These “Privacy Highlights” provide an overview of some terms Fertility Genomics uses and core components of our data handling practices. Please be sure to review the Full Privacy Statement below.
Information We Collect
We generally collect the following information:
- Information we receive when you use our Services. We collect Web-Behaviour Information via cookies and other similar tracking technologies when you use and access our Services (our website, mobile apps, products, software and other services).
- Information you share with us. We collect and process your information when you place an order, create an account, register your Fertility Genomics kit, complete research surveys and contact Customer Care. This information can generally be categorised as Registration Information, Self-Reported Information, and/or User Content as defined in our full Privacy Statement.
- Information from our DNA testing services. With your consent, we extract your DNA from your saliva sample and analyse it to produce your Genetic Information (the As, Ts, Cs, and Gs at particular locations in your genome), in order to provide you with a Fertility Genomics report.
How We Use Information
We generally process Personal Information for the following reasons:
- To provide our Services. We process Personal Information in order to provide our Service, which includes processing payments, shipping kits to customers, creating customer accounts and authenticating logins, analysing saliva samples and DNA and delivering results.
- To analyse and improve our Services. We continuously work to improve and provide new reports, tools, and Services. We may also need to fix bugs or issues, analyse the use of our website to improve the customer experience or assess our marketing campaigns.
- For Fertility Genomics Research, with your consent. If you choose to consent to participate in Fertility Genomics Research, Fertility Genomics researchers can include your de-identified Genetic Information and Self-Reported Information in a large pool of customer data for analyses aimed at making scientific discoveries.
Control: Your Choices
You have the ability to make decisions about how your data, subject to terms below, is shared and used. You choose:
- When and with whom you share your information, including friends, family members, health care professionals, or others outside our Services, including through third party services that accept Fertility Genomics data and social networks.
- To give or decline consent for Fertility Genomics Research. By giving research consent you consent to the use of your de-identified data for scientific research purposes.
- To delete your Fertility Genomics account and data, at any time.
Access To Your Information
Your Personal Information may be shared in the following ways:
- With our service providers, including our contracted genotyping laboratory, as necessary for them to provide their services to us.
- With qualified research collaborators, only if you provide your consent.
Fertility Genomics will not sell, lease, or rent your individual-level information to a third party for research purposes without your explicit consent.
- We will not share your data with any public databases.
- We will not provide any person’s data (genetic or non-genetic) to an insurance company or employer.
- We will not provide information to law enforcement or regulatory authorities unless required by law to comply with a valid court order, subpoena, or search warrant for genetic or Personal Information.
How We Secure Information
Fertility Genomics implements measures and systems to ensure confidentiality, integrity, and availability of Fertility Genomics data. Our team regularly reviews and improves our security practices to help ensure the integrity of our systems and your information. These practices include, but are not limited to, the following areas:
- Independent security certification and audit. Our information security management system, which protects Fertility Genomics information assets supporting our Services, has been certified under the internationally recognised ISO/IEC 27001:2013 standard. Some of those controls are described below.
- Fertility Genomics uses industry standard security measures to encrypt Sensitive Information both when it is stored and when it is being transmitted.
- Limited access to essential personnel. We limit access of information to authorised personnel, based on job function and role.
Full Privacy Statement
Last Updated: January, 2021.
This Privacy Statement applies to all websites owned and operated by Fertility Genomics, Ltd (“Fertility Genomics”), including www.fertilitygenomics.com and www.fertilitygenomics.co.uk, and any other websites, pages, features, or content we own or operate and any related Services. Our Privacy Statement is designed to help you better understand how we collect, use, store, process, and transfer your information when using our Services.
Please carefully review this Privacy Statement and our Terms of Service. Unless otherwise defined in this Privacy Statement, terms used in this Privacy Statement have the same meanings as terms defined in our Terms of Service. By using our Services, you acknowledge all of the policies and procedures described in the foregoing documents. If you do not agree with or you are not comfortable with any aspect of this Privacy Statement or our Terms of Service, you should immediately discontinue use of our Services.
