Terms and Conditions

INTRODUCTION American Fertility Services operates the americanfertility.com website, which provides the SERVICE. This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the American Fertility Services website. American Fertility Services (“American Fertility Services,” “we,” “us” or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at www.americanfertility.com, unless otherwise defined in this Privacy Policy. If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in this 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 americanfertility.com or use our products, services, or applications (the “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. Your use of the Services is at all times subject to the Terms of Service (https://staging1.americanfertility.com/terms-of-service). To the extent we notify you of different or additional privacy policies or practices those additional terms shall govern such data collection and use. By using our Services you consent to our Privacy Policy and our collection, use, and sharing of your information, data and other activities as described below. This Privacy Policy applies to all information we collect:

• Directly from you through our website, through other websites operated by us or by third parties, and offline in connection with your use of the Services.
• When and where available, through mobile and desktop applications you download from our website, which provide dedicated non-browser-based interaction between you and us.
• In email, text and other electronic messages between you and us and any person interacting with you on behalf of American Fertility Services.
• Via our third 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.
• create an account or purchase any of our Services (ex: billing information, including name, address, credit card number, government identification);
• request assistance from our award-winning customer support team (ex: phone number);
• complete contact forms or request newsletters or other information from us (ex: email); or
• participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.

  THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION COLLECTED BY:

• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services.

The Services are offered and available only to users who are 21 years of age or older. We do not solicit, collect, or maintain information from people we actually know are under 21 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to promptly remove that person’s information from our database. If you are not 21 years of age or older, you must not access or use the Services. Information Collection and Use For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you. Log Data We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics. Cookies Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive. Information Usage We may use the information we collect for certain purposes, including the following:

• Maintain and provide our Site, products, and services
• Fulfill the purpose for which you provide it
• Personalize your experience
• Improve our Site, products and services
• Develop new products and services
• Process transactions
• Improve security
• Detect and prevent fraud
• Protect our and our visitors' safety
• Analyze and monitor activity on our Site
• Comply with our obligations
• Marketing
• Exercise our rights
• Enforce our contracts

 

1. WHAT INFORMATION DOES AMERICAN FERTILITY SERVICES COLLECT?

(a) Information You Provide to Us Through the Services, 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”); (2) specific information about your Device (as defined below), such as the type of Device you use to access the Services, IP addresses and other unique device identifiers for your Device, and network information for your Device (“Device Identifiers”), and (3) 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 Services, we may collect Your Information in the following ways:

• Through forms you fill out on our website.
• Through information provided by you in connection with our Services.
• Through surveys, polls, blogs and postings, and submittals.

(b) Information We Collect and Store As You Access and Use the Services In addition to Your Information and other information that you choose to submit to us via our Services, 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 Services (“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 Services. 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 Services 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” or “cookies.” An embedded script (or cookie) is programming code that is designed to collect information about your interactions with the Services, 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 Services, and is deactivated or deleted thereafter. We may use Tracking Technologies for the following purposes:

• To facilitate our Service;
• To provide the Service on our behalf;
• To perform Service-related services; or
• To assist us in analyzing how our Service is used.
• Performance-Related. We may use Tracking Technologies that are useful in order to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Services.
• Functionality-Related. We may use Tracking Technologies that are required to offer you enhanced functionality when accessing the Services, including identifying you when you visit our Services or keeping track of our specified preferences, including in terms of the presentation of content on our Services.

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose. There may be other Tracking Technologies now and later devised and used by us in connection with the Services. Further, third parties may use Tracking Technologies in connection with our Services, 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 do not permit such third parties to access or store Health Information you submit to the 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 Services 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 Services may include functionality that allows certain kinds of interactions between the Services and your account on a third-party website, application or other service (such as Facebook or Google). 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 services with our Services. (d) We Do Not Track Disclosures As noted above, we may collect information about your online activity after you leave our Services using Tracking Technologies. 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 Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.  

