Privacy Policy

Effective Date: June 26, 2020.

This Privacy Policy (“Privacy Policy”) explains the privacy practices and procedures of Celmatix Inc. and Celmatix Clinical Laboratories LLC (together, “Celmatix,” “we,” “us,” or “our”), regarding the collection, use, and disclosure of information we collect in connection with its websites, including celmatix.com, myfertilitycompass.io, saythefword.com (wesaythefword.com), joinastudy.celmatix.com/fertilitypotential, studies.celmatix.com/biome, and their subdomains, (collectively, “Websites”) and the online services that we operate (collectively, the “Services”).

This Privacy Policy applies solely to information collected by or in connection with the Websites and Services. This Privacy Policy does not apply to the websites and services of companies that Celmatix does not operate.

Your access and use of the Websites and Services are subject to this Privacy Policy, our Cookie Policy (found here), and to any separate Terms of Use for any of the Websites and Services that may be in effect from time to time.

Please read the following carefully to understand our views and practices regarding your information and how we will treat it. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Websites and Services.

Notice of Information We Collect and How We Use It

Information We Collect

Personal Information and Non-Personal Information

“Personal Information” is information that can be used to identify you by itself or when it is combined with other information, such as a name, address, cell phone number, account information, financial, insurance, credit card information, or e-mail address.

We may collect Personal Information from you in a variety of ways, including through a registration form, by you filling in forms or submitting information on the Services, or by corresponding with us by phone, email, or otherwise.

In order to use certain aspects of our Services, we may require you to complete a registration form, which may require you to provide certain Personal Information and create a user name and password. Upon registering for our Services, additional information may be automatically generated such as preferences you indicate.

We may also provide you with the opportunity to supply additional information and/or suggestions to us. In connection with any such submissions, you agree to give truthful information (such as name and email address).

Our primary purpose in collecting Personal Information is to provide you with a smooth, efficient, and customized experience using our Websites and Services and to develop our Services and related products and services to meet your needs or to otherwise conduct our business as described in the Terms of Use for the applicable Websites and Services.

We also collect and use Non-Personal Information that cannot identify you either alone or in combination with other information, such as your general location and use of our products, features, Websites, and Services that may be automatically generated when you use the Websites and Services. We may collect this information through the use of third-party service providers, which may include, without limitation, the following:

  • Squarespace (Squarespace’s privacy policy can be accessed by clicking here) and Squarespace’s cookie policy can be accessed by clicking here)

We may use this information to conduct internal research on the nature of our users to better understand, protect, and serve you. We may also collect information through “cookies,” as explained in our Cookie Policy (found here).

Device Identifiable Information

When you use our Websites, we may collect, receive, and record information on our server logs that is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating our Websites. When you visit each of our Websites, we may collect information about your computer that your browser sends, such as the Internet domain and Internet protocol (IP) address (which is stored by Celmatix when you register with Celmatix), your login information, browser type, operating system, date and time of page views, the particular web pages accessed, your login information, and, if you linked to our Website from another website, the address of that other website.

As it relates to your mobile device, we may collect additional information such as the type and model, operating system (e.g., iOS, Android), carrier name, mobile browser (e.g., Chrome, Safari), applications using our Website, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.

We may also collect your location information, such as your zip code or the approximate geographic area provided by your Internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.

Information we receive from other sources

We may also receive information about you, including your Personal Information, from other sources and third parties, including, business partners, sub-contractors in technical, payment, and delivery services, analytics providers, search information providers, public databases, social media platforms, and credit reference agencies.

Although the Device Identifiable Information and Non-Personal Information that we collect, including the Device Identifiable Information that is not linked to your mobile device, does not identify you personally, there is a risk that third parties who receive such information from us may be able to re-identify you through other information they gather.

You may choose not to provide us with some of the information described above or otherwise requested by Celmatix, but by doing so, you may not be able to take advantage of many of the features and functionality of our Services.

How We May Use or Disclose Your Information

We will not use, disclose, or share your information except as described in this Privacy Policy.

We may use the information we collect in the following ways:

To deliver the Services to you;

  • Identification and authentication of a user;

  • Provision of Service functionality (such as, where applicable, patient reports);

  • Improvements to the Services and related products and services;

  • Research and reporting and analysis of aggregated, anonymous data;

  • IP addresses and other device identifying information may be used for various research purposes, and/or delivering customized functionality;

  • We may use Personal Information, such as your browser version, IP address, referring domains, pages visited, your device and application IDs, the nature of your use of the Services, and cookie information, to improve the delivery of our Services and related products and services, and to develop analytics and aggregated data that allow us and our business partners to utilize our Services and reach out to you via our Services or otherwise;

  • To conduct our business and perform related research, develop analytics, and aggregated data that allow us and our business partners to improve our Services and related products and services;

  • With your permission, to contact you about products and services in which you have expressed interest;

  • To ensure that content from our Websites is presented in the most effective manner for you and for your computer’s operating system; and

  • To correspond with you (including to notify you about changes to the Services), as described in the “Communications from Us” section below.

