Terms and Conditions of the Service
These Terms and Conditions (“Terms”) govern the use of the Irish Roots Tracing website and all genealogy, historical research, archival research, record-retrieval, genetic genealogy, DNA interpretation, lineage analysis, living-relative research, Irish citizenship ancestry research and related services supplied by 7R4U E-Commerce LLC, trading as Irish Roots Tracing (“Irish Roots Tracing”, “Company”, “we”, “us” or “our”).
By accessing our website, purchasing a service, paying an invoice, submitting an intake form or questionnaire, supplying research material, or instructing us to commence work, you (“Client”, “you” or “your”) agree to these Terms.
Nothing in these Terms excludes, restricts or overrides any right or remedy that cannot lawfully be excluded under applicable consumer or data-protection law.
1. NATURE OF OUR SERVICES
Irish Roots Tracing provides independent professional genealogy and historical research services, which may include:
family-history and genealogical research;
civil, church, census, land, military and archival research;
historical record retrieval;
DNA and genetic-genealogy interpretation and triangulation;
lineage reconstruction;
living-relative and kinship research;
geographic, townland and migration research;
ancient lineage and clan research;
Irish citizenship and Foreign Births Register (“FBR”) genealogical research and document preparation assistance;
preparation of genealogical reports, family trees, dossiers and supporting research materials; and
related research and consultancy services.
The precise scope of an engagement is determined by the service purchased, written quotation, invoice, research proposal or other written agreement between us and the Client.
2. RESEARCH IS NOT A GUARANTEE OF RESULTS
Genealogical and historical research is inherently dependent upon the existence, survival, availability, accessibility, accuracy and interpretation of historical evidence.
Accordingly, Irish Roots Tracing does not guarantee that:
a particular ancestor, relative, record, certificate, location or family connection will be found;
a particular genealogical hypothesis will be proved;
surviving records are complete or accurate;
DNA evidence will identify a particular ancestor or relative;
a living relative will be located or will agree to communicate;
research will extend a family line to a particular generation or date;
a claimed connection to an ancient family, clan or historical person will be established;
an archive, registry, church, government authority or third-party database will provide requested material; or
any particular citizenship, passport, nationality, inheritance, probate or other legal application will succeed.
Fees compensate Irish Roots Tracing for professional research time, analysis, expertise, administration and agreed deliverables, not for a guaranteed research outcome.
A negative or inconclusive result constitutes a legitimate research result where reasonable professional research has been performed.
3. HISTORICAL RECORD LIMITATIONS
Historical records may contain errors, omissions, conflicting dates, alternative spellings, transcription errors, incorrect family information, illegitimacy, informal adoption, mistaken parentage and other inconsistencies.
Records may also have been lost, destroyed, restricted, sealed, incorrectly indexed or never created.
Our conclusions are professional interpretations based upon the evidence reasonably available to us at the time of research.
Irish Roots Tracing is not responsible for errors or omissions originating in archives, databases, family trees, government records, church records, DNA databases, publications, Client-provided information or other third-party sources.
4. PRELIMINARY CASE ASSESSMENT
Where specified on the website or in correspondence, a Preliminary Case Assessment must be completed before further research is commissioned.
The assessment examines information supplied by the Client and the apparent availability and feasibility of further research.
The assessment fee compensates us for professional time spent reviewing the case and is not dependent upon a successful research outcome.
Completion of an assessment does not guarantee that further research will be possible, recommended or successful.
Where we expressly offer to credit an assessment fee against a subsequent research package, the credit applies only in accordance with the conditions communicated at the time of purchase.
5. CLIENT INFORMATION AND RESPONSIBILITIES
The Client agrees to provide information that is accurate and complete to the best of their knowledge.
The Client must identify information that is speculative, uncertain or derived from an unverified family tree or other unverified source.
We may rely upon information supplied by the Client unless there is a reasonable reason to question it.
Irish Roots Tracing is not responsible for additional costs, delays, incorrect conclusions or unsuccessful research caused by inaccurate, incomplete, misleading or withheld information supplied by the Client or persons acting on the Client's behalf.
The Client agrees to respond reasonably promptly where additional information or authorisation is required.
6. INFORMATION ABOUT OTHER PEOPLE
Clients frequently provide information concerning relatives, ancestors and other persons.
The Client confirms, to the extent required by applicable law, that they are entitled to provide the personal information, documents, photographs, DNA information or other materials they submit to Irish Roots Tracing.
