family health history terms of service
- "23andMe" means 23andMe, Inc., whose principal place of business is at 899 West Evelyn Avenue, Mountain View, CA 94041.
- "23andWe Research" means scientific research that 23andMe performs with the intent to publish in a peer-reviewed scientific journal. 23andWe Research only uses Genetic and Self-Reported Information from users who have given consent according to the applicable Consent Document. 23andWe Research activities do not include R&D.
- "FTHM Tool" means 23andMe's Family Tree Health Mode feature, which allows you to create a collaborative family tree including Medical History Information, to be accessed from time to time by you through your 23andMe account on the 23andMe website.
- "Close Relatives" means for any individual, the following biological relatives with 23andMe accounts: twins, siblings, parents, children, aunts, uncles, grandparents, half-siblings, first cousins, great-grandparents, great aunts and great uncles.
- "Medical History Information" means a subset of Self-Reported Information which includes the information you include in your family tree about your and your Close Relatives' medical history, including disease conditions and other health-related information while signed in to your 23andMe account, as well as such information included by Close Relatives while signed in to their 23andMe accounts about you or about other Close Relatives' medical history.
- "R&D" means research and development activities performed by 23andMe on user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
- "Self-Reported Information" is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your 23andMe account. Self-Reported Information is included in 23andWe Research only if it has been indicated for 23andWe Research use on the website and if you have given consent as described in the applicable Consent Document.
- "Sensitive Medical Information" means Medical History Information regarding (i) sexual conditions such as STDs or female reproductive conditions, (ii) psychological conditions, such as bipolar disorder or schizophrenia, as well as (iii) conditions which 23andMe reasonably believes are socially stigmatized.
- "Service" or "Services" means 23andMe's products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
2. ACCEPTANCE OF TERMS
Please print or save a local copy of the Terms for your records.
To use the FTHM Tool you must have a 23andMe account and agree to 23andMe's Terms of Service and Privacy Statement. You may not use the FTHM Tool and may not accept the Terms if you are not of legal age to form a binding contract with 23andMe.
4. DESCRIPTION OF THE FTHM TOOL
The FTHM Tool allows you to build a family tree in collaboration with your Close Relatives, allowing you to take advantage of each Close Relative's knowledge about his/her and other Close Relatives' Medical History Information to create a unified medical history for your family. This will provide you with a more comprehensive and hopefully more accurate view of your family medical history than you could likely put together on your own. The FTHM Tool allows you to build this collaborative tree, and will use your Medical History Information to provide you with a risk assessment for conditions listed in your tree based on existing calculations prescribed by the Center for Disease Control. This risk assessment may inform you whether you have an average, an increased or a substantially increased likelihood of developing a disease, based on your Medical History Information.
The FTHM Tool allows you to create a family tree in which Medical History Information relevant to each Close Relative in your tree, other than Sensitive Medical Information (unless explicitly authorized by you within the FTHM Tool), will be viewable to all Close Relatives of each member of the tree, as well as their designees and beneficiaries. Members of any family tree may invite other Close Relatives to join their tree. If you invite a Close Relative, they will receive an email displaying your family tree (without Medical History Information) and asking 1) if they are the Close Relative that you have indicated they are, and 2) if they would like to join 23andMe and use the FTHM tool. If the invited Close Relative confirms that they are the indicated Close Relative but that they would not like to join the tree, they will be visible to you as a Close Relative in the tree, but they cannot view or edit the information in their family tree. To be able to view the family tree with Medical History Information, each Close Relative must create a 23andMe account and sign up to the Terms, Terms of Service and Privacy Statement.
Close Relatives who join a tree will be able to see the Medical History Information of all Close Relatives in their tree, other than Sensitive Information, regardless of who invited them into the tree. You and any Close Relatives in your family tree may modify the medical information listed for any other Close Relative in the tree, provided that you will by default be notified via email when a Close Relative has included Medical History Information in your individual description. You may modify your and your Close Relatives' Medical History Information at any time. Any Sensitive Medical Information added into your description or another Close Relative's description in the family tree will only be viewable to the individual who added such information. For example, if you included in your family tree that your brother has bipolar disorder, that information would only be viewable by you, and not by your brother or any other Close Relative in your tree.
The risk assessment provided by 23andMe in the FTHM Tool will be determined using existing calculations provided by the Center for Disease Control, and may tell you whether you have an average likelihood to develop a disease condition, an increased likelihood (compared to average) or a substantially increased likelihood based on your individual Medical History Information. Like all 23andMe Services, the FTHM Tool and the risk assessment is provided for informational use only. This risk assessment is not intended to be used by you for any diagnostic purpose and is not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation or prevention of any disease or other medical condition or impairment or the status of your health that arises from your Medical History Information.