- Key Definitions
- Information we collect
- Information you provide directly to us
- Information related to our genetic testing services
- Information collected through tracking technology
- Other types of information
- How we use your information
- To provide you with Services and analyse and improve our Services
- To process, analyse and deliver your genetic testing results
- To allow you to share your Personal Information with others
- To allow you to share your Personal Information for research purposes
- To recruit you for external research
- To provide customer support
- To conduct surveys or polls, and obtain testimonials
- Information we share with third parties
- General Service Providers
- Aggregate Information
- As required by law
- Business Transactions
- Your choices
- Access to your Account
- Sharing outside of the Fertility Genomics Services
- Account Deletion
- Security Measures
- Linked Websites
- Information for Customers in Designated Countries
- Privacy Shield
- Our relationship with you
- Legal bases for processing Personal Information from the EU
- Direct Marketing
- Privacy Rights
- Changes to this Privacy Statement
- Aggregate Information: information that has been combined with that of other users and analysed or evaluated as a whole, such that no specific individual may be reasonably identified.
- De-identified Information: information that has been stripped of your Registration Information (e.g. your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual, also known as pseudonymised information.
- Individual-level Information: information about a single individual’s genotypes, diseases or other traits/characteristics.
- Personal Information: information that can be used to identify you, either alone or in combination with other information. Fertility Genomics collects and stores the following types of Personal Information:
- Registration Information: information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- Genetic Information: information regarding your genotypes (i.e. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your saliva by Fertility Genomics or by its contractors, successors, or assignees; or otherwise processed by and/or contributed to Fertility Genomics.
- Self-Reported Information: information you provide directly to us, either through the Services or through a third party, including your disease conditions, other health-related information, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Fertility Genomics account.
- Sensitive Information: information about your health, Genetic Information, and certain Self-Reported Information such as racial and ethnic origin.
- User Content: all information, data, text, or other materials – other than Genetic Information and Self-Reported Information-generated by users of Fertility Genomics Services and transmitted, whether publicly or privately, to or through Fertility Genomics.
- Web-Behaviour Information: information on how you use our Services collected through log files, cookies, web beacons, and similar technologies, (e.g. browser type, domains, page views).
2. Information we collect.
Information you provide directly to us or through a third party
- Registration Information. When you purchase our Services or create a Fertility Genomics account, we collect Personal Information, which may include your name, date of birth, billing and shipping address, payment information (e.g. credit card) and contact information (e.g. email, phone number and license number).
- Customer service. When you contact firstname.lastname@example.org or correspond with us about our Service, we collect information to; track and respond to your inquiry, investigate any breach of our Terms of Service, Privacy Statement or applicable laws or regulations and analyse and improve our Services
Information related to our genetic testing services
- Saliva sample and Biobanking. To use our genetic testing services, you must purchase a Fertility DNA testing kit, create an online account and register your kit, and ship your saliva sample to our third party laboratory. Our laboratory will extract your DNA from your saliva sample for analysis. During kit registration you are asked to review our Consent Document for Sample Storage and Additional Genetic Analyses. Unless you consent to sample storage (“Biobanking”) and additional analyses, your saliva sample and DNA are destroyed after the laboratory completes its work, subject to the laboratory’s legal and regulatory requirements. You can update your sample storage preference to discard a stored sample by contacting email@example.com once your sample has completed processing.
- Genetic Information. Information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), your Genetic Information, is generated when we analyse and process your saliva sample. Genetic Information includes the Fertility Genomics results reported to you as part of our Services, and may be used for other purposes, as outlined in Section 3 below.
Web-Behaviour Information collected through tracking technology (e.g. from cookies and similar technologies)
- Help us recognise you when you use our Services;
- Customise and improve your experience;
- Analyse usage of our Services (such as to analyse your interactions with the results, reports, and other features of the Service);
- Gather demographic information about our user base;
- Offer our Services to you;
- Monitor the success of marketing programs;
- Serve targeted advertising on our site and on other sites around the Internet.
