Informed consent

Before contracting the service provided by Mendel's Brain SL, you must read, agree to, and expressly accept the terms of this legal agreement and informed consent (hereinafter, the “ Consent ”). Specifically, through this Consent, you expressly state and accept: (i) understanding the process by which Mendel's Brain will provide the service; and (ii) being aware of the benefits, limitations, and potential risks associated—directly or indirectly—with it. It is necessary that you clearly understand: (i) the context of the genetic information to which you will have access through the provision of the service by Mendel's Brain; and (ii) the possible consequences of having access to such information.

PURPOSE OF THE GENETIC ANALYSIS YOU ARE REQUESTING FROM MENDEL'S BRAIN

The analysis and interpretation service provided by Mendel's Brain that you are requesting is designed for purely informational purposes, based on the scientific evidence available and used by Mendel's Brain. Specifically, through this service, you will be informed about aspects that contribute to the understanding of personality, behavior, intellectual abilities, sleep, and other interesting features. You expressly acknowledge and accept that the information obtained through the genetic analysis service you are requesting from Mendel's Brain is not intended to diagnose any condition, pathology, or disease and, under no circumstances, is it intended to replace the personalized and individualized care of any healthcare professional.

SALIVA SAMPLE PROVIDED TO MENDEL'S BRAIN

You guarantee that the saliva sample provided is yours. For the record, Mendel's Brain only provides services to individuals. In this regard, you guarantee that you are not acting on behalf of any third party, including, but not limited to, insurance companies, companies directly or indirectly related to the healthcare sector, or any other type of company or individual who might have an interest in obtaining information about an insured person, employee, manager, or any other person without the required prior authorization. Additionally, if you reside outside of Spain, by accepting this Consent or any other documents necessary for contracting the service, you expressly confirm that you are not subject to any legal prohibition or restriction, including, but not limited to, prohibitions or restrictions relating to sending saliva samples from your country of residence or, in general, any prohibitions or restrictions directly or indirectly related to contracting genetic services such as the one you are requesting from Mendel's Brain. Additionally, you acknowledge and accept that providing your saliva sample and processing your genetic data does not imply the acquisition in your favor of any right over the scientific research or the services or products that are developed by Mendel's Brain or by organizations or persons associated with Mendel's Brain.

SALIVA SAMPLES FROM UNDERAGED PERSONS PROVIDED FOR THE PROVISION OF SERVICES

If you are signing this document on behalf of a uderaged person, you declare that you hold parental authority over the person, that you are acting on their behalf, and that you have not been deprived of such parental authority by court order. You also declare that the saliva sample corresponds to the person you are representing. In the absence of parents holding parental authority, only the person exercising guardianship of the underaged may contract on their behalf and submit the saliva samples. Those contracting on behalf of the underaged must provide the necessary documents to prove their representation of the underaged and the statements made when formalizing the contract for Mendel's Brain services, declaring that they are authentic, complete, true, and up-to-date. In particular, but not limited to, the following must be provided: Family Book, parents' National Identity Documents, a certified copy of a court order, or a certificate from the Civil Registry.

DEOXYRIBONUCLEIC ACID ANALYSIS (HEREINAFTER, “DNA”)

You hereby authorize Mendel's Brain, its employees, administrators, directors, contractors, subcontractors, and collaborators to perform the requested DNA analysis services using the DNA extracted from your saliva sample. For your information, you are hereby informed that the data processing centers contracted by Mendel's Brain hold all the necessary health licenses to perform the analysis.

RESULTS OF GENETIC ANALYSIS (REPORT)

You authorize Mendel's Brain to transmit, in whole or in part, the results (report) of your DNA analysis to you and to any individuals you authorize in advance and in writing. You acknowledge and accept that the information provided by Mendel's Brain after performing your genetic analysis as requested may be positive or negative. Consequently, you recognize and accept that you are aware that this information may be unexpected and cause you emotional distress. However, you also acknowledge and accept that if your genetic information indicates a higher-than-average predisposition to a certain characteristic related to personality, intelligence, or sleep, it does not mean that you will inevitably possess that characteristic. Furthermore, you understand that as scientific research in genetics progresses, in order to more fully assess the meaning and information related to your DNA within the context of these advances, you may need to use these services again.

