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Fairtility Ltd. (“Fairtility”, “we”, “us”, “our” or the “Company”) provides a SaaS tool for embryo-quality ranking and decision support for In-Vitro Fertilization (IVF) clinics, CHLOE EQ (the “Platform”). The Platform assists IVF clinics and embryologists during the embryo culture period, by providing AI-based embryo quality assessments intended to improve the efficiency and outcomes of IVF procedures (the “Services”). Fairtility also conducts IVF-related scientific research.
Fairtility Ltd. respects the privacy of its clients, partners, vendors, service providers, website visitors, event participants, employment candidates and research partners’ patients, and is committed to protecting the personal information that is shared with us (these and any others with respect to whom we collect personal data, shall collectively be referred to as “you” or “Data Subjects”).
This policy and notice (the “Privacy Policy”) explains the types of information we collect from you, that we receive about you or that you may provide in the course of your interest in our Services, business transactions, conferences or when you visit our websites. This privacy policy also explains which information we collect from our research partners regarding their patients. We are transparent about our practices regarding the information we collect, use, maintain and process and describe our practices in this policy and notice. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
For the purposes of EU General Data Protection Regulation (the “GDPR”) and other applicable privacy laws, Fairtility is a data controller (“Controller”) in relation to the personal data of the representatives of our clients and prospective clients, employees, partners, vendors, website visitors, event participants, candidates and research partners’ patients. Please note that we maintain separate a separate privacy policy regarding the use of our embryo-prediction game application (CHLOE EQ Challenge), as well as a separate privacy policy for our employees.
For the purposes of the GDPR and other applicable privacy laws, Fairtility is a data processor (“Processor”) in relation to the processing of the personal data of our clients as part of the Services, such as client patients’ clinical data or client embryologists’ data. Therefore, when processing a client’s data on the Platform we are doing so on behalf of the relevant client who is the Controller of such data and such processing is governed by Data Processing Agreements with our clients. If you are a patient or embryologists of our client, please contact your clinic in order to receive information regarding the processing of your personal data on the Platform as part of our Services.
Summary: we collect various categories of personal data in order to meet our contractual obligations, and also to meet various legitimate interests, such as fraud prevention and marketing. We also collect clinical data from research partners in order to train our Platform’s AI and conduct medical research.
One type of data collected is non-identifiable and anonymous information (“non-personal data”). We also collect several categories of personal data (“Personal Data”), as described below.
We collect Personal Data when you or your organization send it to us, or when a vendor, distributor or other business partner, sends it to us; we also collect Personal Data through our website and through our interactions with you.
Personal Data which we collect consists of any details which are personally identifiable and which are provided consciously and voluntarily by you, or by an organization you represent or are associated with. We collect Personal Data required to provide Services when you register interest, or when you provide us such information in meetings, conferences and online events, or in the course of preparing a contract, or when contacting us or submitting requests for information or support, including submitting a request for Services’ demo, through your use of our website, by email, or other ways in which you communicate and interact with us. This Personal Data generally includes your name (first and last), email address, phone number, job title, company name, country and other information you may choose to provide to Fairtility.
You do not have any legal obligation to provide any information to Fairtility. However, we require certain information in order to perform contracts, for internal audit purposes or to provide any Services. If you choose not to provide us with certain information, then we may not be able to provide you or your organization with some or all of the Services or respond to your inquiry. We may also use this Personal Data to send you communications and/or direct marketing materials on our Services, products or offers we feel may be of interest to you, subject to separate consent, if needed under Applicable Privacy law.
We also collect role-based Personal Data regarding potential customers, business partners, contractors and service providers from third parties, such as business affiliates or publicly available sources (e.g., LinkedIn). This data may include your full name, email address, job title, company, phone number and other public business-related information.
When you are using our website, we are aware of it and may gather, collect and record the information relating to such usage, either independently or through the help of third-party services as detailed below. This includes technical information and behavioral information such as the user’s Internet protocol (IP) address used to connect your device to the Internet, your uniform resource locators (URL), operating system, type of browser, browser plug-in types and versions, screen resolution, Flash version, time zone setting, the user’s ‘clickstream’ on the websites, the period of time the user visited the websites and methods used to browse away from a page. Additionally, we may obtain location data related to the geographic location of your laptop, mobile device or other digital device on which the Fairtility website is used.
We likewise may place cookies on your browsing devices (see ‘Cookies’ section below).