We may receive reports based on the use of these technologies from third party service providers as de-identified, Individual-level Information or as Aggregate Information (as described in Section 4.c).
Google Analytics. Google Analytics is used to perform many of the tasks listed above. We use the User-ID feature of Google Analytics to combine behavioural information across devices and sessions (including authenticated and unauthenticated sessions). We have enabled the following Google Analytics Advertising Features: Remarketing, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, and DoubleClick Campaign Manager integration. We do not merge information collected through any Google advertising product with individual-level information collected elsewhere by our Service. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.
Other Types of Information
We continuously work to enhance our Services with new products, applications and features that may result in the collection of new and different types of information. We will update our Privacy Statement and/or obtain your prior consent to new processing, as needed.
3. How we use your information
Fertility Genomics will use and share your Personal Information with third parties only in the ways that are described in this Privacy Statement.
To provide you with Services and to analyse and improve our Services
We use the information described above in Section 2 to operate, provide, analyse and improve our Services. These activities may include, among other things, using your information in a manner consistent with this Privacy Statement to:
- Open your Account, enable purchases and process payments, communicate with you, and implement your requests (e.g. referrals);
- Enable and enhance your use of our website and mobile application(s), including authenticating your visits, providing personalised content and information, and tracking your usage of our Services;
- Contact you about your Account, and any relevant information about our Services (e.g. policy changes, security updates or issues, etc.);
- Enforce our Terms of Service and other agreements;
- Monitor, detect, investigate and prevent prohibited or illegal behaviours on our Services, to combat spam and other security risks; and
- Perform research & development activities, which may include, for example, conducting data analysis in order to develop new or improve existing products and services, and performing quality control activities.
For individuals located in the European Economic Area (“EEA”), United Kingdom, or Switzerland (collectively the “Designated Countries”): We process your Personal Information in this way to provide our Services to you in accordance with our Terms of Service.
To process, analyse and deliver your genetic testing results
As described above, to receive results through your Account, you must create your own Fertility Genomics Account, register your kit, and submit your saliva sample to our contracted genotyping laboratory, which processes and analyses your sample to provide us with your Genetic Information. Fertility Genomics continuously works to improve our Services based on our research and product development, and genetic associations identified in scientific literature.
For individuals located in the Designated Countries: Our legal basis for processing your Sensitive Information for the purposes described above is based on your consent. You may withdraw your consent at any time by deleting your Account via your Fertility Genomics Account Settings, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
To allow you to share your Personal Information for Fertility Genomics Research purposes
You have the choice to participate in Fertility Genomics Research by providing your consent. “Fertility Genomics Research” refers to research aimed at publication in peer-reviewed journals and other research funded by the government and research councils conducted by Fertility Genomics.
Fertility Genomics Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or biotechnology companies. Fertility Genomics Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialise, and apply this new knowledge to improve health care. Fertility Genomics Research uses Aggregate and/or Individual-level Genetic Information as explained in greater detail below.
Your De-identified Genetic and Self-Reported Information may be used for Fertility Genomics Research only if you have consented to this in accordance with our Research Consent Document:
- Your Genetic Information will be used for research purposes, but it will be de-identified and will not be linked to your Registration Information.
- Fertility Genomics may use individual-level Genetic Information internally at Fertility Genomics for research purposes.
- Fertility Genomics may share summary statistics, which do not identify any particular individual or contain individual-level information, with our qualified research collaborators.
If you have completed the research consent or additional consent agreement, in addition to the uses above under the main Research Consent Document, Fertility Genomics may share De-identified Individual-level Genetic Information and Self-Reported Information with select third party research collaborators for Fertility Genomics Research purposes.
Withdrawing your Consent. You may withdraw your consent to participate in Fertility Genomics Research at any time by changing your consent status within your Fertility Genomics Account Settings. If you experience difficulties changing your consent status, contact the Data Protection Administrator at firstname.lastname@example.org. Fertility Genomics will not include your Genetic Information in studies that start more than 30 days after you withdraw (it may take up to 30 days to withdraw your information after you withdraw your consent). Any research involving your data that has already been performed or published prior to your withdrawal from Fertility Genomics Research will not be reversed, undone, or withdrawn. You may also discontinue your participation in Fertility Genomics Research by deleting your Fertility Genomics account (as described in section 5).
