Effective as of November 20, 2015
Categories of Information We Collect
- Information You Provide to Us
When you interact with the Fertility Planit Website, you may choose to submit Personal Information to Fertility Planit, for example, when you register for an account, interact with the Website, or send us emails. “Personal Information” means information that can be used to identify and contact you, such as your name, email address, address, phone number, credit card information, and purchase history. Although you do not need to submit Personal Information to access the Website, if you do not disclose certain Personal Information to us, you will not be able to create a user account or register for any of the Fertility Planit interactive features (such as video webinars and group discussions). When you create an account, or access or use your account for purposes of accessing the Website, your email address and password will be used together so you can securely access and maintain your account.
Users can view and access their information through their personal profile page. You can change your information, keep it up-to-date to reflect an accurate profile, and limit the amount of information that is displayed to others through your profile. The processing of personal data is limited to the disclosed purposes set forth in this policy.
- Other Information We Receive and Store
We also collect and store non-personally identifiable information from you as a result of your visiting or interacting with the Website, registering for an account on the Website, or sending us emails, including your IP address, your email address, your browser type and version, your operating system and platform, your purchase history, products you view, products you search for, length of visits to pages and other browser interaction information.
Like many websites, we use website “cookies”, which enable you to use our services more easily and help us continuously improve our website and our service to you.
A “cookie” is a data file that is sent to your browser when you visit a website, and which may then be stored on your hard drive to help a website recall certain information about you when you return to the site, such as your preferences and account identification information. Our cookies do not read any data off of your hard drive, nor can we access cookie files created by other websites or track any Personal Information about you through the use of a cookie. You may have the option of setting your browser not to accept cookies, but doing so may negatively impact upon the performance of the Website or restrict us from fully serving your needs. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
- Use and Disclosure of Information We Collect
Generally, we use the information that you provide to us to process your member registration and to provide, enhance and personalize the Website and Fertility Planit’s services. We use the information automatically collected by our servers to monitor and analyze how users use the Website, and to maintain and improve the Website.
When you choose a user name for your account, it is very important that you choose one that does not reveal your personal name in order to avoid disclosure of your real name in the course of online discussions and other activities on the Website. We are not responsible for a third party’s ability to identify you by virtue of the user name you have selected.
- Use and Disclosure of Information
We will use and disclose your information only as follows:
(1) to identify your user account;
(2) to create groups;
(3) to post events;
(4) to post messages sent to another user’s inbox;
(5) to post opinions on products and/or services;
(6) to post an opinion;
(7) to post users in connect search results;
(8) to post user contributed news;
(9) to post lists of friends online;
(10) to post lists of connected friends;
(11) to send you Fertility Planit’s online newsletter (where you have opted in to receiving such communications from Fertility Planit when you registered for your user account);
(12) to confirm and process your orders;
(13) to follow up to make sure such orders are fulfilled;
(14) if, in the course of placing an order, you opt to receive occasional emails from us notifying you of special offers, we will use such information to notify you of such offers;
(15) if, in the course of placing an order, you opt to receive occasional emails from third parties to whom we provide your information, we will disclose such information to such third parties;
(16) to protect the rights and safety of our shareholders, members, officers, employees, customers, and us;
(18) as otherwise required by law.
- Sharing with Third Parties
We disclose your information to third parties only as follows:
(1) As reasonably required to fulfill your orders and collect sums due to us (such as to shippers and credit card processors);
(2) We may also disclose your information to third parties (such as to legal representatives and law enforcement) to protect the rights and safety of our shareholders, members, employees, customers, and us, as you expressly permit and as required by law (such as the result of a court subpoena).
(3) We may transfer your information in the event of the sale of substantially all of the assets of our business to a third-party or in the event of a merger, consolidation or acquisition. However, in such event, any acquirer will be subject to the provisions of our commitments to you.
(4) Certain portions of the Fertility Planit website contain features where users can interact with the site, such as video webinars and group discussions (“Interactive Features”). When you register for one of these Interactive Features, you are given the option of whether or not to allow Fertility Planit to share your contact information, including your user name and email address, with certain third parties, such as speakers and sponsors related to that Interactive Feature. You may opt out of having your information shared in this way by not checking the box to allow for such sharing when you register for the Interactive Feature.
Fertility Planit allows the user to control the extent to which other users may access their information by adjusting their personal privacy settings and monitoring their disclosure of information. Users should be aware that when they post on a community page, such as submitting an opinion or submitting a comment on an opinion, that posting may be accessed by third parties. Fertility Planit does not disclose any information to third parties for reasons other than those listed in this policy.
- Disclosure to Service Providers
We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate and enhance our business, such as to send out email updates about Fertility Planit, to remove repetitive information from our user lists, to process payments for products or services, or to provide search results or links (including sponsored links).
In connection with these offerings and business operations, our service providers may have access to your Personal Information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the purpose for which it has been collected, and other compatible uses, and no more information is collected than is required to satisfy the purpose for which it is collected.
- Sensitive Information
Any posting of sensitive material, such as that pertaining to racial or ethnic origins, political or religious beliefs, or health or sex life, by the user constitutes explicit consent by the user to our use and processing of the information. The user recognizes that the forums in which they participate, and the comments they post, may be read by other users. Again, please do not share any information you feel uncomfortable revealing to others.
- Third Party Advertisers
- Security of Information
We may use industry-standard security methods to store your Personal Information on a secure server. The Website may contain links to other sites, and we cannot maintain and are not responsible for maintaining your privacy once you leave the Website. If you provide any information to parties who operate websites that are linked to or from the Website, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review other sites’ policies before revealing any sensitive or Personal Information. Under no circumstances shall Fertility Planit or its successors or assigns have any liability whatsoever for the activities conducted by you on the Website or on any website accessed from or through the Website. Regardless of the precautions taken by us, we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
- Special Note to Users Outside of the United States
- Dispute Resolution
If you are using the website in the United States, the following terms apply:
- Arbitration Fees. All fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- Location. The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or Internet connection appearances.
- Limitations. You and FERTILITY PLANIT agree that any arbitration will be limited to the Dispute between FERTILITY PLANIT and you individually. YOU AND FERTILITY PLANIT AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
- Severability. You and Fertility Planit agree that if any portion of this Section 21 is found illegal or unenforceable (except any portion of Section 21.e above), that portion will be severed and the remainder of this section will be given full force and effect. If Section 12.e above is found to be illegal or unenforceable then neither you nor Fertility Planit will elect to arbitrate any Dispute falling within that portion of Section 21.e above found to be illegal or unenforceable and such Dispute will be exclusively decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and Fertility Planit agree to submit to the personal jurisdiction of that court.
- Limitation of Liability. WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FERTILITY PLANIT WILL BE SAFE OR SECURE. FERTILITY PLANIT IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FERTILITY PLANIT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FERTILITY PLANIT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FERTIILITY PLANIT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
General questions about Fertility Planit?
158 Blackfield Drive
Tiburon, CA 94920 USA