GENETIC COUNSELING

As a Mendel's Brain client, you will have access to an interpretation of your genetic analysis through the website mendelsbrain.com (or any other website enabled for this purpose by Mendel's Brain). However, should you require any further clarification or have any questions or concerns regarding your genetic analysis, you can contact Mendel's Brain at info@mendelsbrain.com, where specialized staff will address your concerns. In any case, as already stated, the service provided by Mendel's Brain is not intended to, and cannot, replace the personalized and individualized care of any healthcare professional.

PROTECTION OF YOUR GENETIC DATA

Your genetic information obtained as a result of the services provided by Mendel's Brain is subject to our Personal Data Protection Policy [to view this Personal Data Protection Policy, click here]. In short, as stated in this Personal Data Protection Policy, Mendel's Brain safeguards your right to store and access your genetic and personal information confidentially and securely. Regarding the genetic information of minors, only their parents, if they have parental authority, or their legal guardian, will have access to it. Minors will also have access if, upon reaching the age of majority, they request it and Mendel's Brain still holds it.

GENETIC DATA

The laboratory contracted by Mendel's Brain to process your saliva sample will analyze your DNA for the sole purpose of determining your genetic information. Neither the laboratory nor Mendel's Brain will look for any other agent, marker, or biological or chemical component in your saliva other than your DNA. Furthermore, the laboratory will not have access to any of your personal data (including your name and surname) as the data will undergo a de-identification process. A unique barcode will allow Mendel's Brain to link the genetic data derived from your saliva sample to your Mendel's Brain customer account. In any case, for added security, the DNA and saliva samples provided will be destroyed two (2) months after the requested analysis is completed.

SECURITY

In compliance with applicable regulations and Mendel's Brain's own internal policies, rigorous security measures will be employed to prevent unauthorized access to, modification, transmission, or destruction of your data. This security system includes regular audits of our systems and security measures.

CONFIDENTIALITY

In compliance with the provisions of Spanish regulations relating to the protection of personal data and, specifically, in accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data (hereinafter “LOPD”) and Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of the LOPD (hereinafter, the “LOPD Regulation”), Mendel's Brain informs you that the personal data you provide will be used in a completely confidential manner and incorporated into the corresponding files owned by Mendel's Brain duly registered in the General Registry of the Spanish Data Protection Agency (hereinafter, the “AEPD”), for the purpose of adequately providing the contracted service. Furthermore, in compliance with the provisions of the Spanish Data Protection Act (LOPD), you are hereby informed that you may exercise your rights of access, rectification, erasure, and objection with respect to your personal data held in Mendel's Brain's files by submitting a written request, providing proof of your identity, to Mendel's Brain. In the case of minors, their personal data and genetic information will also be used confidentially, always prioritizing the best interests of the child over any other consideration, in accordance with the provisions of Spanish Organic Law 1/1996, of January 15, on the Legal Protection of Minors. For more information, please consult our Personal Data Protection Policy by clicking here.

RESEARCH

Mendel's Brain is particularly sensitive to genetic research and has reached agreements to carry out studies and research with prestigious entities in the field.

For these purposes, we request your authorization to use, in a completely anonymous manner, the data collected by Mendel's Brain for transfer to the entities or individuals with whom the entity has reached the aforementioned agreements, so that they may have access to your raw genetic data as well as its interpretation, regardless of the country of origin. This data processing will always be based on the provisions of Article 9.2 j) of the GDPR.

□ I expressly authorize Mendel's Brain to transfer the anonymous data derived from the analysis of my DNA for any studies, research and statistics it deems necessary.

RISKS

Mendel's Brain understands that helping its clients access and understand their genetic information is of great interest to them. However, this process of accessing and understanding genetic information is complex and not without risks. You acknowledge and accept these potential risks. For illustrative purposes only, the following are several considerations that you should take into account and accept by providing this Consent before completing the Mendel's Brain service contract:

DISCOVERY OF UNEXPECTED INFORMATION

It is very likely that you will receive unexpected genetic information about yourself. This genetic information may cause emotional stress and, in some cases, could disrupt your life. In particular, you may discover things about yourself that could worry you. For example, that you have a higher-than-average tendency to exhibit a particular trait. In this regard, you have the right to revoke this consent at any time upon written request (this right does not exempt you from the financial obligations assumed when contracting the service with Mendel's Brain).