Clients must not knowingly provide information obtained unlawfully or by unauthorised access to another person's account, DNA results or private records.
Where information concerns a living person, Irish Roots Tracing may restrict its collection, disclosure or use where necessary to comply with privacy, data-protection, confidentiality or other legal obligations.
7. DNA AND GENETIC GENEALOGY
DNA and genetic-genealogy services involve particularly sensitive information.
Where applicable, DNA analysis may involve information supplied by the Client and information or match data made available through third-party genealogy or DNA platforms.
We do not conduct medical genetic testing and do not provide medical, diagnostic or health advice.
DNA-based genealogical conclusions are probabilistic and interpretive. Genetic relationships can be affected by database size, testing methodology, inheritance patterns, endogamy, pedigree collapse, algorithm changes, unidentified relationships and other factors.
No DNA conclusion should be interpreted as an absolute guarantee of biological relationship unless independently established to an appropriate scientific or legal standard.
Clients must not provide access to another person's DNA account or genetic information unless they are legally authorised to do so.
Where required by applicable data-protection law, processing of genetic data will be undertaken only where an appropriate lawful basis and an applicable condition for processing special-category data exist, which may include the Client's explicit consent.
8. UNEXPECTED OR SENSITIVE DISCOVERIES
Genealogical and DNA research can reveal unexpected information, including:
previously unknown biological relationships;
misattributed parentage or non-paternity events;
adoption or informal fostering;
unknown siblings or relatives;
children born outside marriage;
institutionalisation;
imprisonment or criminal proceedings;
workhouse, asylum or care records;
family separation;
disputed identity;
religious or ethnic background; or
other sensitive family circumstances.
Clients acknowledge this possibility before commissioning research.
Where we offer disclosure preferences, we will make reasonable efforts to follow the Client's selected preference.
Irish Roots Tracing cannot guarantee that potentially distressing information will always be identifiable as sensitive before it is encountered or that every indirect implication of historical or genetic evidence can be anticipated.
To the maximum extent permitted by law, we are not liable merely because accurate or reasonably interpreted genealogical research reveals information that a Client or another person finds unexpected, distressing or unwelcome.
9. LIVING-RELATIVE RESEARCH
A living-relative search is a research service only.
We do not guarantee that a person can be located, that contact information remains current, that the person identified is the correct relative, or that any person will agree to communicate with the Client.
Irish Roots Tracing may decline to disclose particular addresses, telephone numbers or other sensitive information where disclosure would, in our reasonable judgement, create privacy, safety, legal or ethical concerns.
We reserve the right to refuse or terminate any search that we reasonably believe is intended for harassment, surveillance, intimidation, debt collection, litigation abuse, unlawful tracking or another improper purpose.
10. IRISH CITIZENSHIP AND FOREIGN BIRTHS REGISTER SERVICES
Irish Roots Tracing may assist with genealogical research, record identification, record retrieval and administrative preparation relevant to Irish citizenship or Foreign Births Register applications.
Irish Roots Tracing is not the Irish Government, Department of Foreign Affairs, General Register Office, an immigration authority or a law firm.
Our services do not constitute legal or immigration advice unless expressly supplied by an appropriately qualified professional under a separate agreement.
Eligibility for citizenship and acceptance of any application or document is determined exclusively by the competent government authority under the law and administrative requirements applicable at the relevant time.
Irish Roots Tracing therefore does not guarantee citizenship, FBR registration, passport issuance, processing times, government approval or acceptance of any particular document.
Government rules, fees, documentary requirements and processing procedures may change without notice.
Clients remain responsible for reviewing and signing their application, making required declarations, obtaining witnessing or certification where required, paying government charges, and ensuring that information submitted to government authorities is true and complete.
11. THIRD-PARTY ARCHIVES, DATABASES AND SERVICES
Research may require the use of third-party organisations and services including archives, libraries, churches, registries, government bodies, genealogy databases, DNA platforms, payment processors, couriers and record providers.
Irish Roots Tracing does not control those third parties and is not responsible for their:
availability;
processing times;
database errors;
changes in fees;
service interruptions;
record restrictions;
account policies;
algorithm changes;
lost records;
delayed deliveries; or
acts or omissions.
Third-party charges may be payable in addition to our professional fees where stated in the service description, quotation or invoice.
