Privacybeleid MyHeritage

This Privacy Policy was last updated on October 11, 2018.
If you have not reviewed it since that date, please do so now.

Overview



MyHeritage is an online service that allows members to create family sites and profiles in order to build and print their family trees, share family photos, keep in touch with family members, perform DNA testing, receive genetic analysis, participate in scientific research and research their family history with advanced research tools (the "Service"). The Service is owned and operated by MyHeritage Ltd. (hereafter "MyHeritage", 'we', 'our' or 'us'). 'You' or 'your' means an adult user, over the age of 13, of the Service (in some countries the minimum age is 14, see the "Underage Users" Section in the Terms and Conditions), and/or an adult user over the age of 18 of the DNA Services (see the "Eligibility" Sub-Section under the Section "DNA Services" in the Terms and Conditions). The MyHeritage website (the "Website") is part of a group of websites that we own and operate (the "MyHeritage Website Group") which also includes MyHeritage.* websites on other top-level domains, Geni.com, WorldVitalRecords.com and FamilyLink.com

In this document (this "Privacy Policy") we provide information on what personal information is collected and why, as well as how we use the personal information to provide you with a personalized, relevant, user-friendly experience on the Website. We explain how you can view this personal information, control the way it is shared, or delete it.

Much of the personal information on our Website is uploaded by users for their own personal and private purposes. We recognize the sensitivity and confidentiality of information that may be disclosed by users in registering, making purchases from our Website, performing their family history research, performing DNA testing and receiving genetic analysis, and we are firmly committed to protecting your privacy.

By using this Website and the Service you are accepting the practices described in this Privacy Policy and the processing (including collecting, using, disclosing, retaining or disposing) of your information under the terms of this Privacy Policy. This Privacy Policy should be read in conjunction with the Terms and Conditions.

If we decide to change our Privacy Policy, we will issue an updated version of this Privacy Policy with an updated date legend (and notify you via email or by other appropriate means) so that you will be aware of what information we collect, how we use it and under what circumstances we disclose it in accordance with applicable law. If you do not consent to the Privacy Policy or to any changes thereto and as a result you would like us not to use or hold your information in accordance with the revised terms, you may contact us (see contact information at the bottom of this Privacy Policy) so that we will delete your information and/or account.

Whenever this Privacy Policy is modified in substance, the label "updated" will be displayed prominently next to the "Privacy Policy" link in the footer of the Website pages. The "updated" label will be removed after 30 days or when you visit the updated Privacy Policy to read it, whichever comes sooner.

Use of the Website following any changes constitutes your acceptance of the revised Privacy Policy then in effect. If you do not agree to this Privacy Policy, please do not use the Website.

The Service



Our mission is to help everyone discover, preserve and share their family history. We accomplish this by using the resources available on our websites and also through collaborating with our extensive number of users around the world. This may involve the collecting, processing, storing and sharing of personal information. We want to ensure that this is done in a responsible, transparent and secure environment that fosters your trust and confidence.

The Website serves as a worldwide platform for family history, allowing its users to (1) build their family trees and benefit from the synergies of having many family trees from all over the world in one central location, such as the ability to find Smart Matches between the family trees, and to allow users to search other users' family trees, and historical records, to benefit their family history research; and to (2) use DNA related services, including but not limited to (i) submitting samples for DNA extraction and processing, (ii) uploading a digital version of genetic information exported from other DNA services, (iii) receiving and interacting with genetic analysis provided by the Website and (iv) downloading the raw DNA data (collectively, the "DNA Services"). Unless explicitly indicated otherwise, the Service includes the DNA Services for all purposes of this Privacy Policy.

MyHeritage family sites

Most of the personal information on the Website is organized in family sites, each serving a family or a community of users with a shared family history background or research goal. Every family site is managed by a site manager – the user who created it, and may have site members as participants. Family sites typically contain one or more family trees, plus family photos and additional family-oriented content posted by the site manager and the members of the family site.

