Please Review This Notice Carefully

OUR COMMITMENT TO YOUR PRIVACY:

Open Fertility (“our practice,” “our,” or “we”) operates the https://openfertility.com website (hereinafter referred to as the “Site”). Our practice values and respects the privacy of its customers and visitors. The purpose of this Privacy Policy is to provide you with information about Open Fertility’s practices with respect to the collection, processing, use, storage, and disclosure of information when you use our Site. This Privacy Policy also describes the choices you can make about our use of your information.

We may update or modify this Privacy Policy at any time, by posting the amended version including the effective date of the updated version. We will announce any material changes to this Privacy Policy through an alert on our website and/or via email. By using the Site and accepting these terms, you agree to the terms of this Privacy Policy and the collection and use of information in accordance with this Policy. If you do not agree to be bound by this Privacy Policy, you should not access or use our Site or disclose any personal information through our Site. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use.

HOW TO CONTACT US.

You can update your preferences and information by updating your contact information through our Site or contacting us at the e-mail address or phone number below. Additionally, if you have any questions or concerns about our use of your Personal Information (defined below), please do not hesitate to contact us through any of the methods below.

Phone: (916) 907-0050

Email: [email protected]

You can write to us at:

Open Fertility

1 Daniel Burnham Ct., Suite 110C

San Francisco, CA 94109

PERSONAL INFORMATION.

While using our Site, we may ask you to provide us with certain personally identifiable information (“Personal Information”).  Personal Information is information about a natural person who is either identified or who can be identified from data provided by you or that comes into our possession.

We collect information from you both when you provide it voluntarily and also automatically when you use our Site.  We may also collect Personal Information from other sources, as described below.

We collect Personal Information from you and any devices (including mobile devices) you use when you: use our Site, register for an account with us, register for our mailing list, book a consultation, provide us information on a web form, update or add information to your account, when you otherwise correspond with us, engage or connect with us through one of our social media pages, or chat with a patient support representative.  Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your Personal Information.

In addition, we also collect Personal Information about you from third parties in connection with our Site, including from the following sources:

• Data analytics service providers
• Email, chat and other communications service providers
• Customer service providers
• Advertising providers
• Social media platforms
• Promotional partners

Please note that when you apply for a job through our website, you submit your Personal Information to Indeed, a third party recruiting service, subject to the separate Terms and Conditions and Privacy Policies. Please carefully review those policies before submitting your Personal Information.

INFORMATION WE COLLECT

HOW WE USE INFORMATION

We use information we collect for our business purposes, including:

• To respond to your questions and requests.
• To optimize the display of the Site on your device.
• To create, maintain and personalize your account with us.
• To provide, maintain, personalize, and improve our Site.
• To provide customer and patient support.
• To notify you about changes to our Site.
• To monitor the usage of our Site.
• To allow you to participate in interactive features of our Site when you choose to do so.
• To gather analysis and assess trends and interests.
• To detect, prevent, and address technical issues.
• To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.
• To provide you with advertising content in which we think you will be interested. As part of this customization, we may observe your behaviors on this Site or on other websites. We may also get information about your browsing history from our trusted business partners and vendors.
• To help maintain the safety, security, and integrity of our Site and technology assets.
• As otherwise described at the time your Personal information is collected.

SHARING YOUR INFORMATION

We share non-Personal Information with third parties at our discretion. We do not sell Personal Information. In connection with our Site, we may share your Personal Information with certain third parties who we engage to help us run our business and perform the services, including under the following circumstances:

• Software and service providers we use to manage and process your information, for example, providers of payment processing software (e.g., payment processing software).
• Web analytics providers who monitor and analyze the use of our Site.
• Marketing service providers we use to communicate with you.
• Advertising service providers we use to assist us in providing personalized advertising.
• Hosting providers that provide database storage for our business.
• Other third parties that you expressly request us to share your Personal Information with.

Additionally, we will share your Personal Information with third parties where required by law, where it is necessary in connection with our Site or services, or where we have another legitimate interest in doing so.

Most of the third parties with whom we share your Personal Information are located and store your information in the United States, although some may be located or store your information outside of the United States. These third parties are only permitted to use your Personal Information to the extent necessary to enable them to provide their services to us and are required to follow our express instructions and to comply with appropriate security measures to protect your Personal Information.  [You will have a choice (opt-in or opt-out) before we share your information with third parties for marketing purposes.]

If we are subject to a merger or acquisition with/by another company, we may share information with the other company in connection with the transaction and your Personal Information may be transferred to such company upon the completion. Such acquiring company’s right to use your data shall be limited to the terms of this Policy unless additional notice is provided to you.

HOW WE SAFEGUARD YOUR INFORMATION

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk.