MINIMAL ERRORS IN THE ANALYSES

Without prejudice to the provisions of the following paragraph, you are hereby informed that Mendel's Brain follows rigorous quality protocols in the DNA analysis process. However, an extremely small percentage (<0.05%) of the data generated during the process carried out in Mendel's Brain's external laboratory may be incorrect or uninterpretable.

FUTURE GENETIC RESEARCH

Future scientific research in genetics may alter – totally or partially – the interpretation of your DNA, since new genetic markers may be discovered in relation to the risk of suffering from various conditions, pathologies or diseases.

DO NOT SHARE YOUR GENETIC DATA

Genetic data that you share with third parties – whether it comes from the service provided by Mendel's Brain or from other sources – could be used against your own interests.

You are hereby informed that Mendel's Brain strongly recommends that you do not share your genetic information with third parties (including family, friends, and colleagues). Even if you choose to share your genetic information with a healthcare professional, you run the risk that this information may become part of their medical record and, through this channel, could become accessible in the future to unintended third parties (for example, healthcare providers or insurance companies).

You acknowledge that even if you share minor or seemingly unimportant genetic information at the time it is shared, such information could be relevant in the future, when genetic research has advanced and new discoveries have been made (for example, the discovery of new genetic markers related to the risk of suffering from various conditions, pathologies and diseases).

In any case, you agree to: (i) assume responsibility for any consequences arising from sharing access to your genetic data with third parties; and (ii) indemnify and hold harmless Mendel's Brain, its employees, administrators, directors, contractors, subcontractors, collaborators, successors, and assigns from any liability arising from: (A) the use or transmission of any information provided by you and/or obtained as a result of the service requested from Mendel's Brain; and (B) the transmission or use of your genetic information or other personal data provided if you have provided such information to third parties—whether through intentional or inadvertent access, or by third parties for your diagnosis or other purposes.

RAW THIRD-PARTY DATA

SECURITY

At Mendel's Brain, privacy, confidentiality, and data security are paramount. For this reason, we utilize the most advanced security protocols and cutting-edge encryption technology, along with physical, technical, and administrative measures to maximize security in accordance with current legislation. All connections to and from our website are secured with the SSL cryptographic protocol.

1. Our servers and data are hosted in the cloud. This allows us to have multi-layered security systems with protection against DoS/DDoS attacks, the latest Cisco networking technology, and high-speed hard drives. All of this is complemented by backups of the servers, the database, and all Mendel's Brain data.
2. Our applications perform an automatic audit of changes, so any modification of the data is recorded so that action can be taken if it is not correct.
3. The confidential data of Mendel's Brain users is encrypted so that no relationship can ever be established between genetic information, people and their personal data, as it is stored in encrypted form and is only decrypted when necessary to ensure that no relationship can ever be established between genetic information, people and personal data.

However, although Mendel's Brain has made every effort to create a safe and reliable Site for you, the complete confidentiality of any communication, material, or personal information provided to Mendel's Brain through the Site cannot be guaranteed.

Information such as raw data and personal data may be stored as a backup or for recovery purposes. When a registered user on Mendel's Brain deletes or requests the deletion of raw data and/or profile information, copies of that stored information will be deleted no later than 30 days after the user's request.

RESEARCH

Provided you give us explicit consent, we may use your data in our own research, to develop or improve applications.

At Mendel's Brain, we are convinced that each individual contribution, combined with tens of thousands of others, can make a difference and help to make amazing scientific discoveries.

Your contribution through surveys or forms, along with your genetic information and combined with that of many other people, can make a difference in research.

EMAIL ADDRESSES

All individuals who register on the Site must provide a valid email address to receive communications and notices from Mendel's Brain. You agree to maintain the security of your login information and keep your email address up to date.

DNA DATA

The raw DNA data uploaded to Mendel's Brain is the property of the person who uploaded it. When you upload a file, you will be assigned a kit number at the end of the upload process. This number is unique to your individual raw genetic data and will be used on this Site to identify your data. If you wish to contact the Site administrator regarding your data, you must provide the kit number associated with your data. You may request the deletion of your personal data at any time by contacting us at info@mendelsbrain.com.

USE OF THE RESULTS

The nature of behavioral research requires the sharing of information. This sharing must also be based on respect for the rights and privacy of other individuals. Anyone found using this Site without adhering to this principle will be subject to immediate banning and deletion of all their data. Examples include, but are not limited to, spam mailing lists, posting other people's usernames or other personal information without their permission. If the relevant permission is not obtained from the individual in question, any personal information (including, without limitation, username and kit number) must be deleted before republishing the results. The determination of any violation of this principle will be at the sole discretion of the administrators of Mendel's Brain.

