● The Content you upload to the Platform or the Services is intended to be confidential, but may be reviewed by us and the Medical Care Providers with whom you are associated.
● You are not required by law to provide us with any the Personal Data. Sharing the Personal Data with us is entirely voluntary.
● Our Platform and the Services are intended for users over the minimum age for providing consent to processing of the Personal Data in the relevant jurisdiction. Children or minors under such age are not permitted to register to the Platform or use the Services. If you are under such age you should cease using the Platform or the Services immediately.
● You may be entitled under applicable law to request to review, amend, erase or restrict the processing of your Personal Data. Please note that in case you request to erase or restrict the processing of your Personal Data, your use of the Platform or the Services may be restricted or disabled.
“Affiliate” shall mean shall mean with respect to any Person, any other Person that, directly or indirectly, controls, is controlled by, or is under common control with, such Person.
“Anonymized Data” shall mean data that has undergone a process of either irreversibly encrypting or removing any data that would allow, alone or in combination with data from other sources, allow for the identification of an individual, such that following the anonymization process of any such data, the persons named, described or otherwise identified in such data shall remain anonymous and cannot be re-identified without any extraordinary efforts.
“CCPA” shall have the meaning set forth in Section 8.
“Content” shall mean any (i) content or data provided by you to the Company; (ii) content or data entered, imported to, or otherwise provided as input to the Platform as part of your use of the Platform; (ii) any content provided to us or entered, imported to, or otherwise provided as input to the Platform by your Medical Care Providers; and (iii) content or data that the Platform generates or derives in connection with your use.
“GDPR” shall have the meaning set forth in Section 7.
“Medical Care Providers” shall mean an individual licensed or certified in any medical profession, including but not limited to a physician, physician assistant, nurse, emergency medical care provider, certified nurse’s aide, pharmacist, physical therapist, and medical technologist or other health care provider or agency licensed by their respective government, or otherwise lawfully providing medical care or services, or an officer, employee, or agent thereof acting in the course of and scope of employment.
“Medical Data” shall mean medical information, including but not limited to, blood test results, ultrasound scans, period dates, pregnancy test results, estimated ovulation dates, various correspondences and communication carried out through the application with Medical Care Providers, medicines and times or instructions in connection with taking medicines, various medical operations related to the Services, as well as instructions with respect to medical procedures, including, but not limited to, instructions in connection with: filling in the period date, contacting the attending Medical Care Providers, performing a pregnancy test, performing a blood test, undergoing an ultrasound scan, taking medicine or performing an injection.
“Non Personal Data” shall mean non-identifiable information which may be made available or gathered through use of the Platform or the Services by the Users.
“Person” shall mean any individual or corporate entity including but not limited to any firm, partnership, joint venture, trust, corporation, limited liability entity as well as any unincorporated organization, estate or any other entity (including a governmental authority).
“Personal Data” shall mean any information that alone or in combination with other information can be used to specifically identify an individual, including but not limited to first and last name, phone number, email address, IP address, billing information, information about an individual’s personality, location, personal status, intimate affairs, health, financial information, vocational qualifications, opinions or beliefs.
“UK GDPR” shall have the meaning set forth in Section 7.
3. THE TYPES OF DATA THE COMPANY COLLECTS ABOUT USERS; WHAT IS THE PERSONAL DATA?
3.1. Non Personal Data. We collect Non Personal Data regarding users with respect to their use of the Platform or the Services, such as the scope, frequency, latency, pages accessed, what and when a user views or interacts with in connection to the content and materials displayed
through our Platform or the Services, and other technical information regarding the device used to access the Platform or the Services, such as model, operating system, etc.
Please note that unlike Personal Data, Non Personal Data is not identifiable to a specific individual and therefore, while processing Non Personal Data, the Company is not aware of your identity as a result of such Non Personal Data.
3.2. Personal Data. In order to operate the Platform and provide the Services We collect the following Personal Data:
3.2.1. Account Registration. If you choose to register an account as part of the Services or if You are registered through or by your Medical Care Provider, you or your Medical Care Provider may be requested to provide us with certain the Personal Data, such as your full name, phone number, e-mail address, billing information, geographic location, age, social security number, identification number, date of birth, height, weight, interests and graphic content including pictures, etc. If you choose to use the “Contact Us” feature on our Platform, you will be requested to provide certain the Personal Data, such as full name, e-mail address, etc. In connection with users who are Medical Care Providers, we will collect certain information with respect to their licensing data such as license number, I.D. number, etc.
