Fertility Testing | Privacy Policy | Modern Fertility

Privacy Policy

Introduction

Modern Fertility (“we”, “us” or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”).

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website getmodernfertility.com (our “Site”) or use our services (as provided under our User Agreement) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This “Privacy Policy” governs your use of Modern Fertility and also applies to your use of all features, tools, content, downloads, and other services that we make available through the site or app (collectively, referred to herein as the “Site”).

To the extent we provide you notice of different or additional privacy policies or practices those additional terms shall govern such data collection and use.

By using our Site you consent to our Privacy Policy and our collection, use, and sharing of your information and data, and other activities as described below.

This Privacy Policy applies to all information we collect:

  • On this Site.
  • When and where available, through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.
  • In email, text and other electronic messages between you and this Site and any person interacting with you on behalf of the site
  • Via our 3rd party doctors, mobile phlebotomists, and Labs.
  • When you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

This Privacy Policy does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.

This Site is offered and available to users who are 18 years of age or older. We do not collect or maintain information from people we actually know are under 18 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. If you are not 18 years of age or older, you must not access or use the Site.

1. What Information Does the Site Collect?

(a) Information You Provide to Us

On the Site, we may ask you to provide certain categories of information such as: (1) demographic and personal identifiable information, which is information that identifies you personally, such as your first and last name, age, gender email address, address, and phone number,(“Personal and Demographic Information”); and (2) information about your health (e.g., history of disease, menstrual cycle, symptoms)  and information about the medications you are taking (e.g., current medications, current and past birth control methods) (“Health Information”) (“Personal and Demographic Information” and “Health Information” are referred to collectively herein as “Your Information”).  In connection with the Site, we may collect Your Information in the following ways:

  • Through forms you fill out on the Site.
  • Through information provided by you in connection with any services offered on the Site.
  • Through surveys, polls, blogs and postings, and submittals.

(b) Information We Collect and Store As You Access and Use the Site

In addition to Your Information or other information that you choose to submit to us via our Site, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with the Site (“Usage Information”).  This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your mobile phone or computer (your “Device”) whenever you visit or interact with our Site.  Usage Information may be non‑identifying or may be associated with you.  Whenever we associate Usage Information with Your Information, we will treat it as Your Information.  This Usage Information may include:

  • your Device functionality (including browser, operating system, hardware, mobile or local network information);
  • the areas within our Site that you visit and your activities there, including remembering you and your preferences; and
  • certain other Device data, including the time of day, among other information.

We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies”).  For example, we use “embedded scripts.”  An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click.  The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter. We may use Tracking Technologies for the following purposes:

  • Performance-Related.  We may use Tracking Technologies that are useful in order to assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site.
  • Functionality-Related.  We may use Tracking Technologies that are required to offer you enhanced functionality when accessing the Site, including identifying you when you visit our Site or keeping track of our specified preferences, including in terms of the presentation of content on our Site.

There may be other Tracking Technologies now and later devised and used by us in connection with the Site. Further, third parties may use Tracking Technologies in connection with our Site, which may include the collection of information about your online activities over time and across Devices and third-party web apps or online services.  We may not control those Tracking Technologies and we are not responsible for them.  However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Site and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.  

(c) Interactions with Third Party Services

The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website, application or other service.  We will never share information with these third-parties without your consent. If you choose to use third-party services, when you use third-party apps or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Site.

(d) California Do Not Track Disclosures

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

2. How Do We Protect the Information Collected?

We understand that protecting Your Information is important and endeavor to incorporate commercially reasonable safeguards to help protect and secure Your Information, including encrypting Your Information while it is at rest and in transit.  In addition, we store your Health Information on a separate server than your Personal and Demographic Information (i.e., your Health Information is not linked to your name or other identifiers while this information is stored on the server). However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

3. How Do We Use the Information Collected?

We may use Your Information or Usage Information for various purposes, including:

  • to suggest a test menu;
  • to work with third party service providers to enable them to send you lists of physicians in your area;
  • to provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties;
  •  to enable you to participate in a variety of the Site’s features;
  •  to improve the Site, or our Site offerings;
  • to provide customer support;
  • to contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or Site’s policies;
  • to allow you to participate in interactive features on our Site.
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • to improve the overall experience of the Site;
  •  for internal business purposes; and
  • for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

4. How and When Do We Disclose Information to Third Parties?

We may share, license or sell information we collect or receive through the Site with third parties, such as aggregated user statistics or aggregated Personal and Demographic Information without restriction. We will never share, license or sell Your Information in a manner that would identify you.  If you are a California resident, you have the right to request additional information about this sharing, so please see Section (4)(f) below.  In addition, we may share the information we have collected about you, including Your  Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.  We may disclose your information as follows:

(a) To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

(b) To our subsidiaries and affiliates.

(c) When You Request Information From or Provide Information to Third Parties.  You may be presented with an option on our Site to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it.  If you choose to do so, Your Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Site or link to them from our Site. This may include using third party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices.  It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller.  We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

(d) Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us or the Site, such as: (i) to assist us in Site operations; (ii) to manage a database of customer information; (iii) hosting the Site; (iv) designing and/or operating the Site’s features; (v) tracking the Site’s activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential.  We may provide these vendors with access to user information, including Device Identifiers, only as necessary to carry out the services they are performing for you or for us.  Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Your Information.  We are not responsible for those third party technologies or activities arising out of them.  However, some may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available in Section 5 below.  We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

(e) Administrative and Legal Reasons. We may access, use, preserve, transfer, and disclose your information (including Device Identifiers and Your Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Site's Terms of Use or other policies applicable to the Site, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Site or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues.  Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law.  Such disclosures may be carried out without notice to you.

(f) Affiliates and Business Transfer. We may share your information, including your Device Identifiers and Your Information and Usage Information with any parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

(g) Your California Privacy Rights. As noted above, we may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes.  If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities).  To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response.  To make such a request (limit one request per year), please send an email to: info@getmodernfertility.com, with “California Privacy Rights” as the subject line or send us an email requesting our mailing address. You must include your full name, email address, and postal address in your request.

(h) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Site users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.

(i) For any other purpose disclosed by us when you provide the information.

5. Do Third-Party Content, Links to Third-Party Apps and/or Third-Party Site s Appear on the Site?

The Site may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your unique device identifier when pages from the Site are served to you for their own commercial purposes.  In addition, when you are on the Site you may be directed to other apps and apps that are operated and controlled by third parties that we do not control.  We are not responsible for the data collection and privacy practices employed by any of these third parties or their apps or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Site onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies.  We are not responsible for these third-party privacy policies or the practices of third-party owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Site and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.

6. How Do I Change My Information and Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us. You may request to review, correct, or update Your Information through the Site’s forms by contacting us by email at: info@getmodernfertility.com.  We will make good faith efforts to make requested changes in our active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media.You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your use of our Site, such as administrative and Site announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact us by email at: info@getmodernfertility.com

7. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site indicates your consent to the privacy policy posted at the time of use. However, we will not use Your Information in a manner materially different than indicated at the time it was collected, without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.