Privacy Policy


Last Updated: June 16 2022



Fairtility Ltd. (“we”, “us”, “our”, or “we” and correlating terms) develops solutions that use AI & big data to increase the efficiency of IVF & reduce time to live birth (the “Services”). As a promotion for our Services, we have created the Chloe EQ Challenge – training application, aimed primarily at embryologists and REIs, whereby users view a set of images of embryos, and make implantation predictions, ‘competing’ against other players, unidentified AI, and anonymized actual outcomes (the “Chloe EQ Challenge” or “Application”). It is anticipated that the Chloe EQ Challenge will be made available to users at the European Society of Human Reproduction and Embryology (ESHRE) Congress on or around July 2022. However, the Chloe EQ Challenge may also be made available to additional users at such other events or locations (including outside of Europe) as Fairtility may decide. All references to “you” or “your,” as applicable, mean the person who accesses or uses the Chloe EQ Challenge in any manner, and each of your heirs, assigns, and successors.


We have created this privacy policy (“Privacy Policy”) to demonstrate our commitment to our Chloe EQ Challenge user’s right to privacy. We respect the privacy of our users, and we are committed to protecting your personal information that you share with us through your use of our CHLOE EQ Challenge application, which offers embryo development time lapse videos to predict implantation with and with our the assistance of Chloe EQ Challenge for educational and training purposes.


This privacy policy provides you with details of our practices of collecting and processing data from our Chloe EQ Challenge users (“Users”, “Data Subject” or “You”) using Chloe EQ Challenge. Your use of CHLOE EQ requires submitting personal information, but only if you voluntarily choose to provide us with such information and use our Application. Our Application is available to relevant users, and certain functionalities within the Application may require registration and submission of certain personal information, as described in this Privacy Policy. We will retain your personal information only if you choose to use our Application and in accordance with this Privacy Policy.


This Privacy Policy was designed with the EU General Data Protection Regulation (GDPR) and Israel applicable privacy law (jointly, the “Applicable Laws”). However, given the country of your residency, other rules may apply to your Personal Data. If you are a resident of California, we advise you to refer to the CCPA Privacy notice below additionally.


We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree to it. If you do not agree to this Privacy Policy, please discontinue and avoid using our  CHLOE EQ Challenge.



By using CHLOE EQ training application, you consent to the terms set forth herein regarding the collection and processing and use of your personal data.

We use appropriate technical and organizational measures to protect your data while using our Application. If you have any questions concerning your data including the accuracy of your data, please contact our data protection personnel at:


Preliminary Notes

Not for minors – If you are under the age of 16, do not use the Services, unless your parent or legal guardian are doing so on your behalf. If not, you are requested to not use CHLOE EQ Challenge.


Binding Agreement – This Privacy Policy constitutes an integral part of our Terms & Conditions (“T&C”), and unless explicitly mentioned otherwise in another agreement with you, is part of our legal engagement.


Content – Our CHLOE EQ Challenge training application does not contain inappropriate content. Nevertheless, we use appropriate technical and organizational measures to ensure the protection and retention of data subjects.


Changes and updates to this Privacy Policy – We reserve the right to modify or update this Privacy Policy, reflect changes in our Application services, data processing practices, or conform to a regulatory requirement. Such changes will be effective immediately upon the display of the revised Privacy Policy. The last revision date will be reflected in the “Last Updated” heading. If we make material changes to this Privacy Policy, we will do our best to notify you by email or through a notice on our website.


Your Personal Data – You are not required by law to provide us with Personal Data (as defined below) and you do so voluntarily. You can always avoid providing us certain Personal data, however, you acknowledge that it may prevent us from providing you certain Services, or using  our Application.


Key Definitions

  • GDPR means the General Data Protection Regulation (EU) 2016/679.


  • Israel Privacy Law means the Israeli Privacy Law – 1981 and any regulations enacted thereunder including the Privacy Protection Regulations (Transfer of Data to Databases Abroad), 5761-2001 and Privacy Protection Regulations (Data Security), 5777-2017 (“Data Protection Regulations”) and any applicable guidelines, standards and/or instructions published by the Israeli Privacy Authority in effect from time to time relating to data security and data privacy (collectively, “Israel Privacy Law”)


  • CPPA means the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et. seq.


Personal Data refers to information about a living individual, which means that they can be identified (a) from that data, or (b) from that data and any other information which is, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or could in the future, come into the possession of the data controller, and as provided in this Privacy Policy below.


  • Data Controller refers to the person, organisation, public authority, agency, or other body who, either alone or with others, determines the purposes for which and the manner in which any Personal Data is to be processed, and defines the controls required for such processing.


