2.1. Personally Identifiable Information (“Personal Information”) means any information relating to a person who can be identified either directly or indirectly; which may include, but is not limited to, name, address, email address, phone number, IP address, location data, and any other information in connection with the use of this Website and the products and services provided by Mate Fertility.
3.1. When you use the Website, we may require you to give us contact information, which may include, but is not limited to, your name, birthdate, mailing address, phone number, email address, cookies, IP logs, and other Personal Information. Besides the Personal Information, we may also collect other information regarding your use of the Website. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the Website, although not providing it may hinder your ability to use the Website.
We collect Personal Information, including but not limited to protected health information, and may use it for marketing activities, after we have removed any personally identifiable information. THE COLLECTION AND USE OF YOUR HEALTH INFORMATION IS ADDRESSED IN OUR HIPAA NOTICE OF PRIVACY PRACTICES. TO READ MORE ABOUT OUR PRIVACY PRACTICES REGARDING PROTECTED HEALTH AND MEDICAL INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”).
By using the Website, you acknowledge and agree that Mate Fertility will be collecting and storing certain information related to the use of the Website, and Mate Fertility and their designees may use that information for marketing activities.
We use the information that we collect to provide and maintain the Website to market our brand, to compile a database of Website users, and other ways, as we deem appropriate in our sole discretion, and to provide any other services that you and Mate Fertility agree to. We may also use the information to contact you to further discuss interest in our company, the products and services that we provide, and to send information regarding our company or partners, such as promotions and events. You may receive an email newsletter, telephone calls, and SMS/MMS text messages by providing your email address and phone number. Your email address, phone number and any other Personal Information will not be disclosed to third parties unless it is for purposes which you have authorized us to do, to comply with any legal processes and/or law enforcement requests, or for treatment, healthcare operations, or payment purposes as permitted under HIPAA and its implementing regulations, as may be amended.
We may also email (or send via other methods such as SMS/MMS messaging) information regarding updates to the Website, and may send a newsletter, or other correspondence. You will have an opportunity to unsubscribe from any emails or SMS/MMS messages by following the instructions contained in promotional emails and messages we send you. Even if you are removed from any such list, if you use the Website, you will continue to receive email correspondence, calls and SMS/MMS messages from Mate Fertility related to the Website. Any opt-out by you is not deemed valid until processed by Mate Fertility. It is your obligation to verify that you have been opted-out. Mate Fertility will not be liable for problems with the opt-out procedures.
If you provide credit card or other authorized payment method information to Mate Fertility, you authorize Mate Fertility, or a credit card processor of their choosing to receive appropriate billing information, bill such credit card, and to make such charges as applicable.
3.2. When we collect Personal Information through forms, including but not limited to electronic forms, we will indicate the mandatory fields via asterisks. Failure to provide the data marked with an asterisk could prevent you from accessing our services.
3.3. We will take reasonable steps to ensure the Personal Information that we store is accurate, complete and up-to-date.
3.4. We will only process your Personal Information, in accordance with applicable law, for the following purposes:
3.4.1. creating and maintaining your customer account;
3.4.2. to carry out our contract with you;
3.4.3. offering our products and services to you in a personalized way, for example, we may provide suggestions based on your previous searches to enable you to identify suitable products or services quicker. This may also include, where legally permitted, processing data related to your location;
3.4.4. handling and fulfilling your orders and dealing with your inquiries, if you request products or services from us;
3.4.5. processing your payment, if you purchase any of our products or services;
3.4.6. enabling our suppliers and service providers to carry out certain functions on our behalf, including payment processing, verification, technical, logistical or other functions, as may be required, in order to fulfil your orders;
3.4.7. resolving any grievances, complaints or disputes;
3.4.8. carrying out market research campaigns and sending you personalized marketing communications in order to keep you informed of our products and services, which we consider may be of interest to you;
3.4.10. ensuring the security of your account and our business, preventing or detecting fraud or abuses of our website, for example, by requesting verification information in order to reset your account password;
3.4.11. developing and improving our products and services, for example, by reviewing visits to our Website and its various subpages and demand for specific products or services;
3.4.12. for our own administrative purposes, including training our staff, conducting internal audits or transferring assets as part of a sale, purchase or investment in the business; and
3.4.13. to comply with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law.
3.5. To process your Personal Information lawfully we need to rely on one or more valid legal grounds. The ground we may rely on upon include:
3.5.1. your consent to particular processing activities. For example, where you have consented to us using your information for marketing purposes;
3.5.2. our legitimate interests as a business (except where your interests or fundamental rights override these). For example, it is within our legitimate interests to use your Personal Information to prevent or detect fraud or abuses of our Website;
3.5.3. our compliance with a legal obligation to which we are subject. For example, we have a duty to investigate and respond to complaints made against us and may need to process your Personal Information as part of such investigation; or
3.5.4. if you are a customer, because processing your Personal Information is necessary for the performance of a contract.
4.2. Please note that our forms are encrypted to protect your privacy. Once the information is sent to our Website, it is kept in secure databases where it is not available to other users on the internet. Communications over the Internet, such as emails are not secure unless they have been encrypted. We cannot accept responsibility for any unauthorized access or loss of Personal Information that is beyond our control.
4.3. Mate Fertility will periodically review and modify, where appropriate, its security policies and procedures. We use reasonable care to protect your personally identifiable and confidential information provided by you to our site. Mate Fertility have in place security policies and procedures that seek to mitigate this risk of unauthorized access of your information.
4.4. Please note that non-protected health information may be transported over an open network, such as the internet or e-mail, and may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. Even if both the sender and recipient are located in the same country, data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.
4.5. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses with regard to the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
In order to help ensure that your information can only be accessed by you, and those you authorize, a confidential user name and password will be required to log in to access your Personal Information on the Website. As a Website user, your role in maintaining the security of your and your provider’s (as applicable) general information and medical information includes following common sense, such as keeping your login identification name and password confidential. In the event your access or services require a user name and password, you are solely responsible for keeping such user name and password strictly confidential.
6.1. There are circumstances where we wish to disclose or are compelled to disclose your Personal Information to third parties. This will only take place in accordance with the applicable law and for the purposes listed in Section 3 above. These scenarios include disclosure:
6.1.1. to our employees, affiliates and their employees;
6.1.2. to our outsourced service providers or suppliers who assist us in operating our Website, conducting our business, or servicing you (including but not limited to IT support service providers), so long as those parties agree to keep the Personal Information confidential. Also, each business associate is required under our contracts with them to protect your personal and medical information, and not to use it for any reason except as necessary to provide the contracted services;
6.1.3. to our advertising partners who enable us to deliver personalized ads to your devices or similar advertising;
6.1.4. subject to your consent, to our marketing partners, who may contact you by mail, email, telephone, SMS/MMS messaging or by other means. If at any time after you have consented to us using your Personal Information for marketing purposes and you wish us to stop using your Personal Information for these purposes, please unsubscribe by following the directions in the messages you receive;
6.1.5. to third party service providers and consultants in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
6.1.6. to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event. In the case of a merger or sale, your Personal Information will be permanently transferred to a successor company;
6.1.7. to government authorities or other third parties where we are required by law to do so; and
6.1.8. to any other third party where you have provided your consent.
7.2. We may keep an anonymized form of your Personal Information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
8.1. Your Privacy Rights/ California’s Shine the Light Law.
This Section 8.1 is applicable only to residents of California. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
To request a copy of the information disclosure provided by Mate Fertility pursuant to Section 1798.83 of the California Civil Code, please contact Gabriel Bogner by mail at Mate Fertility, Attn.: California Privacy Rights, 303 N Sweetzer Ave Suite 201, Los Angeles, CA 90048. Or by email at firstname.lastname@example.org.
8.2. How to Modify Your Information.
You can access and modify the Personal Information that you provide to us by contacting Mate Fertility at email@example.com and requesting a modification.
8.3. Your Privacy Rights/ General Data Protection Regulation (GDPR) of the European Union.
8.3.1. Data protection law provides you with numerous rights, including the right to: access, rectify, erase, restrict, transport, and object to the processing of, your Personal Information. You also have the right to lodge a complaint with the relevant data protection authority if you believe your Personal Information is not being processed in accordance with applicable data protection law.
8.3.2. Right to make subject access request. You may, where permitted by applicable law, request copies of your Personal Information. If you would like to make a subject access request, i.e. a request for copies of the Personal Information we hold about you, you may do so by writing to the Privacy Officer. The request should make clear that a subject access request is being made. You may also be required to submit a proof of your identity and a fee.
8.3.3. Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete Personal Information.
8.3.4. Right to withdraw consent. You may, as permitted by applicable law, withdraw your consent to the processing of your Personal Information at any time when such processing is based on your consent. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit certain service features for which the processing of your Personal Information is essential.
8.3.5. Right to object to processing, [including automated processing and profiling]. You may, as permitted by applicable law, request that we stop processing your Personal Information.
8.3.6. Right to erasure. You may request that we erase your Personal Information and we will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping your Personal Information, such as, a legal obligation that we have to comply with, or if retention is necessary for us to comply with our legal obligations.
8.3.7. Right to restriction of processing. In some cases, you have the right to obtain restriction of the processing of your Personal Information.
8.3.8. Right to data portability. You have the right to receive the Personal Information concerning you which you provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit such data to another data controller without hindrance from us. This right only applies when the processing of your Personal Information is based on your consent or for the performance of a contract and such processing carried out by automated means.
8.3.9. Your right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your Personal Information. However, you do have the right to contact the relevant supervisory authority directly.
When you view the Website, we may store some information on your computer’s hard drive. This information will be in the form of a “ Cookie.” Most web browsers automatically accept Cookies, but you can change your browser to prevent that. Without accepting a Cookie, your use of the Website may be affected. For more information, please visit www.allaboutcookies.org.
Mate Fertility does not intend to collect any Personal Information (or any information at all) from any persons under 13 years old. If you are under 13 years old, you may not use the Website.
We are not responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our Website. We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have concerns or questions. When you access a linked site you may be disclosing private information. It is your responsibility to keep such information private and confidential.
We may transfer your Personal Information to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out in Section 3 above. In particular, your Personal Information may be transferred throughout the Mate Fertility group and to our outsourced service providers located abroad. In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means. Please contact the Privacy Officer for a copy of the safeguards which we have put in place to protect your Personal Information and privacy rights in these circumstances.