Privacy Policy

Effective date: 7/1/20

Last reviewed: 7/1/20

At Modern Fertility, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use, and share your information as described in this Privacy Policy.

Remember that your use of Modern Fertility's Services is at all times subject to our Terms of Service (https://modernfertility.com/terms-of-service), which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

If you have a disability, you may access this Privacy Policy in an alternative format by contacting support@modernfertility.com.

Privacy Policy Table of Contents

What this Privacy Policy Covers

Personal Data

Categories of Personal Data We Collect

Categories of Sources of Personal Data

Our Commercial or Business Purposes for Collecting Personal Data

How We Share Your Personal Data

Tracking Tools, Advertising and Opt-Out

Data Security and Retention

Personal Data of Children

California Resident Rights

Other State Law Privacy Rights

Changes to this Privacy Policy

Contact Information

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Personal Data

Categories of Personal Data We Collect

This list details the categories of Personal Data that we collect and have collected over the past 12 months:

Profile or Contact Data

Examples of Personal Data We Collect

  • First and last name
  • Email
  • Phone number
  • Date of birth
  • Mailing Address
  • Account username/password

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers
  • Analytics Partners
  • Parties You Authorize, Access or Authenticate

Payment Data

Examples of Personal Data We Collect

  • Payment card type
  • Credit or debit card number
  • Billing address, phone number, and email

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers (including our payment processing partners, currently Stripe, Inc and Square, Inc.)

Commercial Data

Examples of Personal Data We Collect

  • Purchase history

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers
  • Advertising Partners
  • Analytics Partners

Device/IP Data

Examples of Personal Data We Collect

  • IP address
  • Device ID
  • Domain server
  • Type of device/operating system/browser used to access the Services

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers
  • Advertising Partners
  • Analytics Partners

Web Analytics

Examples of Personal Data We Collect

  • Referring webpage/source through which you accessed the Services

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers
  • Advertising Partners
  • Analytics Partners

Consumer Demographic Data

Examples of Personal Data We Collect

  • Age / date of birth
  • Zip code
  • Gender
  • Race
  • Ethnicity
  • Sexual orientation

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers

Geolocation Data

Examples of Personal Data We Collect

  • IP-address-based location information

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers

Sensory Data

Examples of Personal Data We Collect

  • Photos, videos or recordings of your environment

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers

Health Data

Examples of Personal Data We Collect

  • Medical conditions
  • Weight
  • Health or exercise activity monitoring
  • Mental health information
  • Birth control information
  • Menstrual cycle information
  • Reproductive health information (on an opt-in basis)

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers
  • Parties You Authorize, Access, or Authenticate

Other Identifying Information that You Voluntarily Choose to Provide

Examples of Personal Data We Collect

  • Identifying information in emails or letters you send us
  • Cultural or social identifiers about your lifestyle (for example, being a skateboarder or smoker)

Categories of Third Parties With Whom We Share this Personal Data

  • Service Providers
  • Parties You Authorize, Access, or Authenticate

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

  • You
    • When you provide such information directly to us.
      • When you create an account or use our interactive tools and Services.
      • When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
      • When you send us an email or otherwise contact us.
    • When you use the Services and such information is collected automatically.
      • Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
      • If you use a location-enabled browser, we may receive information about your location.
  • Third Parties
    • Vendors
      • We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
    • Advertising Partners
      • We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.

Our Commercial or Business Purposes for Collecting Personal Data

  • Providing, Customizing and Improving the Services
    • Creating and managing your account or other user profiles.
    • Processing orders or other transactions; billing.
    • Providing you with the products, services or information you request, which may include helping to customize services to your unique circumstances such as suggesting biomarkers for you to test, providing lists of physicians in your area, and conducting clinical research that you opt to participate in.
    • Meeting or fulfilling the reason you provided the information to us.
    • Providing support and assistance for the Services.
    • Improving the Services, including testing, research, internal analytics, and product development. Personalizing the Services, website content, and communications based on your preferences.
    • Doing fraud protection, security, and debugging.
    • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
  • Marketing the Services
    • Marketing and selling the Services.
    • Showing you advertisements, including interest-based or online behavioral advertising.
  • Corresponding with You
    • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Modern Fertility or the Services.
    • Sending emails and other communications according to your preferences or that display content that we think will interest you.
  • Meeting Legal Requirements and Enforcing Legal Terms
    • Fulfilling our legal obligations under applicable law, regulation, court order, or other legal process, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited activities.
    • Protecting the rights, property or safety of you, Modern Fertility or another party.
    • Enforcing any agreements with you.
    • Responding to claims that any posting or other content violates third-party rights.
    • Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How We Share Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

  • Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
    • Hosting, technology and communication providers.
    • Service Providers.
    • Analytics providers.
    • Support and customer service vendors.
    • Product fulfillment and delivery providers.
    • Payment processors.
    • Our payment processing partners Stripe, Inc. (“Stripe”) and Square, Inc. and Square Capital, LLC (“Square”) collect your voluntarily-provided payment card information necessary to process your payment.
    • Please see the Stripe and Square terms of service and privacy policies for information on its use and storage of your Personal Data.
  • Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
    • Ad networks.
    • Data brokers.
    • Marketing providers.
  • Business Partners. These parties partner with us in offering various services. They include:
    • Businesses that you have a relationship with.
    • Companies that we partner with to offer promotional offers or opportunities.
    • Laboratory facilities for the processing of your lab samples.
  • Parties You Authorize, Access or Authenticate
    • Third parties you access through the services.
    • Social media services.
    • Other users.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

Tracking Tools, Advertising and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data–usually text files–placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

  • Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
  • Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.
    • Required Third-Party Disclosures.
      • Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
      • We may use cookies, web beacons, and other storage technologies provided by Facebook, Inc. to collect or receive information from the Services and elsewhere on the internet, and use that information to provide measurement services and target ads. You can opt-out of the collection and use of information for ad targeting at http://www.aboutads.info/choices.
      • Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

Information about Interest-Based Advertisements

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit http://www.networkadvertising.org/choices/ or www.aboutads.info/choices/.

Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use, and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Personal Data of Children

As noted in the Terms of Service, we do not offer the Services to users who are less than 18 years old. Accordingly, we do not knowingly collect or solicit Personal Data about anyone under 18 years of age; if you are under the age of 18, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from anyone under 18 years of age, we will delete that information as quickly as possible. If you believe that a person under 18 years of age may have provided Personal Data to us, please contact us at support@modernfertility.com.

California Resident Rights

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@modernfertility.com.

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:

  • The categories of Personal Data that we have collected about you.
  • The categories of sources from which that Personal Data was collected.
  • The business or commercial purpose for collecting or selling your Personal Data.
  • The categories of third parties with whom we have shared your Personal Data.
  • The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We may request additional verification data if necessary for us to verify your identify. We will only use Personal Data provided in a Valid Request (or subsequent verification request) to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request by using the following mehtods:

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Personal Data Sales Opt-Out and Opt-In

In this section, we use the term ‘sell’ as it is defined in the CCPA. Under the CCPA, sharing data through third-party Cookies may constitute a “sale” of that information. However, please note that we are not a data broker and are not generally in the business of selling Personal Data.

As described in the “Tracking Tools, Advertising and Opt-Out” section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CCPA, sharing your data through third party Cookies for online advertising may be considered a “sale” of information. You can opt out of these sales by following the instructions in this section.

Over the past 12 months, we have sold the following categories of your Personal Data to categories of third parties listed above:

  • Type of device, operating system, IP address and/or browser you’re using
  • Cookies stored on your browser
  • Web analytics
  • Identifiers, including your browsing and purchasing behavior on our site
  • Other data or information normally captured as part of online advertising activities

You have the right to opt-out of the sale of your Personal Data. You can opt-out using the following methods:

Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months.

To our knowledge, we do not sell the Personal Data of anyone under 18 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Our Financial Incentive Program

From time to time, we may offer financial incentives, including payments to you as compensation, for the collection of your Personal Data, the sale of your Personal Data, or the deletion of your Personal Data. These financial incentives may include offering you the chance to participate in a giveaway through partners, for which you will need to provide your email address or other contact information. You may revoke your consent to participate in these programs at any time using the online form.

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@modernfertility.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at support@modernfertility.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the Modern Fertility website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at support@modernfertility.com.