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 Ltd. respects the privacy of its clients, partners, vendors, service providers and websites visitors, 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”).
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’ patients as part of the Services, such as clients’ patients’ clinical data. We are also a Processor in relation to the personal data of our research partners’ patients. Therefore, when processing clients’ and research partners’ patients’ data we are doing so on behalf of our clients and research partners who are Controllers of such data. If you are a patient of our client or research partner, please contact your clinic in order to receive information regarding the processing of your personal data by Fairtility.
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.
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.
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.
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).
Summary: we process Personal Data to operate our website, meet our obligations, protect our rights and manage our business.
We will use Personal Data to provide and improve our Services to our clients and others, operate our website and meet our contractual, ethical and legal obligations. 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 necessary for compliance with a legal obligation to which Fairtility is subject:
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 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, USA, Israel and elsewhere, with appropriate safeguards in place.
We transfer Personal Data to locations outside of the EEA, 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 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.
In many cases, these tags/files lead to the use of your device’s processing or storage capabilities. Some of these tags/files 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 tags/files can fall into several categories: (i) those that are necessary for functionality or Services that you request or for the transmission of communications (functionality tags/files); (ii) those that we use to carry out website performance and audience metrics (analytics tags/files) and (iii) the rest (tracking across a network of other websites, advertising, etc.) (other tags/files).
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 and analytical tags/files do not require your consent. For other tags/files, however, 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 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.
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 with respect to whose data GDPR applies, have rights under GDPR and local laws, including, in different circumstances, rights to data portability, rights to access data, rectify data, object to processing, and erase data. It is clarified for the removal of doubt, that where Personal Data is provided by a client being the data subject’s employer, such data subject rights will have to be effected through that client, the data subject’s employer. 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.
A data subject who wishes to modify, delete or retrieve their Personal Data, may do so by contacting Fairtility (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 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.
Fairtility’s data protection officer (DPO), MyEDPO may be contacted at: privacy@Fairtility.com
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Last Revised: July 26, 2022