For individuals located in the Designated Countries: Our legal basis for processing your Sensitive Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
To recruit you for external research
You have the choice to participate in Fertility Genomics Sperm Studies Research by providing your consent. “Fertility Genomics Sperm Studies Research” refers to research aimed at publication in peer-reviewed journals and other research funded by the government and research councils conducted by Fertility Genomics and partner private, public, and academic institutions. Fertility Genomics will adhere to the principles outlined above.
To provide customer support
When you contact Customer Care, we may use or request Personal Information, including Sensitive Information, as necessary to answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints. In some instances, we may be required to process one customer’s Personal Information to resolve another customer’s dispute or request. For example, if a customer reports behaviour that violates our Terms of Service, we will separately process both customers’ Personal Information and respond separately to each individual as appropriate. We will not share your Personal Information with another customer without your consent.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above depends on the nature of the customer support request. Our legal basis can be to satisfy our contractual or legal obligations and/or our legitimate interest to improve our Services.
To conduct surveys or polls, and obtain testimonials
We value your feedback and may send you surveys, polls, or requests for testimonials to improve and optimise our Services. You are in control of the information you would like to share with us. If you do not wish to receive these requests, you can manage them in your Fertility Genomics Account Settings.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above is based on our legitimate interest.
4. Information we share with third parties
General service providers.
We share the information described above in Section 2 with our third party service providers, as necessary for them to provide their services to us and help us perform our contract with you. Service providers are third parties (other companies or individuals) that help us to provide, analyse and improve our Services. While Fertility Genomics directly conducts the majority of data processing activities required to provide our Services to you, we engage some third party service providers to assist in supporting our Services, including in the following areas:
- Order fulfilment and shipping. Our payment processor processes certain Registration Information, such as your billing address and credit card information, as necessary to enable you to purchase a Fertility Genomics kit from the Fertility Genomics.com online store. Our distribution centres ship your kit(s) to you, and in some cases help return your kit safely to our third party laboratory so your sample can be processed.
- Our certified genotyping lab. To use our genetic testing services, you must purchase a Fertility DNA testing kit, and ship your saliva sample to our third party laboratory. Once delivered, receiving personnel at the laboratory remove and discard kit packaging, which in some cases may contain “sender information” (e.g. name, address), before testing personnel receive the samples for processing. Receiving personnel do not perform testing, and testing personnel handle saliva samples that are only identified by a unique barcode. When the laboratory has completed their analysis, they securely send the resulting Genetic Information to us identified by your unique barcode.
- During kit registration, you are asked to review our Consent Document for Sample Storage and Additional Genetic Analyses. Unless you consent to Biobanking and additional analyses, your saliva sample and DNA are destroyed after the laboratory completes its work, subject to the laboratory’s legal and regulatory requirements. Should you wish to update your sample storage preference to discard a stored sample, you can do so by contacting email@example.com once your sample has completed processing. As detailed further in Section 5 (Account Deletion), our contracted genotyping laboratory will retain certain information as necessary to comply with applicable regulatory and legal obligations
- Customer Care support. Our Customer Care team uses a number of tools to help organise and manage the requests we receive. These tools help to ensure we provide timely, high quality support.
- Cloud storage, IT, and Security. Our cloud storage providers provide secure storage for information in Fertility Genomics databases, ensure that our infrastructure can support continued use of our Services by Fertility Genomics customers, and protect data in the event of a natural disaster or other disruption to our Service. Our IT and security service providers assist with intrusion detection and prevention measures to stop any potential attacks against our networks. We have these third party experts perform regular penetration tests and periodically audit Fertility Genomics’ security controls.