Within a family site, the Website provides convenient visual tools for building a family tree and adding information to family tree profiles. The Website also provides output tools for producing family tree charts and posters and for showcasing a user's family history to family members via slideshows and online reports. When building a family tree, the user decides which relatives to add to the family tree, whether to add deceased relatives, living relatives or both, and which information to include about them. Adding living relatives to the family tree requires the user to obtain their prior consent. Before adding living relatives below legal age to the family tree, the user must obtain the consent of their parent or guardian.

The user decides to what degree information on the family tree and other information from the family site will be visible to and discoverable by other users, by setting the Privacy Preferences (described in a detailed section below). The user decides whether to build the family tree on the Website on his/her own, or to make it a collaborative effort by inviting family members to assist, using facilities available on the Website for inviting members. If other members are invited, they make similar choices on entering information into the family tree. All information is entered into the Website directly and is not collected implicitly. The Website prevents information on living people in family trees from being disclosed to strangers, to protect privacy, and such information if entered will not be visible outside the family site or discoverable by search engines such as Google. There is one scenario in which living people in family trees may be seen by other users of the Website, typically relatives of these living people – see section "What are Smart Matches™ and how do they affect your privacy?", which describes how to prevent that scenario if it is a concern.
Living people may also be found on the Website in public records (e.g. the 1940 United States Federal Census collection), and in these cases they are allowed by applicable laws. Living people who are well-known celebrities (e.g. presidents, movie stars) can be found on the Website inside the Geni.com collection.

The personal information that you and other users enter is stored in the Website only for the purpose of delivering the Service to you and the other users, i.e. displaying the family tree, printing the family tree, searching historical records, and other genealogy features.

DNA Services

The DNA Services allow you to order MyHeritage DNA testing kits, submit DNA samples to us, allow us to make the acceptable use of such samples and the DNA markers, nucleotides, mutations or haplogroups ("DNA Results") resulting therefrom or submitted by you to the Website and receive outputs of the genetic analysis of the DNA Results which include the DNA Matches and Ethnicity Estimates (together, the "DNA Reports"). All provisions herein apply both to DNA Results produced from MyHeritage DNA kits, and DNA Results uploaded to the Website following an export from another DNA testing service.

DNA Badges
A DNA badge will be displayed in your online family tree, in the person card of any individual for whom you are the DNA Manager. This is an indication that this person had their DNA tested, but it does not provide other people with access to the actual DNA Results. You can disable DNA badges through your privacy preferences.

What personal information does the Website collect from you or about you?



We only collect information we believe is necessary for our legitimate business interests, including to provide you with the Service. Here is a list of the type of personal information we request, collect or you provide:

i) Name, Contact Information and Payment Details:
When you sign up for the Service, we ask for your name, gender and email address, as well as birth year and country. The birth year is collected to ensure that you comply with the Terms and Conditions with regards to underage and minor users. Users who are underage (below age 13, and in some countries, below the age 14, and with respect to the DNA Services, below the age of 18) must not use the Website, and users who are minors (below age 18) must obtain the written consent of a parent or guardian before using the Website. See the Terms and Conditions in this regard. The country is collected so that we can comply with local laws and regulations in your country of residence.

In addition we will need to know your postal address, phone number and payment details to facilitate payment and fulfillment for any subscription or purchases you may choose to make through the Website.

ii) Your Family and Others:
You may also post additional personal information about yourself and others in the course of doing your family research on the Website, e.g., adding a photo to a family tree. Personal information entered in the course of building a family tree may include any of the following:
* Names
* Gender
* Relationships
* Dates and places of events (e.g., birth, death, marriage, divorce, immigration, etc.)
* Photos, documents, video files, audio files and other media
* Email addresses, addresses and contact information
and more.

iii) DNA samples, DNA Results and DNA Reports:
By submitting DNA samples to us and/or DNA Results to the Website, you grant us a royalty-free, world-wide license to use your DNA samples, the DNA Results and the resulting DNA Reports, and any DNA samples and/or DNA Results you submit for any person from whom you obtained legal authorization and the resulting DNA Reports, to the minimum extent necessary to allow us to provide the Service to you. The license you grant to us is not perpetual, and it is revocable as you are able at any time to delete your DNA Results and DNA Reports permanently from the Website and to have us destroy your DNA samples.

