Terms of Service

Our website shares information about the services provided by Nalagenetics Pte Ltd and its affiliates (“NALAGENETICS”), including genetic testing through our partnered laboratories, and software solutions for physicians and patients. The information given to physicians and patients who use the services are curated from available scientific evidence. Our recommendations for certain drug-gene interactions are made on the basis of our best efforts and may change as time passes and we curate more evidence.

NALAGENETICS is not engaged in rendering investment or medical advice via NALAGENETICS’ services which include website (“the Website”), web and smartphone applications (either or both, “the App”) or platform services (“the Platform”) as they may be upgraded, modified, refreshed, suspended or discontinued from time to time (all or any, “NALAGENETICS SERVICES”) nor does it provide instruction on the appropriate use of goods produced, supplied or developed by NALAGENETICS. Nor does NALAGENETICS, by or through NALAGENETICS SERVICES offer for sale any goods or services directly to consumers. Tests available for requisition by NALAGENETICS are diagnostic tests that can only be ordered by authorized physicians.

Telemedicine is intended to improve access to healthcare and is not a direct substitute for in-person medical consultations. Please visit a physician’s clinic where reasonably practical instead of using telemedicine. Do not delay seeking medical attention from a physician, when advised to do so. There are potential and inherent risks associated with remote medical consultation through a mobile and/or an electronic medium, including the information transmitted by users of such medium.

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE TERMS AND CONDITIONS CONTAINED OR REFERRED BELOW BEFORE YOU REQUEST ACCESS TO OR USE OF NALAGENETICS’ SERVICES. THE TERMS AND CONDITIONS WILL APPLY IN YOUR RELATIONSHIP WITH NALAGENETICS IN RELATION TO SUCH ACCESS AND USE.

Any person (“Applicant”) who requests access to or use of NALAGENETICS SERVICES agrees that it does so upon these terms and conditions (as they may be revised by NALAGENETICS from time to time).

Furthermore, the Applicant also acknowledges and declares that before making such request or use of NALAGENETICS SERVICES, the Applicant had also read and agreed to the terms and conditions in the Service Level Agreement in Annexure – A and Data Processing Agreement in Annexure – B herein, and had also considered and evaluated the responsibilities and risks which may arise in using NALAGENETICS SERVICES and the Applicant has taken and will continue to take all necessary steps to avoid or reduce any unacceptable responsibilities and risks on its part.

The Applicant now also acknowledges and agrees that NALAGENETICS may disclose information relating to the Applicant, to NALAGENETICS and its employees, agents, contractors and its affiliates and with third parties involved in a transaction with NALAGENETICS, as well as to other third parties who perform certain functions on NALAGENETICS’ behalf in the provision, operation and management of NALAGENETICS SERVICES and to third parties whom NALAGENETICS considers should be provided with such information to prevent contravention of any law or to protect the NALAGENETICS SERVICES.

TERMS AND CONDITIONS OF ACCESS TO AND USE OF NALAGENETICS SERVICES

These terms and conditions shall apply to NALAGENETICS’ provision, operation and management of NALAGENETICS SERVICES subject to any deletions, additions and changes which NALAGENETICS may make from time to time.

Definitions

Unless expressly agreed otherwise or unless the context requires otherwise, the following expressions used in these terms and conditions shall have the meaning set out below:

“the App” means either or both of the web and smartphone applications owned, operated and/or provided by NALAGENETICS to provide NALAGENETICS SERVICES;

“Applicant” means any person who requests access to or use of NALAGENETICS SERVICES;

“NALAGENETICS” means Nalagenetics Pte Ltd and its affiliates; and its affiliates;

“NALAGENETICS SERVICES” includes any or all of the Website, the Web, the App and the Platform, as they may upgraded, modified, refreshed, suspended or discontinued by NALAGENETICS from time to time;

“Personal Data” has the meaning given in Clause 11;

“the Platform” means the platform and platform services owned, operated and/or provided by NALAGENETICS to provide NALAGENETICS SERVICES;

“User” means the Applicant whose request for access to and use of NALAGENETICS SERVICES is acceded to by NALAGENETICS;

“the User’s Materials” has the meaning given in Clause 13; and

“the Website” means the website owned, operated and/or provided by NALAGENETICS to provide NALAGENETICS SERVICES.

The same capitalized expressions used in other terms and conditions of NALAGENETICS SERVICES shall have the meaning given above when used in these terms and conditions, unless the context requires otherwise or unless expressly agreed otherwise.