We obtain de-identified clinical data from research partner IVF clinics (“Research Partner Data”). This dataset includes embryo images and videos, as well as clinical datapoints, such as BMI, age, drug treatment protocols, reason of infertility, PGT and IVF treatment results. Research Partner Data does not include direct identifiers such as patients’ names or contact information. This data is used by us only for scientific research and training of our algorithms, and is not used in order to produce automated decision making regarding the data subjects. Note, clinical data we process as Processors on behalf of our clients as part of our Services does not constitute part Research Partner Data and is not the subject of this policy.
When you participate in our professional events, workshops, advisory professional board discussions or other professional presentations, we may record your participation in the relevant event through photographs, video recordings or other recording methods (“Event Photography Data”). Depending on the context, such data may be used for internal or promotional purposes, including in short promotional video clips, email invitations to future events, social media, website event updates, etc. This helps us achieve our aim to promote future events, by explaining the concept of our events and inspiring future participants to join them. If you do not wish to appear in such photography, you may notify us either at the events themselves or at any later point, and we will go to all reasonable efforts respect your wishes.
If you are photographed by our professional photographers at one of our photo props, we will only use your photographs in order to provide you and other event participants with access to such photographs, such as by uploading them temporarily to our/our photographers’ websites. We will not use such photographs for additional purposes without your authorization.
When you apply for a position at Fairtility, you provide us with Personal Data, such as your name, contact information, any personal information contained in your resume or CV, your response(s) to any assessment(s), background check results (subject to applicable law) and any other personal information that you decide to provide us with. Please note that though in most cases we receive this information directly from you or record such information in interview records, we may also receive information from recruitment companies, references or background check companies. This information is necessary for our recruitment and hiring purposes. If you do not provide us with this data, we will be unable to assess you as a candidate and advance your recruitment process.
Summary: we process Personal Data to operate our website, meet our obligations, protect our rights, manage our business and conduct medical research.
We will use Personal Data to provide and improve our Services to our clients and others, operate our website, meet our contractual, ethical and legal obligations and conduct medical research. All Personal Data will remain accurate, complete and relevant for the stated purposes for which it was processed, including for example:
Processing which is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract:
Processing which is necessary for the purposes of the legitimate interests pursued by Fairtility or by a third party of providing an efficient and wide-ranging service to clients:
Processing which is based on your explicit consent (when required under applicable laws):
Processing which is necessary for compliance with a legal obligation to which Fairtility is subject:
Processing which is necessary for scientific health research purposes:
Please note that any Personal Data processed on our Platform on behalf of our clients as part of the Services is processed by Fairtility as a Processor. As such, Fairtility’s clients (the clinics), as Controllers, determine the legal basis for the processing of such data.
Summary: we share Personal Data with our service providers, partners, and group companies, and authorities where required.
We transfer Personal Data to:
Members of our Group: If in the future we have affiliates – which means affiliate companies – whether wholly or partially owned by Fairtility, and co-owned companies – we will transfer Personal Data to them.
Third Parties. We transfer Personal Data to third parties in a variety of circumstances. We endeavor to ensure that these third parties use your information only to the extent necessary to perform their functions, and to have a contract in place with them to govern their processing on our behalf. These third parties include business partners, suppliers, affiliates, agents and/or sub-contractors for the performance of any contract we enter into with you. They assist us in providing the Services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, analyzing data, providing IT and other support services or in other tasks, from time to time. These third parties also include analytics and search engine providers that assist us in the improvement and optimization of our website, and our marketing.
We also transfer anonymized Research Partner Data to third parties such as Artificial Intelligence annotators and statistical consultancy services, who assist us in the development and improvement of our Platform and the conduction of medical research.
We periodically add and remove third party providers. At present services provided by third-party providers to whom we transfer Personal Data include also the following:
In addition, we will disclose your Personal Data to third parties if some or all of our companies or assets are acquired by a third party including by way of a merger, share acquisition, asset purchase or any similar transaction, in which case Personal Data will be one of the transferred assets. Likewise, we transfer Personal Data to third parties if we are under a duty to disclose or share your Personal Data in order to comply with any legal or audit or compliance obligation, in the course of any legal or regulatory proceeding or investigation, or in order to enforce or apply our terms and other agreements with you or with a third party; or to assert or protect the rights, property, or safety of Fairtility, our clients, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.
For avoidance of doubt, Fairtility may transfer and disclose non-Personal Data to third parties at its own discretion.
Summary: we store your Personal Data across multiple locations globally
We store your Personal Data on servers owned or controlled by Fairtility, or processed by third parties on behalf of Fairtility, by reputable cloud-service providers (see the following section regarding international transfers).
Summary: we transfer Personal Data within and to the EEA, UK, USA, Israel and elsewhere, with appropriate safeguards in place.
