1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

2. Hosting

This website is hosted externally. Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The external hosting serves the purpose of fulfilling the contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We are using the following host(s):

IONOS SE
Brauerstr. 48
76135 Karlsruhe
Germany

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

CGC Genomics Consults AG
Grosspeteranlage 29
4052 Basel
Switzerland

E-mail: info@cgc-genomics.com

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Information on data transfer to the USA and other non-EU countries

Among other things, we use tools of companies domiciled in the United States or other from a data protection perspective non-secure non-EU countries. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. We must point out that in these countries, a data protection level that is comparable to that in the EU cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies (e.g., the Secret Service) may process, analyze, and permanently archive your personal data for surveillance purposes. We have no control over these processing activities.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
• If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in our Site Notice to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

4. Recording of data on this website cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

In some cases, it is possible that third-party cookies are stored on your device once you enter our site (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies, which are required for the performance of electronic communication transactions, or for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TTDSG); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be revoked at any time.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

TERMS OF USE FOR ACCESS TO PORTAL AND SERVICES 

February 2024 (Version 1.0) 

These Terms of Use for Access to Portal and Services (“Terms”) apply to your access to CGC Genomics AG’s (“CGC”) online portal (or other electronic communications functionality) that we may make available (the “Portal”) to use CGC’s cancer genomic profile interpretation services (“Services”). The Services are provided pursuant to a Master Services Agreement or other agreement (collectively, “Agreement”) between CGC or your or your organization. These Terms are incorporated into and are governed by the Agreement.  These Terms are effective as of the date of execution, as set for below (“Effective Date”). 

Please read and review these Terms carefully before accessing the Portal and using the Services because they create a legally binding contract between you and CGC. If you have questions regarding these Terms, please contact us via email at: info@cgc-genomics.com.  

ACCESS TO AND USE OF OUR PORTAL AND THE SERVICES ARE NOT AN ATTEMPT TO PRACTICE MEDICINE OR PROVIDE MEDICAL ADVICE AND SHOULD NOT BE USED TO MAKE A DIAGNOSIS OR TO REPLACE OR OVERRULE A QUALIFIED HEALTH CARE PROVIDER’S JUDGMENT. 

1. Accessing the Services 

CGC provides cancer genomic profile interpretation services to medical professionals, hospitals, laboratories, bioinformatic companies, insurance companies and other organizations providing medical services or conducting medical research.  To access the Services, CGC has or will make available a dedicated Portal (as defined in the AGREEMENT) for you or your organization to submit your NGS Genomic Profile Report and any related information (as a pdf file) for CGC’s analysis and, upon completion, download CGC’s resulting consolidated summary analysis and interpretation.  You are encouraged to use the Portal for reasons of security and protection of your data.   

2. Access by Authorized Users Only 

Access to the Portal and Services will be made available only to persons designated by you or your organization (“Authorized Users”) There must be an executed Agreement between you or your organization and CGC. Organizations contracting with us will be asked to provide the names of its Authorized Users. CGC will provide you with a Client-specific link to a Client-specific upload area on the Portal and other access credentials for the Services (“Credentials”). You are responsible for all use of the Portal and Services and for maintaining the confidentiality of the Credentials.  You must promptly notify CGC of any unauthorized access to or use of Credentials. CGC may discontinue, suspend, block, terminate or suspend your access to the Portal or Services at any time without notice for any reason in its sole discretion. 

3. Acceptable Use 

As a condition of your use of the Services, you represent and warrant to CGC that you will not use the Portal for any purposes except for the purposes expressly set forth in the Agreement (i.e., the Services). 

Without limiting the generality of the foregoing, you are expressly prohibited from doing any of the following: 

• Conduct or promote any illegal activities while using the Portal or the Services including, but not limited to: Attempt to gain access to secured portions of the Portal we make available or the Services to which you do not possess access rights; 
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; 
• Use the Portal or Services to generate unsolicited email advertisements or spam; 
• Harvest, collect, gather or assemble information or data regarding other Authorized Users without their consent; 
• Use any automatic or manual process to search or harvest information from Portal or the Services, or to interfere in any way with the proper functioning of the Portal or the Services or the data contained therein, including but not limited to, conducting any Distributed Denial-of-Service (DDoS) Attack; or 

• Impersonate another Authorized User. 

4. Privacy. 

The CGC Privacy Policy, available at: https://www.cgc-genomics.com/privacy-policy, identifies the information CGC collects when you access the CGC website, the Portal for transmitting the NGS Genomic Profile Report and CGC’s analysis and interpretation and how CGC uses and shares that information.   

You and CGC acknowledge and agree that no patient-identifying information will be exchanged under the Agreement. Prior to submitting a NGS Genomic Profile Report to CGC, you shall remove all patient-identifying information from the NGS Genomic Profile Report.   

You shall comply with all applicable laws, rules and regulations related to the circumstances under which prior notice and informed consent must be obtained from each patient prior to seeking the Services from CGC, the content of any such consent, and the manner in which genomic information and other “special” categories of personal information (including medical or health information) may be obtained, maintained, reported and/or disclosed. Further, you shall specifically identify CGC to and obtain informed consent from each patient to disclose the patient’s pseudonymized genomic and other relevant information to CGC for purposes of accessing and using the Services. 

5. Security 

You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, we cannot and do not guarantee the privacy, security or authenticity of any information transmitted over or stored in any system connected to the Internet.  Any third-party service providers are contractually obligated to protect the security of data we provide or they have access to. 

6. Violations of these Terms. 

If you violate the Terms, you agree that CGC may, in its sole discretion and without prior notice, terminate your access to the Portal or the Services. You also agree that any violation by you of these Terms, including incorporated policies, will constitute an unlawful and unfair business practice, and will cause irreparable harm to CGC for which monetary damages would be inadequate, and you consent to CGC to seek to obtain an injunctive or equitable relief that CGC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies CGC may have at law or in equity.  

7. Third-Party Content and Services 

The Portal and/or the Services may contain third party content or services, including any information available on or through any third-party website (collectively, “Third-Party Content”). CGC is not responsible or liable for, nor do we endorse, any Third-Party Content. We do not guarantee the accuracy, integrity, quality, or performance of any Third-Party Content. Further, we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Third-Party Content, or the goods, services, or information or the promotion thereof. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through t the Portal or the Services. 

In addition, you acknowledges that CGC may also distribute, use and provide your data to service providers who are contractually bound to act only on CGC’s behalf in providing their services to CGC; as well as to third parties chosen by CGC that may be used in order to provide various additional services (and enhancements), and which may be provided for your benefit (e.g., analytics services, and any other value-added services which may be offered by CGC from time to time in connection with the Services provided under the Agreement, as applicable).   

8. Support  

CGC will be reasonably available to provide you with its standard problem resolution and technical support in connection with your access to and use of the Portal and the Services (the “Support Services”).  You will have the ability to obtain Support Services from CGC at a dedicated email address (at: info@cgc-genomics.com. All Support Services will be provided by email. In addition to the foregoing, as part of the Support Services, upon request (email to suffice), CGC can provide additional support as reasonably needed over video chat or telephone to you.