  1. Linkage to Third Party Website, Application and/or Platform
    Each Applicant acknowledges and agrees that NALAGENETICS may at its discretion, link NALAGENETICS SERVICES to any website, application or platform of any third party or allow any third party to advertise or provide its goods, services and facilities, subject to the terms and conditions set by NALAGENETICS or imposed by the third party which may not be within NALAGENETICS’ control. The Applicant whose request for access to and use of NALAGENETICS SERVICES is acceded to by NALAGENETICS (“User”) shall, unless expressly agreed otherwise between NALAGENETICS and the User then be free to make its own independent decision on whether to use NALAGENETICS SERVICES or such other website, application or platform or such third party’s website, application or platform to acquire any goods, services or facilities from such third party. If the User decides to do so, the User shall be deemed to deal with such third party relating to such goods, services and facilities at the User’s own risk and expense. The Applicant and the User (as the case may be) further agrees that in case of any contradiction or inconsistency between these terms and conditions and the terms and conditions imposed by such third party, these terms and conditions shall apply unless and to the extent NALAGENETICS decides otherwise.
  2. Age, capacity and information
    The Applicant and the User must:
    1. Where applicable, be not less than 18 years old and have the legal capacity to enter into contracts under Singapore law or must provide evidence satisfactory to NALAGENETICS of the consent of its parent or lawful guardian if the Applicant or the User shall be less than 18 years old;
    2. Provide NALAGENETICS with a copy of its identification or registration document and evidence of its current residential or business address(not applicable to User participating in a related Research Study);
    3. Have and maintain at all times, a computer system or mobile device owned and controlled by the User which meets NALAGENETICS’ specifications from time to time; and
    4. Give to NALAGENETICS all other information (whether or not requested by NALAGENETICS) which may affect NALAGENETICS’ decision whether or not to permit or to continue to permit the Applicant or the User (as the case may be) to have access to or to use of NALAGENETICS SERVICES or on the terms and conditions of providing such access or use, and shall ensure the completeness, accuracy and currency of such information at all times.
  3. No multiple users or transfer or sharing of account
    No Applicant may by itself or through any other person apply directly or indirectly to NALAGENETICS for and no User shall at any time hold or operate more than one (1) account allocated to the User by NALAGENETICS for access to or use of NALAGENETICS SERVICES. The User shall not and shall ensure at all times that no person or entity other than the User or the person nominated by the User, as the case may be, and expressly permitted in writing by NALAGENETICS at its discretion may use such account allocated by NALAGENETICS. Nor shall the User in any way share or transfer access to or use of such account or NALAGENETICS SERVICES with or to any other person or entity.
  4. Charges and other sums payable (not applicable to User participating in a related Research Study)
    1. The User shall pay all applicable fees, charges and other sums imposed by NALAGENETICS from time to time for access to and use of NALAGENETICS SERVICES, at the rate and on the first day of each calendar month or at such other date as may be specified by NALAGENETICS from time to time.
    2. The User shall make such payment in the form required by NALAGENETICS and if the User makes such payment by credit card or debit card or any electronic or similar method, the User represents and warrants that the User is authorized to use such method and to authorize NALAGENETICS to charge the payment by such method. If the User’s payment by such method is refused by any third party, the User agrees to allow NALAGENETICS to deal with the issuer or administrator of such payment method to determine the appropriate person to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to NALAGENETICS. Notwithstanding the foregoing, the User shall be responsible to resolve any disputes with such issuer or administrator.
  5. Purpose of access to and use of NALAGENETICS SERVICES (not applicable to User participating in a related Research Study)
    The User may have access and use of NALAGENETICS SERVICES for the purposes described by NALAGENETICS but not for any other purpose. Where applicable, the User shall and shall ensure that its employees, agents and contractors shall, at all times comply with all requirements of NALAGENETICS from time to time directly or indirectly relating to the use of NALAGENETICS SERVICES, including the terms and conditions currently contained in https://nalagenetics.com/tos, as they may be revised by NALAGENETICS from time to time. Without prejudice to the generality of the foregoing, the User shall and shall ensure that its employees, agents and contractors shall conduct themselves in such a manner as shall not be fraudulent or unlawful and as may not cause loss, damage, injury, death, distress, offence, annoyance or inconvenience to NALAGENETICS or any third party or as may subject NALAGENETICS or its employees, agents or contractors to prosecution or action by any authority.
