FERTILITY PLANIT

Effective as of November 20, 2015

 

PRIVACY POLICY

 

Fertility Planit and its affiliates, related companies, agents, and licensors (collectively, “Fertility Planit”, “we”, “us”, “our”), respects the privacy of our users and commits itself to protecting the data on Fertility Planit website at http://www.fertilityplanit.com or other sites owned by Fertility Planit (the “Website”) by adopting this privacy policy (“Privacy Policy”). Our Privacy Policy adheres to the principles of notice/awareness, choice/consent, access/participation and integrity/security in the collection and use of all information regarding our users and their activities on the Website. By using or accessing the Website, you are indicating your agreement to this Privacy Policy and its revisions.

Changes and Update to this Privacy Policy

Please refer to the effective date above, as this Privacy Policy may be revised from time to time. Fertility Planit may modify or update this Privacy Policy at any time, with or without notice to you other than posting a revised version of the Privacy Policy on the Website with an updated effective date. Any changes to the Privacy Policy will be effective immediately upon the posting of them to the Website. To stay aware of any changes, please revisit this page often. As a general matter, we will use your personal information as described in the current version of the Privacy Policy then in effect. Continued use of the Website indicates your acceptance of this Privacy Policy and any future revisions.

Categories of Information We Collect

  1. 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.

  1. 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.

  1. Use of Cookies

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.

  1. 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.

  1. 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;

(17) at our option, to notify you of any changes to this Privacy Policy or our other terms and conditions of this website (you are bound by the terms of any changes we post to our website whether or not we notify you by email) and

(18) as otherwise required by law.

  1. 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.

  1. 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.

  1. 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.

  1. Third Party Advertisers

Advertisements that appear on Fertility Planit are sometimes delivered directly to users by third party advertisers which may automatically receive non-personally identifiable information (such as your IP address) when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and “web beacons” (also known as “1×1 gifs”), to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time it sends you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Fertility Planit does not have access to or control of the cookies that may be placed by the third party advertisers.

This Privacy Policy covers the use of cookies by Fertility Planit and does not cover the use of cookies or other tracking technologies by any of its advertisers or other third-parties, known or unknown.

  1. 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.

  1. General

This Privacy Policy is governed by the internal substantive laws of the United States of America and the State of California, without regard to its conflict of laws principles. If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect. UNDER NO CIRCUMSTANCES SHALL FERTILITY PLANIT HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THE BREACH OF THIS PRIVACY POLICY, HOWEVER OCCASIONED.

  1. Special Note to Users Outside of the United States

The Fertility Planit website is hosted in the United States. If you are a user accessing the website from any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the website, which is governed by U.S. law, this Privacy Policy and our Terms of Service, you are transferring your Personal Information to the United States and you hereby consent to the transfer of such information outside of the country where you are located. For the avoidance of doubt, any information we or you may share with any third party may be transmitted to and stored by such parties on servers in the United States.

  1. Dispute Resolution

If you are using the website in the United States, the following terms apply:

  1. Negotiation. Before initiating any arbitration or legal proceeding, you and Fertility Planit agree to first attempt to negotiate any dispute or controversy related to these this Privacy Policy (“Dispute”) informally for at least thirty (30) days. Negotiations will begin upon written notice from one party to the other. Fertility Planit will send its notice to your billing or other physical address (if on file with Fertility Planit) and email you a copy to the email address you have provided. You will send your notice to Fertility Planit at 158 Blackfield Drive, Tiburon, CA 94920.
  2. Binding Arbitration. If the parties fail to resolve a Dispute through negotiations within the above thirty (30) day period, you and Fertility Planit agree that, except as provided in Section 21.e below, all Disputes will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Privacy Policy. In the event of a conflict between the terms set forth in this Section 21 and the JAMS Rules, the terms in this Section 21 will control and prevail. You may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Fertility Planit will have the opportunity for discovery of non-privileged information that is relevant to the Dispute. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Dispute, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. Except as otherwise provided in the Terms of Use, (i) you and Fertility Planit may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND FERTILITY PLANIT ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
  3. Arbitration Fees. All fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
  4. Location. The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or Internet connection appearances.
  5. 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.
  6. Remedies. You acknowledge and agree that your sole remedy under this Privacy Policy shall be an action at law to recover monetary damages, if any. In no event will you have a right to injunctive or other equitable relief hereunder.
  7. 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.
  8. 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.

VII. Questions

If you have any questions about our Privacy Policy, feel free to contact us by sending an email to:

privacy@fertilityplanit.com.

 

General questions about Fertility Planit?

Email: info@fertilityplanit.com

 

158 Blackfield Drive

Tiburon, CA 94920 USA