SuperDNA Informed Consent
This Informed Consent reviews the benefits, risks and limitations of undergoing genetic testing as selected on your order form or in your account settings (“Service(s)”, or “SuperDNA Test(s)”, as described in further detail below) provided through SuperDNA Sdn. Bhd., and our affiliated companies, collectively referred to as “SuperDNA”, “we”, “us”, or “our”. It also explains how your information and sample will be used in connection with the Service. Throughout this Informed Consent, “you”, “your”, “me”, “my”, and “I” refer to the person whose information and sample is being provided for this Test. If you are a parent or guardian requesting a Test for a minor (as permitted by the TOS depending on your country of residence), “you” may also refer to “your child”, as contextually appropriate. By proceeding with the registration, you confirm and acknowledge that you have read, understood, and agree to this Informed Consent. You understand that the Service is voluntary and that you are not required to have the Service. Prior to proceeding with the Service and thereby agreeing to this Informed Consent, you (and your guardian or parent, as appropriate) may wish to speak with a healthcare provider about the Service.
What We Collect and How It Is Used
If you request a Service, you will be asked to provide your Personal Health Information (PHI). In order for the Service to perform as intended, you must provide accurate and correct information. If another person is submitting your PHI or related information on your behalf, by agreeing to this Informed Consent, you represent and warrant that such person is authorized to provide such information, and that all such information is accurate and correct. If you are providing personal information about your relatives, you also represent and warrant that you have obtained permission from such relatives to disclose such information to us.
You will also be asked to provide a DNA sample in accordance with our collection procedures. Your sample and PHI will be transferred to our laboratory. DNA will be extracted from the submitted sample and analyzed. Genetic data includes information about genes and regions relevant to the ordered SuperDNA Test. All genetic data may be used for regulatory compliance, and de-identified for internal quality control, validation studies, and research and development purposes. Reporting on genes and regions beyond those relevant to the ordered SuperDNA Test will not occur unless you consent to future products or services, or unless you opt into third party research and our research database as described below.
Upon successful completion of SuperDNA Test, you hereby request that a report be made available to you for review. You should consult with your healthcare provider about your results.
Benefits of the Services
Your disease and cancer categories test results may show you have an increased risk of developing certain types of hereditary disorders. Knowing this may help you and your healthcare provider make more informed healthcare decisions to prevent or detect hereditary disorders at an earlier and potentially more treatable stage. Because relatives share some genetic features, your results may also be informative to your biological relatives.
Your Family Planning test results may show you are a carrier of genetic conditions that could affect your family by analyzing the risk profile of potential conditions based on your genes. You may be carriers of genetic conditions without knowing about it. If both of you and your partner are carriers for a certain condition, in general there is a 25% chance that your offspring could develop a condition.
Your diet and fitness categories test results may give you further understanding of your own macro- and micronutrient needs, your response to power or endurance exercise and recovery speed and sports injury risk. Such insight may allow you to use your Genetic Information to explore personalised solutions to reach your fitness and nutritional goals. Genetics is only one part of the picture, and so the value comes from understanding your genetic profile so that you can make sustainable changes that support your own goals, lifestyle and environment.
Your drug response categories test results may give you insights to help you select the medication(s) and dose(s) that are best suited to your condition and genetic makeup. The results will identify the right medication, the proper dosage as well as medications that may be harmful for you across more than 100 FDA-approved medications. With this information, you can help inform your physician and/or pharmacist about the optimal medication and dosage based on your genes and prevent potential adverse reactions to drugs.
Risks of the Services
The Services includes a genetic test (“SuperDNA Test”) that may reveal to you sensitive information about your health, your personal traits, or potential risk for developing certain tested diseases or conditions. Depending on your country of residence, there may be significant differences in the laws and regulations governing the use and disclosure of genetic information, or there may not yet be any laws or regulations governing the use or disclosure of genetic information.