  6. Non-warranty and waiver (not applicable to User participating in a related Research Study)
    NALAGENETICS provides access to and use of NALAGENETICS SERVICES “as is” and “as available” and NALAGENETICS does not warrant the completeness, accuracy, availability, propriety, safety, security, reliability, quality, merchantability, fitness for particular purpose, timeliness or non-infringement of NALAGENETICS SERVICES. The User shall have access to and use of NALAGENETICS SERVICES at its own risk.
  7. User is not NALAGENETICS’ partner, employee, agent or contractor (not applicable to User participating in a related Research Study)
    For the avoidance of doubt, it is agreed and declared by NALAGENETICS and the User that the User and its employees, agents and contractors are not intended to be and shall not be taken as partners, employees, agents or contractors of NALAGENETICS.
  8. Liability, indemnity and Insurance (not applicable to User participating in a related Research Study)
    1. The Applicant and the User shall be liable to NALAGENETICS and its affiliates for any losses, damages, costs (including solicitor and client cost) and expenses suffered or incurred by NALAGENETICS and/or its affiliates due to or arising from any failure by the Applicant or the User, as the case may be, to observe and perform its obligations under these terms and conditions.
    2. The Applicant and the User shall be responsible and liable for the actions and omissions of their respective employees, agents and contractors in their use or relating to their use of NALAGENETICS SERVICES and for the actions and omissions of other persons who obtain access or use of NALAGENETICS SERVICES through the Applicant or the User whether or not with the knowledge of the Applicant or the User.
    3. NALAGENETICS and its employees, agents, contractors shall not be liable for any loss, damage or destruction of any property or any injury or death of the User or any third party (including but not limited to the User’s employees, agents or contractors) or for any demands, claims or proceedings against the User arising from or related to the User’s access to or use or purported use of NALAGENETICS SERVICES due to any reason. Without prejudice to the generality of the foregoing, the User expressly waives and releases NALAGENETICS and its employees, agents and contractors from any and all liability, claims or damages arising from or in any way related to or arising from the User’s access to or use of NALAGENETICS SERVICES, including but not limited to any diagnosis, treatment and dispensation of medicine or advice to any third party.
    4. In no event shall NALAGENETICS and its employees, agents or contractors be liable for any claim for emotional or psychological distress or loss of data or for any indirect, incidental, special, consequential, punitive, economic, future, exemplary or damages or loss.
    5. In any event, such liability (if any) of NALAGENETICS to the User or any third party shall not exceed the sum (if any) hitherto paid by the User to NALAGENETICS for access and use of NALAGENETICS SERVICES. The User shall indemnify NALAGENETICS and its employees, agents and contractors against all actions, claims, demands, losses, damages and costs and expenses (including their solicitor and client costs) for which they shall or may become liable to any third party in respe
    6. NALAGENETICS shall not be responsible for any actions prescribed and/or provided to and/or by a User or any other doctors, pharmacists or anyone else associated with the provision of action prescribed.
  9. Termination
    1. NALAGENETICS may suspend for such period and upon such terms decided by NALAGENETICS from time to time and/or if it so chooses at any time, may terminate the User’s access to or use of NALAGENETICS SERVICES if NALAGENETICS considers that the User or where applicable, its employee, agent or contractor has failed to observe and perform its obligations under these terms and conditions or may or has contravened any applicable law, without prejudice to NALAGENETICS’ rights and remedies in relation to any antecedent failure or contravention.
    2. The User may terminate its use of NALAGENETICS SERVICES by giving notice to NALAGENETICS with such time and in such manner as may be required by NALAGENETICS from time to time.
  10. Confidentiality
    The Applicant and the User may not, without the prior written approval of NALAGENETICS, disclose to any third party nor use for the benefit of any third party, any information provided by NALAGENETICS (including the User’s account password) or relating to NALAGENETICS or its employees, agents or contractors or NALAGENETICS SERVICES which is not lawfully in the public domain or for any purpose other than for access to or use of NALAGENETICS SERVICES in accordance with these terms and conditions.
  11. Personal Data
    The Applicant and the User (as the case may be) shall at all times provide NALAGENETICS with up to date data about itself and the devices and related software, hardware and peripherals it may use, that NALAGENETICS may require in relation to the Applicant or the User (as the case may be), including its name, identification document, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address and any other information about the Applicant or the User (as the case may be) and its use of NALAGENETICS SERVICES, as well as data relating to its health and medical history, religious or other similar beliefs (“Personal Data”), and hereby:
    1. agrees and consents to NALAGENETICS and its employees, agents, and contractors collecting, processing and using Personal Data in accordance to the Data Processing Agreement in Annexure – B herein for the purposes of processing the Applicant’s request for access to and use of NALAGENETICS SERVICES and for the User’s access to and use of the same, and for the business and activities of NALAGENETICS and its partners and sponsors (including for marketing, business or any other purposes in relation to NALAGENETICS) and to fulfil any legal obligation of NALAGENETICS, as well as for the following purposes:
      1. To exercise NALAGENETICS’ rights and to perform NALAGENETICS’s obligations under these terms and conditions;
      2. To develop, operate and enhance NALAGENETICS SERVICES; and
      3. To notify, invite and/or consider the participation of the Applicant or the User (as the case may be) in any event, promotion, activity, focus group, research study, contest, promotion, poll, survey or any production and to communicate with the Applicant or the User regarding its attendance thereat;
    2. agrees and acknowledges that NALAGENETICS and its employees, agents and contractors may retain Personal Data which shall be securely stored and protected by NALAGENETICS and which may be transferred across NALAGENETICS SERVICES in accordance with the Privacy Policy in https://nalagenetics.com/privacy-policy; and
    3. acknowledges and consents to receiving notifications from NALAGENETICS. Notwithstanding the foregoing, Personal Data shall at all times remain the property of the Applicant and User.
  12. Intellectual property
    NALAGENETICS does not intend and shall not be taken as granting or transferring to the Applicant or the User, any intellectual property right of NALAGENETICS. NALAGENETICS owns all right, title and interest, including all related intellectual property rights, in and to NALAGENETICS SERVICES and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Applicant or the User.
    The Applicant and the User shall not and shall not attempt to:
    1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise reproduce, use, exploit or make all or any part of NALAGENETICS SERVICES (including NALAGENETICS’ trademarks) in any way;
    2. Modify or make derivative works based on NALAGENETICS SERVICES or to or for any other person or create internet “links” to NALAGENETICS SERVICES or “frame” or “mirror” any service offered by NALAGENETICS on the Website, the App and/or the Platform on any other server or wireless or internet-based device;
    3. Reverse engineer or access the Website, the App and/or the Platform in order to directly or indirectly in any way -
      1. Build a similar or competitive product or service;
      2. Build a product using similar ideas, features, functions or graphics of the Website, the App and/or the Platform; or
      3. Copy any ideas, features, functions or graphics of the Website, the App and/or the Platform;
    4. Launch any automated program or script, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website, the App and/or the Platform;
    5. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, the App and/or the Platform or their contents;
    6. Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information of NALAGENETICS without obtaining the prior written consent of NALAGENETICS;
    7. Remove any copyright, trademark or other proprietary rights notices contained in NALAGENETICS SERVICES; or
    8. Use the Apps and/or the Platform to -
      1. Send spam or otherwise duplicative or unsolicited messages;
      2. Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including materials harmful to children or in violation of third party privacy rights;
      3. Send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
      4. Interfere with or disrupt the integrity or performance of the Website, the App and/or the Platform;
      5. Attempt to gain unauthorized access to the Website, the App and/or the Platform or its related systems or networks; or
      6. Impersonate any person or otherwise misrepresent their affiliation with a person and shall abstain from any conduct that could possibly damage NALAGENETICS’ reputation or operations.
  13. Third party advertising, marketing and promotion
    If NALAGENETICS permits third parties to advertise, market or promote their services or goods through the Website, the App and/or the Platform but the User does not wish to receive or participate in such advertising, marketing or promotion:
    1. The User shall notify NALAGENETICS in in writing immediately or within the time (if any) specified by NALAGENETICS; and
    2. NALAGENETICS may require the User to pay a charge (if any) specified by NALAGENETICS from time to time or may terminate the User’s access to or use of NALAGENETICS SERVICES.
  14. Force Majeure
    NALAGENETICS shall not be liable for any failure to perform its obligations under these terms and conditions if the failure results from an event which is beyond the reasonable control of NALAGENETICS and which results in NALAGENETICS being unable to observe or perform on time its obligation.
  15. Applicable law
    The Applicant and the User and NALAGENETICS shall comply with its obligations under all applicable laws of Singapore.
  16. Assignment and third parties