DNA related information is generated and stored on the Website when you use the DNA Services, whether through direct submission of a DNA sample to MyHeritage or by submitting to the Website, DNA Results generated by another DNA testing service.

The DNA information includes:

All DNA samples are stored at our testing lab and may be kept by us unless or until circumstances require us to destroy the DNA sample, which you can request at any time by contacting us using the contact details below, or it is no longer suitable for testing purposes. We may store the samples for additional genetic testing (i.e., we may be able to provide more detailed and accurate DNA Results, DNA Reports and other outputs by additional genetic testing in the future, subject to your explicit approval).

Minors: the DNA Services are intended for adults only. We rely upon parents or guardians 18 years of age or older to determine if the DNA Services are appropriate for use by individuals under the age of 18. When a minor uses the DNA Services, the parent or guardian of that minor will be held responsible for the minor’s actions and are deemed to have consented to the use of the minor’s information by us. By submitting a DNA sample of a minor, you represent that you are the minor’s parent or legal guardian. We do not knowingly seek or collect personal information from minors. If we become aware that we have unknowingly collected personal information from a minor, we will make commercially reasonable efforts to delete such information from our databases.

When you provide us with any personal information, that personal information may be transferred to and stored by us in our secure data centers which may provide a different level of protection for personal information than in your country of residence. By providing us with personal or genetic information, you specifically consent to the transfer and processing of such information and its storage in our data centers. We take all adequate security measures to ensure the privacy protection of the personal information provided by you. We place great importance on the security of all personally identifiable information associated with our members. We have implemented commercially reasonable technical, physical and administrative security measures in place to attempt to protect against the loss, misuse, unauthorized access, alteration or disclosure of users' personal information under our control. For example, our security and privacy practices are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal information. We use secure server software to encrypt financial information you input before it is sent to us and we only work with labs and third parties who have met and commit to our security standards. While we cannot guarantee that loss, misuse, unauthorized access, alteration or disclosure of personal information will not occur; we use commercially reasonable efforts to prevent this. You acknowledge that you provide your personal information at your own risk and you acknowledge that in the event that you download your DNA Results: 1) such download will create a copy that is not protected by MyHeritage’s security and privacy settings; 2) such download and the storage of your DNA Results after you have downloaded it, shall all be made at your own risk; and 3) MyHeritage will not have any control over the downloaded DNA Results and shall not be liable to you or to any third party in connection with such download and/or storage.

If you choose to invite other family members or other users to view and edit your family tree, we will ask you for the individual's email address and name. You must first make certain that you have obtained their consent to pass on their details to MyHeritage. We will only use this information for the purpose of sending the individual his/her access details and will not use the information we collect as a result of this process for marketing purposes.

In addition you should also make sure that information or material you wish to place on the Website about anyone living is only posted with their prior knowledge and consent. If the person is under the legal age to enter into agreements (typically 18 years old), you represent that you have obtained the consent of the parent or guardian of the person under the legal age to enter into agreements. In all cases, you must make the implications of the consent clear to the person (or, if applicable, to the parent/guardian).

iv) Your Opinions and Comments:
If you participate in discussions on our message boards, or post messages on our blogs or Facebook accounts, we may capture that information.

v) Your Use of the Website:
While you use our Website, we may collect information based on your interaction with our Website or from the devices or computers you use to access the Website, including web log information, page views and IP addresses, all on an anonymized basis.

vi) Survey Answers:
The voluntary Surveys on MyHeritage (the "Surveys") collect, preserve and analyze self-reported information related to physical and other personal traits, demography, household, lifestyle, habits, preferences, hobbies and interests, opinions, family, occupation, health, psychological and cognitive traits and other similar information (collectively, the "Survey Research Information").

vii) Health Family Tree:
The Health Family Tree allows you to enter information concerning health conditions, physical traits and other personal traits about yourself and your immediate family members (collectively, the "Health Family Tree Information").

How do we use your personal information?



i) To provide the Service:
We primarily use your personal information to let you know about new features or other offers of interest from MyHeritage, or to address customer service needs and requests.