3.2.2. Medical Care Providers. In the course of your use of the Platform or the Services your Medical Care Providers will enter or import from other systems into, or otherwise provide, the Platform or the Services with certain Content, the Medical Data and other information.
3.2.3. Medical Data. As part of using the Platform and the Services, each of our Users and their respective Medical Care Providers will be allowed to enter results of medical tests, communicate with each other, administer treatment and medications and document medical procedures and results as set forth in the Terms.
3.2.4. The Platform. When you interact with the Platform or the Services, we may collect additional information, such as, session duration, page impressions, advertisements viewed or clicked on, internet protocol (IP) address or the frequency and the extent of your use.
3.2.5. Data related to Sexual Activity. The platform may contain recommendations and other data and Content with respect to the performance of sexual activity.
3.4. We may also acquire information from other trusted sources to update or supplement the data that You voluntarily provide to us or that we collect automatically. Whenever required under applicable law, we will obtain consent prior to collection of Personal Data, and always offer the choice to opt-out.
3.5. Please use caution and discretion when posting Content to the Platform’s generally accessible areas such as any community pages and your publicly visible profile. The Platform may connect You to other Users (including but not limited to other Users or your Medical Care Providers), without notifying you in advance to which Users your Content may reach. You should be aware that content you post on the Platform or the Services may reach anyone, including people you may know or who know you, and you should not post any content you wish to keep confidential or private.
4. TRACKING TECHNOLOGIES
4.1. When you use the Platform or the Services, we may use tracking technologies known as cookies or web beacons and or similar technologies. Cookies are small text files stored in a user’s browser, and web beacons are electronic images that allow to count visitors who have accessed a particular page and to access certain cookies. Cookies are normally used by websites that use third party traffic monitoring and tracking services.
5. SHARING DATA WITH THIRD PARTIES
5.1. Please note that we do not share any Personal Data collected from you with third parties or any of our partners except in the following events and solely to the extent needed:
5.1.2. To Provide your Medical Care Providers with any Content or information available in the Platform that is relevant for your treatment;
5.1.3. We may share IP addresses collected by us, for the purpose of detecting any fraud, illegality, security risks or other technical issues as related to the Platform or the Services or as required for the operation and improvement of the Platform or the Services;
5.1.4. If the Company is required or reasonably thinks that it is required by law or law enforcement agencies to share or disclose your information;
5.1.5. In any case of conflict, dispute, or legal proceeding of any kind between users and the Company or between you and other users with respect to, or in relation with the Platform or the Services;
5.1.7. As required to prevent damage or breach to the rights or interests (including any legal rights) of third parties, including with respect to safety issues of the Company, our users or any applicable third party;
5.1.8. If the Company organizes the structure or business of the Platform or the Services within a different framework, or through another legal structure or entity, or in case of sale or merger of the Company; and
5.1.9. In certain cases we may disclose Personal Data to our trusted partners and service providers so that they can perform certain services on our behalf, such as fraud detection, server and data storage provision or for security purposes.
6. EU RELATED PROVISIONS
6.1. The Lawful Basis Under Which the Company Processes Personal Data.
6.1.1. Where a User uses the Platform, we process Personal Data of such User in order to perform our contract with such User (as embodied in the Terms) or to provide the Services to such User;
6.1.2. We process Personal Data, as described below, under the lawful basis which relies on our legitimate interests. Such interests include, among other things, processing Personal Data of our users: (i) as required for the provision of the Services in accordance with Recital 47 of the GDPR; (ii) as necessary for the purposes of preventing fraud or exploiting or abuse of the Platform or the Services; (iii) as necessary for the performance direct marketing and communication purposes; (iv) as required to be shared among our Affiliates for the purpose of the provision of the Services; or (v) as required for the prevention of unauthorized access to electronic communications networks and malicious code distribution or stopping ‘denial of service’ attacks and damage to computer and electronic communication systems.
6.1.3. Some types of Personal Data, such as third-party cookies we use are based on consent provided to us by the Users as set forth in Section 4; and
6.1.4. Some of Personal Data may be processed by our trusted third party partners, as described below, under the lawful basis which relies on our legitimate interests, except where such interests are overridden by the fundamental rights of individuals which require protection of Personal Data.
6.2. Will the Company transfer my Personal Data Internationally?
6.3. Right of erasure and restriction.
You may be entitled to request the erasure or the restriction of your Personal Data, and we will comply with such requests, to the extent required under applicable law.
6.4. Reviewing and amending your Personal Data.
You may send us a request in connection with reviewing your Personal Data to: firstname.lastname@example.org. In the event any Personal Data is incorrect or outdated, You may update and correct such data by providing us with appropriate notification or correcting the data directly on the Platform, where possible.