    The Applicant and the User shall not but NALAGENETICS may assign, transfer, sub-contract or delegate any of its rights, benefits duties or obligations arising under these terms and conditions without the prior written consent of the Applicant or the User. A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Chap 53B) to enforce any provision of the Act.
  17. Invalidity or unenforceability
    If any of these terms and conditions is found to be invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining terms and conditions.
  18. Waiver
    Any delay or failure of NALAGENETICS to enforce any of these terms and conditions shall not constitute a waiver of such term or condition.
  19. Law and jurisdiction
    All matters related to or arising from these terms and conditions will be interpreted and governed by Singapore law and subject to the exclusive jurisdiction of the courts of Singapore.
  20. Disputes
    NALAGENETICS and the User will endeavour to resolve any dispute between them arising out of or in connection with these terms and conditions and/or any related agreements through friendly consultation. If no mutually satisfactory resolution can be reached within reasonable time, NALAGENETICS may choose to refer the dispute on an exclusive basis for mediation in the Singapore Mediation Centre or for final resolution by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision.
  21. Customer Support
    NALAGENETICS provides customer support to the Users to resolve problems related to NALAGENETICS SERVICES in accordance with NALAGENETICS’ Customer Support policy as set out in Annexure – C herein.
  22. Consumer Complaint Services
    Indonesia:
    Consumer Complaint Service Directorate General of Consumer Protection and Trade Regulations of the Ministry of Trade, Republic of Indonesia Whatsapp number of Directorate General of PKTN :+62 85311111010
    Singapore:
    Competition and Consumer Commision Singapore – The Health Science Authority: +65 68661111 or HAS_info@hsa.gov.sg
  23. Question and Complaint
    If you have any question about this confidentiality policy, our regulations, your rights, and your relations with the platform, please send us email at: help@nalagenetics.com or our call center at +62 8119941440 (Indonesia) and +65 80681358 (Singapore)
  24. The terms in this Terms of Services that are “not applicable to User participating in a related Research Study” means that such terms will not apply to the User, if the User is participating in a related Research Study that is subject to a separate written agreement between NALAGENETICS and the relevant parties. In the event of any inconsistency between this Terms of Services and the agreement governing the Research Study, the agreement governing the Research Study shall have precedence over and supersede this Terms of Services to the extent of the inconsistency.
Annexure – A
(Service Level Agreement)
(not applicable to User participating in a related Research Study)
  1. Agreement Overview
    This agreement represents a Service Level Agreement ("SLA") between NALAGENETICS and the User for the provisioning of services by NALAGENETICS to support and sustain the use of NALAGENETICS SERVICES by the User. This SLA remains valid until superseded by a revised SLA issued and replaced herein.
    This SLA outlines the parameters of all the support services covered for NALAGENETICS SERVICES as they are mutually understood by the User. This SLA does not supersede current processes and procedures unless explicitly stated herein.
  2. Goals & Objectives
    The purpose of this SLA is to ensure that the proper elements and commitments are in place to provide consistent service support and delivery of NALAGENETICS SERVICES to the User by NALAGENETICS.
    The goal of this SLA is to obtain mutual agreement for the support services provision to the User.
      The objectives of this SLA are to:
    • provide clear reference to service ownership, accountability, roles and/or responsibilities
    • present a clear, concise and measurable description of support service provision to the User
    • match perceptions of expected service provision with actual service support and delivery
  3. Periodic Review
    This SLA is valid from the date the User accepts the TERMS AND CONDITIONS OF ACCESS TO AND USE OF NALAGENETICS SERVICES and is valid until further notice. This SLA would be reviewed at a minimum once per fiscal year; however, in lieu of a review during any period specified, the current SLA will remain in effect.
  4. Service Agreement
    The following detailed support service parameters are the responsibility of NALAGENETICS in the ongoing support of this SLA.
    1. Service Scope
      The following support services are covered by this SLA:
      • email support at help@nalagenetics.com
      • WhatsApp support at +65 80681358 (Singapore) or +62 811 9941 440 (Indonesia)
      • remote assistance using remote desktop and a virtual private network where available
      • availability (uptime) of the support service
    2. User’s Requirement
      User’s responsibilities and/or requirements in support of this SLA include reasonable availability of himself or his representative(s) (whichever applicable) when resolving a NALAGENETICS SERVICES related incident or request.
    3. NALAGENETICS’ Requirements
      NALAGENETICS’ responsibilities and/or requirements in support of this SLA include:
      • meeting response times associated with NALAGENETICS SERVICES related incidents
