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PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
[Last Modified: July 15, 2024]
Applicability
The California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”), together with any other California privacy laws, and this CCPA Notice apply to Visitors, Customers, applicants for employment, and independent contractors, and others who are California residents (“consumers” or “you”). Any terms defined in the CCPA and CPRA have the same meaning when used in this CCPA Privacy Notice.
This CCPA Notice is an integral part of our Privacy Policy, and thus, definitions used herein shall have the same meaning as defined in the Privacy Policy.
This CCPA Notice is relevant for residents of California and pertains to Personal Information that we collect both directly and indirectly in our role as a Business during the use or provision of our Services. If you are an End User, as defined in our Privacy Policy (specifically, a user of our App for managing your fertility treatments), your Personal Information is likely processed by us acting as a “Service Provider” for one of our Customers, which is usually your healthcare provider. In such instances, the Customer is considered the “Business” and retains ownership of your Personal Information. This Notice details only our data collection practices as a Business. It does not affect our responsibilities under the CCPA, but please be aware that the Customer is accountable for providing you with disclosures and information about how your data is processed and used.
PART I: A COMPREHENSIVE DESCRIPTION OF THE INFORMATION PRACTICES:
(1) Categories Of Personal Information
We collect Personal Information which is defined under the CCPA as any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device, all as detailed in the table below. Personal Information further includes Sensitive Personal Information (“SPI”).
Personal Information does not include: publicly available information that is lawfully made available from government records, that a consumer has otherwise made available to the public; De-identified or aggregated consumer information; Information excluded from the CCPA’s or CPRA’s scope, such as: Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA) and the Driver’s Privacy Protection Act of 1994.
Furthermore, as explained above, although our Product and Services involve the processing of “Sensitive” data as defined under US State Laws, including health-related data of End Users, we are not the Business or legal controller of such data. Therefore, the disclosures in this CCPA Notice do not apply to such data. We act solely as a Data Processor, processing data strictly according to our Customers’ instructions, who are the relevant Business pertaining to such data.
Please see below a table detailing the categories of Personal Information that we collect as a Business (and has collected within the last 12 months):
(2) Disclosures Of Personal Information for a Business Purpose
We may disclose your Personal Information to a contractor or service provider for our business purposes. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except fulfilling the contract. In the preceding twelve (12) months, we disclosed the following categories of Personal Information for a business purpose:
| Category (corresponding with the table above) | Category of Recipient | Business Purpose |
1 | Category I | Cloud computing and storage vendors. | Storage, hosting. |
2 | Government entities/Law enforcement. | Subject to a law requirement, such as tax authorities. | |
3 | Operating systems. | Operating the Product and Site. | |
4 | Category A Category D Category F Category G | Data analysis providers.
| Providing analytic data on the use of our Site and Product. |
6 | Category B Category D Category F Category G | Marketing & promotions providers, CRM providers, social networks, advertising networks. | Marketing which is not cross-contextual, ad delivery. |
7 | Category A Category F | Security service providers. | Debugging, security, fraud prevention. |
9 | Category A Category B Category D Category F Category I | Customer support providers. Affiliated companies. | Customer and technical support. |
(3) How We Collect Personal Information
We collect the categories of Personal Information detailed above, in the following ways:
(4) Use Of Personal Information
We may use, or disclose the Personal Information we collect for one or more of the following business purposes:
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
(5) Sale Of Personal Information
In the preceding twelve (12) months, we do not “sell” information as most people would commonly understand that term, we do not, and will not, disclose your Personal Information in direct exchange for money or some other form of actual payment. We may “share” Personal Information for “interest-based advertising” or “cross-context behavioral advertising”. The CCPA defines “sharing” as “communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information” to “a third party for cross-context behavioral advertising, whether or not for money or other valuable consideration”. In other words, we may share your Personal Information with a third party to help serve personalized content or ads that may be more relevant to your interests, and to perform other advertising-related services such as enabling our partners to serve such personalized content.
In the preceding twelve (12) months, we “sell” or “share” the following categories of Personal Information for a business purpose:
Category (corresponding with the table above) | Category Recipient | Purpose of Sale or Share |
Category A Category G | Ad-network and advertising partners. | Sale/Share for cross-context behavioral advertising. |
Please note that we will never Share or Sale Sensitive or Health-related data with a third party, unless such sharing is permitted under law, and after having proper contractual arrangements in place, ensuring, inter alia, that such data will not be used by such third party for marketing or any other unlawful purpose (unless authorized to do so under law, e.g., per your consent).