6.5. Retention of Data.
We reserve the right to retain any Personal Data for as long as reasonably necessary in order to: (i) fulfill the purposes described herein; (ii) in the defense or assertion of legal claims and liability; (iii) for the analysis and development of the Platform or the Services; and (iv) to comply with applicable laws, regulations or rules. Non Personal Data and Anonymized Data may be retained by us without limitation.
6.6. Portability of Personal Data.
To the extent relevant to You and to the Platform or the Services, You may be entitled to request the portability of your Personal Data, and we will comply with such requests, to the extent required under applicable law.
6.7. Objection to processing of Personal Data and Profiling.
You have the right to object, to or to request restriction, of the processing of your Personal Data and You have the right to object to profiling.
6.8. Withdrawal of Consent.
You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
6.9. Cross-Border Data Transfers.
You also have a right to request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality.
You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that You please attempt to resolve any issues with us before You contact your local supervisory authority and/or relevant institution by contacting us at: email@example.com.
6.11. Cookies Consent Withdrawal.
7. CALIFORNIA RESIDENTS RELATED PROVISIONS
7.1. Personally Identifiable Information Collected. The Company has collected the following categories of Personally Identifiable Information from consumers within the last twelve (12) months or may collect:
7.1.1. Identifiers and Personal Information categories listed in the California Customer Records statute. These include name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) addresses or email addresses (collectively, “Identifiers”)
7.1.2. Internet or other electronic network activity information, including, but not limited to log-in and log-out time, the duration of sessions, the content uploaded and downloaded, viewed web-pages or specific content on web pages, activity measures as well as your access device and connection information such as browser type, version, and time zone setting and browser plug-in types and versions
7.1.3. Customer records information such as Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit or debit card number, other financial information, medical information, health insurance information.
7.1.4. Geolocation data.
7.1.5. Characteristics of protected classifications under California or federal law such as sexual orientation, gender identity, gender expression, or age.
7.1.6. Inferences drawn from any of information identified above to create a profile about consumers.
7.1.7. Certain “protected health information” (PHI) collected which is subject to, and governed by, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and California’s Confidentiality of Medical Information Act (“CMIA”).
7.2. Our Categories of Sources for Personally Identifiable Information. The Company obtains the categories of Personally Identifiable Information listed above from the following categories of sources:
7.2.1. The Users of our Platform.
7.2.2. Third party service providers assisting us in connection with security and obtaining fraud protection as well as performing ‘know your customer’ and anti money laundering investigations if the Company is required to perform the same in accordance with applicable law.
7.3. What Does the Company Do with personal data or Personally Identifiable Information?
7.3.1. The Company further uses Personally Identifiable Information to enable the Platform and the Services, to study and analyze the functionality of the Platform and the Services, to provide support, to measure the Platform and the Services activity, to maintain the Platform and the Services, to make the Platform and the Services better, and to continue developing the Platform and the Services.
7.3.2. If You provide us your email address, the Company may use it to contact You when necessary, to provide information and notices about the Platform and the Services. The Company may include commercial and marketing information about our Platform and the Services.
7.4. Our Use and Disclosure Practices.
7.4.2. The Company discloses Personally Identifiable Information to third parties for business purposes as described above under the section titled “Sharing Data with Third Parties” in this policy.
7.4.3. In the preceding twelve (12) months, the Company has disclosed the following categories of Personally Identifiable Information for business purposes: (i) Identifiers. (ii) Internet or other electronic network activity information. (iii) Inferences drawn from any of information identified above.
7.5. Your Rights as a California Resident. You are entitled to the following specific rights under the California Consumer Privacy Act in relation to your Personally Identifiable Information:
7.5.1. Access to Specific Information and Data Portability Rights. You have the right to request that the Company will disclose certain information to You about our collection and use of your Personally Identifiable Information over the past 12 months. After verifying your request, the Company will disclose to You:
(i) The categories of Personally Identifiable Information that the Company collected about You;
(ii) The categories of sources for the Personally Identifiable Information that the Company collected about You; and
(iii) Our business or commercial purpose for collecting or selling Personally Identifiable Information related to You.
(iv) The categories of Personally Identifiable Information that the Company disclosed for a business purpose or sold, and the categories of third parties to whom the Company disclosed or sold that particular category of Personally Identifiable Information;
(v) The specific pieces of Personally Identifiable Information that the Company has collected about You;
(vi) If the Company sold or disclosed Personally Identifiable Information related to You for a business purpose, the Company will provide You with two separate lists which will identify the Personally Identifiable Information categories that each category of recipient purchased or obtained.
