Data protection (GDPR)
1) Name and contact details of the responsible person:
DNAthlete AG
Im alten Riet 40
9494 Schaan, Liechtenstein
Phone: +423 (373) 5515
E-mail address: info@dnathlete.li
2) Name and contact details of the company data protection officer:
Dietmar Karner, info@dnathlete.li
3) Types and use of processed data, purpose of use:
If you decide to participate in our DNA test, the personal data about you as well as the saliva or blood sample you send in and the personal health data obtained from them will be treated strictly confidentially and are subject to the provisions of the General Data Protection Regulation (GDPR). We use the following types of data for the following purposes:
a) We process your name, date of birth, your contact details (address, telephone number, e-mail address), information about the type of sport and discipline you practice and your supervisor/ coach and your club/association.
b) You transmit the saliva or blood sample taken from you directly to the laboratory commissioned by us. In order to obtain indications of your individual potential for performance optimization from your individual genetic blueprint (in particular by determining your individual nutritional type, your ability to regenerate, your susceptibility to injury and your psychological resilience), the genetic and biological data are analyzed exclusively for sports-relevant SNPs (single nucleotide polymorphisms) obtained from saliva or blood sample taken from you. The laboratory carries out the analysis and then sends us the results of the analysis. The data obtained from the analysis and the insights gained from it will be made available to you in the form of a report. Provided you give your consent, the data from the knowledge gained will subsequently flow into our extensive data pool in pseudonymised form, which is constantly being expanded. We use this to find sport and discipline-specific significance within the tested gene structures that could have a dominant effect on performance and success. On the one hand, this leads to a targeted accumulation of high-performance athletes and a promising allocation of sports and disciplines and, on the other hand, enables even more effective support and advice for athletes.
c) If you give your express consent to this, this report will also be made available (in non-anonymized and non-pseudonymized form) to your trainer/supervisor and/or the club/association to which you belong. This enables precise and effective advice and support, so that you can exploit your performance potential in the best possible way. We would like to point out that the responsibility for the use of the transmitted report then lies exclusively with these persons and DNAthlete AG cannot accept any liability for any unauthorized use or disclosure of your data by these persons.
4) Legal basis for processing the data:
The legal basis for the processing of your data pursuant to point 3) a) is Art. 6 para. 1 lit. b) of the General Data Protection Regulation (performance of contract), the legal basis for the processing of your data pursuant to point 3) b) and c) is Art. 6 para. 1 lit. a) and Art. 9 para. 2 lit. a) of the General Data Protection Regulation (consent).
5) Storage period:
The storage period of the saliva or blood sample provided by you at the contracted laboratory is 90 days. After evaluation of your saliva or blood sample, the data obtained from your saliva or blood sample will be included with your consent in pseudonymized form in the extensive data pool set up by us and thus serve statistical and scientific purposes. This pseudonymized data will be stored for as long as necessary for these statistical and scientific purposes. Your other data (name, date of birth, contact details, supervisor/trainer, club/association, etc.) will only be stored by us as long as this is necessary for the fulfillment of the contract with you or as long as there are legal or official retention obligations.
6) Transfer of your data:
For the processing of your data, it may be necessary for us to use order processors. If this is necessary for the fulfillment of your order or if you have given your prior consent to do so, we will disclose your personal data to the following recipients or categories of recipients:
(a) Contractual partners used to provide services (e.g. laboratories with which we cooperate, suppliers, transport companies, insurance companies),
b) Members of legal advisory and supporting professions (e.g. lawyers, tax consultants, auditors),
c) External IT service providers,
d) Financial and credit institutions for the processing of payment transactions,
e) courts and administrative authorities in case of disputes arising from the contract,
f) your trainers, coaches, your club and/or your association, provided that you have given your express consent to this.
The legal basis for the transfer in the above cases is the performance of the contract with you pursuant to Art. 6 (1) b GDPR or your consent pursuant to Art. 9 (2) a GDPR (item a), our legitimate interest pursuant to Art. 6 (1) f GDPR (items b-e) or your consent pursuant to Art. 6 (1) a or Art. 9 (2) a GDPR (item f).
As a rule, your data will not be passed on to persons or companies outside the EU or the EEA, unless otherwise stated in this data protection declaration (e.g. because you have consented to your data or the report produced being passed on to your association, which is based outside the EU or the EEA). If, in exceptional cases, data is nevertheless transferred to countries outside the EU or EEA, we will only transfer your data to countries for which the EU Commission has decided that they have an adequate level of data protection or we will take measures to ensure that all recipients have an adequate level of data protection, for which we conclude standard contractual clauses.
7) Your Rights/Revocation of Consent(s) Given:
Your participation in the DNA testing we offer is voluntary and you may withdraw your consent(s) at any time without any detriment to you. If you revoke your consent and thus terminate your participation prematurely, no more data will be collected about you. In this case, the processing that took place on the basis of the consent until the revocation remains lawful, but the samples and data collected up to that point will not continue to be used for scientific purposes and no further data will be collected.
You also have the following rights: Right to information from the controller about the personal data concerned, right to rectification, right to erasure, right to restriction of processing, right to object and right to data portability. If you believe that the processing of your personal data violates data protection law or your data protection rights have been violated in any other way, you have the right to complain to a supervisory authority.
The provision of your saliva or blood sample and your personal data is neither legally nor contractually required, but necessary for the fulfillment of the contract. However, if you do not provide your saliva or blood sample to us or to the laboratory with which we cooperate, or if you do not disclose your personal data, your participation in the DNA-test in question is not possible.