUAL OR POTENTIAL MEDICAL CONDITION OR SYMPTOMS YOU ARE EXPERIENCING.

4. Certain Definitions. Capitalized terms not defined where they first appear have the following meanings:

(a) “Conditions” means these terms and conditions.

(b) “Contract” means any order submitted for the supply of the Services by the Company to you.

(c) “Kits” means sampling kits sent to you on receipt of your order or otherwise purchased by you.

(d) “Request Form” means the pro forma service order form relating to the Service and as provided by the Company via our website at homepaternity.com

(e) “Service” means the various testing services provided by the Company, including, but not limited to: paternity, DNA relationship and fertility testing, DNA-testing services for individuals relating to ancestry, weight management, skin care purposes, and to help determine your sensitivity to certain foods and pets, DNA testing for animals and all related services including the results thereof.

(f) “Site” means homepaternity.com and any other websites and online applications operated by the Company that link to or incorporate these Conditions.

(g) “You” means the person ordering the Service and/or using the Site.

5. Conditions of Sale

(a) These Conditions shall apply to all contents and information available within the Site and all Contracts to the exclusion of all other terms and conditions including any terms and conditions which you may purport to apply under any purchase order confirmation or Request Form or similar document.

(b) If you order the Service from the Site by filling in the registration form and clicking the “Submit” button or through a representative, you shall be legally bound to have made an offer to purchase the Service pursuant to these Conditions.

(c) All sales made by the Company are made on these Conditions. No variation of these Conditions will be binding on the Company unless confirmed in writing by a director of the Company. The Effective Date of these Conditions is set forth at the top of this webpage. The Company may from time to time alter these Conditions at its discretion. Any changes will be posted on the Site. We encourage you to return to the Site frequently so that you are aware of our current Conditions. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. The changed Conditions supersede all previous versions.

(d) You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.

(e) Features and specifications of the Service we provide described or depicted on the Site are subject to change at any time without notice.

(f) These Conditions do not affect your statutory rights as a consumer.

6. License

The Company grants you a limited license to access and make personal use of the Site subject to these Conditions. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of the Company.

7. Prices, Payment and Delivery

(a) The charges payable by you to the Company for the Service are those set out in the current relevant price list(s) supplied by the Company to you as published on the Site or as quoted in writing by the Company to you. The Site or other Company publications concerning the Service may include inaccuracies or typographical errors. The Company is not responsible for any pricing, typographical, or other errors on the Site or in such publications.

(b) The Company reserves the right to vary the prices for the Service between the date of the Contract and the performance of the Service in the event of and to the extent of any increase in the cost of labor or materials or any delay howsoever caused by any other variation in the costs to the Company of providing the Service. The Company shall notify you of any changes to the advertised price and you will have a right to proceed with or cancel the order within seven days of the notification.

(c) The Company must receive payment for the Service before acceptance of your order, which includes testing and issuing results. If you have opted in for online access, you will receive a ‘Transaction Summary’ or other confirmation which will include your case reference number and details of the Service. The Company’s acceptance of your order brings into existence a legally binding contract between you and the Company. The Company reserves the right not to supply you at its discretion. Unless other arrangements are made, all Services must be paid in full before the results of the test will be released to you.

(d) You are liable for all transaction taxes for purchases, including any applicable sales, use or value added taxes.

(e) You undertake that all details you provide the Company for the purpose of purchasing the Service are correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service.

(f) Payment will be processed by the Company’s third-party payment processor, using the preferred payment method you choose, or designate in your account. We may charge another stored payment method if your default payment card is declined or no longer available to us.

(g) Charges paid by you for completed and delivered orders are final. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion and in accordance with these Conditions.

8. Cancellation/Termination, Refunds & Charges Arising

(a) You, as the person who pays for the Service, have three business days (excluding Saturday and Sunday and U.S. Bank Holidays) from the date on which the Company accepts your order pursuant to clause 7(c), to cancel the Contract without cause or penalty, upon serving a written or emailed notice of cancellation upon the Company. However, a non-refundable deposit as well as any cancellation fees shall be retained if Kit(s) have been dispatched, appointment(s) have been scheduled, samples have been collected, or the test has been conducted.

(b) If you cancel the Contract in accordance with this Section 8, the purchase price for the Service will be returned to you as soon as practicably possible, and in any event the Company will use reasonable efforts to return the purchase price to you within 30 days of the Company’s receipt of your notice of cancellation.