      • appropriate notification to the User for all scheduled maintenance to NALAGENETICS SERVICES (if any)
  5. Service Management
    Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability and support.
    1. Service Availability
      Support is provided during NALAGENETICS’ normal business hours between 09:00 to 18:00 hours Singapore time. Please contact help@nalagenetics.com or WhatsApp us at +62 811 9941 440 (Indonesia) or +65 80681358 (Singapore).
  6. Service Description
    1. NALAGENETICS’ Clinical Decision Support
      NALAGENETICS will provide access to the online suite of services to control a fully automated analysis pipeline, certified as ISO13458, ISO27001, Singapore Personal Data Protection Act 2012 and Health Insurance Portability and Accountability Act 1996 compliant.
      The suite of services accepts input files with genotype data obtained from targeted, genome-wide genotyping and/or sequencing. The report will be provided through a secure private access and will be available as discrete data and/or PDF version.
      There are tiers to Nala Clinical Decision Support services that may change time to time.
      The software is able to output multiple reports including pharmacogenomics, nutrigenetics, and risk prediction related to multiple diseases. It is also able to ingest multiple data sets, such as qPCR, microarray or sequencing data set.
    2. NALAGENETICS kits
      NALAGENETICS will provide qPCR reagents that will generate genetic data when applicable.
  7. Additional Services
    In addition to the primary, secondary, and tertiary genetic analysis and reporting services described above, NALAGENETICS will provide the User with the following services at no additional cost in order to foster successful implementation and support the User in the various aspects of predictive genetic testing (clinical, scientific, technical, commercial, etc.)
    1. Healthcare Provider Training
      NALAGENETICS will offer a free online course for healthcare providers interested in implementing genetic tests in their clinical practice. The materials are constructed by key opinion leaders and physicians in genomics, precision medicine, and pharmacy.
      The outline of the courses is as follows*:
      Course 1: Clinical implementation of pharmacogenomics testing
      Course 2: Clinical implementation of nutrigenetics testing
      Course 3: Clinical implementation of risk prediction testing
      *This content is subject to change by NALAGENETICS in order to guarantee the highest quality, most relevant course material possible.
    2. Software Updates (for specific tiers)
      NALAGENETICS works to continuously improve the predictive power of its models, the comprehensiveness of its recommendations, and the robustness, speed, and quality of analysis through research and development activities.
      NALAGENETICS agrees to provide User with updated software models as they are developed. NALAGENETICS will notify User with the updated model within fourteen (14) business days from completion of validation and launch.
      NALAGENETICS may host ad-hoc webinars and information sessions at no charge at the request of the User and agreed upon on a collaborative basis.
Annexure – B
(Data Processing Agreement)
(not applicable to User participating in a related Research Study)
This agreement represents the Data Processing Agreement (“DPA”) between NALAGENETICS (“Data Processor”) and the User (“Data Controller”) for the provisioning of NALAGENETICS SERVICES to the Data Controller.
Taking into account that:
  • this DPA is an annexure to the TERMS AND CONDITIONS OF ACCESS TO AND USE OF NALAGENETICS SERVICES
  • upon the Data Controller creating a new account with the Data Processor in order to access to or use NALAGENETICS SERVICES, the Data Controller shall process, communicate and transfer to the Data Processor information that constitutes the personal data of the Data Controller and/or Data Subject in accordance with existing Singapore law
  • The Data Processor may process the personal data uploaded to or flow through its platforms/software from the Data Controller’s and/or Data Subject’s use of the NALAGENETICS SERVICE
the Data Controller and Data Processor hereby agreed as follows:
ARTICLE 1 – DEFINITIONS
In accordance with the Personal Data Protection Act 2012 of Singapore (“PDPA”) and for the purposes hereof, the following terms shall have the following meanings:
“Personal Data”: any information concerning an identified or identifiable natural person.
“Special categories of personal data or Sensitive data”: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
“Data Subject”: an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing”: ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Data Controller”: means the User.
“Data Custodian”: means IT employee of Nalagenetics Pte Ltd who is responsible for implementing and maintaining security controls for a given data set in order to meet the requirements specified by the Data Controller.
“Data Processor”: means Nalagenetics Pte Ltd (UEN No. 201610006H) and its affiliates.
“Processing subcontractor”: the natural or legal person entrusted by or acting on behalf of the Data Processor to process personal data on behalf of the Data Controller under this DPA.
“Breach of Personal Data”: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
ARTICLE 2 - PROCESSING OF PERSONAL DATA
