Privacy Policy

Revised November 7, 2023

Thank you for choosing to be part of our community at Berry. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at privacy@berryfertility.com. 

This privacy notice describes how we might use your information if you use any of our web pages, or mobile applications, no matter the method of collection (e.g., email, sign-up/sign-in page, survey), including collection through our website at https://www.berryfertility.com and any online features, browser extensions, mobile applications, services and/or programs offered by or on behalf of Berry (collectively, the “Services”).

The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. Please read this privacy notice carefully.  By accessing and using our website or application, you are confirming your agreement to be bound by this Privacy Policy.  If you do not agree to the terms contained in this Privacy Policy, you must discontinue use of our Services immediately.  

Please note that some of the information you provide may be Protected Health Information (“PHI”) governed by the Health Insurance Portability and Accountability Act (“HIPAA”). Specifically, we act as a Business Associate (as defined by HIPAA) when we are providing administrative, operational, scheduling, or other services to a healthcare provider, and the healthcare provider is a Covered Entity as defined by HIPAA. We also act as a Business Associate when we receive PHI about a patient on behalf of a healthcare provider.  Please note that this privacy notice does not apply to PHI governed by HIPAA, and you may refer to your healthcare provider’s Notice of Privacy Practices to learn more about the collection, use, and disclosure of your PHI.

Table of Contents

1. What information do we collect?
2. How do we use your information?
3. Will your information be shared with anyone?
4. How do we use cookies and other tracking technologies?
5. How long do we keep your information?
6. How do we keep your information safe?
7. What are your privacy rights?
8. Do California residents have specific privacy rights?
9. Do we make updates to this notice?
10. How can you contact us about this notice?

1. What information do we collect?

A. Personal information you disclose to us. 
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In Short:  We collect personal information that you provide to us. 
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We collect personal information that you voluntarily provide to us when you register with us, express an interest in obtaining information about us or our products and services, and when you participate in or use our Services.

The personal information we collect may include the following: names; email addresses; usernames; passwords; contact preferences; contact or authentication data; medical information; and other similar information.

B. Information automatically collected

In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you use our Services.

This information may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. See our Cookie Policy for more detail.

2. How do we use your information?

In Short:  We process your information for legitimate business interests, to fulfill our contract with you, to comply with legal obligations, and/or with your consent.

We use the information we collect or receive:

• To facilitate account creation and logon processes.

• If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon processes.

• To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update or delete your testimonial, please contact us at privacy@berryfertility.com and be sure to include your name, testimonial location, and contact information.

• We may use your information to request feedback and to contact you about your use of our Services.

• We may use your information in order to enable user-to-user communications with each user's consent.

• We may use your information for the purposes of managing your account and keeping it in working order.

• We may use your information to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.

• We may use your information as part of our efforts to keep our Services safe and secure, including for fraud monitoring and prevention.

• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements, or in connection with your contract.

• We may use your information to fulfill and manage your payments made through the Services.

• We may use your information to provide you with requested services.

• We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

• We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing, or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).

• We do not serve targeted ads within the App. We do use Google Analytics to gather website and mobile app usage information that we may use to create ads for placement outside of the App to potential customers in the future. 

• We may use your information for other legitimate business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our services, products, marketing, and your experience. 

• We may use and store information in an aggregated and anonymized form so that it is not associated with individual end users and does not include personal information.

3. Will your information be shared with anyone?

In Short:  We only share your information with your consent, to comply with legal rules and regulations, to provide you with services, to protect your rights, or to fulfill our business obligations. 

We may process or share your data that we hold based on the following legal basis:

• We may process your data if you have given us specific consent to use your personal information for a specific purpose.

• We may process your data when it is reasonably necessary to achieve our legitimate business interests.

• We may process your personal information to fulfill the terms of our contract with you.

• We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

• If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of some or all assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

• We may share your information with third parties if and when you direct us to.

More specifically, we may need to process your data or share your personal information in the following situations:

• Vendors, Consultants and Other Third-Party Service Providers. We may share your data, to the extent necessary, with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties.

If we have processed your data and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".