12. FEES AND PAYMENT
Prices are those displayed or quoted at the time of purchase unless otherwise agreed in writing.
Payment is required in accordance with the relevant service description, invoice or quotation.
Research may be suspended until cleared payment is received.
The Client is responsible for bank charges, currency-conversion charges or foreign-transaction charges imposed by their own financial institution.
Government, archive, certificate, courier, subscription or other third-party charges are additional where expressly identified as such.
13. PRELIMINARY ASSESSMENT, CANCELLATION AND REFUNDS
13.1 Preliminary Research Assessment
A US$50 Preliminary Research Assessment fee is required before we accept a major research project.
This assessment allows Irish Roots Tracing to review the information provided and determine whether there are sufficient records and reasonable research avenues to proceed.
The US$50 assessment fee is non-refundable once the assessment has been completed.
If we recommend proceeding and the Client purchases the main research service, the US$50 already paid will be deducted from the total price of the main research package.
If we determine that the research is not reasonably viable and recommend that the Client does not proceed, no further payment will be required. The US$50 remains payment for the completed assessment.
A positive assessment means that reasonable research avenues exist. It does not guarantee a particular research result.
13.2 Cancellation of Main Research
Once the Client purchases the main research package:
Cancellation within 24 hours of payment: 100% refund of the main research payment, provided substantive research has not already been completed.
Cancellation between 24 and 48 hours after payment: 50% refund of the main research payment.
Cancellation after 48 hours: no refund.
If the commissioned research has already been completed and the report or results have been prepared or delivered: no refund, even if this occurs within 48 hours.
Any non-refundable third-party expenses already incurred specifically for the Client may be deducted from a refund where permitted by law.
Research fees pay for professional research, investigation and analysis, not for a guaranteed result. An unsuccessful, negative or inconclusive research outcome does not create a right to a refund.
13.3 Statutory Rights
This cancellation and refund policy applies except where mandatory consumer law gives the Client greater rights.
Where required by law, Clients who request that research begins immediately will be asked to expressly consent to commencement of the service during any applicable statutory cancellation period and acknowledge that their cancellation rights may be reduced or lost once the service has been fully performed.
14. RESEARCH TIMESCALES
Any completion date or research timeframe is an estimate unless expressly agreed in writing as a guaranteed deadline.
Research may be affected by archive opening hours, government processing, record availability, third-party response times, postal delays, database access, complexity of evidence and the Client's response time.
We will use reasonable efforts to perform services within the agreed or otherwise reasonable timeframe.
15. REPORTS AND DELIVERABLES
Reports reflect the evidence and information available at the date on which the research was conducted.
Later discovery of additional records, database changes, newly digitised collections, new DNA matches or corrected historical information may alter earlier conclusions.
Irish Roots Tracing has no continuing obligation to update a completed report unless additional research is separately commissioned.
16. INTELLECTUAL PROPERTY
Unless otherwise agreed in writing, Irish Roots Tracing retains ownership of its research methodology, analytical systems, templates, report structures, written explanatory material, graphics, website content and other original intellectual property.
Following full payment, the Client may retain, print and share their commissioned genealogical report for personal and family purposes.
The Client may not commercially reproduce, resell, license, publish for commercial gain, substantially copy, remove branding from, or represent Irish Roots Tracing's original professional work as the work of another researcher without prior written permission.
Third-party archival images, certificates, photographs, maps and database materials remain subject to any copyright, licensing or usage conditions imposed by their respective owners.
17. CLIENT-SUPPLIED MATERIAL
The Client retains ownership of material they provide to us.
The Client grants Irish Roots Tracing a limited licence to use, reproduce, organise and analyse that material solely as reasonably necessary to perform the commissioned services, comply with law and maintain appropriate business records.
We will not publicly publish a Client's private family tree, DNA information or private research dossier without permission except where disclosure is required by law.
18. CONFIDENTIALITY
We treat commissioned research and Client-supplied family information as confidential, subject to our Privacy Policy and applicable law.
Information may be disclosed where reasonably necessary to perform the requested service, to authorised service providers acting on our behalf, where the Client authorises disclosure, or where disclosure is required by law, court order or competent authority.
19. WEBSITE INFORMATION
Website content is provided for general informational purposes.
Although reasonable efforts are made to keep information accurate, historical information, government fees, application requirements, archive availability and third-party procedures can change.
