SHER FERTILITY SOLUTIONS PRIVACY POLICY
Last updated: August 16, 2022
1. INTRODUCTION
At Libera Medical, PLLC, dba Sher Fertility Solutions, we take your privacy rights, and your expectation of privacy, very seriously. We strongly encourage you to read this Privacy Policy, to consult it regularly to note any changes we may make, and to let us know if you have any questions
This Privacy Policy describes SFS’s policies and procedures regarding the collection, use and disclosure of information which you provide when you use SFS’s www.sherfertilitysolutions.com web site (the “Web Site”), or when you use the related services and features offered on the Web Site (the Web Site, the related services and features, and any other products and/or services offered by SFS through the Web Site are collectively referred to as the “Services”).
SFS will not use or share your information obtained through your use of the Services for any purpose or with anyone except as described in this Privacy Policy. However, please note that this Privacy Policy does not apply to information we collect by other means or from other sources.
2. HOW WE COLLECT YOUR INFORMATION
Information You Provide. When you access the Web Site or use the Services, or at other times, we collect and store personally identifiable information (generally defined to mean information that can be used on its own or with other information to identify, contact or locate a single person, or identify an individual in context) about you that may include your name, postal and e-mail addresses, infor-mation regarding your computer system, and other information.
We request certain information from you if you make a payment from the Web Site. You must provide contact information such as your e-mail address, and payment information such as a credit/debit card number and the expiration date. Payment information is used for payment processing purposes on-ly. We use a credit/debit card processing company to process credit/debit card charges for Services. We do not retain, share, store or use credit/debit card information for any secondary purposes (sub-ject to Federal, state law including the California Public Records Act, and applicable non-US law such as the European Union’s General Data Privacy Regulation, or “GDPR”) and will exercise reasonable care, but no less than the care required by applicable laws, to prevent disclosure or use of credit/debit card information.
Cookies. For each visitor to our Web Site, our web server may automatically attempt to identify the user through a cookie placed within the user’s web browser. This is done to provide users with more relevant access to the Web Site. From time to time we may also track information, in aggregate, on pages and features that users access or view. The activity is collected and stored in our server’s log files. We may log Internet Protocol (IP) addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes. We use this information in an aggregate fashion to track access to the Web Site.
We may also place cookies on users’ computers to allow users to store login information, personalize their user experience and navigate easily through the Web Site. Through the use of additional cookies or technology, we will have the ability to track users by their behavior profile and geographic location for the purpose of pushing advertising that matches their interests and/or specific location. We, or the service provider, will inform you of such collection at the time you use the service. By giving your con-sent, you agree to our collection, use and disclosure of your location information as described.
3. HOW WE PROCESS YOUR PERSONAL INFORMATION
The following sets forth the ways we process your personal information, to the extent lawfully permit-ted. For residents of the European Economic Area, this disclosure is required by GDPR Articles 13 and 14. GDPR also requires us to inform you that the legal basis for processing this information is, as appli-cable, your consent, our legitimate interest, or a contract we have entered into with you.
(a) We may process information about your use of the Services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use of the Services. We use this usage data for the purposes of analyzing use of the Services.
(b) We may process your account information (“account data”). The account data may in-clude your name and email address. We use this account data to provide the Services to you, maintain back-ups of our databases and communicate with you.
(c) We may process information contained in any enquiry you submit to us regarding the Services (“enquiry data”). We use this enquiry date for the purposes of offering, marketing and selling relevant goods and/or services to you.
(d) We may process information relating to transactions that you enter into with and/or through SFS (“transaction data”). The transaction data may include your contact details, your payment card details and the transaction details. We use this transaction data for the purpose of supplying the purchased goods and services to you and keeping proper records of those transactions.
(e) We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication con-tent and metadata associated with the communication. Our Web Site will generate the metadata asso-ciated with communications made using the Web Site contact forms. We use this correspondence data for the purposes of communicating with you and record-keeping.
(f) We may process any of your personal information where necessary for the establish-ment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure, and where necessary for the purposes of obtaining or maintaining insurance cov-erage, managing risks, or obtaining professional advice.
(g) In addition to the specific purposes for which we may process your personal infor-mation set forth in this Privacy Policy, we may also process any of your personal information where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4. PROVIDING YOUR PERSONAL INFORMATION TO OTHERS
The following sets forth the ways we may disclose your personal information to others, subject always to the limits of applicable law.
(a) We may disclose personal information to our suppliers or subcontractors insofar as reasonably necessary to maintain the Services.
(b) Financial transactions relating to Services may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent nec-essary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. At your request we will inform you of the identity of our payment service providers and provide links to their privacy policies and practices.
(c) We may disclose your personal information to our insurers and/or professional advis-ers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
(d) We may transfer part or all of your information in the case of a merger, acquisition, bankruptcy, or other sale of all or a portion of SFS’s assets or equity.
(e) In addition to the specific disclosures of personal information set out in this Section, we may disclose your personal information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal information where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. OTHER DISCLOSURES OF YOUR INFORMATION
We may store personal information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers).
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution. In such cases we cannot control acquiring parties’ use of your information.
We may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect SFS’s rights or property.
Additional use of your personal information that is not described in this Privacy Policy will only take place as required by statute or when we have obtained your consent.
Certain features on Web Site request information about you which will be forwarded to a representa-tive of our organization to respond to your question or inquiry. If you fill out a contact form online you will be contacted by our representative. If you provided your telephone number online you may be contacted by our representative in order to provide you with the information you requested. A priva-cy notice pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is made available at the time any prospective or actual patient first receives services from SFS.
6. LINKS TO OTHER WEB SITE
The Services may contain links to other web sites or services that may be subject to less stringent pri-vacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these web sites or services. We are not responsible for how such third par-ties collect, use or disclose your personal information. You should review their privacy policies before providing them with personal information.
7. YOUR RIGHT TO OPT OUT
We are committed to providing users of our Services with the choice to receive or not receive e-mails, promotional materials and/or other communications from SFS. We only send commercial emails to us-ers who have requested or consented to receive emails about our services and products. We do not send unsolicited commercial emails (“spam”), buy or sell email lists, or use purchased or harvested email lists. We offer commercial email recipients the opportunity to opt-out of further communica-tions in every email. If you want to stop receiving commercial emails, promotional or other marketing materials, you can do so at any time by contacting SFS at info@sherinstitute.com.
8. NON-US USERS
The Services are operated in and provided from the United States. If you are located in Canada, the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Services, participating in any of our services and/or providing us with your information, you consent to this transfer.
9. CALIFORNIA AND CANADIAN USERS
Under the California “Shine The Light” law, California residents may opt-out of the disclosure of per-sonal information to third parties for the third parties’ direct marketing purposes. Canadian residents also have certain rights to know how their information may be shared with third parties for direct mar-keting purposes. As detailed above, you may contact us for such information or to opt-out of the shar-ing of your personal information with third parties for marketing purposes at any time by sending an e-mail stating this preference and including your full name and e-mail address to info@sherinstitute.com. Please note that this opt-out does not prohibit disclosure for non-marketing purposes.
10. SECURITY. The security of the Services and your information is of great importance to SFS. We have developed reasonable security measures in place to protect the loss, misuse and alteration of your information under our control, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we shall have no liability to you or any third party from any loss, misuse or alteration. We do not warrant that your access to the Services is completely secure. You should promptly notify SFS if your account, or if you have one, your username or password, has been lost or stolen. SFS will never ask you for your password. If you need a new user name and/or password, SFS will generate a new username and password automatically through its computers and send them to your e-mail.
In accordance with applicable law, SFS shall notify any user whose information is suspected of being accessed, disclosed, altered or deleted by an unauthorized person, so that the user can take appropri-ate measures to minimize the adverse effect of such a data security breach (a “Breach Notification”). SFS will make such Breach Notification soon after it learns of a breach, unless it deems, at its sole dis-cretion, that such Notification might hinder and prevent ongoing efforts to detect the source of the breach. For the avoidance of doubt, a Breach Notification does not constitute an admission by SFS that the breach occurred as a result of malpractice, failure, bad faith or negligence on behalf of SFS or that the breach even occurred in SFS’s systems.
11. CHILDREN’S PRIVACY
Protecting the privacy of children is especially important. SFS does not knowingly collect or solicit per-sonal information from anyone under the age of 13 or knowingly allow such persons to use the Ser-vices. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.
12. GOVERNING LAW AND JURISDICTION
This Privacy Policy shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute arising under or in relation to this Policy shall be resolved in accordance with the terms and procedures set forth in the Terms of Service.
13. CHANGES TO OUR PRIVACY POLICY
If we change our privacy policies and procedures, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page. Please check this page on a consistent basis.
14. CONTACTING SFS
Please contact us if you have any questions about this Privacy Policy, our privacy practices or your deal-ings with the Web Site or the Services. You can contact us by email to info@sherinstitute.com
or by postal mail to Sher Fertility Solutions, 425 5th Avenue 3rd Floor, New York, NY 10016, Attn: Privacy Officer.