We also use your personal information to fulfill the purposes for which you have provided the personal information, such as displaying your family tree, calculating a relationship path between you and another relative, printing your family tree poster upon your request, processing your subscription; and with respect to the DNA Services - processing your DNA samples, conducting genetic analysis and providing you with the DNA Reports, and storing the DNA samples, DNA Results and DNA Reports. So that you get the most out of the Service, we will also use your personal information to serve you Smart Matches™ for your family tree, or to enable you and other members of the MyHeritage community to contact each other, to suggest relatives you may invite to your site as members, as well as to provide product and Website updates and newsletters. See section on Privacy Preferences below to learn how you can opt out or change your privacy preferences.

By providing us with personal information, you acknowledge the transfer of personal information to and in the United States and to the processing of personal information in the United States. You accept that the DNA samples will be stored in the United States as provided in the Terms and Conditions. MyHeritage will take appropriate steps to ensure that transfers of personal information are done in accordance with applicable law and carefully managed to protect your privacy rights and interests. Accordingly, transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights, such as an intra-group transfer agreement. You have a right to contact us for more information about the safeguards we have put in place.

ii) To verify your identity:
To verify and carry out financial transactions relating to payments you make online.

iii) To communicate with you:
We may communicate with you for the purpose of informing you of changes or additions to MyHeritage or of any of our products and services or to seek feedback from you on the Service. Our communications with you will primarily be via email, but may be made via telephone, direct mail or another method of communication in select circumstances. You may also receive promotional offers from us. If you do not want to continue to receive such emails from us, you may opt out at any time by using the unsubscribe link listed in the email or by changing your Email Preferences. See section on Email Preferences below to learn how you can opt out or change your email preferences. If you wish to opt out of other methods of communication, please contact us by the contact information below.

iv) For internal business purposes:
In order to improve the Website and the Service or to develop new products and services, we may use your personal information for internal data analysis, studying how the Website is used, identifying usage trends and determining the effectiveness of promotional campaigns.

v) To perform research:
If you voluntarily agreed to the DNA Informed Consent Agreement (the "Informed Consent") we may use the Survey Research Information, the Health Family Tree Information, DNA Results, DNA Reports and other DNA information for the purposes of research as specified in the Informed Consent.

If you agreed to the Informed Consent and voluntarily participate in any of the Surveys, we may use the Survey Research Information for the purposes of conducting research studies to better understand, among other things, the relation between genotypes and phenotypes. Discoveries made as a result of the Surveys may be used in the study of genealogy, anthropology, population genetics, personalized medicine, population health issues, cultures, trends (for example, to identify health risks, preventive measures, treatments, or spread of certain diseases), and other related topics. Survey Research Information is aggregated from multiple individuals. Personal identifiers (such as names, birth dates and specific locations, etc.) of those participants are removed. In publishing outcomes of studies resulting from the Surveys, only aggregated Survey Research Information without personal identifiers will be published or made available to the public. Your identity and the identity of your family members will not be disclosed by us in any publication of the Surveys research results. The aggregated information gathered from you and other users through the Surveys may be used in our marketing and advertisements, and such ads, emails, or promotional offers may be presented to you or targeted to you.

If you agreed to the Informed Consent and provide Health Family Tree Information, we may use the Health Family Tree Information for the purpose of conducting research. Discoveries made as a result of the Health Family Tree Information may be used in the study of genealogy, anthropology, population genetics, personalized medicine, population health issues, cultures, trends (for example, to identify health risks, preventive measures, treatments, or spread of certain diseases), and other related topics. Health Family Tree Information is aggregated from multiple individuals. Personal identifiers (such as names, birth dates and specific locations, etc.) of those participants are removed. In publishing outcomes of studies resulting from the Health Family Tree Information, only aggregated Health Family Tree Information without personal identifiers will be published or made available to the public. Your identity and the identity of your family members will not be disclosed by us in any publication of the Health Family Tree Information research results.

LEGAL GROUNDS FOR THE PROCESSING OF PERSONAL INFORMATION

Under EU data protection law, all processing of personal information is justified by a "condition" for processing. In the majority of cases, any processing will be justified on the basis that: