terms of service

INNOVATIVE FORENSIC INVESTIGATIONS
TERMS AND CONDITIONS

Prior to start of services of Innovative Forensic Investigations, all Investigative Agencies (“Agency”) must read and agree to the following terms and conditions which shall be legally binding terms:

1. The duties of Innovative Forensic Investigations shall include, but are not limited to the following:

i. The examination of single nucleotide polymorphisms (SNPS”) to determine shared blocks of DNA between the forensic sample provided by the Agency through a designated laboratory and the potential relatives of the forensic sample through the use of investigative genetic genealogy. Comparisons shall be made from researching and investigating the number of “cMs” shared between the forensic sample and potential relatives solely for the purpose of generating leads of subjects for the Agency to investigate further;

ii. The use of public record websites to verify the potential relatives of the forensic sample only in such ways to determine the geographical location of potential relatives and other research necessary as it relates to the Agency’s case and possible identification of the forensic sample;

iii. To create such investigative leads through the use of genetic genealogy services and websites where such users have consented to have their profiles used for law enforcement purposes or where such services have provided explicit notice to the service users the information provided by users may be used for law enforcement purposes;

iv. To use any and all information collected from the Agency including, but not limited to, any forensic or biological samples, only for law enforcement identification purposes and only conduct such research as necessary to determine identification and any potential leads.

v. To regularly updated and communicate with the Agency on any and all progress of research and investigative work completed;

vi. To provide report(s) to the Agency once Innovative Forensic Investigations has determined there is no further research and/or investigations that can be done in creating further leads. Such report(s) shall include a detailed description of the work conducted and any other information Innovative Forensic Investigations deems necessary to assist the Agency in the lead produced; and

vii. To comply with the policies, standards, and regulations of the Agency from time to time as established unless such requests shall interfere with federal law or the Agency’s state laws.

2. The duties of the Agency shall include but are not limited to the following:

i. Consultation with Innovative Forensic Investigations in determining the appropriate laboratory of sending the forensic samples to in order to create the SNP-based genetic profile for Innovative Forensic Investigations to use in providing its services;

ii. To obtain third-party biological samples when necessary for Innovative Forensic Investigations to continue its services in creating a lead through the use of consent or by such means in accordance with the laws governing the Agency;

iii. To use any and all information provided by Innovative Forensic Investigations solely for the purposes of generating leads involving Agency’s case;

iv. To regularly update and communicate with Innovative Forensic Investigations of any progress made of Agency’s investigation that may affect the services being provided by Innovative Forensic Investigations.

3. Agency further acknowledges and agrees that prior to seeking the services of Innovative Forensic Investigations, Agency has exhausted all other resources in creating a lead with the forensic sample including but not limited to:

3.2.1 Uploading the forensic sample to CODIS and subsequent searches of CODIS failed to produce a “probative and confirmed DNA match,”

3.2.2 All other reasonable investigative leads have been pursued and have failed to assist the agency in solving the case,

3.2.3 When necessary and application, uploading relevant case information into the National Missing and Unidentified Persons System and the Violent Criminal Apprehension Program national database, and

3.2.4 The Agency is seeking the assistance of Innovative Forensic Investigations involving either: a) an unsolved violent crime, b) unidentified human remains, c) sexual assault, or d) the case is one where the circumstances surrounding the criminal acts(s) present a substantial and ongoing threat to public safety or national security.

4. Innovative Forensic Investigations and Agency acknowledge and agree that all information shared is confidential and shall only be used for the purpose of identifying persons pursuant to these terms and conditions. The parties acknowledge that information shall not be used to determine any sample donor’s genetic predisposition for disease or any other medical condition or psychological trait.

5. Both parties acknowledge and agree to make known to the genetic genealogy services used that the service is being used for a law enforcement purpose and third-party samples shall only be uploaded after receiving consent and after complying with any other laws and procedures as in the usual course of business of the agency.

6. Except for disclosures required to be made to advance the investigation of the Agency, Innovative Forensic Investigations shall not disclose any information to any person or use any information outside of its organization for the benefit of Innovative Forensic Investigations or any other person, except with the prior written consent of the Agency or to comply with state or federal law.

7. Innovative Forensic Investigations and Agency shall maintain records of the persons to whom information is distributed, will inform all such persons of the confidential nature of the information, will direct them to treat such information in accordance with this agreement and subsequent confidentiality agreements between the parties, and will exercise such precautions or measures as may be reasonable in the circumstances to prevent improper use of the information.

8. Information that becomes publicly available or information that becomes available to Agency or Innovative Forensic Investigations on a non-confidential basis shall not be deemed a violation of these terms and conditions.

9. Termination of contractual services between Innovative Forensic Investigations and Agency shall not release either party from their respective obligations involving the confidentiality of information shared.

10. Innovative Forensic Investigations’ service obligations to Agency shall be deemed completed once any research, investigations, recommendations, and/or leads have been provided to the Agency in writing and the Agency has concluded their case through its policy and procedures.

11. These terms and conditions shall be construed in accordance with the laws of the State of Virginia.