Privacy Policy

ADN À LA CARTE PRIVACY POLICY

Last update: December 12, 2023.

With the advent of new technologies, it is necessary to pay particular attention to the protection of privacy. That is why we, a company legally incorporated under the name "9478-6480 Québec Inc", doing business under the name "Adnà", whose head office is located at C.P 69, Succursale Rosemont (H1X 3B6), in the city of Montreal, in the province of Quebec, Canada (hereinafter referred to as "Adnà " or "we"), are seriously concerned about the privacy of you (hereinafter referred to as "you" or "User") and your personal data. 

This privacy policy (hereinafter the "Policy") describes : 

1. What data Adnà may collect and from whom
2. How we use and share your data and with whom
3. When we may or may not need your consent
4. What rights you have regarding your personal data and how to exercise them
5. How we secure your data
6. What other terms and conditions accompany this Policy
7. How we may change this Policy 
8. How to contact us if you have a question, comment or request

Adnà will not collect, use or disclose your personal data other than in accordance with this Policy and applicable laws in Canada and Quebec.

Please read this Policy and our Terms and Conditions of Use carefully to understand our policies and practices relating to your personal data. If you do not agree with our policies and practices, you must stop using our Platform. By accessing or using this Platform, you indicate that you understand, accept and consent to the practices described in this Policy. The Policy may be modified from time to time. If you continue to use this Platform after we have made changes to the Policy, you are indicating that you accept and consent to such changes. Whenever possible, we will notify you in advance of any material changes to the Policy.

Scope of the Policy

This Policy applies to the data we collect, disclose, store and otherwise process about you:

• On our website https://adnalacarte.com/, customer portal and social media pages, accounts, websites, networks or any applications contained therein, designed and operated by Adnà (hereinafter the "Platform").
• In emails, texts, forms and other electronic messages between you and this Platform.
• Through video calls, phone calls or discussions with ADNA employees.
• Through mobile and desktop applications that you download from this Platform, which provide dedicated non-browser-based interaction between you and this Platform.
• When you interact with our forms, advertisements and applications on third-party websites and services, if those forms, applications or advertisements include links to this Policy.

The Platform may include links to third-party websites, plug-ins, services, social networks or applications. Clicking on these links or activating these connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or activate a third-party plugin, please note that these third parties have their own privacy policies and that we have no responsibility for the privacy practices and policies of third parties. We do not control these third parties and we encourage you to carefully read the privacy policy of each third party you visit.

Please be aware that you may obtain more information about our practices and withdraw your consent at any time, subject to legal and contractual restrictions and Adnà may no longer be able to provide you with the Platform or requested services.

Finally, if you provide Adnà or third parties with personal data about another person, you undertake to have the necessary authorization to do so and/or to have obtained all necessary consents from such third parties to enable us to process it in accordance with the Policy.

LEGAL INFORMATION

PUBLISHER

9478-6480 Québec Inc.

CP 69, Succ. Rosemont

Montréal, QC

H1X 3B6 Canada

HOST

Amazon Web Services Canada Inc.

6000-100 King Street W, 1 First Canadian Place

Toronto ON M5X1E2 Canada

Server : Centrale 1A, Zone A, Montréal

1 - COLLECTION OF personal data 

Personal data is information that is specifically associated with a natural person and that can be used to identify that person, either directly or indirectly, i.e., by combining it with other information held by Adnà or its third-party service providers.

Adnà may obtain personal data when you save your personal data on the Platform or, if applicable, by otherwise transmitting your personal data, such as by creating a User account and choosing a password, by logging in as a registered User of the Platform, by requesting a service, by providing account information or by communicating with us by telephone, e-mail or otherwise.

It is important that the personal data we hold about you is accurate and up-to-date. Please keep us informed of any changes to your personal data. By law, you have the right to request access to and correction of the personal data we hold about you.

We collect the following data from you: 

• Full name ;
• User account name;
• Delivery address;
• Genetic test results;
• E-mail address; 
• Demographic data;
• Location;
• Payment data;
• Authentication data;
• Device data;
• Browser data;
• Connection data (including IP address); and
• Browsing history.

Persons from whom personal data is collected

The User's personal data may be collected :

• Directly from you through forms and communications, namely:
  • Platform registration form;
  • Contact form;
  • E-mail communications;
  • Your member area on the Adnà Platform;
  • Phone; and
  • Opinion polls.
• Through the use of cookies

Adnà's legal basis for processing the User's personal data may be one or more of the following:

The User's consent; 

• When necessary to fulfill Adnà's legal obligations;
• When it is necessary for the performance of a contract between the User and Adnà or before entering into it at the request of the User;
• When it is necessary to safeguard the vital interests of the User or those of a third party; or
• Where this is based on a legitimate interest, such as :
  • To ensure the security of the Platform, its network and data; 
  • To prevent fraud;
  • For commercial prospecting of the User; or 
  • For internal administrative purposes.

For more information on the protection of your personal data and your related rights, please contact the Office of the Privacy Commissioner of Canada or the Commission d'accès à l'information of Québec.