Users should verify time-sensitive government requirements with the relevant official authority before relying upon them.
20. NO LEGAL, MEDICAL, FINANCIAL OR PSYCHOLOGICAL ADVICE
Unless expressly stated otherwise, Irish Roots Tracing provides genealogy and historical research services only.
Nothing on our website or in our reports constitutes legal, immigration, tax, financial, medical, genetic-health, psychological or therapeutic advice.
Clients should obtain advice from an appropriately qualified professional where such advice is required.
21. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
Subject to that qualification and to the maximum extent permitted by applicable law, Irish Roots Tracing shall not be liable for indirect, incidental, special or consequential loss arising from the use of our services or from genealogical discoveries.
Where liability may lawfully be limited, our aggregate liability arising from a particular commissioned service shall not exceed the amount paid to Irish Roots Tracing for the specific service giving rise to the claim.
This limitation does not apply to liability that applicable law prohibits us from limiting or excluding.
22. INDEMNITY FOR CLIENT MISUSE
To the extent permitted by law, the Client agrees to indemnify Irish Roots Tracing against third-party claims arising directly from:
material knowingly supplied by the Client without lawful authority;
unauthorised access supplied by the Client to another person's account or DNA information;
unlawful publication or misuse by the Client of information contained in our report;
harassment or unlawful contact initiated by the Client using research results; or
the Client's material breach of these Terms.
This provision does not require the Client to indemnify Irish Roots Tracing for our own unlawful conduct, negligence where liability cannot lawfully be excluded, or breach of applicable consumer law.
23. REFUSAL OR TERMINATION OF SERVICE
We may refuse, suspend or terminate an engagement where reasonably necessary, including where:
the requested activity appears unlawful or unethical;
the Client requests unauthorised access to personal or genetic information;
the Client supplies materially false information;
payment remains outstanding;
the Client engages in abusive or threatening conduct;
continuation could infringe another person's privacy or safety; or
a conflict or other circumstance makes responsible research impracticable.
Where we terminate an engagement without Client fault, we will address any unused prepaid professional fees fairly and in accordance with applicable law.
24. FORCE MAJEURE
We are not responsible for delay or failure caused by circumstances reasonably outside our control, including archive closures, government restrictions, internet or database outages, natural disasters, war, civil disturbance, industrial action, postal disruption, third-party system failure or similar events.
This provision does not affect statutory rights that cannot lawfully be excluded.
25. GOVERNING LAW
Subject to mandatory consumer protections applicable to a Client in their country of residence, these Terms and the contractual relationship with 7R4U E-Commerce LLC shall be governed by the laws of the State of Florida, United States.
Nothing in this provision deprives a consumer of mandatory protections or jurisdictional rights that cannot lawfully be waived by contract.
26. SEVERABILITY
If any provision of these Terms is found invalid, unlawful or unenforceable, that provision shall be interpreted or limited to the minimum extent necessary and the remaining provisions shall continue in effect.
27. NO WAIVER
Failure by Irish Roots Tracing to enforce a provision on one occasion does not constitute a waiver of that provision or any other right.
28. CHANGES TO THESE TERMS
We may update these Terms periodically to reflect changes in our services, business practices or applicable law.
The Terms applicable to a commissioned service will normally be those accepted when the contract was entered into, except where a change is required by law or expressly agreed between the parties.
29. CONTACT
7R4U E-Commerce LLC
Trading as Irish Roots Tracing
Email: contact@irishrootstracing.com
Website: irishrootstracing.com
Privacy Policy
This Privacy Policy explains how 7R4U E-Commerce LLC, trading as Irish Roots Tracing (“Irish Roots Tracing”, “we”, “us” or “our”) collects, uses, stores, shares and protects personal data when you visit our website, contact us or use our genealogy and research services.
Where the EU General Data Protection Regulation Regulation (EU) 2016/679 (“GDPR”) applies to our processing, including where the conditions of Article 3 GDPR are satisfied, we process personal data in accordance with the GDPR.
This Privacy Policy is intended to provide the information required by Articles 12, 13 and 14 GDPR.
1. WHO IS RESPONSIBLE FOR YOUR PERSONAL DATA?
The data controller responsible for personal data processed in connection with Irish Roots Tracing is:
7R4U E-Commerce LLC
Trading as Irish Roots Tracing
Email: contact@irishrootstracing.com
Website: irishrootstracing.com
A “controller” is the person or organisation that determines the purposes and means of processing personal data, as defined by Article 4(7) GDPR.
Where required by Article 27 GDPR, a controller established outside the European Union that is subject to Article 3(2) GDPR must designate a representative in the European Union, unless an applicable Article 27 exception applies.
If Irish Roots Tracing is required to appoint such a representative, the representative's identity and contact details will be published in this Privacy Policy.
2. WHAT IS PERSONAL DATA?
Under Article 4(1) GDPR, personal data means information relating to an identified or identifiable living natural person.
For our genealogy services, this may include:
name;
email address;
telephone number;
postal address;
date and place of birth;
family relationships;
family trees;
photographs;
correspondence;
identification and genealogical documents;
civil and church records;
census records;
land and property records;
military records;
immigration and migration information;
citizenship-related information;
information concerning living relatives;
payment and transaction information;
IP address and certain website information; and
DNA and genetic-genealogy information.
Deceased Persons
The GDPR does not itself apply to personal data concerning deceased persons, as explained in Recital 27 GDPR.
However, information concerning a deceased person may also reveal information about an identifiable living person. In that situation, the information relating to the living person may constitute personal data and will be handled accordingly.
National laws may also provide additional rules concerning information relating to deceased persons.
3. GENEALOGICAL INFORMATION WE MAY PROCESS
Depending on the research commissioned, we may process:
family trees;
names of ancestors and relatives;
birth, marriage and death information;
civil and church certificates;
census records;
immigration and passenger records;
military records;
land and property records;
wills and probate records;
historical addresses;
occupations;
photographs;
family correspondence;
citizenship-related documents;
publicly available genealogical information;
information obtained from archives and record repositories;
information concerning living relatives where relevant to the commissioned research; and
other information reasonably necessary to perform genealogical research.
We follow the principles of Article 5 GDPR, including data minimisation under Article 5(1)(c), meaning that personal data should be adequate, relevant and limited to what is necessary for the relevant purpose.
4. HOW WE OBTAIN PERSONAL DATA
We may obtain personal data:
directly from you;
from a person authorised to act on your behalf;
from documents and family trees supplied to us;
from public records;
from archives and libraries;
from civil and church registries;
from government and official record sources;
from genealogy databases;
from DNA and genealogy platforms where appropriate access has been authorised;
from historical publications and other research sources; and
from other lawful sources relevant to the commissioned research.
Where we collect personal data directly from you, the transparency requirements of Article 13 GDPR apply where applicable.
Where personal data concerning a living person is obtained from another source, Article 14 GDPR may apply.
Article 14 contains certain exceptions, including circumstances where providing the information proves impossible or would involve disproportionate effort, subject to the conditions and safeguards specified in Article 14(5).
5. WHY WE PROCESS PERSONAL DATA
We may process personal data to:
respond to enquiries;
conduct Preliminary Research Assessments;
provide commissioned genealogical research;
identify ancestors and family relationships;
search historical and genealogical records;
retrieve certificates and official records;
conduct authorised DNA and genetic-genealogy analysis;
conduct living-relative research;
prepare family trees and genealogical reports;
assist with genealogical documentation relevant to Irish citizenship or Foreign Births Register research;
communicate with Clients;
process payments;
deliver documents;
maintain appropriate business and research records;
protect our website and systems;
prevent fraud or misuse;
handle complaints and disputes;
establish, exercise or defend legal claims; and
comply with applicable legal obligations.
Under the purpose-limitation principle in Article 5(1)(b) GDPR, personal data must be collected for specified, explicit and legitimate purposes and not further processed incompatibly with those purposes.
6. OUR LEGAL BASES FOR PROCESSING
Where GDPR applies, processing of ordinary personal data must have a lawful basis under Article 6 GDPR.
Depending on the circumstances, Irish Roots Tracing may rely on:
Contract — Article 6(1)(b)
Processing may be necessary to perform a genealogy or research service you have commissioned or to take steps at your request before entering into a contract.
Legal Obligation — Article 6(1)(c)
We may process information where necessary to comply with a legal obligation applicable to us.
Legitimate Interests — Article 6(1)(f)
We may process personal data where necessary for our legitimate interests or those of a third party, provided those interests are not overridden by the interests, rights or freedoms of the affected person.
Depending on the circumstances, these interests may include:
providing and administering professional genealogy services;
conducting appropriate genealogical research;
communicating with Clients;
protecting our business and systems;
preventing fraud or misuse;
maintaining appropriate professional records; and
establishing, exercising or defending legal claims.
Where we rely on legitimate interests, we consider the nature of the information, the reasonable expectations of the affected individual and the potential impact upon their rights and freedoms.
Consent — Article 6(1)(a)
Where appropriate, we may process personal data on the basis of consent.
Where processing is based on consent, you have the right to withdraw your consent at any time under Article 7(3) GDPR.
Withdrawal does not affect the lawfulness of processing carried out before consent was withdrawn.
7. DNA AND GENETIC DATA
DNA and genetic information requires particular protection.
“Genetic data” is defined in Article 4(13) GDPR as personal data relating to inherited or acquired genetic characteristics of a natural person which provide unique information about that person's physiology or health and which result, in particular, from analysis of a biological sample.
Genetic data is classified as special-category personal data under Article 9 GDPR.
Article 9(1) GDPR generally prohibits processing genetic data and other special categories of personal data unless an applicable condition under Article 9(2) is satisfied.
Where Irish Roots Tracing relies on the Client's explicit consent to process genetic information for a commissioned DNA/genealogy service, the relevant special-category condition is Article 9(2)(a) GDPR.
An appropriate Article 6 lawful basis must also apply to the processing.
Where explicit consent is relied upon, the Client may withdraw that consent for future processing under Article 7(3) GDPR.
Withdrawal may mean that we can no longer continue the DNA-related research.
Irish Roots Tracing does not provide medical genetic testing, medical diagnosis or medical advice.
8. DNA AND GENETIC-GENEALOGY SERVICES
Where you commission DNA or genetic-genealogy research, we may process information such as:
DNA match information;
predicted genetic relationships;
shared centimorgan information;
chromosome or segment information where available;
match lists;
family trees associated with DNA matches;
ancestry or ethnicity estimates supplied by DNA platforms;
genealogical conclusions derived from DNA evidence; and
other genetic-genealogy information reasonably necessary for the commissioned research.
Where we rely on explicit consent for processing your genetic data, we will request that consent separately and clearly.
We will not:
sell Client DNA data to advertisers or data brokers;
use Client DNA data for unrelated advertising;
knowingly publish private Client DNA data without appropriate authority; or
use Client DNA information to provide medical diagnosis.
Our handling of genetic information is subject to the principles of Article 5 GDPR, the special-category requirements of Article 9 GDPR, and applicable security obligations including Article 32 GDPR.
9. INFORMATION ABOUT LIVING RELATIVES AND DNA MATCHES
Genealogical research can reveal personal information concerning people other than the Client.
This may include living relatives, DNA matches, biological relatives and other identifiable persons.
A Client's consent to the processing of their own personal or genetic data does not automatically constitute consent on behalf of another living person.
Where we process personal data concerning living third parties, we will consider the appropriate lawful basis under Article 6 GDPR and, where special-category personal data is involved, an applicable condition under Article 9 GDPR.
We seek to limit collection and disclosure of living-person information to what is reasonably necessary and lawful for the commissioned research.
We may decline to disclose a living person's precise address, telephone number, genetic information or other particularly sensitive information where disclosure would create privacy, safety, ethical or legal concerns.
10. SPECIAL-CATEGORY PERSONAL DATA
Genealogical records can sometimes reveal information concerning:
racial or ethnic origin;
religious or philosophical beliefs;
genetic information;
health;
sex life or sexual orientation; or
other information receiving enhanced legal protection.
These categories are addressed by Article 9 GDPR.
Where Irish Roots Tracing processes special-category personal data concerning a living person, an appropriate Article 6 lawful basis and an applicable Article 9(2) condition must be available.
We do not rely merely upon the fact that our work involves historical or genealogical research as an automatic exemption from Article 9.
11. THIRD-PARTY GENEALOGY AND DNA PLATFORMS
Research may involve third-party genealogy, DNA, archival, registry or record-retrieval services.
Where a Client authorises us to use information available through such a platform, the platform may process information independently under its own terms and privacy policy.
Irish Roots Tracing does not control processing carried out independently by another data controller.
Where an organisation processes personal data on our behalf as our processor, we will use appropriate contractual arrangements where required by Article 28 GDPR.
Clients should review the privacy settings and policies of DNA and genealogy platforms before uploading information or authorising access.
12. WHO WE MAY SHARE PERSONAL DATA WITH
Where reasonably necessary and legally permitted, personal data may be shared with:
website and hosting providers;
email and communications providers;
secure technology and cloud-service providers;
payment processors;
accountants and professional advisers;
archives, libraries and registries;
certificate and record providers;
researchers or contractors assisting with commissioned work;
courier and postal services;
government authorities where necessary or legally required; and
courts, regulators or law-enforcement authorities where disclosure is required by applicable law.
We seek to disclose only information reasonably necessary for the relevant purpose.
We do not sell Client personal data, private family trees or genetic information to advertisers or data brokers.
Information about recipients or categories of recipients is required, where applicable, under Articles 13(1)(e) and 14(1)(e) GDPR.
13. INTERNATIONAL DATA TRANSFERS
Irish Roots Tracing is operated by a United States company and provides international genealogy services. Personal data may therefore be processed or transferred outside the European Economic Area (“EEA”), including to the United States.
Where GDPR applies to a transfer of personal data to a country outside the EEA, the transfer will be handled in accordance with Chapter V GDPR (Articles 44–49).
Depending on the recipient and circumstances, an appropriate transfer mechanism may include:
an adequacy decision under Article 45 GDPR;
appropriate safeguards under Article 46 GDPR, including approved Standard Contractual Clauses where applicable; or
a permitted derogation for a specific situation under Article 49 GDPR, where legally appropriate.
Where required by Articles 13(1)(f) or 14(1)(f), information concerning applicable international-transfer safeguards will be made available to the affected person.
14. RETENTION, DELETION AND DISPOSAL OF RESEARCH DATA
Irish Roots Tracing follows the storage-limitation principle under Article 5(1)(e) GDPR and does not retain personal data for longer than reasonably necessary.
Research Files and Client Documents
Documents, certificates, photographs, family records, family trees, research working files and other personal information supplied or collected specifically for a Client's research will normally be retained for a maximum of 30 days after the completed research and final report have been delivered to the Client.
After this 30-day period, these materials will be securely deleted from our active systems or securely disposed of, unless:
the Client has commissioned or requested further research;
the information is reasonably required to resolve an active question, complaint or dispute concerning the completed service;
the Client has specifically requested and authorised a longer retention period; or
retention is required by applicable law.
DNA and Genetic Data
DNA and genetic-genealogy information will normally be securely deleted within 30 days after completion and delivery of the commissioned research.
Irish Roots Tracing does not retain Client DNA or genetic data indefinitely for possible future research.
If a Client commissions additional DNA research after their information has been deleted, the Client may be required to provide the relevant information again or re-authorise appropriate access.
Final Reports
Clients are responsible for securely retaining their final genealogy report and research results after delivery.
Irish Roots Tracing may securely delete its working and retained copies of completed reports after the 30-day retention period.
Clients should therefore download and securely retain their final report and any accompanying documents.
Physical Documents
Where original or copied physical documents containing personal information are held by Irish Roots Tracing and are not required to be returned to the Client, they will be securely destroyed or otherwise securely disposed of when no longer required and normally within the same 30-day period.
Original Client documents that are required to be returned will be returned where agreed.
Business, Payment, Accounting and Legal Records
Certain limited business records may need to be retained for longer than 30 days.
These may include:
invoices;
transaction records;
payment records;
records demonstrating the services purchased;
contractual records;
records of Client consent where legally relevant; and
information reasonably required for accounting, taxation, legal compliance or the establishment, exercise or defence of legal claims.
These records will be retained only for as long as reasonably necessary or required by applicable law.
They will not ordinarily contain the Client's DNA files or complete genealogical research material.
The retention periods and criteria described in this section are provided in accordance with Articles 13(2)(a) and 14(2)(a) GDPR.
15. DATA SECURITY
We use reasonable technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access.
This reflects the integrity and confidentiality principle under Article 5(1)(f) GDPR and the security requirements of Article 32 GDPR, where applicable.
The level of security applied takes account of factors including the nature and sensitivity of the information and the risks associated with processing.
Because DNA and genetic information is particularly sensitive, it requires an appropriately high level of care.
No internet transmission, email service or electronic storage system can be guaranteed to be completely secure.
16. YOUR DATA-PROTECTION RIGHTS
Where GDPR applies and subject to the conditions and exceptions contained in applicable law, you may have the following rights:
Right of access — Article 15 GDPR
You may request access to personal data we hold about you and information concerning its processing.