- Marketing and analytics. When you use our Services, including our website our third party service providers may collect Web-Behaviour Information about your visit, such as the links you clicked on, the duration of your visit, and the URLs you visited. This information can help us improve site navigability and assess our Marketing campaigns. Per applicable data protection regulations, our EU, UK, and International websites present visitors with a cookie opt in to allow the processing described above via Functionality and Advertising Cookies.
NOTE: Our service providers act on Fertility Genomics’ behalf. We implement procedures and maintain contractual terms with each service provider to protect the confidentiality and security of your information. However, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.
We may share Aggregate Information, which is information that has been stripped of your name and contact information and combined with information of others so that you cannot reasonably be identified as an individual, with third parties. This Information is different from “Individual-level” information and is not Personal Information because it does not identify any particular individual or disclose any particular individual’s data. For example, Aggregate Information may include a statement that “0.1% of our male users share a particular genetic trait,” without providing any data or testing results specific to any individual user. In contrast, Individual-level Genetic Information or Self-Reported Information consists of data about a single individual’s genotypes. Fertility Genomics will ask for your consent to share Individual-level Genetic Information or Self-Reported Information with any third party, other than our service providers as necessary for us to provide the Services to you.
As required by law
Under certain circumstances your Personal Information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. For example, we may be required to disclose Personal Information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Fertility Genomics will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that Fertility Genomics may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Fertility Genomics Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Fertility Genomics, its employees, its users, its clients, and the public.
In the event that Fertility Genomics goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets your Personal Information will likely be among the assets transferred. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Statement.
5. Your choices
Access to your Account
We provide access to your Fertility Genomics data within your Fertility Genomics account. You can access data processed by Fertility Genomics within your Fertility Genomics Account. If you lose access to your Fertility Genomics account or account email address, please contact Customer Care firstname.lastname@example.org for assistance. If you lose access to your Fertility Genomics account, in certain circumstances, we may require that you submit additional information sufficient to verify your identity before providing access or otherwise releasing information to you. If you choose not to submit the required documentation, or the information provided is not sufficient for the purposes sought, Fertility Genomics will not be able to sufficiently verify your identity in order to complete your request.
You may access, correct or update most of your Registration Information on your own within your Fertility Genomics Account Settings.
Individuals located in Designated Countries should review Section 8 to understand their rights to access Personal Information.
If you no longer wish to participate in our Services, or no longer wish to have your Personal Information processed, you may delete your Fertility Genomics Account and Personal Information within your Fertility Genomics Account Settings. Once you submit your request, we will send an email to the email address linked to your Fertility Genomics Account detailing our Account deletion policy and requesting that you confirm your deletion request. Once you confirm your request to delete your Account and data, your Account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your Account is deleted, all associated Personal Information is deleted, subject to the following limitations:
- Information previously included in Fertility Genomics Research. Genetic Information for which you have given consent to use in Fertility Genomics Research cannot be removed from completed studies that use that information. Your data will not be included in studies that start more than 30 days after your Account is closed (it may take up to 30 days to withdraw your information after your Account is closed).
- Legal Retention Requirements. Fertility Genomics and/or our contracted genotyping laboratory will retain your Genetic Information, date of birth, and sex as required for compliance with applicable legal obligations, including the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA), California Business and Professions Code Section 1265 and College of American Pathologists (CAP) accreditation requirements. Fertility Genomics will also retain limited information related to your Account and data deletion request, including but not limited to, your email address, request identifier, communications related to inquiries or complaints and legal agreements for a limited period of time as required by law, contractual obligations, and/or as necessary for the establishment, exercise or defence of legal claims and for audit and compliance purposes.
- Any samples for which you gave consent to be stored (Biobanked) will be destroyed.
Sharing outside of the Fertility Genomics Services
Fertility Genomics accepts no responsibility for your actions and consequences of sharing your genetic information with others.