If you have consented for research through 23andMe's Consent Document, your Medical History Information may be used in 23andWe Research as described in the applicable Consent Document, we may include such information in Aggregated Genetic and Self-Reported Information (as defined in the Privacy Statement) intended to be published in peer-reviewed scientific journals. If you do not give consent for your Self-Reported Information to be used in 23andWe Research, we may still use your Medical History Information for R&D purposes as described above, which may include disclosure of Aggregated Genetic and Self-Reported Information to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal.
Unless explicitly stated otherwise, each new feature that augments or enhances the current FTHM Tool shall be subject to the Terms. You acknowledge and agree that the FTHM Tool is provided "AS-IS," without any warranties of any kind. You acknowledge and agree that the form and nature of the FTHM Tool which 23andMe provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that 23andMe may stop (permanently or temporarily) providing the FTHM Tool (or any features within the FTHM Tool) to you or to users generally at 23andMe's sole discretion, without prior notice to you. You may stop using the FTHM Tool at any time. You do not need to specifically inform 23andMe when you stop using the FTHM Tool unless you are requesting that 23andMe remove your family tree. 23andMe assumes no responsibility for the use of FTHM Tool outside the terms of these Terms or other applicable terms.
5. RISKS AND CONSIDERATIONS REGARDING 23ANDME FTHM TOOL
Your Close Relatives and their designees and/or beneficiaries may be able to view any Medical History Information you include or is included about you in the FTHM Tool family tree, even if you yourself haven't invited that particular Close Relative. When you create a family tree or are invited to a family tree and decide to accept the invitation, any of your self-reported Medical History Information will be viewable and editable by all Close Relatives in your tree, as well as anyone to whom they give access to their account. This access is not limited to Close Relatives that you invite to the tree, but may include any person who qualifies as a Close Relative and is invited to the tree by another of your Close Relatives. If you do not want your Medical History Information (either entered by you or by Close Relatives) to be viewable by these Close Relatives, you should not use this tool.
Your Close Relatives may include Medical History Information about themselves or about you that is upsetting to you. You may learn information about you and your family that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., someone with your family medical history may have a higher than average chance of developing a specific condition or disease). These outcomes could have social, legal, or economic implications.
Whether or not you are part of a collaborative family tree, Medical History Information about you may be included in a collaborative family tree in a Close Relative's 23andMe account. Regardless of whether you accept an invitation to join a tree or are not invited at all, Close Relatives of yours may create family trees and include your Medical History Information in those trees.
6. USER REPRESENTATIONS
By accessing 23andMe's FTHM Tool, you agree to, acknowledge, and represent as follows:
a. You are aware that some of the information you receive may provoke strong emotion.
b. You take responsibility for all possible consequences resulting from your adding information about your Relatives or sharing with others access to your Self-Reported Information through use of the FTHM tool or otherwise.
c. You understand that all your Self-Reported Information will be stored in 23andMe databases and will be processed in accordance with the 23andMe Privacy Statement.
d. Waiver of Property Rights: You understand that by providing Self-Reported Information in the FTHM Tool, you acquire no rights in any research or commercial products that may be developed by 23andMe or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations 23andMe has the right to suspend or terminate your account and refuse any and all current or future use of the FTHM Tool (or any portion thereof) and you will defend and indemnify 23andMe and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
7. 23ANDME PRIVACY STATEMENT AND DISCLOSURE OF INFORMATION
In order to use the FTHM Tool, you must first acknowledge and agree to the Terms of Service and the Privacy Statement. You may not use the FTHM Tool if you do not accept the Terms of Service and the Privacy Statement. You can acknowledge and agree to the Terms of Service and the Privacy Statement by (1) clicking to accept or agree to the Terms of Service and Privacy Statement, where these options are made available to you by 23andMe for any service; or by (2) actually using the FTHM Tool.
Please refer to our Privacy Statement to read about data protection related to your information.
8. MODIFICATIONS TO SERVICE
23andMe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the FTHM Tool (or any part thereof) with or without notice. You acknowledge and agree that 23andMe shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the FTHM Tool.
The Software that you use may from time to time automatically download and install updates from 23andMe. These updates are designed to improve, enhance, and further develop the FTHM Tool and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit 23andMe to deliver these to you) as part of your use of the FTHM Tool.
9. CHANGES TO THE TERMS
23andMe may make changes to the Terms from time to time. When these changes are made, 23andMe will make a new copy of the Terms available on its website and any new additional terms will be made available to you from within, or through, the affected FTHM Tool.
You acknowledge and agree that if you use the FTHM Tool after the date on which the Terms have changed, 23andMe will treat your use as acceptance of the updated Terms.
a. Entire Agreement. The Terms, together with the Terms of Service, constitute the entire agreement between you and 23andMe and govern your use of the FTHM Tool, superseding any prior agreements between you and 23andMe on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate FTHM Tool, third-party content, or third-party software.