Do Not Sell My Personal Information CCPA
Please Review This Notice Carefully
This Privacy Notice for California Residents supplements information contained in the Privacy Policy of Open Fertility (“our practice,” “our,” or “we”) and applies to all visitors, users, and others who reside within the United States of America (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last (12) months.
Category A: Identifiers.
Examples: A real name, IP address, email address, or other similar identifiers.
Collected: YES
Category B: Personal information categories listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Collected: YES
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected: YES
Category D: Commercial information.
Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected: NO
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Collected: YES
Category F: Internet or other similar network activity.
Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Collected: YES
Category G: Geolocation data.
Examples: Physical location or movements.
Collected: YES
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: NO
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: YES
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Collected: YES
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting the person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: YES
Personal information does not include:
- Publicly available information from government records;
- Deidentified or aggregated consumer information; or
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete on our website or that you provide to us.
- Indirectly from you. For example, from observing your actions on our website or interactions with our advertisers.
Use of Personal Information
In addition to the “How We Use Your Information” section listed in our general Privacy Policy, we may use the personal information we collect from you for one or more of the following business purposes:
- To fulfil or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
Open will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
Open may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
- Service providers. Please reference our general Privacy Policy for more information.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Open has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Disclosure of your personal information for a business purpose is limited to the following categories of third parties:
- Service Providers.
Sale of Personal Information
In the preceding twelve (12) months, Open has not sold any categories of personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Open disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- the categories of personal information we collected about you;
- the categories of sources for the personal information we collected about you;
- our business or commercial purpose for collecting or selling that personal information;
- the categories of third parties with whom we share that personal information;
- the specific pieces of personal information we collected about you (also called a data portability request); and
- if we sold or disclosed your personal information for a business purpose, two separate lists disclosing;
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that Open delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at (916) 907-0050; or
- Emailing us at [email protected].
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at [email protected].
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing us at [email protected].
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination and Financial Incentives
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- deny you goods or services;
- charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- provide you a different level or quality of goods or services; or
- suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at our postal address listed below.
Changes to Our Privacy Notice
Open reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, the ways in which Open collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: (916) 907-0050
Email: [email protected]
Postal Address:
Open Fertility
ATTN: Privacy Team
1 Daniel Burnham Court Suite
110C San Francisco, CA 94109
Privacy Policy
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
Information collected through use of our website | |
Categories of Information | Description of category |
Account Registration Information | Registering for an account is an optional service provided by our website. You do not have to register to browse our website. This is the Personal Information that is provided by you or collected by us to enable you to login and access your account and our Site. This includes your [name, address, email address, and phone number.] Some of the Personal Information we will ask you to provide is required in order to create your account. Click here to read more about the terms and conditions that govern your registration and use of our My Account service. |
Consultation Inquiries | When you book a consultation on our website, you submit your full name, email address, phone number, gender, location, and the procedure our service you are interested in. Please note that any processing of Protected Health Information (PHI) is governed by our separate PHI Privacy Policy. |
Mailing List Registration Information | You may provide your full name and email address in order to receive our newsletter via email. |
Payment Information | We may collect Personal Information if you make a purchase through the website or pay your bill through a payment portal offered through the website. The exact Personal Information collected will vary depending on the payment method but will include information such as:
|
Third Party Data | This includes both Personal Information and non-personally identifiable data from our affiliates, partners or vendors, data brokers or public sources. |
Location Information | We may collect general location information if you use features on our website that provide location-based services, including locating a center near you and driving directions to our centers. |
Usage Information | This can be Personal Information and non-Personal Information that is collected about you when you are using our website, and this may include:
Our website uses cookies, unique identifiers and similar technologies to collect information over time and across different websites when you use or visit our website. We or our third-party partners use common tracking tools to collect information about the pages you view, our website functions that you access, the buttons and icons you click, and to remember your login information and website settings to make it easier and more efficient for you to use our website, and to provide advertising content that we think may be of interest to you. Cookies. Cookies are small data files that are downloaded onto your computer or mobile device when you use our website, which are unique to your device or account. Cookies make it easier for you to use our website by saving your preferences so that we can use these to improve your next and subsequent visits to our website – for example, remembering your login information. Cookies help us learn which areas of our website are useful and which areas need improvement. Cookies may be either persistent or temporary (or session) cookies. A persistent cookie retains user preferences for a particular website, app or service, allowing those preferences to be used in future use sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. You can choose whether to accept cookies by changing the settings on your browser or device. For more information regarding your choices with respect to cookies and other tracking technologies, please see “Your Rights and Choices Regarding Your Information” below. However, if you choose to disable this function, your experience with our website may be impaired and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third parties to do so to help us. Pixels, Web Beacons. We or third party partners may use invisible pixels or beacons on our Site to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current website offerings, develop new products or services, and target information to you that may be helpful and useful to you based upon your use of our website. |
Anonymized Information | We use anonymized and aggregated information that may be created or derived from your Personal Information or usage of our website for purposes that include data analysis, improving our website, advertising, and developing new features and functionality within our website. |
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.