Limitations of the Services
Depending on the Service/SuperDNA Test you have selected, such Service or SuperDNA Test is intended to detect mutations within a specified reportable range of selected genes known to be associated with an increased risk for certain types of inherited disorders, personal traits, and/or associated with nutrient needs and exercise responses. However, SuperDNA Test may not detect every mutation associated with disease risk, and/or detect every mutation associated with exercise responses, nutrient needs or sensitivities.
Analysis of results is based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms that may be subject to change. New information may replace or add to the information that was used to analyze your results. Based on this new information and/or modifications to our laboratory informatics and algorithms, you understand and agree that we may, at its sole discretion, amend or modify your SuperDNA Test report. This may result in a change in your risk assessment; a reclassification of a mutation or a reported diplotype; or a change or update to a previously reported allele. You hereby irrevocably waive any and all claims against us for any amendment or modification of SuperDNA Test report and corresponding services in accordance with our standard operating procedures.
This report reflects the analysis of an extracted DNA sample. In very rare cases (circulating hematolymphoid neoplasm, allogeneic bone marrow transplant, recent blood transfusion), the results of SuperDNA Test will be interfered by the neoplastic or the donor DNAs and that the analysed DNA may not represent the patient’s constitutional genome.
SuperDNA Test is not designed to detect chromosomal aneuploidy or complex gene rearrangements, including translocation, large insertions, and inversions. It also does not reliably detect mosaicism. Information regarding genetic variations with no or unknown significant association with conditions may become evident (called Incidental Findings). SuperDNA’s policy is to not report or comment on any Incidental Findings that may be noted in the course of analysing the test data.
SuperDNA Test does not constitute a definitive test for the selected condition(s) in an individual. Besides genetic factors, environmental and other factors including age, gender, lifestyle, dietary factors, accumulation of somatic mutations in the genome, infection of the oncovirus, and / or a smoking history, etc., may also contribute to the development of different diseases or health conditions. SuperDNA Test is not a diagnostic test and should be used in context with other clinical findings by the healthcare provider to help with a diagnosis and treatment plan.
SuperDNA Test only reports the presence of inherited genetic variations of the selected genes, which were known to have association with development of certain diseases, health conditions or other traits. Other known mutations and genes not listed are not reported and SuperDNA Test may not detect all known mutations that results in abnormal biological activity. It is possible that untested site of variation may confer altered biological activity in an individual, leading to the rare possibility of a non-functional, decreased or increased functional allele being erroneously called as “wild-type”. SuperDNA Test only detects the DNA sequence in the protein-coding regions of the selected genes, DNA sequence other than the protein-coding regions or the selected intronic regions are not investigated by this test. SuperDNA Test results do not eliminate the possibility that the genetic variations may have risk of developing other diseases, including other cancers and carrier diseases.
Risk estimation for particular categories will only be provided with satisfactory data quality. All risk estimation is approximate, sometimes cannot be specifically calculated, and is based on previously analyzed cohorts. Risk estimation of particular categories are gender specific and they might only be applicable/available for certain gender. Risk estimation of particular categories are also population-specific, the estimated risks could be over- or under-estimated if you are not East Asian, Caucasian or South Asian. An elevated risk of particular categories is not a diagnosis and does not guarantee that a person will develop the characteristics of interests (i.e. disease or traits etc). Risk calculation is only based on the ethnicity and gender provided by you. Incorrect/inaccurate information will greatly affect the accuracy of the risk calculation.
Please note that this test does not provide diagnosis, or treatment. The report and comments are for informational purposes only and should not be interpreted as specific professional medical advice. This report is based on tested genes and mutations. Untested genes, mutations, non-genetic factors and accumulation of somatic mutations also influence your disease, health status and other characteristics. Environmental and lifestyle factors also often play a large role in the risk of developing diseases or health problems. Please speak with your healthcare provider for further advice and before making any changes to your diet or lifestyle or before making decisions about medical conditions, or before starting and stopping any treatment prescribed for you. This report is based solely on the sample and information provided to SuperDNA and does not take all factors related to your health into account. Therefore, SuperDNA’s employees shall have no liability to any person or entity with regards to claims, loss, or damage caused, or alleged to be caused, directly or indirectly, by the use of information contained herein.