EU and UK Personal Data is transferred to, and stored and processed at, a destination outside the European Economic Area (EEA) and UK. This includes transfer to our headquarters in Israel, a jurisdiction deemed adequate by the EU Commission and the UK, and to the USA, not currently deemed adequate. Where your Data is transferred outside of the EEA or UK, we will take all steps reasonably necessary to ensure that your Data is subject to appropriate safeguards, including entering into data protection agreements that require the recipients to adhere to data protection laws and adequate data security. Transfers from the EEA to Israel are made based on an adequacy ruling by the EU Commission. Transfers from the EEA to the USA are made based on the Standard Contractual Clauses published by the EU Commission. Transfers from the UK to the EEA and to Israel and made based on the UK’s Adequacy Regulations. Transfers from the UK to the USA are made based on the UK’s International Data Transfer Addendum to the EU Commission Standard Contractual Clauses. For more information about these safeguards, please contact us as set forth below.
We transfer Personal Data to locations outside of the EEA and UK, including in particular USA and Israel, in order to:
Summary: we retain Personal Data according to our data retention policy, as required to meet our obligations, protect our rights, and manage our business.
Fairtility will retain Personal Data it processes only for as long as required in our view, to provide the Services, to conduct our scientific research and as necessary to comply with our legal and other obligations, to resolve disputes and to enforce agreements. We will also retain Personal Data to meet any audit, compliance and business best-practices.
Data that is no longer retained will be anonymized or deleted. Likewise, some metadata and statistical information concerning the use of our website and Services are not subject to the deletion procedures in this policy and will be retained by Fairtility. We will not be able to identify you from this data. Some data may also be retained on our third-party service providers’ servers until deleted in accordance with their privacy policy and their retention policy, and in our backups until overwritten.
Summary: with your consent (as required under applicable laws), we place cookies on your device. You control our use of cookies through a cookie management tool on our websites, or through your device and browser.
Fairtility uses cookies, pixel tags and other forms of identification and local storage (together referred to as “cookies” hereunder) to distinguish you from other users of the website and of websites of our network. This helps us to provide you with a good user-experience when you browse the website and websites of our network and also allows us to improve our website and our Services.
In many cases, these cookies lead to the use of your device’s processing or storage capabilities. Some of these cookies are set by Fairtility itself, others by third parties; some only last as long as your browser session, while others can stay active on your device for a longer period of time.
These cookies can fall into several categories: (i) those that are necessary for functionality or Services that you request or for the transmission of communications (functionality cookies); (ii) those that we use to carry out website performance and audience metrics (analytics cookies) and (iii) the rest (tracking across a network of other websites, advertising, etc.) (other cookies).
Internet browsers allow you to change your cookie settings, for example to block certain kinds of cookies or files. You can therefore block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all or parts of the website, due to the fact that some may be functionality cookies. For further information about deleting or blocking cookies, please visit: https://www.aboutcookies.org/how-to-delete-cookies/
Functionality cookies do not require your consent. For other cookies, however, depending on applicable laws we request your consent before placing them on your device. You can allow cookies in your browser settings and use our website cookie management tool.
To consult the list of cookies which we use on our website, please check your browser’s settings. Instructions: https://www.wikihow.com/View-Cookies
Summary: we take data security very seriously, invest in security systems, and train our staff. In the event of a breach, we will notify the right people as required by law.
We take great care in implementing, enforcing and maintaining the security of the Personal Data we process. Fairtility implements, enforces and maintains security measures, technologies and policies to prevent the unauthorized or accidental access to or destruction, loss, modification, use or disclosure of Personal Data. We likewise take steps to monitor compliance of such policies on an ongoing basis. Where we deem it necessary in light of the nature of the data in question and the risks to data subjects, such as regarding clinical data, we encrypt data in transit and at rest. We use industry standard SSL (secure socket layer technology) encryption to transfer Personal Data. Likewise, we take industry standard steps to ensure our website and Services are safe and to prevent unauthorized access to our data bases. Other security safeguards include, but are not limited to, firewalls, anti-virus, access logs, breach detection systems and physical access controls to buildings, systems and files.
Note however, that no data security measures are perfect or impenetrable, and we cannot guarantee that unauthorized access, leaks, viruses and other data security breaches will never occur.
Within Fairtility, we endeavor to limit access to Personal Data to those of our personnel who: (i) require access in order for Fairtility to fulfill its obligations, including also under its agreements, and as described in this Privacy Policy, and (ii) have been appropriately and periodically trained with respect to the requirements applicable to the processing, care and handling of the Personal Data, and (iii) are under confidentiality obligations as may be required under applicable law.