27479104.1
Terms
By using this website, you acknowledge that Open Fertility is providing material for informational purposes only and that neither Open Fertility nor any of its doctors, nurses, or other personnel or any of their agents, affiliates, partners, or licensors are providing any materials to you for the purposes of giving you medical advice. Further by using this site, you agree that in no way does such use establish a professional, medical care, or physician-patient relationship between you and our practice.
You should not rely on the materials in deciding on a treatment plan, drug usage, medical procedure, or any other medical advice regarding the materials, and Open Fertility strongly urges that you consult with a licensed physician in connection with any and all treatment options that may be available to you.
In no event shall Open Fertility or its agents, affiliates, partners, or licensors be liable for any direct, special, indirect, incidental or consequential damages or any damages whatsoever resulting from loss related to the use of our websites, whether in an action of contract, breach of warranty, negligence, or other tortious action arising out of or in connection with the use of the materials contained on this site.
Security
We take reasonable measures to help protect personal information collected through the Site from loss, theft, misuse, and other unauthorized access, disclosure, alteration, or destruction. Nevertheless, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through our Site.
Children’s Privacy
This Site is not designed nor intended to be used by children (anyone under the age of 13). We do not knowingly collect information from anyone under the age of 13. If you are under the age of 13, please do not submit any information to us.
Types of Information We Collect and How We May Use Them
Through your use of this website, we may collect several types of information through the Services:
A. Personal Information. Personal information is information that can be used by itself, or combined with other information, to personally identify you (“Personal Information”). We may automatically collect information that you submit when you visit our Site, including registration information (your name, email or postal address, telephone number and user name and password), your device’s IP address, and statistics about how you use the website. Information that has been de-identified such that it cannot be connected to an individual is not considered Personal Information for purposes of this Policy. In addition to logging information about your visit, we or other third-party sites may use various tracking mechanisms such as cookies, web beacons and embedded scripts (collectively, “Tracking Technologies”) to automatically collect information about interactions with our Site or e-mails.
B. Cookies are small text files that a web page server places on your hard drive. The use of cookies is a common practice on many websites. We may place cookies on your computer to allow us to recognize you on the website during future visits, to measure web traffic, to offer you certain products or services, or to customize your visit. Your internet browser may include settings that permit you to block cookies or to be notified when cookies are placed. Please be aware that if you use these mechanisms to block or remove cookies, certain features and functions of the website may be unavailable or may not operate optimally.
C. Web Beacons are small graphic images, also known as “Internet tags” that are embedded in web pages and e-mail messages. Web beacons may be used for various purposes, such as to count the number of visitors to the website, to monitor how users navigate the website, or to verify how many articles or links were actually viewed.
D. Embedded Scripts are designed to collect information about your interactions with the website. These scripts are temporarily downloaded onto your computer from our web server, or the server of a third party with whom we work.
E. Emails and Other Communications and Your Choices. If you have provided us with your contact information, such as email address, postal address, or telephone number, we may use that information to communicate with you regarding our services or to address your questions. If you have given us consent by providing us your contact information, we may from time to time, subject to your marketing preferences, send you educational, marketing, product support, and research emails.
F. Social Media. We have a presence on various social media platforms, such as Facebook, Instagram, and YouTube. We receive from them anonymized and aggregated demographic and use information related to our presence on the respective social media platform(s) when you choose to visit us on those sites or to communicate with us. Please be aware that social media websites, including Facebook, have different privacy policies and our privacy policy does not apply on those sites. If you visit another website, we encourage you to read that website or web platform’s privacy policy.
G. Social Media Plugins. This website may use social media plugins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit our website, the operator of the social plugin may place a cookie on your computer, enabling that operator to recognize individuals who have previously visited our site. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing on our website, the social plugins allow that social media websites to share data about your activities on our website with other users of their social media website. For example, Facebook Social Plugins allows Facebook to show your Likes and comments on our pages to your Facebook friends. Facebook Social Plugins also allows you to see your friends’ Facebook activity on our website. Our practice does not control any of the content from the social media plugins. For more information about social plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.
H. Links to Third Party Sites. Some of our websites may contain links to other websites or other articles contained on such websites on the Internet that are not under the control of or maintained by our practice. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that our practice is providing these links to you only as a convenience, and you agree that we are not responsible for the content of such websites. Your use of these other linked websites is subject to the respective terms of use and privacy policies located on the linked websites.
Additional Privacy Guidelines for Patients.
In addition to these terms and conditions, if you are a patient of our practice who has signed informed consent forms with us, please read Notice of Patients’ Privacy Rights, available on our website and upon written request.