  1. The personal data collected, kept and transferred to Data Processor and its Data Custodian for the purposes as stated in the order form, is the identifiers of the sample and order, genetic data, the fluorescence intensity and demographic and health data, such as cholesterol level, comorbidities etc. These data are prior coded and then uploaded in the Data Processor’ systems and processed for the purpose of providing genetic analysis services (reports) related to genomic risk prediction of medications, nutrition, and/or complex diseases (hereinafter referred to as "Personal Data"). For avoidance of doubt where the User is also the Data Subject, the User may also be regarded as Data Controller of its own Personal Data.
  2. The Data Processor undertakes to process Personal Data solely for scientific purposes and/or the purposes stated in the order form. If the Data Processor processes the Personal Data for its own purposes or alone determines the purposes and the means of the processing, then it will automatically act as a Data Controller of such data and will separately obtain the Data Subject’s written consent for such purposes.
  3. Access to this Personal Data is only permitted to the competent staff or associates of the Data Processor to the extent required to achieve scientific purposes and/or the objectives of the order form and the present, namely the provision of medical report and in particular the conduct of molecular testing and genetic analysis of the Data Subject. The Data Processor’s staff, which is specifically authorized to process Personal Data, must be bound under a confidentiality obligation or be subject to a proper regulatory obligation to maintain confidentiality.
  4. The Data Processor, undertakes, accepts and further declares that it is not entitled to process and use the Personal Data for any purpose not directly related to scientific purposes and/or the purposes of the order form and of the present, nor for any of its own purposes, for example, for purposes of sales / customer information / market research etc., or to use or include such data in products or services offered to third parties, unless it maintains a different lawful or contractual relation with the Data Subject, hence such processing is based on a different legal basis according to the PDPA.
  5. The Data Processor, in relation to the Personal Data of the Data Subjects received by the Data Controller and processed, will provide the Data Controller with all necessary information and any necessary assistance in order for the Data Controller to comply with its statutory obligations under the PDPA, including communications and notifications to supervising authorities and Data Subjects.
  6. The Data Processor commits itself to follow the recorded instructions of the Data Controller and/or Data Subjects, inter alia, regarding the transfer of such personal data to a third country or international organization, unless required to do so by Singapore law. In this case, the Data Processor shall inform the Data Controller and/or Data Subjects.
ARTICLE 3 - SUBCONTRACTORS - SUB-PROCESSORS
  1. The Data Processor shall not assign, in any way, the processing of personal data, which it has undertaken under the TERMS AND CONDITIONS OF ACCESS TO AND USE OF NALAGENETICS SERVICES and/or the order form, to a sub-processor, unless the following conditions are cumulatively met prior to the initiation of such processing:
    • It has informed in writing and has received an explicit consent from the Data Controller and/or Data Subjects.
    • It has ensured that the outsourced processing by the sub-processor is fully compliant with Singapore legislation on the protection of personal data.
    • The sub-processor has contractually undertaken the same obligations as the Data Processor with respect to the protection of personal data which the latter undertakes towards the Data Controller and/or Data Subjects pursuant to this TERMS AND CONDITIONS OF ACCESS TO AND USE OF NALAGENETICS SERVICES and/or the order form.
  2. Sub-processors shall be understood as third parties providing services directly related to the processing of personal data in execution of the order form.
ARTICLE 4 – PRIVACY
  1. The Data Processor takes the appropriate technical and organizational measures to ensure that during the processing of personal data is safe in accordance with the requirements of the existing legislation of Singapore including the PDPA and at the request of the Data Controller will provide it with all the necessary evidence and means to assess the adequacy of these measures. The measures taken must guarantee a level of protection appropriate to the type of data, the nature and purposes of the processing and the risks of different probability of occurrence and severity for the rights and freedoms of the subjects and guarantee the maintenance of confidentiality, integrity and availability of personal data.
  2. The Data Processor shall notify the Data Controller as soon as it becomes aware of any potential, accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of any Personal Data or of any possible, accidental, unauthorized access to it (the “Data Breach”), in accordance with the provisions of the PDPA. In addition, it will investigate the Data Breach, inform the Data Controller accordingly, and take all necessary measures to prevent further Data Breaches. Furthermore, it shall take all necessary steps and shall take appropriate measures to restore the level of security, to safeguard the data and to limit any possible further impact on the Data Subjects and the interests of the Data Controller. The Data Processor, at the request of the Data Controller, will also provide it with any further information at its disposal that the Data Controller may reasonably request in connection with the Data Breach.