Fairtility shall act in accordance with its policies and with applicable law to promptly notify the relevant authorities and data subjects in the event that any Personal Data processed by Fairtility is lost, stolen, or where there has been any unauthorized access to it, all in accordance with applicable law and on the instructions of qualified authority. Fairtility shall promptly take reasonable remedial measures.
Summary: depending on the law that applies to your Personal Data, you may have various data subject rights, such as rights to access, erase, and correct Personal Data, and information rights. We will respect any lawful request to exercise those rights.
Data subjects in certain jurisdictions, such as in the EU, UK, Israel and certain US states have rights under local laws in certain circumstances and with certain exceptions, including, depending on your jurisdiction, all/some of the following rights:
For the sake of clarity, please note that where Personal Data is processed by Fairtility as a Processor on behalf of its clients, such as when we process our clients’ patients’ data, such data subject rights will have to be exercised directly via the applicable clinic, who is the Controller of such data.
In addition, data subject rights cannot be exercised in a manner inconsistent with the rights of Fairtility employees and staff, with Fairtility proprietary rights, and third-party rights. As such, job references, reviews, internal notes and assessments, documents and notes including proprietary information or forms of intellectual property, cannot be accessed or erased or rectified by data subjects. In addition, these rights may not be exercisable where they relate to data that is not in a structured form, for example emails, or where other exemptions apply. If processing occurs based on consent, data subjects have a right to withdraw their consent.
In order to exercise any of your rights regarding data we process as a Controller (e.g. website user data, business relationship data, employment candidate data, Event Photography Data, Research Partner Data,), you can contact our Data Protection Officer (DPO) at privacy@Fairtility.com. Note that Fairtility may have to undertake a process to identify a data subject exercising their rights. Fairtility may keep details of such rights exercised for its own compliance and audit requirements. Please note that Personal Data may be either deleted or retained in an aggregated manner without being linked to any identifiers or Personal Data, depending on technical commercial capability. Such information may continue to be used by Fairtility.
Data subjects in the EU, UK and other jurisdictions have the right to lodge a complaint, with a data protection supervisory authority in the place of their habitual residence. If the supervisory authority fails to deal with a complaint, you may have the right to an effective judicial remedy.
We do not knowingly collect or solicit information or data from or about children under the age of 16 without parental consent, or knowingly allow children under the age of 16 to register for Fairtility Services. If you are under 16, do not register or attempt to register for any of the Fairtility Services or send any information about yourself to us. If we learn that we have collected or have been sent Personal Data from a child under the age of 16 without appropriate permissions, we will delete that Personal Data as soon as reasonably practicable without any liability to Fairtility. If you believe that we might have collected or been sent information from a minor under the age of 16, please contact us at: privacy@Fairtility.com, as soon as possible.
In the future, we may include third party links on our website. Please note that this privacy policy only applies to the Personal Data that we (or third parties on our behalf) collect from or about you and we cannot be responsible for personal information collected and stored by third parties. Third party websites have their own terms and conditions and privacy policies, and you should read these carefully before you submit any personal information to these websites. We do not endorse or otherwise accept any responsibility or liability for the content of such third-party websites or third-party terms and conditions or policies.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers in order to inform websites that they do not wish to be tracked. We do not respond to or honor DNT signals.
Fairtility does not meet the threshold of the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, (the “CCPA”) and therefore its data processing activities as a Business (as defined in the CCPA) are not governed by the CCPA. Fairtility acts as a Service Provider (as defined in the CCPA) on behalf of its clients and, where the CCPA is applicable to its clients, Fairtility is committed to processing Personal Data (Personal Information) on their behalf in accordance with the CCPA.
The terms of this Privacy Policy will govern the use of the website, and any information collected in connection with Fairtility’s contractual obligations and medical research. Fairtility may amend or update this Privacy Policy from time to time. The most current version of this Privacy Policy will be available at: https://www.Fairtility.com/privacy-policy. Changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of our Services will constitute your active acceptance of the changes to and terms of the Privacy Policy.
Fairtility aims to process only adequate, accurate and relevant data limited to the needs and purposes for which it is gathered. It also aims to store data for the time period necessary to fulfill the purpose for which the data is gathered. Fairtility only collects data in connection with a specific lawful purpose and only processes data in accordance with this Privacy Policy. Our policies and practices are constantly evolving and improving, and we invite any suggestions for improvements, questions, complaints or comments concerning this Privacy Policy, you are welcome to contact us (details below) and we will make an effort to reply within a reasonable timeframe.
Fairtility’s data protection officer (DPO) and appointed GDPR Article 27 EU representative may be contacted at: privacy@Fairtility.com
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Last Revised: June 20, 2023