Privacy and Data Security
Your privacy is important to us. We comply with the applicable requirements of the Personal Data Protection Act 2010 in Malaysia and other applicable regulations specific to Malaysia. By agreeing to this Informed Consent you acknowledge that such laws and regulations regarding collection, use, processing, and storage of your Information shall govern our performance of the Service and handling of your sample and information, even if they may differ from those of your country of residence.
You further agree that by providing your sample, you are not violating any export ban or other legal restriction in your country.
While we cannot guarantee that unauthorised access, disclosure, misuse or loss of Information will never occur, we implement and frequently review certain physical, managerial, and technical safeguards that are designed to protect the confidentiality, integrity and availability of your Information and to prevent information security incidents. In the event of a security incident or data breach, we will follow internal procedures to investigate the matter as well as comply with all applicable regulatory requirements.
You are responsible for maintaining the confidentiality of your login credentials for your account and you are responsible for all the activities that happen under your password and account. Sharing Self-Reported Information through surveys, or other features on our website, is voluntary and done at your sole risk. Unless due to gross negligence or misconduct on our part, we cannot take responsibility for any breach of your responsibilities, which includes but not limited to allowing others to access your account and password, or onwardly sharing or releasing publicly your Information and you will indemnify us and our affiliates against any liability or costs arising from claims by other people based on the access and use of your account.
Further details about our policies governing customer privacy and Information, including customer rights regarding such information, can be found at www.mySuperDNA.com/privacy, or will be made available to you upon request by emailing care@mySuperDNA.com.
Use Of Your Information
Upon completion of SuperDNA Test, you are requesting that your results be made available to you as specified in your account or order form. By agreeing to this Informed Consent, you also agree that your genetic information, PHI, and results can be shared with any healthcare provider that you designate. You also agree that we may communicate with you about your collection kit, order, results, account details, and other Test logistics and procedures.
We store your genetic sequencing and related data as required by applicable laws and regulations, and we may use this data to conduct subsequent testing or analysis in the event that (a) you consent to any new product or service offering; or (b) our review of medical literature and/or changes in technology indicate that such analysis is useful or necessary to confirm results provided.
We will retain the DNA sample only for the maximum duration permitted under applicable law or regulation (“Retention Period”), after which point it will be destroyed. Until such time that your sample is destroyed, we may de-identify your sample and use or store it for regulatory compliance purposes; internal quality control; laboratory validation studies; or, with your consent, research and development.
According to the Guidelines on Ethical Issues in the Provision of Medical Genetics Services in Malaysia 2019, the Ministry of Health (MOH) Malaysia prohibits discrimination in health coverage and employment based on genetic information. The genetic information protected by the law includes family health history, the results of genetic tests (including direct-to-consumer genetic tests), the use of genetic counselling and other genetic services and participation in genetic research. MOH generally prohibits health insurers or health plan administrators from requesting or requiring genetic information of an individual or the individual’s family members (up to fourth-degree relatives), and from using it for decisions regarding coverage, rates or pre-existing conditions.
If your employer / insurer has provided or paid for (in whole or in part) the Service, you acknowledge and agree that your de-identified results and PHI may be anonymized and/or aggregated and returned to your employer / insurer or its designee (e.g., plan administrator or pharmacy benefits manager) as a data analytics resource.
If your ordering provider is part of a clinic or health system, SuperDNA may provide such clinic or health system with your results and information, other sequencing data, PHI, and related analyses, for your clinic or health system’s use for treatment, payment, healthcare operations, data analytics, research or other purposes for which your clinic or health system has agreed to comply with applicable laws.
Data and Sample Use for Public mutation Databases, Regulatory Compliance, Internal Quality Control, Laboratory Validation Studies, Research and Development, and Publications:
- By agreeing to this consent, you acknowledge and agree that we may de-identify the sequenced and genotyped genetic information and aggregate this genetic information with de-identified genetic information from other clients. De-identification means that personal identifiers associated with your genetic information will be removed. The de-identified genetic mutations may be submitted by us to public mutation databases like ClinVar to advance scientific and/or medical research.