We cannot guarantee that users will not find other uses, from those described below to new ones, both genetic and non-genetic. For example, some of these potential uses of raw data, personal information, and/or genetic data by any registered Mendel's Brain user include, but are not limited to:

• Revealing identities;
• Finding genetic matches (individuals who share DNA);
• Paternity and maternity tests;
• Discovery of unknown or unidentified children, parents or siblings;
• Discovery of other genetic and genealogical relatives, both known and unknown or unexpected
• Discovery of ethnic origin;
• Discovery of a genetic relationship between the parents;
• Discovery of biological sex;
• Discovery of medical information or physical traits;
• Obtaining an email address; and/or
• Family search by third parties, such as law enforcement, to identify the perpetrator of a crime or to identify human remains.

You understand that future behavioral and non-behavioral uses may be developed, including uses that Mendel's Brain cannot predict or foresee. If you find any of these current or future uses unacceptable, do not provide raw data to Mendel's Brain and delete any raw data you have already provided to this Site. Our policy is never to provide your genealogical data, personal information, or email address to third parties, except when you submit your data for research projects. You have the right to access the personal information that Mendel's Brain has collected about you. You can do this at any time by contacting us at info@mendelsbrain.com

• Request not to receive any further contact from us in the future;
• See what information we have about you, if any;
• To change, correct, or have us delete any information we hold about you (including personal information, raw data, and genealogical data); and
• Express any concerns you may have about how we use your information.

ACCURACY OF RESULTS

The results of the analyses and comparisons presented on this Site are provided "as is," and no representation is made as to their accuracy or usefulness. Changes to the software and analysis tools may occur from time to time, which could alter the results provided above. We make no promises regarding: (a) the functionality of the Site or the tools on the Site; or (b) the quality, accuracy, reliability, or availability of the Site, including any personal information, raw data, or genealogical data submitted to the Site. Your reliance on information found on the Site is strictly at your own risk. We disclaim all liability arising from reliance on such information by you, any other visitors to the Site, or anyone who may become aware of its contents. The operators of this Site are not responsible for the consequences of using the information provided on this Site.

SERVICE TERMINATION

Anyone wishing to have their raw data removed from the Mendel's Brain database can do so by requesting the deletion of their personal information at any time by contacting us at info@mendelsbrain.com.

Mendel's Brain administrators reserve the right to delete any raw data or personal information from the database, for any reason, at any time, with or without prior notice. Any or all of Mendel's Brain's services may be terminated at any time, without prior notice, for any reason, at the sole discretion of Mendel's Brain administrators.

DATA LOSS

The operators of Mendel's Brain will not be liable for the loss of raw data, whether as a result of mechanical failure, software malfunction, human error, or any other means.

FUTURE

We cannot predict what the future holds for DNA research. We cannot predict what the future holds for Mendel's Brain. It is possible that, in the future, Mendel's Brain may merge with or transfer its operations to other individuals or entities. If this occurs, the operational staff of Mendel's Brain will change. Mendel's Brain reserves the right to provide access to your data (including raw data, genealogy data, profile information, and other personal information) to those other individuals or entities, which may include individuals not currently involved in the operations of Mendel's Brain. This Policy will continue to apply to the Site until you receive notification of changes to it. If this possibility is unacceptable to you, you agree not to provide your personal information or raw data to Mendel's Brain. If you have already provided personal information or raw data, you agree to delete it from Mendel's Brain immediately.

LIMITATION OF LIABILITY

Mendel's Brain shall have no liability to you under this Policy, it being acknowledged and agreed that the Site is provided solely for your convenience. If the foregoing limitation of liability is deemed unenforceable, Mendel's Brain's liability to you for any cause of action arising out of or relating to the Site or under this Policy shall be limited to any amount paid by you to Mendel's Brain for the Site during the twelve (12) months preceding such cause of action. Notwithstanding any provision to the contrary contained herein, this Policy shall not limit or exclude either party's liability for gross negligence or willful misconduct by either party or its agents or employees, or for death or personal injury. The parties agree that the limitations and exclusions of liability in this Policy were freely negotiated and are an integral part of the agreement, in that the Site would not have been available at the same price and on the same terms and conditions had such limitations and exclusions of liability not been included in this Policy. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Additionally, some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

COMPENSATION

You agree to indemnify, defend, and hold harmless Mendel's Brain and any of its affiliates, successors, and assigns, and their respective officers, directors, employees, volunteers, contractors, consultants, agents, representatives, licensees, advertisers, suppliers, and service providers from any and all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, arising out of or relating to your violation of this Policy or your use or misuse of the Site. We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

LEGAL INFORMATION

In this section, we have included some legally required disclosures under GDPR privacy laws. We use European Data Protection Law with all our clients to ensure the highest level of privacy.