4. How do we use cookies and other tracking technologies?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

5. How long do we keep your information?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice or unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). 

6. How do we keep your information safe?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, although we will do our best to protect your personal information, transmission of personal information over the internet or other wireless networks is at your own risk. You should only access our Services within a secure environment.

7. What are your privacy rights?

In Short:  In some regions, such as the European Economic Area (EEA), Canada, and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. But no matter where you live, you may always review, change, or terminate your Berry account at any time. 

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws to: (i) request access and obtain a copy of your personal information, (ii) request rectification or erasure; (iii) restrict the processing of your personal information; and (iv) if applicable, data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will review and act upon any request received in accordance with applicable data protection laws. 

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time.  

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here.
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If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html. 
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If you have questions or comments about your privacy rights, you may email us at privacy@berryfertility.com.

FOR RESIDENTS OF CANADA:

Please note that personal information we obtain about you will be processed and stored in the United States, and such information may be subject to disclosure pursuant to a lawful access request by U.S. courts or government authorities (see Section 3 of our Privacy Policy).

Pursuant to Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), residents of Canada are permitted to request and obtain from us information respecting the existence, use, and disclosure of their personal data as well as access to that information (subject to certain exceptions pursuant to applicable laws). Without limiting the above, residents of Canada will, upon request:

  • Be informed of whether we hold personal data about you;

  • Be provided with an account of third parties to which we have disclosed your personal data;

  • Be able to challenge the accuracy and completeness of your personal data and have it amended as appropriate; and

  • Be provided with information about our policies and practices with respect to the management of personal data, including: the name or title, and address, of the person who is accountable for our privacy policies and practices; the means of gaining access to personal data; a description of the type of personal data held by us, including a general account of its use; a copy of information that explain our policies; and what personal data is made available to related organizations. 

To exercise any of these rights or register a privacy related complaint, please contact our Privacy Officer by email at: privacy@berryfertility.com. You may also contact the Privacy Officer at Attn: Privacy Officer, Early Works LLC, 2631 Housley Rd. #1110, Annapolis, MD 21401. 

Additional Information:

For additional information regarding PIPEDA and other privacy laws applicable to Canada residents, or to learn more about the privacy rights of Canada residents, please visit www.priv.gc.ca or contact the Information Centre of the Office of the Privacy Commissioner of Canada by calling 1-800-282-1376.

Account Information 

If you would at any time like to review or change the information in your account or terminate your account, you can:
• Log in to your account settings and update your user account.
• Contact us using the contact information provided below.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. If you change your mind, you might not be able to recover your data and content after a certain amount of time. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services. To opt-out of interest-based advertising by advertisers visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may contact us at: privacy@berryfertility.com.

8. Do California residents have specific privacy rights?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. 
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CCPA Privacy Notice 

The California Code of Regulations defines a "resident" as: 
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose 

All other individuals are defined as "non-residents." 

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories when you interact with us in-person, online, or by phone or mail in the context of:
• Receiving help through our customer support channels;
• Participation in customer surveys; and
• Facilitation in the delivery of our Services and to respond to your inquiries.

You may contact us by email at privacy@berryfertility.com. 

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be sold to anyone? 

Berry has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data:

Right to request deletion of the data - Request to delete 
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities. To request to review, update, or delete your personal information, please email us at privacy@berryfertility.com.

Right to be informed - Request to know 
Depending on the circumstances, you have a right to know:
• whether we collect and use your personal information;
• the categories of personal information that we collect;
• the purposes for which the collected personal information is used;
• whether we sell your personal information to third parties;
• the categories of personal information that we sold or disclosed for a business purpose;
• the categories of third parties to whom the personal information was sold or disclosed for a business purpose;
• and the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights 
We will not discriminate against you if you exercise your privacy rights.

Verification process 
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. 

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights
• You may object to the processing of your personal data.
• You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data.
• You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
• You may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at privacy@berryfertility.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.  

9. Do we make updates to this notice?

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

10. How can you contact us about this notice?

If you have questions or comments about this notice, you may email us at privacy@berryfertility.com.