(c) If the Kits are damaged on delivery the Company will, in its sole discretion replace or exchange any such Kits or refund you for the price paid for the Service.

(d) The Company reserves the right to cancel or refuse any order for any reason at any stage of the ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or payment issues.

(e) Any dates quoted by the Company to you for the provision of the Service are approximate and do not have any contractual effect, and shall not be treated as being of the essence of the Contract. The Company will not be liable to you for any loss or damage direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Service.

(f) In the unlikely event that the result of analysis for the Service you purchased is found to be in error, the Company may perform a further analysis for you free of charge or return your payment for the Service at our sole discretion.

9. Your Responsibilities

(a) By purchasing a Service, you agree to provide correct and accurate biological samples as required by the instructions in the Kits we provide to you. The ability to generate a test result is dependent upon obtaining a quality sample during the collection process, therefore collection instructions must be rigorously followed. You represent and warrant that any samples you provide through the Kits to Company are your samples; if you are agreeing to these Terms on behalf of a person for whom you have legal authorization, you represent and warrant that the samples provided will be the samples of that person. The information contained in the analysis is solely for use by the tested parties or designated representative.

(b) The Company strongly advises that you should obtain independent legal advice about your legal entitlement to take or obtain samples of biological material from persons other than yourself. You warrant that you are legally entitled to possession of the samples you have provided to the Company.

(c) You may not use the Services and may not accept these Conditions if you are not of legal age to form a binding contract with the Company, and/or you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

(d) You represent and warrant that you are not a person suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are therefore not incapable of understanding the nature and purpose of the Service you purchase.

(e) You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and the Service you purchase.

(f) You warrant that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.

(g) You acknowledge that some of the information you receive from the Service you purchase may be unwanted or unexpected, and may provoke strong emotion.

(h) You acknowledge and agree that you shall acquire no rights of any kind in any of the research or commercial products that may be developed by the Company or our collaborators due to your submittal of your samples. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your samples.

(i) You represent and warrant that you will not use the information obtained from the Service in whole, in part and/or in combination with any other database, for any discriminatory purpose or illegal activity.

10. Account Creation, Customer Account, Passwords and Security

(a) To view and download test results from the Service, you must create an account on the Site. In consideration of your use of the Site and Service, you agree to: (i) provide true, accurate, current, and complete registration information about yourself as prompted by the Site; and (ii) maintain and promptly update the registration information to keep it true, accurate, current, and complete. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if the Company has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service or the Site (or any portion thereof).

(b) You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your account holder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Conditions. The Company will not be liable for losses, damages, liability, expenses, and fees incurred by the Company or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

(c) After you have purchased a Service, you may receive your test results by email. You are responsible for maintaining the confidentiality of your test results. If you allow third parties to view your test results, you will defend, indemnify and hold harmless the Company against any liability, costs, or damages, including attorneys’ fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify the Company of any unauthorized use of your test results. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.

11. Privacy and Disclosure

Our use of any personally identifiable information you submit in connection with the Site or Service is subject to our Privacy Policy, which we encourage you to read prior to using the Site or Service.

12. Restrictions

(a) You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(b) You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local or international law or regulation;
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
  • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site; or
  • Otherwise attempt to interfere with the proper working of the Site.
13. User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, all materials, information or other communications you transmit, upload or post to the Site including any ideas, comments, suggestions, feedback, data or the like (“User Generated Content”) will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to the User Generated Content. Furthermore, you assign to the Company all intellectual property rights you have in any User Generated Content. By submitting the User Generated Content to Company, you agree Company is free to use the User Generated Content, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form.

14. Links to other web sites

The Site may contain links to third-party websites. Company does not control and is not responsible for the availability, content or accuracy of any pages or other sites linked to this website. The inclusion of any link to such websites does not imply endorsement by the Company of such websites. If you click on any links to third-party websites, you do so at your own risk. You agree that the Company will not be liable for any loss or damages you or any third party may suffer in connection with any third-party website.

15. General Disclaimer; Limitation of Liability

(a) WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SERVICE BE ERROR-FREE, ACCURATE, RELIABLE OR WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT). THE SITE AND THE SERVICE ARE PROVIDED BY The Company on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE OR THE SERVICE.