(6) Data Retention
In general, we retain the Personal Information we collect for as long as it remains necessary for the purposes set forth above, all under the applicable regulation, or until you express your preference to optout, where applicable.
The retention periods are determined according to the following criteria:
· For as long as it remains necessary in order to achieve the purpose for which the Personal Information was initially processed. For example, if you contacted us, we would retain your contact information at least until we address your inquiry.
· To comply with our regulatory obligations. For example, transactional data will usually be retained for seven years as of termination of engagement (or even more under certain circumstances) for compliance with our bookkeeping obligations purposes.
· To resolve a claim, we might have a dispute with you, including any legal proceeding between us, until such dispute is resolved, and following, if we find it necessary, in accordance with applicable statutory limitation periods.
Please note that except as required by applicable law, we will not be obligated to retain your data for any particular period, and we may delete it for any reason and at any time, without providing you with prior notice of our intention to do so.
(7) Amendments
As required under the CCPA, we will update this Privacy Notice every 12 months. The last revision date will be reflected in the “Last Modified” heading located at the header of the Privacy Notice.
(8) Children Under Age 16
We do not knowingly collect information from children under the age of 16.
PART II: EXPLANATION OF YOUR RIGHTS UNDER THE CCPA and how to exercise them
(1) Users’ Rights
If you are a California resident, you may exercise certain privacy rights related to your Personal Information. You may exercise these rights free of charge except as otherwise permitted under applicable law. We may limit our response to your exercise of these privacy rights as permitted under applicable law, all as detailed herein and in the Data Subject Request Form available HERE.
To learn more about your California privacy rights, please visit https://oag.ca.gov/privacy/privacy-laws.
(2) How Can You Exercise the Rights?
We provide option to opt out of Sharing for Cross-Contextual Behavioral Advertising or Selling Personal Information by using the following opt-out options:
· Use the “Do Not Sell or Share My Information” through the cookie setting tool available on our Site.
· To opt out from cross contextual ads you can further use these links:
– Network Advertising Initiative’s (“NAI”) HERE;
– Digital Advertising Alliance’s (“DAA”) HERE Or the European Interactive Digital Advertising Alliance (“EDAA”) HERE;
– California and Colorado resident and wish to opt-out from having your data used for interest-based advertising, you may exercise your right here: https://optout.privacyrights.info/.
· We also are able to affirmatively the Global Privacy Control preference.
Other rights may be exercised by using the Data Subject Request Form HERE. The instructions for submission, the general description of the process, verification requirements, when applicable, including any information the consumer or employee must provide are all detailed therein.
(3) Authorized Agents
“Authorized Agents” may submit opt out requests on a consumer’s behalf. If you have elected to use an authorized agent, or if you were an authorized agent who would like to submit requests on behalf of a consumer, the following procedures will be required prior to acceptance of any requests by an authorized agent on behalf of a California consumer. Usually, we will accept requests from qualified third parties on behalf of other consumers, regardless of either the consumer or the authorized agent’s state of residence, provided that the third party successfully completes the following qualification procedures:
· When a consumer uses an authorized agent to submit a request to know or a request to delete, a business may require that the consumer do the following:
– Provide the authorized agent signed permission to do so or power of attorney.
– Verify their own identity directly with the business.
– Directly confirm with the business that they provided the authorized agent permission to submit the request.
· A business may deny a request from an authorized agent that does not submit proof that they have been authorized by the consumer to act on their behalf.
(4) Notice Of Financial Incentive
We do not offer financial incentives to consumers for providing Personal Information.
PART III: OTHER CALIFORNIA OBLIGATIONS
(1) Direct Marketing Requests:
California Civil Code Section 1798.83 permits you, if you are a California resident, to request certain information regarding disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please use the Data Subject Request Form available HERE.
(2) Do Not Track Settings:
Cal. Bus. And Prof. Code Section 22575 also requires us to notify you how we deal with the “Do Not Track” settings in your browser. As of the effective date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we so not respond to the Do Not Track settings. Do Not Track is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites. For more details, including how to turn on Do Not Track, visit: www.donottrack.us.
(3) California’s “Shine the Light” law (Civil Code Section § 1798.83):
Permits employees that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us the Data Subject Request Form available HERE.
FertilAI Ltd..,
● By Email – privacy@fertilai.com
● By Mail – FertilAI Ltd., Ariel Sharon St 4, Giv’atayim, 5320047, Israel.
All The Rights Reserved To FertilAi 2022