Right to rectification — Article 16 GDPR
You may request correction of inaccurate personal data and completion of incomplete data.
Right to erasure — Article 17 GDPR
In applicable circumstances, you may request erasure of your personal data. This right is subject to the conditions and exceptions contained in Article 17.
Right to restriction — Article 18 GDPR
You may request restriction of processing in circumstances specified by Article 18.
Right to data portability — Article 20 GDPR
In applicable circumstances, you may have the right to receive certain personal data in a structured, commonly used and machine-readable format and to transmit it to another controller.
Right to object — Article 21 GDPR
Where processing is based on legitimate interests under Article 6(1)(f), you may have the right to object to that processing on grounds relating to your particular situation.
Automated decision-making — Article 22 GDPR
You have rights concerning certain decisions based solely on automated processing that produce legal effects or similarly significantly affect you.
Withdrawal of consent — Article 7(3) GDPR
Where processing is based on consent, you may withdraw that consent at any time. Withdrawal does not affect the lawfulness of processing before withdrawal.
To exercise an applicable right, contact:
Under Article 12(3) GDPR, we will provide information concerning action taken on an applicable request without undue delay and in any event within one month of receipt, subject to any extension permitted by that Article.
We may request information reasonably necessary to confirm your identity before acting upon a request.
17. DIRECT MARKETING
Where personal data is processed for direct-marketing purposes, you have the right to object at any time under Article 21(2) GDPR.
Where you object to processing for direct marketing, the personal data will no longer be processed for those purposes in accordance with Article 21(3) GDPR.
Where marketing is based on consent, you may withdraw that consent at any time.
Opting out of marketing does not prevent us from sending communications necessary to administer or perform a service you have commissioned.
18. RIGHT TO COMPLAIN
Where GDPR applies, Article 77 GDPR gives you the right to lodge a complaint with a competent supervisory authority if you consider that the processing of your personal data infringes the GDPR.
Depending on the circumstances, this may include the supervisory authority in the Member State of your habitual residence, place of work or place of the alleged infringement.
You may also contact Irish Roots Tracing at:
Contacting us first is not a requirement and does not restrict your right to complain directly to a competent supervisory authority.
19. COOKIES AND SIMILAR TECHNOLOGIES
Our website may use cookies and similar technologies.
Cookies strictly necessary for the operation, security or functionality of the website may be used where legally permitted without consent.
Where consent is required for analytics, advertising or other non-essential cookies or similar tracking technologies, those technologies will only be used after the required consent has been obtained.
Cookie requirements in Ireland arise principally from the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336/2011), implementing the EU ePrivacy framework, together with the GDPR where personal data is processed.
Further information about cookies actually used by Irish Roots Tracing should be provided through our Cookie Policy and cookie-consent system.
20. AUTOMATED DECISION-MAKING
Irish Roots Tracing does not use solely automated decision-making intended to produce legal effects or similarly significant effects upon Clients.
Genealogical conclusions are based upon research and professional interpretation.
Where Article 22 GDPR becomes applicable to a processing activity, the relevant statutory rights will apply.
21. CHILDREN
Our professional services are intended to be commissioned by adults.
We do not knowingly invite children to submit DNA information or other sensitive personal information directly through our website.
Where commissioned genealogical research involves information concerning a child, we will apply appropriate safeguards and applicable data-protection requirements.
22. WHETHER YOU MUST PROVIDE PERSONAL DATA
Certain personal information is necessary for us to provide commissioned genealogy services.
For example, without sufficient names, dates, places, family relationships or other relevant research information, we may be unable to conduct a Preliminary Research Assessment or perform the requested research.
Payment and contact information may also be necessary to enter into and perform our contract with you.
Where applicable, information about whether provision of personal data is a contractual or statutory requirement and the possible consequences of not providing it is required by Article 13(2)(e) GDPR.
You are not required to provide information that is unnecessary for the service.
23. CHANGES OF PURPOSE
If we intend to process personal data for a purpose materially different from the purpose for which it was originally collected, we will provide the affected person with appropriate information before that further processing where required by Articles 13(3) or 14(4) GDPR.
24. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy when our services, processing activities, technology or legal obligations change.
The current version will be published on our website together with the date on which it was last updated.
Material changes affecting how we process personal data will be communicated where required by applicable law.