6. Security measures
Fertility Genomics takes seriously the trust you place in us. Fertility Genomics implements physical, technical, and administrative measures to prevent unauthorised access to or disclosure of your information, to maintain data accuracy, to ensure the appropriate use of information, and otherwise safeguard your Personal Information. Our team regularly reviews and improves our security practices to help ensure the integrity of our systems and your information. These practices include, but are not limited to the following areas:
- ISO/IEC 27001:2013 certification. Our information security management system, which protects Fertility Genomics systems, has been certified under the ISO/IEC 27001:2013 standard. View or download our certification
- Encryption. Fertility Genomics uses industry standard security measures to encrypt Sensitive Information both at rest and in transport.
- Limited access to essential personnel. We limit access to Sensitive Information to authorised personnel, based on job function and role. Fertility Genomics access controls include multi-factor authentication, single sign-on, and strict least-privileged authorisation policy.
Your Responsibility. Please recognise that protecting your Personal Information is also your responsibility. We ask you to be responsible for safeguarding your password, and other authentication information you use to access our Services. You should not disclose your authentication information to any third party and should immediately notify Fertility Genomics of any unauthorised use of your password. Fertility Genomics cannot secure Personal Information that you release on your own or that you request us to release.
Your information collected through the Service may be stored and processed in the United States or any other country in which Fertility Genomics or its subsidiaries, affiliates or service providers maintain facilities and, therefore, your information may be subject to the laws of those other jurisdictions which may be different from the laws of your country of residence.
7. Linked websites
Fertility Genomics provides links to third party websites operated by organisations not affiliated with Fertility Genomics. Fertility Genomics does not disclose your information to organisations operating such linked third party websites. Fertility Genomics does not review or endorse, and is not responsible for the privacy practices of these organisations. We encourage you to read the privacy statements of each and every website that you visit. This Privacy Statement applies solely to information collected by Fertility Genomics and our service providers on our behalf.
8. Information for Customers in Designated Countries
Fertility Genomics participates in and has certified its compliance with both the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union (EU), European Economic Area (EEA), and Switzerland to the United States, respectively. Fertility Genomics is committed to subjecting all Personal Information received from the EU member countries, EEA and Switzerland, in reliance on the Privacy Shield Frameworks, to the Framework’s applicable Principles. If there is any conflict between the terms in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit U.S. Department of Commerce’s Privacy Shield List.
Fertility Genomics is responsible for the processing of Personal Information it receives, under the Privacy Shield Frameworks, or subsequently transfers to a third party acting as an agent on its behalf. Fertility Genomics complies with the Privacy Shield Principles for all onward transfers of Personal Information from the EU, EEA and Switzerland, including the onward transfer liability provisions.
With respect to Personal Information received or transferred pursuant to the Privacy Shield Frameworks, Fertility Genomics is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Fertility Genomics may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Our relationship with you
We are the “controller” with respect to your Personal Information because we determine the means and purposes of processing your information when using our Services.
Legal bases for processing Personal Information from the EU
We describe how we process your Personal Information in Sections 2 through 4 of this Privacy Statement. We may process your Personal Information if you consent to the processing, to satisfy our legal obligations, if it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you, or for our legitimate interests to protect our property, rights or safety of Fertility Genomics, our customers or others.
You can exercise your privacy rights by following the instructions below or contacting us at email@example.com. We will handle your request under applicable law. When you make a request, we may verify your identity to protect your privacy and security.
- Right to withdraw consent. To the extent Fertility Genomics requests and you provide your consent to the processing of your Personal Information, you can withdraw your consent at any time. Your withdrawal will not affect the lawfulness of our processing based on consent before your withdrawal.
- Right of access to and rectification of your Personal Information. Our site allows you to access and rectify certain Registration Information within your Fertility Genomics Account Settings. If you would like to access or rectify any other information, contact firstname.lastname@example.org and we will do our best to assist you without undue delay. We may reject part or all of your request if responding to your request could adversely affect the rights and freedoms of others.