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. 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 Services, 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 Services like message boards. The information you share in public areas may be viewed by any user of the Services. Unfortunately, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. 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 Services. Do Not Track Disclosures Do Not Track (“DNT”) is a privacy preference that visitors can set in their web browsers. When a visitor turns on DNT, the browser sends a message to websites requesting that they don’t track the visitor. Currently, there is no standardized way to respond to such signals, and we do not respond to such signals at this time. For information about DNT, visit www.allaboutdnt.org Access Upon request, we will provide you with a copy of your account data (EU customers only), or information about whether we hold, or process on behalf of a third party, any of your personally identifiable information. To request this information please contact us at info@americanfertility.com.  

3. HOW DO WE USE THE INFORMATION COLLECTED?

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

• to provide the Services to you;
• to suggest biomarkers to analyze and to design the test you will take;
• 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 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 Services’ features;
• to improve the Services, or our offerings;
• to provide customer support;
• to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services’ policies;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• for other internal purposes in connection with our business or the Services; 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?

Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by American Fertility Services. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We do not share, license or sell information we collect or receive from you through the Services in a personally identifiable form with third parties. We may de-identify your Personal and Demographic Information so that you are not identified as an individual, and provide that information to our partners (for example, to enable our partners to publish research based on such de-identified data). We may also provide aggregate Usage Information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person. 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) When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Services 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 Services or link to them from our Services. 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 or services from third parties through us where we indicate that the third party (not American Fertility Services) is the seller or provider of such products or services. You can recognize when a third party is associated with such a transaction or service instead of American Fertility Services, and we will share Your Information with such third party only to the extent that it is related to such transaction or service. 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. (b) Third Parties Providing Services on our Behalf. We may use third-party vendors, contractors, and other service providers to perform certain services on behalf of us or in connection with the Services, such as: (i) to assist us in operation; of the Services (ii) to manage a database of customer information; (iii) hosting the Services; (iv) designing and/or operating the Services’ features; (v) tracking the Services’ 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. For example, a certified medical provider may review your test report. Additionally, we may provide your personal information to a third-party payment processor, such as Stripe, to assist us in processing your payments. Unless we tell you differently, our service providers do not have any right to use the information we share with them beyond what is necessary to assist us. 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 if we receive information from such parties regarding how you can opt-out or customize their use of information about you, we will make that information available on our website. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options. (c) 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 our Terms of Use or other policies applicable to the Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Services 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. (d) 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 American Fertility Services; 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, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our 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. (e) Complaint with the 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 relevant information for 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: support@americanfertility.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. (f) 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 SITES APPEAR ON THE SERVICES?

The Services may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifiers when pages from the Services are served to you for their own commercial purposes. In addition, when you are on the Services you may be directed to other 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 Services onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal and Demographic 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 Services 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 your account settings or by contacting us by email at: support@americanfertility.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 Services, such as administrative and Services 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@americanfertility.com  

7. CAN I DELETE MY ACCOUNT?

If you no longer wish to use our Services, you may close your account by sending a request to support@americanfertility.com. When closing an account, we remove all personally identifiable information from your account within thirty (30) days of our receipt of your request. However, any Personal and Demographic Information or Health Information that you have previously provided and for which you have given consent to use in American Fertility Services research cannot be removed from ongoing or completed studies that use the information. Our contracted laboratories, doctors, and mobile phlebotomists may also retain Your Information as required by local law and we may retain backup copies for a limited period of time pursuant to our data protection policies. In addition, we retain limited amounts of your Personal and Demographic Information related to your order history (e.g., name, contact, and transaction data) as long as your account is active or as needed to provide you Services, as well as for accounting, audit and compliance purposes.  

8. Children’s Privacy

Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

9. Geolocation Data

With your express consent, we may access and track location data from your mobile device in order to personalize results or other content. We do not tie any personally identifiable information about you to any of the location tracking technologies that we use.  

10. WHAT ABOUT CHANGES TO THE PRIVACY POLICY?

We reserve the right to change this Privacy Policy at any time, but if we do, we will alert you to changes by placing a notice on our website (https://staging1.americanfertility.com/), by sending you an email, or by some other means. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Services indicates your consent to the privacy policy posted at the time of use. 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.