  • Data Processor refers to any person or organisation (other than an employee of the Data Controller) who undertakes the processing of Personal Data on behalf of the Data Controller.


  • Processing refers to any operation which is performed upon or applied to personal data, whether undertaken manually or by automated means, including its acquisition, organisation, storage, retrieval, consultation, amendment, availability, disclosure, erasure, or destruction.


  • Data Subject refers to an individual who is the subject of Personal Data.


  • Data Subject Consent refers to the Data Subject’s approval or agreement for an activity to take place, having considered the benefits and risks of the activity. For consent to be valid, the data subject needs to be informed, have the capacity and knowledge to decide, and to have given their consent voluntarily. Specific requirements need to be met in connection with the consent which is given by Children, including validating parental consent and the age of the Child.


  • Supervisory Authority refers to: (a) the national data protection authority of each EEA country, responsible for enforcing GDPR within their own nation b) any similar regulatory authority responsible for the enforcement of Data Protection Laws and Regulations outside of Europe; or (c) In Israel, the Israeli Privacy Protection Authority and the Israeli Database Registrar. The Supervisory Authority is also the reporting point for data breach notifications, for conducting investigations, and for issuing

Data Controller


Under using the CHLOE EQ Challenge Application, Fairtility is your Data Controller. If you have any questions, concerns, complaints, or comments regarding our data practices, please get in touch with us:


Fairtility Ltd

16 Soncino St. 6721701

Tel Aviv, Israel



Our Processing Objectives


The objectives of this policy are to ensure that we shall remain compliant with Personal Data international legislation; to ensure that we are correctly undertaking the activities and implementing the controls required by international law; to ensure that Data Subjects’ rights are increasingly protected in light of the nature of the Data; to ensure that any Personal Data transferring is based on the appropriate contractual measures; to ensure that any transfer or sharing of Personal Data with third parties (and in particular third parties outside the EEA) is done following data transfer mechanisms and under the provisions of Chapter V of GDPR.

Policy Scope & Purposes of Processing


While using the CHLOE EQ Challenge, we will need to collect and process your Personal Data for the following purposes (“Purposes”):

  • To enable you to use the CHLOE EQ Challenge Application, review and compete with other CHLOE EQ Challenge users’ results. Please note that We may publish the results of your training results with the CHLOE EQ Challenge Application, under your Nickname or your User profile name, as part of our ten (10) highest CHLOE EQ Challenge results, unless you choose to register to the CHLOE EQ Challenge with your full name as the Application User name, then you hereby consent that we may publish your full name, practice and position with your personal results in the CHLOE EQ Challenge Application, among other users and third parties, provided that your score(s) be among the ten (10) highest CHLOE EQ Challenge results. If you do not wish us to disclose your identity along with your CHLOE EQ Challenge personal results, with other users and third parties, please register to the CHLOE EQ Challenge Application with an anonymous User Name or a Nickname as your Application profile.
  • To facilitate, operate, and provide our CHLOE EQ Challenge and information related to the Application, including to review and publish the CHLOE EQ Challenge results;
  • To provide CHLOE EQ Challenge users with assistance and technical support;
  • To further develop, customize and improve the CHLOE EQ Challenge Application and your user experience, based on personal or general experiences and difficulties and to ensure that the CHLOE EQ Challenge is functioning correctly and to monitor and investigate any bug.
  • To contact our Users (via e-mail, or any other available channels) with general or personalized service-related messages (such as system maintenance notices or support services); to contact our Users with updates messages (such new features and services, etc.);
  • To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
  • To create aggregated statistical data, inferred Non-Personal Information or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective Services;
  • To comply with any applicable laws and regulations including any privacy laws to perform any reporting and notifications obligations we may be subject to, to competent governmental agencies and authorities; and
  • To transmit marketing and promotional communications regarding CHLOE EQ Challenge including direct marketing based on your hereby consent. We may also contact you via the email you provide us with in order to notify you about new services, or any other information we think you will find valuable. If you wish not to receive such promotional communications, you may notify us at any time by contacting us by following the “unsubscribe” instructions in the promotional communications you receive.
  • We may use your Personal Data to deal with enquiries and complaints made by or about You relating to our Application;
  • Other uses which are based on our lawful ground.


Any Personal Data collected and processed to provide our services in the CHLOE EQ Challenge application will be made in complete transparency, under lawful means, and only to deliver Our services.

We will only use and process your Personal Data for the Purposes it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your Personal Data without your knowledge or consent where this is required by law and to the extent required.

To ensure transparency and give you more control over your Personal Data, this Privacy Policy is designed to explain to you and govern how we access, process, use, collect and store Personal Information about you when you interact with our application.