- You also agree that your genetic information, PHI, personal data, and results may be stored and used by us for regulatory compliance purposes.
- With your consent, your genetic information, PHI, personal data, and results may also be de-identified, stored and used for internal quality control; validation studies; research and development; and in publications authored by us, either on our own or in collaboration with academic or commercial third parties (which publications may include, for example, blinded pedigree diagrams or de-identified family history).
Additional Use Of Your Information
You can opt out of the use of your de-identified sample (if you have chosen to store it), genetic information, PHI, personal data, and results in our research with third party collaborators, and inclusion of such information in our research database us by emailing us at care@mySuperDNA.com.
Such third parties may include government, academic, or commercial third parties. We may engage in research with such third parties to develop new tests and inventions, or to validate and improve existing technologies or processes. You acknowledge and understand that we may receive financial compensation to conduct such research, which may include providing your de-identified data to such third parties.
Our research database supports research in genetics. We may de-identify your demographic, health history, and genetic information in order to aggregate it with other participants’ data and make it accessible, searchable, and downloadable from the database by researchers and the general public, for an indefinite period of time. Genetic information in the database may include mutations beyond those relevant to the product or service you consented to, but they will be de-identified. Participation in this database involves the possible risk that your information might become known to individuals outside of us, or that you may be identifiable from information in the database. We will attempt to protect your identity and preserve the confidentiality of your information, and will use commercially reasonable efforts to restrict any searches that identify you as a unique or rare carrier of any mutations.
You can opt out of such third party research and our research database by contacting us at care@mySuperDNA.com. However, if you have enrolled in a research and later decided to opt out, we cannot retract your de-identified sample (if you have chosen to store it), genetic information, PHI, personal data, and/or results from research already performed, or from previous releases of our research database that have already been published.
If any new tests, technologies, processes, or inventions are made as a result of the research activities described above (whether made by us or by a third party), you agree that you will not receive any compensation, nor will you have any right, title, and/or interest in or to such new or improved tests, technologies, processes, or inventions.
The sample being provided is mine and I am at least 18 years of age, or if consenting for someone else, I have the legal authority to consent for such person whose sample is being provided. If the sample being provided is from someone under the age of 18, I represent that I am the parent or legal guardian of the person being tested. I understand that if I am a Non-Asian Region customer under the age of 18 then the service is not available to me, regardless of permission from parents or guardians, and shall not proceed with this consent.
The SuperDNA Test is not intended to diagnose whether I have or will get a certain disorder, nor does it provide medical treatment. It is intended to tell me about certain hereditary risk of mine as indicated.
The reported results and information do not constitute medical advice by SuperDNA. I should not make any medical decisions or medication changes based on these results without speaking to my healthcare provider first. My healthcare provider remains ultimately responsible for all diagnosis and treatment decisions.
My sample will be analyzed for the genes and regions identified in the Service(s) selected. SuperDNA may also analyze additional genes and regions, up to and including the entire genome, and any other DNA present in the submitted sample. My genetic information, PHI, personal data and results may be stored and used by SuperDNA for regulatory compliance purposes. My pseudonymised sample , anonymised genetic information, PHI, personal data, and results may also be stored and used for internal quality control; validation studies; research and development; and in SuperDNA’s authored publications. Additional analysis and reporting of genes and regions beyond those relevant to the ordered Test will not occur, unless I consent to future products or services, or unless I opt into third party research and SuperDNA’s research database.
My sample and all my related personal information will be transferred to SuperDNA for analysis, use, processing, and storage, and will be subject to the laws, rules, and regulations of Malaysia.
All samples will be destroyed after the end of the applicable Retention Period.
I agree to the SuperDNA Terms of Service and Privacy Statement, which are available at www.mysuperdna.com, or upon request.
I confirm that all information provided is true and accurate. I agree that I have the authority to provide this consent. I understand that if I wish to withdraw consent, I may do so by contacting SuperDNA.