• Office of the Privacy Commissioner of Canada (www.privcom.gc.ca) 
• Commission d'accès à l'information du Québec (www.cai.gouv.qc.ca)

2 - USING AND SHARING YOUR personal data

Purposes for which personal data is used 

We collect personal data from the User for the following purposes:

• To create, use and manage User accounts on our Platform;
• To provide products and services requested by the User;
• To understand the use of the Platform;
• To analyze and improve the User experience;
• Communicate with the User;
• Develop, improve, market or provide the Platform and our products and services;
• To maintain backups of our databases and retain records;
• To establish, exercise or defend legal claims, whether in a judicial proceeding or in an administrative or extrajudicial proceeding for the protection and vindication of our legal rights, your legal rights and the legal rights of others; and
• To comply with applicable laws and regulations.

Sharing personal data

Adnà takes the sharing of personal data seriously. Situations where personal data may be shared with company partners, third-party applications, websites or integrations on or using our Platform and for law enforcement or legal requests. 

The categories of persons to whom User data may be transferred are as follows:

• Payment service providers, to process Users' payments;
• IT service providers, to ensure the operation and security of the Platform;
• DNA analysis laboratories;
• Digital analysis and statistics service providers;
• Partners, government agencies and regulatory authorities, judicial bodies, associates, agents, lawyers or other representatives for compliance with legal obligations to which we are subject or for the establishment, exercise or defense of legal rights, whether in a judicial proceeding or in an administrative or extrajudicial proceeding ;
• To any other person as permitted and/or required by law.

Adnà may process, store and transfer some of your personal data outside Quebec, with different privacy laws that may or may not be as comprehensive as Quebec and federal laws. In these circumstances, the governments, courts, law enforcement agencies or regulatory bodies of that country may have access to your personal data under the laws of the foreign country. However, when ADNA uses a service provider, it is required that its confidentiality and security standards comply with this Policy and applicable Quebec and Canadian privacy legislation.

Furthermore, the User understands that Adnà may at any time share its personal data in the event of a partial or total transfer of its business to a third party. In such an event, the data transferred as an asset of Adnà will be subject to the same safeguards as this Policy. 

If the User does not wish his or her personal data to be shared with third parties or partners, he or she may object at any time by contacting us.

3 - WHEN WE MAY OR MAY NOT NEED YOUR CONSENT

We use your personal data only with your consent or as authorized by law. We obtain your consent to collect, use and disclose your personal data when:

• You request a product or service; 
• We need to use your personal data for a different purpose than the one for which you have already given your consent;
• You interact with us.  

However, we do not obtain your consent for every interaction with you. For example, if we use your personal data for a purpose related to the one for which you gave your consent. In addition, we do not obtain your consent in certain situations provided for by law, in order to: 

• Comply with a court order or other legally binding request;
• Assert a claim;
• Investigate a breach of contract or contravention of the law; or
• Prevent, stop or detect fraud.

4 - WHAT ARE YOUR RIGHTS CONCERNING YOUR personal data AND HOW TO EXERCISE THEM?

Your main rights under the applicable privacy laws are as follows:

• The right of access ;
• The right of rectification;
• The right to de-index;
• The right to restrict processing;
• The right to object to processing;
• The right to portability of personal data;
• The right to lodge a complaint with a supervisory authority; and
• The right to withdraw your consent.

You have the right to obtain confirmation as to whether or not we are processing your personal data and, if so, access to that data, as well as certain additional information. This additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Provided that the rights and freedoms of others are not affected, we will provide you with a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable charge.

In certain circumstances, you have the right to have your personal data erased within a reasonable period of time. These circumstances are as follows: the personal data is no longer required for the purposes for which it was collected or is processed in some other way; you withdraw your consent to processing based on consent; you object to processing under certain applicable privacy rules; processing is carried out for direct marketing purposes; the personal data has been processed unlawfully. There are, however, exclusions to the right to erasure. General exclusions include the following cases where processing is necessary: 

• To exercise the right to freedom of expression and information 
• To comply with a legal obligation; or 
• To establish, exercise or defend legal claims.

It is important that the personal data we hold about you is accurate and up-to-date. Please inform us of any changes to the personal data we hold about you. 

If you wish to review, verify, correct or withdraw your consent to the use of your personal data, you may also send us an email at info@adnalacarte.com to request access, correction or deletion of the personal data you have provided to us. We can only delete your personal data by also deleting your User account. We may not comply with a request to amend data if we believe that doing so would breach a law or legal obligation or would render the data incorrect. We may charge you a reasonable fee for access to your personal data, but we will inform you of this fee in advance.

You can access and modify some of your personal data in your User account on the Platform. In addition, we will give you access to your personal data, subject to the exceptions provided by applicable privacy legislation. Here are some examples of these exceptions:

• Data protected by professional secrecy;
• Data that is part of a formal dispute resolution process;
• Data concerning another person that would reveal his or her personal data or confidential business data; and
• Data that would be prohibitively expensive to provide.