Our Privacy Policy is applicable to: All our activities which relate to the Processing Personal Data under CHLOE EQ Challenge; All ways in which Personal Data is acquired, received, collected and processed, stored, amended, disclosed, and erased by us under the CHLOE EQ Challenge application. This shall include Personal Data Processed by third parties concerning using CHLOE EQ Challenge application; All ways to provide you access to our Application; To enable you to install our Application;  To enable Application hosting; To enable Application delivery; Your data subjects rights under GDPR if you are an EEA or UK residents or under Israel Privacy Law or under any other applicable privacy law in other locations; Your consumer rights under CCPA if you are California resident; Communication of this Privacy Policy to all our employees, vendors, inside the EEA and outside the EEA; Each communication with a third party, ensuring it will rely on a data protection agreement. If data transferring occurs outside the EAA area, then, in addition, appropriate Standard Contractual Clauses will be applied; Each transferring of data outside the EEA, ensures that it will be subject to data transferring mechanism assessments (TIA).

What Personal Data Do we collect, and why do we collect it?

To operate our CHLOE EQ Challenge application offering embryo health condition prediction educational training application, we may collect and process the following categories of Personal Data about you:

  • Registration to our Application and Communication Data –  that includes log in credentials to access and use the CHLOE EQ Challenge such as emails, full names, your account User name, Nickname, your company, practice and position, and/ or any other communication information that you send us (such as phone numbers); for authorization purposes, permissions, access management and registration to  our Application.  We process this data for the purposes of operating CHLOE EQ Challenge application; communicating with you; record keeping and for the establishment; for marketing purposes; pursuance or defense of legal claims. Our lawful ground for this processing is your consent.
  • Information that you provide to us when using CHLOE EQ Challenge, or that is generated in the course of the use of our Application (including the timing, frequency and pattern of service use and your CHLOE EQ Challenge results and location information, which may be determined through your IP address).
  • Non-Personal Information Automatically Collected or Generated. When you visit, interact with our CHLOE EQ Challenge application, including any e-mail sent to you by us, we may collect or generate technical data about you and your use of the application; Statistical analysis for publication, anonymized and collated with all other our Application Users results; Non Personal Information consists of connectivity, technical or aggregated usage data, data regarding the device, operating system, Network data that includes: WLAN, WiFi points (SSID), IP address of the device, browser version locale and language settings used, the cookies and pixels installed on such device, and the activity (clicks and other interactions) of users of our CHLOE EQ.
  • Any other personal information that you choose to send to us.



Note that we do not intend to collect or process any sensitive Personal Data (as defined by applicable privacy law) about you. Our CHLOE EQ Challenge training application manages insensitive data solely.

What Are Your Rights?

If you are located in the European Economic Area (“EEA”), you have certain rights with respect to your Personal Data, including:

  •     the right to be informed
  •     the right of access
  •     the right to rectification
  •     the right to erasure
  •     the right to restrict processing
  •     the right to object to processing
  •     the rights in relation to automated decision making and profiling.


If you seek to withdraw the consent you have given to us, you are able to send us an email and we will seize your Personal Data. Note, that on rare occasions the Personal Data collected until the consent is withdrawn might have to be further processed due to legal requirements of validating the safety and efficacy of the device and the obligation to report adverse events, if any. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive or refuse to comply with your request in these circumstances. If you wish to exercise any of the rights set out above, please email us at:


We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information concerning your request to speed up our response.


We will try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you.


How We Collect Your Personal Data?


We store your Personal Data to enable you to register and log in to the Application. We only collect and process the Personal Data you provide us, and we are not receiving Personal Data on You from third parties.


What Are the Lawful Grounds for Processing your data?


Fairtility only processes Personal Data relying on your consent (Art 6 (1)(a)) and for the purposes set out in this Privacy Policy. We may also rely (in exceptional circumstances) on legal obligations (Art 6 (1)(c)) or legitimate interest (Art 6 (1)(f)).


We are not using cookies concerning marketing aspects.


Disclosures of Your Personal Data to Third Parties


In general, without your consent, we will not share Personal Data with third parties that may identify you (such as your full name, email, or postal address, etc.). Unless it is required by law, or we determine that disclosure is reasonably necessary to enforce our rights, property, or operations or to protect our users.