7.5.2. Deletion Rights. You have the right to request that the Company delete Personally Identifiable Information related to You that the Company has collected from You. After verifying your request, the Company will delete the Personally Identifiable Information that You have requested to delete from our records, unless an exception applies (such as if the Company is required to maintain records in accordance with applicable law).
7.5.3. The Right to Opt-Out. You have the right to opt out of the sale of Personally Identifiable Information related to You. For a period of 12 months following the execution of your request to opt out, the Company will not ask your permission to sell Personally Identifiable Information related to You.
(i) Exercising your Rights.
(ii) To exercise the access, data portability, and deletion rights described above, please submit your request to us by sending us a detailed message to: firstname.lastname@example.org.
(iii) To exercise your right to opt out of the sale of Personally Identifiable Information related to You, please submit your request to us by sending us a detailed message to: email@example.com.
(iv) Only You or a person authorized to act on your behalf, may make a request related to Personally Identifiable Information. You may also make a request on behalf of your minor or child.
(v) A request for access can be made by You only twice within a 12-months period.
(vi) The Company cannot respond to your request or provide You with the requested Personally Identifiable Information if the Company cannot verify your identity or authority to make the request and confirm the Personally Identifiable Information that relates to You. The Company will only use the Personally Identifiable Information provided in your request to verify your identity or authority to make the request.
(vii) The Company will do the Company’s best to respond to your request within 45 days. If the Company need more time (up to additional 45 days), the Company will inform You of the reason and extension period in writing. The Company will deliver our written response by email.
(viii) Any disclosures that the Company will provide will only cover the 12-months period preceding receipt of your request.
(ix) Any response the Company will provide will also explain the reasons for our inability to comply with your request, if applicable.
(x) The Company does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If the Company determines that the request warrants a fee, the Company will inform You of the reasons for such decision and provide You with a cost estimate before processing further your request.
8. PROTECTION OF PERSONAL DATA
with respect to the Company’s privacy and data protection practices, please contact us at: firstname.lastname@example.org.
8.2. Although the Company makes best efforts to protect Personal Data, please be aware that these security measures cannot fully eliminate security risks associated with Personal Data. Therefore, while the Company strives to use commercially acceptable means to protect Personal Data, the Company cannot guarantee its absolute security, and therefore, subject to applicable laws and regulations, the Company shall not be liable for any damages caused by unauthorized access to your Personal Data.
8.3. Please note that in the event of a security incident, in which the Company discovers that your Personal Data may be at risk, the Company will take reasonable efforts to notify You and the applicable authority (if required, subject to applicable laws and regulations).
10. PERSONS UNDER 18
10.1. Our Platform and the Services are intended for Users over the minimum age for providing consent to processing of the Personal Data in the relevant jurisdiction. Children or minors under such age are not permitted to register to the Platform or use the Services. If You are under such age, You should cease using the Platform or the Services immediately.
10.2. If a parent or guardian becomes aware that his/her child has provided us with Personal Data, he/she should contact us immediately. We do not knowingly collect or solicit Personal Data from people under 18 years old (or the applicable minimum age for providing consent to processing of the Personal Data in any jurisdiction we operate in). If we become aware that a person under 18 years old has provided us with Personal Data, we will delete such data from our databases. If You are aware that your child has provided us with Personal Data, please contact us at: email@example.com.
11. LINKS TO THIRD PARTY WEBSITES AND APPLICATIONS
11.2. We are not responsible for the content or privacy practices of websites which are linked via the Platform. Links from the Platform to third parties or other sites are provided for the convenience of the Users. You should learn about the privacy practices of each the Website before providing them with Personal Data.
12. WILL I RECEIVE PROMOTIONAL MATERIALS FROM THE COMPANY?
The Company does not send users any commercial or promotion information via direct mailing such as emails or SMS messaging without obtaining the explicit prior consent of the Users. You may unsubscribe from receiving such communications at any time, by sending us a notification to: firstname.lastname@example.org or by following the instructions for unsubscribing included in such communications.
13. APPLICABLE LAWS
14. QUESTIONS OR CONCERNS REGARDING PRIVACY
14.1. If You have any questions or concerns regarding privacy issues, please send us a detailed message to: email@example.com and we will make every effort to resolve your concerns without delay.
14.2. You are also entitled to file a complaint with the appropriate supervisory authority in connection with concerns You may have with regards to your privacy and Personal Data. We ask that You please attempt to resolve any issues with us before You contact your local supervisory authority and/or relevant institution by contacting us at: firstname.lastname@example.org.