If you have any concerns about our processing or would like to correct any data you have provided to us, you can contact our Privacy Officer at  info@adnalacarte.com.

Right to withdraw your consent. Where you have given your consent to the collection, use and transfer of your personal data, you may have the legal right to withdraw your consent in certain circumstances. If you wish to withdraw your consent, please contact us at  info@adnalacarte.com. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact of this withdrawal to help you make your decision.

Requests relating to your personal data. We may ask you for specific information to help us confirm your identity and your rights under applicable law, and to provide you with the personal data we hold about you or make any changes you have requested. Once you have asserted your personal data rights, we will process your request within 30 days, or longer if required by law. If the delay is longer than 30 days, you will be informed.

Applicable privacy laws may permit or require us to deny you access to some or all of the personal data we hold about you, or we may have destroyed, erased or anonymized your personal data in accordance with our retention obligations and practices. If we are unable to provide you with access to your personal data, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

5 - SECURITY AND RETENTION OF YOUR personal data

Security

The personal data Adnà collects is stored in a secure environment. Adnà has adopted appropriate measures to maintain the confidentiality of personal data and to protect it against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, taking into account, among other things, the sensitivity of the data and the purposes for which it is to be used. In addition, Adnà requires that each employee, agent or representative of Adnà abide by this Policy.

To ensure the security of the User's personal data, Adnà uses the following measures, among others:

• Regular software updates;
• Protected physical access to servers and computers;
• Firewalls;
• Use of password-protected data networks;
• Confidentiality agreements with employees;
• SSH/SFTP security protocols; 
• Quebec server; and
• TLS encryption.

Adnà is committed to maintaining a high level of security by integrating the latest technological innovations to ensure the confidentiality of the User's transactions, in order to protect his or her personal data from unauthorized access, use or disclosure.

However, since no mechanism offers maximum security, there is always an element of risk when using the Internet to transmit personal data. If a password is used to protect the User's account and personal data, it is the User's responsibility to ensure that it remains confidential. 

Adnà maintains a confidentiality incident log and will contact any User whose personal data is the subject of such an incident and presents a risk of serious harm.

Retention

The User's personal data will not be retained beyond the purposes for which it was collected. Adnà respects the retention period recommended by the applicable privacy laws. The deletion of data occurs when the User deletes his/her account.

6 - OTHER TERMS AND CONDITIONS ACCOMPANYING THIS POLICY

Anti-spam

Adnà complies with the requirements of the Canadian Anti-Spam Law (CASL). The User understands that he/she may expressly or tacitly consent to receive messages from Adnà.

To unsubscribe from our electronic communications mailing list, simply click on the "Unsubscribe" button at the bottom of our electronic messages. Please note that each time we send you an email, we give you the opportunity to unsubscribe from our mailing list.

Automated decisions

Adnà does not process any personal data in an automated way and we do not use your personal data for automated decision-making purposes. 

Children under the age of 14 

Our Platform is not intended for use by persons under the age of 14. No person under the age of 14 may provide personal data to or on the Platform without parental consent. If you are under 14, do not use or provide any personal data on this Platform or on or through any of its features. Do not register on the Platform, make purchases through the Platform, use the interactive or public comment features of this Platform or provide us with any information about yourself, including your name, address, telephone number, e-mail address or username that you may use. If we learn that we have collected or received personal data from minors under the age of 14 without their parents' consent, we will delete that data. If you believe that we may be holding data from a person under the age of 14, please contact us at info@adnalacarte.com.

Applicable law

This Policy is governed by the laws of Quebec and Canada applicable therein. These laws apply without giving effect to any principles of conflict of laws. 

Severability

Each provision of this Policy forms a distinct whole, so that any decision by a court to the effect that one of the provisions of this Policy is null or unenforceable in no way affects the validity or enforceability of the other provisions of this Policy.

7 - CHANGES TO THIS POLICY 

We will occasionally update this Policy. Continued use of the Platform constitutes the User's agreement to this Privacy Policy and any updates. If we make material changes to the way we treat our Users' personal data, we will notify you by email to the address provided in your account or by a notice on the Platform's home page.

However, where the Consumer Protection Act applies, Adnà will notify Platform Users thirty (30) days prior to the effective date of the change. If the User refuses these modifications and wishes to terminate the contract, it will have no later than thirty (30) days following the effective date of the modifications to send a notice to Adnà and terminate, without charge or penalty, its obligations to Adnà.

8 - HOW TO CONTACT US 

You may exercise your rights under this Policy or direct any other questions or complaints about Adnà's privacy practices to us at the following address:

By mail to: 

Privacy Officer

9478-6480 Québec Inc.

CP 69, Succ. Rosemont

Montréal , QC

H1X 3B6 Canada

By email:  info@adnalacarte.com

We have procedures in place to receive and respond to complaints or inquiries regarding our handling of personal data, our compliance with this Policy and applicable privacy legislation. To discuss our compliance with this Policy, please contact our Privacy Officer using the contact information provided above.