For this section, we use the terms “personal data” and “processing” as defined in the GDPR, but “personal data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that may be taken in relation to the data, such as collection, use, storage, and disclosure. Mendel’s Brain will be the controller of your personal data processed in connection with Mendel’s Brain’s services.

PERSONAL DATA OF UNDERAGED PERSONS (UNDER 18)

At Mendel's Brain, we only accept the registration and processing of data from underaged persons if an adult requests to open the account and proves to be the father, mother, or legal guardian of said person.

We do not knowingly collect or solicit personal data from children under the age of 18. If you are under 18, please do not attempt to register with Mendel's Brain or use it in any other way, and do not send us any personal data. If we become aware that we have collected personal data from a child under 18, we will delete that information as soon as possible. If you believe that a child under 18 may have provided us with personal data, please contact us at info@mendelsbrain.com.

Accounts belonging to users under 18 years of age on the platform have been registered by first-degree relatives. To do so, they have had to provide supporting documentation. This documentation is reviewed by Mendel's Brain staff to verify the first-degree relationship.

These accounts are under the responsibility of your immediate family members. Mendel's Brain is not responsible for the misuse of these accounts by said family members.

RIGHTS OF THE INTERESTED PARTY IN THE EU

You have certain rights regarding your personal data, including those outlined below. For more information about these rights, or to make a request, please email us at info@mendelsbrain.com. Please note that in some circumstances, we may not be able to fully comply with your request, for example, if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law. However, in such circumstances, we will still respond to notify you of our decision. In some cases, we may also require you to provide additional information, which may include personal data, if necessary to verify your identity and the nature of your request.

• Access : You can request more information about the personal data we hold about you and request a copy of that personal data. If you are an account holder, you can also access some of your personal data by logging into your account.
• Rectification : If you believe that any of the personal data we hold about you is incorrect or incomplete, you can request that we correct or complete it. You can also correct some of this data directly by accessing your account.
• Deletion: You can request that we delete some or all of your personal data from our systems.: Puede solicitar que borremos algunos o todos sus datos personales de nuestros sistemas.
• Withdrawal of consent : If we are processing your personal data based on your consent (given at the time of data collection), you have the right to withdraw your consent at any time.
• Data portability : You can request a copy of your personal data in a machine-readable format. You can also request that we transmit the data to another data controller where technically feasible.
• Objection : You can contact us to let us know that you object to our continued use or disclosure of your personal data for certain purposes.
• Restriction of processing : You can ask us to restrict the further processing of your personal data.

TRANSFER OF PERSONAL DATA

The Mendel's Brain service is operated by Mendel's Brain SL, a company based in Europe. You acknowledge that any personal data you submit to or that is collected by the Mendel's Brain service is received by Mendel's Brain in Europe and stored on European servers operated by Mendel's Brain SL or its service providers. This is necessary for Mendel's Brain SL to provide you with the Mendel's Brain services as requested by you and as set out in these Terms of Service and Privacy Policy. If you do not wish for your data to be processed and stored in Europe, please do not use the Mendel's Brain services. Mendel's Brain SL takes the protection of your personal data very seriously and processes it in accordance with the importer's obligations under the European Commission's Standard Contractual Clauses for transfers of personal data between controllers (as updated periodically by the European Commission).

DATA RETENTION

We retain your personal data for as long as you have an open account with us or as long as necessary to provide you with Mendel's Brain services. See the "Privacy and Security" section for more information.

UPDATES TO THIS POLICY

We may update Mendel's Brain's Terms of Service and Privacy Policy at any time. We will notify you of updates by posting a notice on the Site. You agree to review the updated Terms of Service and Privacy Policy, and by continuing to use the Site after we have posted a notice about the update, you agree to the changes to Mendel's Brain's Terms of Service and Privacy Policy.