We may share anonymous or aggregated information, or other data that does not directly identify you, with third parties, for instance your Nickname or User name as part of our ten (10) highest CHLOE EQ Challenge results list, that is, unless you choose to register to the CHLOE EQ Challenge with your full name as the Application User name profile, then you hereby consent that we may publish your full name, practice and position with your personal results in the CHLOE EQ Challenge Application, among other Users and third parties, provided that your score be among the ten (10) highest CHLOE EQ Challenge results. If you do not wish us to disclose your identity with your Application personal results, please register to the CHLOE EQ Challenge Application with an anonymous User Name profile or a Nickname as your Application profile. If in the future, to provide, operate, maintain, serve and improve the Application services and offer additional products and features further enhance our Services, we will decide to share your Personal Data, we will follow lawful legal requirements, we will update this Privacy Policy, and inform you using our main website or any means of communication you have provided us.

How we protect your Personal Data?

We have implemented appropriate technical, organizational and security measures designed to protect Personal Data and prevent unauthorized access to data. As the security of information depends in part on the security of the devices or network you, us or third party use, we cannot guarantee that all communications and Personal Data will be 100% safe at all times, however, we make efforts to ensure the appropriate level of protection.


How we retain your data?


We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements, exercise or defend our legal rights.

In some circumstances, we may anonymize your Personal Data for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.


International Transfers


If you are a resident of the EEA, it is possible, occasionally, that your data will be transferred outside the EEA, to third parties who can improve our CHLOE EQ Challenge services. We are subject to the provisions of the GDPR that protect your Personal Data. We will ensure that certain safeguards are in place to provide a similar degree of security for your Personal Data. Each transfer of data outside the EEA, such as to Israel where our offices are based, will be subjected to the Commission Implementing Decision (EU) 2021/915 given on 4 June 2021 (hereinafter: “SCC” and/or “Standard Contractual Clauses”), such that when transferring personal information outside the EEA, we will usually:

  • in accordance with Article 46.2 of the GDPR, including the Standard Contractual Clauses approved by the European Commission for transferring Personal Data outside the EEA into our contracts with third parties; or
  • in accordance with Article 45 of the GDPR, ensure that the country in which your Personal Information will be handled (such as the State of Israel, where our company is based) has been deemed “adequate” by the European Commission.

In any case, our transfer, storage, and handling of your Personal Data will continue governed by this Privacy Policy.

We may request your explicit consent to the specific transfer if no safeguards are available. You will have the right to withdraw this consent at any time.


If You Are a California Resident

This section applies to California residents and outlines your rights and choices with respect to Fairtility processing of your Personal Data under the CCPA.

To learn more about the Personal Data we collect, including the specific Personal Data categories collected, sources of collection, our purposes for collection, and the categories of service providers with whom we share Personal Data, please see the Policy Scope & Purposes of Processing, What Personal Data we collect and why we collect it, How We Collect Your Personal Data, and Disclosures of Your Personal Data to Third Parties.

We do not sell Personal Data for business or commercial purposes.

Consumer Rights

The CCPA grants California consumers specific rights in connection with the Personal Data collected by businesses, as described below:

  • Right to Know: You have the right to know the categories and specific pieces of Personal Data we have collected about you in the previous 12 months.
  • Right to Deletion: You have the right to request that we delete any Personal Data we have collected about you.
  • Right to Request Information: You have the right to request information about our collection, sale, and disclosure of your Personal Data from the previous 12 months.
  • Right to Opt-out of the Sale of Personal Data: You have the right to opt-out of the sale of Personal Data we have collected about you. As of the date of this Policy, we do not sell the Personal Data we have collected about you.
  • Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your CCPA rights. We will not treat you differently for exercising any of the above rights.

Exercising Your Rights


To exercise any of the CCPA rights above, don’t hesitate to contact us by emailing We will fulfill your request within 45 days of receiving your request. Some of these rights may be subject to limitations and qualifications, such as where fulfilling the request would conflict with federal, state, or local law, regulatory inquiries, subpoenas, or our ability to defend against legal claims. We will verify your request using your email address. If you’ve created an account with us, we will also verify your request using the information associated with your account, including billing information.


Note that we cannot respond to your request if we cannot verify your identity and confirm the Personal Data related to you. Making a verifiable consumer request does not require you to create an account with us. If you wish to use an authorized agent to submit a request to opt-out on your behalf, you must provide the authorized agent with written permission signed by you. We may deny a request from an authorized agent if the agent cannot provide to us your signed authorization demonstrating that they have been authorized to act on your behalf.




We are not collecting any cookies in our Application services. If, in the future, we will decide to collect cookies to enhance your browsing experience, we will follow lawful legal requirements, we will update this Privacy Policy, and inform you using our main website or any means of communication you have provided us, prior the collection.


Contact Us


If you are not satisfied with any aspect of how we collect and use your data, you have the right to complain to the relevant supervisory authority for data protection issues. We would be grateful if you would contact us first  If you do have a complaint we can try to resolve it for you.


We are committed to your privacy!