ARTICLE 5 - GENERAL PROVISIONS
  1. Subject to the applicable laws and conditions of the TERMS AND CONDITIONS OF ACCESS TO AND USE OF NALAGENETICS SERVICES, the order form and/or any agreement executed between the Data Processor and Data Controller (if any) , when the Data Controller so requests in writing and within a reasonable time, which may not exceed thirty (30) days, the Data Processor shall return to the Data Controller all Personal Data communicated to it in execution of the order form and/or any agreement between the Data Processor and the Data Controller or shall duly delete it, as requested, by providing to it the relevant protocol of deletion/destruction, unless the national or law of Singapore requires the storage and further retention of personal data.
  2. In addition, the Data Processor undertakes all the obligations under the applicable law for the Data Processor and is responsible for complying with the existing law of Singapore.
  3. It is expressly agreed that the Data Processor and its Data Custodian shall not exceed the limits of the instructions given to it by the Data Controller in relation to the processing of such Personal Data, subject to national or law of Singapore. Exceptionally, the Data Processor may only use such data further if such processing is necessary to comply with its legal obligations, or upon written agreement with the Data Controller.
ARTICLE 6 - TERM OF VALIDITY
  1. This DPA will remain in full force until and unless it is revised, replaced or terminated by the Data Processor.
Annexure – C
(Customer Support)
NALAGENETICS offers support services (“Support”) to all User of NALAGENETICS SERVICES in accordance with the following terms:
  1. Support Hours
    Support is provided during NALAGENETICs’ normal business hours between 09:00 AM to 06:00 PM Singapore time. Please contact help@nalagenetics.com or WhatsApp us at +62 811 9941 440 (Indonesia) or +65 80681358 (Singapore).
  2. Definitions
    1. "Incident" means an error, problem or issue faced by the User with the NALAGENETICS SERVICES.
    2. "Critical Support Incident" means an Incident where operation of the NALAGENETICS SERVICES is critically affected (e.g. user is unable to login to the platform, user cannot generate a report).
    3. "Non-Critical Support Incident" means an Incident with no material impact on performance of NALAGENETICS SERVICES, but User’s experience may be affected (e.g. query of historical patient records, renaming of field in a report).
  3. Incident Submission and User’s Cooperation
    User may report Incidents by emailing help@nalagenetics.com. User will provide information and cooperation to NALAGENETICS as reasonably required for NALAGENETICS to provide Support. This includes, without limitation, providing the following information to NALAGENETICS regarding the Incident (an “Incident Report”):
    • Aspects of the NALAGENETICS SERVICES that are unavailable or not functioning correctly
    • Incident’s impact on the User
    • Start time of Incident
    • List of steps to reproduce Incident
    • Relevant information or data, including raw data of patient sample run (if applicable)
    • Wording of any error message (if applicable)
    • Incident ID# (when specified by NALAGENETICS)
  4. Target Response Times
    Upon receipt of an Incident Report, NALAGENETICS’ Support personnel will assign a priority level (“Priority Level”) based on the typology of the incident:
    Priority LevelTypologyInitial response time during working daysInitial response time during non-working days
    1Critical Support Incident3 working hoursNext working day
    2Non-Critical Support Incident1 working dayNext working day
  5. Exclusions
    NALAGENETICS will have no obligation to provide Support to the extent an Incident arises from
    • use of the NALAGENETICS SERVICES in a manner not authorized in the TERMS AND CONDITIONS OF ACCESS TO AND USE OF NALAGENETICS SERVICES or the applicable guidelines for the NALAGENETICS SERVICES
    • general Internet problems, force majeure events or other factors outside of NALAGENETICS’ reasonable control
    • Users’ equipment, software, network connections or other infrastructure
    • third party systems, acts or omissions
  6. Resolution
    After NALAGENETICS’ first response to an Incident Report, NALAGENETICS shall work with the User to identify and use commercially reasonable efforts to resolve the issues leading to the Incident. An Incident Report will be considered resolved if
    • the identified NALAGENETICS SERVICES issues are actually resolved; or
    • the person who submitted the Incident Report does not respond within seven (7) days to NALAGENETICs’ requests for information or otherwise does not reasonably assist NALAGENETICS in resolving the issue
  7. User-Pipeline Assistance
    NALAGENETICS will use commercially reasonable efforts to assist User to debug, scientifically validate and optimize tools for use with the NALAGENETICS SERVICES (“User-Pipeline Assistance”) in accordance with the table above in Section 4. Target Response Times.

Last Updated: December 18, 2023

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