- Right to erasure (or, “Right to be Forgotten”). As explained under Section 5 (Account Deletion), we allow our customers to delete their accounts at any time. You can request erasure of Personal Information that: (a) is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) was collected in relation to processing to which you previously consented, but later withdrew such consent; or (c) was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing. If we have made your Personal Information public and we are required to erase such Personal Information, we will take reasonable steps, including technical measures, to inform controllers that are processing any links to or copies or replications of your Personal Information of your erasure request. Our assistance with your request for erasure is subject to limitations by relevant data protection laws, available technology and the cost of implementation.
- Right to data portability. If we process your Personal Information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request your Personal Information in a structured, commonly used and machine-readable format. You may also request the transfer of your Personal Information directly to another controller, where technically feasible, unless choosing to exercise this right adversely affects the rights and freedoms of others. A “controller” is a natural or legal person, public authority, agency or other body which alone or jointly with others, determines the purposes and means of the processing of your Personal Information.
- Right to restriction of our processing. You can restrict our processing of your Personal Information where one of the following applies: (a) you dispute the accuracy of Personal Information processed by Fertility Genomics (for a period enabling us to verify its accuracy); (b) the processing is unlawful and you oppose the erasure of the Personal Information and request the restriction of its use instead; (c) Fertility Genomics no longer needs the Personal Information for the purposes of the processing, but it is required by you for the establishment, exercise or defence of legal claims; and (d) you have objected to certain processing relying on legitimate interest, pending the verification whether Fertility Genomics’ legitimate grounds override your rights. Restricted Personal Information shall only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will notify you if the restriction is lifted.
- Notification of erasure, rectification and restriction. We will provide notice to each recipient that we disclosed your Personal Information to regarding any rectification or erasure of Personal Information or restriction of processing, unless you initiated the disclosure or providing notice proves impossible or involves disproportionate effort. Upon your request, we will share the list of recipients with you.
- Right to object to processing. Where the processing of your Personal Information is based on consent, contract, or legitimate interests described under the Legal Bases for Processing heading above, you may restrict or object, at any time, to the processing of your Personal Information as permitted by applicable law. We may continue to process your Personal Information if it is necessary for the defence of legal claims, or for any other exceptions permitted by applicable law.
- Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects on you, except as allowed under applicable data protection laws.
- Retention of your Personal Information. Unless you delete your account or delete certain Personal Information (i.e., User Content, etc.), we will store your Personal Information as long as your account is open. If you delete your account, we will delete all your Personal Information, unless a longer retention period is required or permitted by law.
The rights described above may be limited by local laws. Further, your right of access and deletion is not absolute and may not be available if fulfilment of such right would, among other things:
- Cause interference with execution and enforcement of the law and legal private rights (such as in the case of the investigation or detection of legal claims or the right to a fair trial);
- Breach or prejudice the rights of confidentiality and security of others;
- Prejudice security or grievance investigations, corporate re-organisations, future and ongoing negotiations with third parties, the compliance with regulatory requirements relating to economic and financial management; or
- Otherwise violate the interests of others or where the burden or cost of providing access would be disproportionate.
If you believe that we have infringed your rights, we encourage you to contact us so that we can try to address your concerns or dispute informally. Our contact information is:
Fertility Genomics’ commitment to the EU-U.S. and Swiss-U.S. Privacy Shield
As a last resort and under limited circumstances, EU, EEA and Swiss individuals with residual privacy complaints may invoke a binding arbitration option before the Privacy Shield Panel.
You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement. You can find the relevant supervisory authority name and contact details here: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en
9. Changes to this Privacy Statement
Fertility Genomics modifies this Privacy Statement from time to time. We recommend revisiting this page periodically to stay aware of any changes to this Privacy Statement. If we modify this Privacy Statement, we’ll make it available through our website. Whenever material changes to this Privacy Statement are made, we will provide you with notice before the modifications are effective, such as by posting a notice on our website or sending a message to the email address associated with your Account.
By continuing to access or use the Services after changes to this Privacy Statement becomes effective, you agree to be bound by the revised Privacy Statement. If any changes are unacceptable to you, you may stop using our Services and delete your Account at any time.
We also may provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how Fertility Genomics processes your Personal Information.