HOW LONG WE STORE YOUR INFORMATION.

We will retain your Personal Information only for as long as is necessary for the legitimate business purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups.

We also will retain Usage Information for internal analysis purposes. Usage Information is generally retained for a shorter period of time, except when Usage Information is used to strengthen the security or to improve the functionality of our Site or services, or we are legally obligated to retain Usage Information for longer periods.

YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION

Marketing Preferences. You can opt out from receiving future marketing communications from us at any time by using the unsubscribe function in the email you receive from us, or contacting us as set forth under “How to contact us” above. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, asking you to review a product or service you have ordered, or notifying you of product recalls. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.

Personalized Advertising.  If you do not wish to participate in our advertising personalization programs, you can opt-out by following the directions provided within the applicable advertisement[, through your Site account settings], or through disabling ad cookies through your browser settings. You may also opt out of receiving interest-based ads from Amazon, Facebook and Google. You will continue to see ads on each platform, but they will not be personalized as a result of your actions on our website. Please visit the links below if you wish to opt out or update your preferences:

• Amazon: https://www.amazon.com/adprefs
• Facebook: https://www.facebook.com/ads/preferences
• Google AdWords: https://adssettings.google.com/authenticated?hl=en

As noted above in “The Information We Collect,” you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with our Site may be impaired and some features may not work as they were intended.

Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy.

You can choose to limit the data that third party services (e.g., social media platforms) share with us using the options provided to you by the applicable third party service (for example, the options provided by a third party social media platform when you connect your social media account with our Site).  You can also disconnect your use of our Site from the third-party service at any time using the options provided to you by the applicable third-party service.  Please note, however, that if you disconnect from the third-party service, that will not delete the data we may have previously collected while you were connected.

Depending on where you live, you may have certain rights with respect to Personal Information that we have collected and used under certain circumstances, which may include the following:*

• The right to request the following information regarding our use of your Personal Information:
  • The categories of your Personal Information that we have collected
  • The purposes for which we have collected or used such Personal Information
  • The categories of sources for the Personal Information we have collected about you
  • The categories of third parties with whom we have disclosed your Personal Information
  • If we have disclosed your Personal Information for a business purpose, a list identifying the Personal Information categories that each category of recipient obtained
  • If we have sold your personal information, a list identifying the Personal Information categories that each category of recipient purchased
• The right to receive a copy of your Personal Information.
• The right to request us to erase your Personal Information when we no longer need such data in connection with our Site (subject to certain exceptions that may apply under applicable law).
• The right to opt out of sales of your Personal Information. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link.

* If you are a resident of a jurisdiction where one or more of these rights are granted to you under applicable law, and you wish to exercise any such rights listed above, please contact us by either:

• Phone: (916) 907-0050
• Email: [email protected]
• Web: Link

[(Please note that if you are exercising the right to opt out, you may also submit your request through the following link.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

TRANSFER OF DATA; SPECIAL NOTICE TO NON-U.S. USERS

Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

If you are located in a country outside the U.S. and submit Personal Information to us, you consent to the general use and disclosure of such information as provided in this Privacy Policy and to the transfer and/or storage of that information to the U.S. and other countries outside your home country.

SENSITIVE PERSONAL INFORMATION

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive personal information as this term is defined under applicable data protection and privacy laws (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, criminal background or trade union membership) on or through the Site or otherwise to us.

If you send or disclose any sensitive personal information to us, you consent to our processing and use of such sensitive personal data in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such content to our Site.

Please note that our processing and use of PHI is governed by our separate PHI Privacy Notice.

POLICY ON CHILDREN’S INFORMATION

Our Site is not created for anyone under the age of 13 (“Children” or “Child”). By using this Site, you represent that you are at least 13 years old.  If you do not meet this age requirement, then you must not access or use our Site.

We do not knowingly collect personally identifiable information from anyone under the age of 14, and we do not target the Site to children under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us though one of the methods listed under [“How to Contact Us”], above. If we become aware that we have collected Personal Information from Children without verification of parental consent, we take reasonable steps to remove that information from our servers.

For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

LINKS TO OTHER SITES

Our Site contains links to third-party websites. If you click on one of those links, you will be taken to websites we do not control. This Privacy Policy does not apply to the information practices of those third-party websites. You should read the privacy policies of third-party websites carefully. We are not responsible for the content, privacy policies, actions or security of third-party websites.

GOVERNING LAW AND JURISDICTION

This Privacy Policy shall be construed and governed under the laws of the United States and State of California (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Site, shall be in federal or state court of competent jurisdiction located in San Francisco, California, within one (1) year after the claim arises. Each party waives any objections based on forum non convenience and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party consents to personal jurisdiction in the courts identified above.

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