PRIVACY POLICY

This Privacy Policy was last updated January 26, 2023

OUR POLICY:

Thanks for using the Fertility Gateway mobile application, which provides patients information about women’s health (the “App”), operated by Ivy Fertility Services, LLC (“Ivy Fertility”, “we”, “us” and/or “our”). In addition to making available the App, this website (the “Site”) is operated by Ivy Fertility and has been created to provide information about our company and the services we offer, including the App and any other mobile applications we make available and related services (collectively, the “Services”) to our Service visitors and users (“you”, “your”). This Privacy Policy sets forth Ivy Fertility’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected on or in connection with the Services

Before using the Service or submitting any Personal Data to Ivy Fertility, please review this Privacy Policy carefully and contact us at the email set forth below if you have any questions. By using the Services, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Services.

Ivy Fertility is committed to maintaining the confidentiality, integrity and security of the Personal Data provided by our users. We are not in the business of selling your Personal Data to third parties.

YOUR PERSONAL DATA:

We believe that you own your Personal Data, and we enable you to keep your Personal Data accurate, current, and complete, by updating your Personal Data in the App whenever appropriate or by contacting us as specified below. We will take reasonable steps to update or correct your Personal Data in our possession that you have previously submitted.

You may also request that we terminate your account and delete your Personal Data at any time. When you make such a request, your Personal Data will be permanently expunged from our primary production servers and further access to your account will not be possible.

INFORMATION WE COLLECT:

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, register for access to the App, select or enter Personal Data on the App (including Protected Health Information, as defined below), respond to one of our prompts, or use certain Services.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Ivy Fertility and the authorized third parties referred to herein located in the United States.

Other Information:

Non-Identifiable Data: When you interact with Ivy Fertility through the Services, we receive and store certain personally non-identifiable information. Ivy Fertility may store such information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating the Services, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

Aggregated or De-Identified Personal Data: In an ongoing effort to better understand and serve the users of the Services, Ivy Fertility often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregated and/or de-identified basis, and we may share this aggregated and/or de-identified data with our affiliates, agents and business partners in order to advance research related to healthcare innovation or improve access to healthcare. Ivy Fertility may also disclose aggregated and/or de-identified user statistics and other metrics related to our Service in order to describe our services to current and prospective business partners, and to other third parties and for other lawful purposes. For clarity, any data that has been aggregated and/or de-identified shall not be considered Personal Data under this Privacy Policy.

Location Information: Our Service may collect and use your location information (for example, by using the GPS on your mobile device) to provide certain functionality of our Service. If you choose to enable certain location sharing features, your location information may be publicly displayed within the Service. Please keep in mind that other users can see this information about you, and they may use it or disclose it to other individuals or entities outside of our control and without your knowledge. Your location information may be subject to abuse, misuse, and monitoring by others, so please be careful if you choose to enable location functionality. We may also use your location information in an aggregate way, as described above in the “Aggregated or De-Identified Personal Data” section.

Analytics and Tracking Technologies: We may, and we may allow third party service providers to, use cookies (as noted above) or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/ .
Our Site currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

Protected Health Information: Some of the Personal Data we process may be subject to laws and regulations, such as rules issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), that govern the use and disclosure of certain individually identifiable health-related personal information (“Protected Health Information”). Such Protected Health Information may be used, for example, to assist physicians in the diagnosis and treatment for fertility services.. When Ivy Health receives Protected Health Information, it does so as a “covered entity” or “business associate” of certain health care providers under an agreement that, among other things, prohibits us from using or disclosing the Protected Health Information in ways that are not permissible by the health care provider itself, and requires us to implement certain measures to safeguard the confidentiality, integrity, and availability of the Protected Health Information. When we act as a business associate, we may be subject to certain laws and regulations, including certain HIPAA rules, that govern our use and disclosure of Protected Health Information and that may be more restrictive than otherwise provided in this Privacy Policy.

OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION:

Ivy Fertility uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Ivy Fertility may share Personal Data with our current and future affiliates, meaning an entity that controls, is controlled by, or is under common control with Ivy Fertility (the “Related Companies”). The Related Companies may use the Personal Data that Ivy Fertility shares in a manner consistent with this Privacy Policy, including without limitation to help us improve the content and functionality of the Services or to better understand our users and to improve the Services. The Related Companies may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

Certain other ways we may use your Personal Data are as follows:

• To personalize your engagement with the Services and to allow us to deliver the type of content in which you are most interested.
• To quickly process your transactions.
• To verify and validate your identity.
• To administer a promotion, survey or other Service feature.
• To troubleshoot problems with the Services, or any services, as requested.
• To enforce the Service Terms Of Service found at ivyfertility.com and to detect and protect against error, fraud and other unauthorized or illegal activities.
• To attempt to contact you regarding safety issues.
• To provide any legitimate business service or product.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION:

We consider your Personal Data to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties, in some cases with or without further notice to you, as set forth below:

Your Express Authorization: We may, from time to time, request your express authorization to share your Personal Data with certain business partners, including data that may be protected under various privacy laws, including Protected Health Information. Such data may be used, for example, to collaborate with other medical professionals as part of diagnostic and treatment and to make available preferences and options for third party services (e.g., egg donors).

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Ivy Fertility, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Ivy Fertility may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Ivy Fertility, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

YOUR CHOICES:>

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

EXCLUSIONS:

This Privacy Policy does not apply to any Personal Data collected by Ivy Fertility other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Ivy Fertility through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Ivy Fertility shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

CHILDREN:

Ivy Fertility does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Ivy Fertility through the Services, please contact us, and we will endeavor to delete that information from our databases.

LINKS TO OTHER WEB SITES:

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Ivy Fertility (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Ivy Fertility endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

SECURITY:

Ivy Fertility takes commercially reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, access to any Personal Data you provide is restricted and used in accordance with this Privacy Policy. The vendors and service providers with whom we engage have been selected in accordance with our security policies and practices and are bound by confidentiality obligations. They may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We also use a combination of firewall barriers, encryption techniques and authentication procedures, among others, designed to maintain the security of your online session and to protect Ivy Fertility accounts and systems from unauthorized access. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Ivy Fertility via the Internet.

NOTE TO CALIFORNIA RESIDENTS:

Where provided for by law and subject to any applicable exceptions, California residents may have the following rights:

• Know: You can request to know the categories of Personal Data that Ivy Fertility has collected about you, the business purpose for collecting your Personal Data, the categories of sources from which the Personal Data was collected, whether Ivy Fertility has disclosed your Personal Data for business purposes, the categories of Personal Data so disclosed, and the categories of third parties to whom we have disclosed your Personal Data (we provide this information in the Our Disclosure of Your Personal Data and Other Information section above);


• Access: You can request access to the specific pieces of Personal Data that Ivy Fertility has collected about you;


• Delete: You can request that we delete the Personal Data we collected from you; and


• Opt out: You can instruct businesses that sell your personal information to stop doing so – Ivy Fertility, however, does not sell personal information.

If you would like to exercise any of these rights, or want an alternative form of this Privacy Policy, please contact us at the email address identified below. After we receive your request, we may request additional information from you to verify your identity. Your authorized agent may submit requests in the same manner, although we may require the agent to present signed written permission to act on your behalf, and you may also be required to independently verify your identity with us and confirm that you authorized the agent to submit the request. We will not treat you differently for exercising your rights.

OTHER TERMS AND CONDITIONS:

Your access to and use of the Services is subject to the Terms of Service

CHANGES TO OUR PRIVACY POLICY:

The Services and our business may change from time to time. As a result, at times it may be necessary for Ivy Fertility to make changes to this Privacy Policy. Ivy Fertility reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

ACCESS TO INFORMATION; CONTACTING US:

Please feel free to contact us if you have any questions about our Privacy Policy or our information practices.

You may contact us as follows: [email protected]