(b) The Company makes no guarantee that the test results will be accepted by a particular entity. If you wish to use the result of our analysis in any court proceedings then we recommend that you obtain independent legal advice.

(c) Except to the extent prohibited by applicable law, in no event will the Company nor any of its officers, directors, employees, agents or other representatives be liable for any direct, indirect, special, punitive, exemplary or consequential damages or losses of whatsoever kind ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING THE RESULTS PRODUCED BY SUCH SERVICE), ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.

(d) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR THE SERVICE IS TO STOP USING THE SITE AND/OR THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY SERVICE IS ONE HUNDRED AND FIFTY DOLLARS ($150.00) OR THE AMOUNT PAID FOR THE SERVICE, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

(e) ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

(f) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the company’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

16. Indemnification

You shall indemnify, defend and hold the Company, our suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against the Company arising out of or relating to: (a) your access to or use of the Site; (b) your violation of these Conditions; (c) the infringement by you, or any third party using your account, of any intellectual property, privacy or other right of any person or entity; (d) your use of the Service; (e) the samples you provide to the Company; or (f) your User Generated Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. Copyright and Monitoring

The contents of the Site, including all information, files, documents, text, photographs and images, are the property of the Company and our licensors, as applicable, and are protected by U.S. and international copyright laws and other intellectual property rights. The Company or its licensors own these rights. All product and company names and logos mentioned in the Site are the trademarks, service marks or trading names of their respective owners, including the Company. You may download material from the Site for the sole purpose of placing an order with the Company and you may download, save and print a copy of these Conditions. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Company’s web site including but not limited to text, graphics, code and/or software without the Company’s prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. All rights not expressly granted herein are reserved to us and our licensors.

18. Third Party Rights

No provision of these Conditions is intended, nor shall they be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any third party. Except for the Company’s affiliates, directors, employees or representatives, a person who is not a party to this Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party that exists or is available from that Act.

19. Agreement to Arbitrate

In consideration of and as a condition of your use of the Site and Services, you and the Company (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):

Applicability; Exclusions; Court and Jury Trial Waiver

The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final, confidential and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: (i) arising out of or relating to these Conditions; (ii) relating to the relationship between the parties; (iii) arising under any state, federal, or international law(s) of similar import; and (iv) all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Conditions but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against the Company but also against any and all of its subsidiaries and parents collectively, and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.

Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding

Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Conditions. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.

Selection and Authority of Arbitrator; Full Remedies Available; Enforceability

The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of these Conditions’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Conditions. The arbitrator shall apply the laws of the State of Ohio, without regard to its conflict of laws principles, to the covered dispute. If there are any ambiguities in these Conditions, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.

Class and Collective Action Waiver; No Consolidated or Joint Actions

The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.

Fees, Award

The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, the Company will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, the Company shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.

21. General

(a) These Conditions are made between the Company and you and shall not be assignable by you. The Company may assign these Conditions and sub-contract the performance of the Contract in whole or in part.

(b) The Company reserves the right to seek all remedies available at law and in equity for violations of these Conditions, including the right to remove your account and any contents generated by you on the Site, block your access to the Site and block IP addresses.

(c) These Conditions together with our Privacy Policy and any order form and payment method instructions constitute the whole agreement between you and the Company, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of these Conditions). You acknowledge that you have not entered into this Contract in reliance upon any warranty or representation made by the Company or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Conditions, our Privacy Policy and order form and payment method instructions.

(d) All notices shall be given to the Company via email at [email protected].

(e) The Company shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside of its control including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm or other event beyond the Company’s control.

(f) If any part of these Conditions is unenforceable (including any provision in which the Company excludes its liability to you) the enforceability of any other part of these Conditions will not be affected and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

(g) No waiver by the Company of any term or condition set forth in these Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. The Company’s failure to insist upon or enforce strict performance of any provision of these Conditions shall not be construed as a waiver of any right.

21. SMS Terms

DNA Diagnostics center AKA DDC offers our customers the option to engage in conversations after initial consultation by phone or by customer request. Message frequency varies. Message and data rates may apply. Text HELP to [833-243-6328] for assistance. Reply STOP to opt-out. Carriers are not liable for any delays or undelivered messages.

22. How to Contact Us

If you have any questions, comments or notices regarding these Conditions, please contact us:

By e-mail: [email protected]
By phone: 1-800-362-2368
By mail:
1 DDC WAY
FAIRFIELD OH 45014

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