We may share your information in the following ways:

We may share aggregated demographic information about our user base with select third parties. This information does not identify individual users. We do not link aggregate user data with Personal Information. We may use and publicize aggregate information in any manner that does not identify you, without your consent.

We do not sell, trade, or otherwise transfer to outside parties Personal Information we collect from you without your consent, except as described below:

  • We may share aggregated data to conduct our business, improve the delivery of our Services, to develop analytics, and to enable us and our business partners to improve and promote our products and services.

  • We may share Personal Information made available by users in public areas, such as any message boards or blogs we make available as part of our Services, for purposes related to marketing products, services, special deals, and promotions offered by us or one of our partners.

  • We may share Personal Information to authorized agents or third-party contractors whom we employ to perform tasks on our behalf and to the extent we need to share information with them to conduct our business or to provide our products, services, and offers to you.

  • We may disclose Personal Information to third parties if we believe it is necessary to investigate potential violations of our Terms of Use, or to enforce those Terms of Use.

  • We may disclose Personal Information in the circumstances described under “Legal Disclaimer” below. 

Legal Disclaimer

We may disclose the information we collect from you in the following circumstances:

  • As required by law;

  • If we believe that disclosure is necessary to protect ours or others’ rights, property, or safety;

  • To comply with a judicial proceeding, court order, or legal process served on us or the Services;

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;

  • If Celmatix or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or

  • In connection with any other actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or assets to which the information pertains. Those who choose to provide Personal Information from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations. By using the Services, you consent to having any Personal Information you provide to us transferred to and processed in the United States. BECAUSE SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR DISCLAIMERS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU.

How Long We Keep Your Information

We keep your Personal Information only for as long as we continue to have a business purpose for it.

If you cease using the Services, we will keep your Personal Information in a form that allows identification of your Personal Information for no longer than is necessary for our business purposes (or as otherwise required by law).

Communications from Us and Other Third Parties

When you send email or other communications to Celmatix, we may retain those communications in order to process your inquiries, respond to your requests, and improve our Services and related products and services. When you send and receive messages, we may collect and maintain information associated with those messages.

We may send you information by email on products, services, special deals, and promotions offered by us or one of our partners. If you are an existing customer, we will only contact you by email with such information where you have consented for us to do.

With your permission, we may share your information with our marketing partners and other third parties so that they may contact you directly regarding products, services, special deals, and promotions. We are not responsible for how these third parties may use your information, and such uses are subject to such party’s own policies.

Where we permit selected third parties to use your data, we (or they) will contact you by email only if you have consented to this.

Out of respect for your privacy, we will also provide an option to elect not to receive these types of communications. You can also exercise the right at any time by contacting us at info@celmatix.com.

Service-Related Announcements

We may send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account with us.

Customer Service

Based upon the Personal Information you provide us, we may send you a welcome email to verify your username and password. We will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your preference. You may contact customer service at info@celmatix.com.

Where Your Personal Information Is Stored

The data that we collect directly from you is stored in the United States by us and/or our business partners for the purposes of providing Services and other uses outlined in this Privacy Policy and Terms of Use. By submitting your Personal Information, you agree to this storage. Celmatix will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

All information you provide directly to us online is stored on our secured servers which are located in the United States. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Some of the information collected through the use of cookies may be stored outside of the United States. See our Cookie Policy to review what information we collect through such cookies.

Information Security

Celmatix is committed to protecting the security and privacy of your information stored by us. We will take all steps reasonably necessary to restrict access to Personal Information to those of our employees, agents, contractors, or representatives who require access to such information to perform tasks assigned to them by us.

We strive to use reasonable physical, technical, and administrative measures to protect information under our control. However, no method of transmission or storage of data is 100% secure, and we will not be responsible for any damage that results from a security breach of data or the unauthorized access to or use of information, whether Personal Information, Non-Personal Information, or Device Identifiable Information. To the extent we provide your Personal Information to any third parties, we will request that they use substantially the same level security measures to protect your information. If you create copies of information from the Services, we cannot protect the security and privacy of the information contained in such copies.

Changing Your Information

If you wish to change any of your Personal Information that you have previously submitted via the Services, you may correct or update it using the Services or by emailing our Customer Support at info@celmatix.com or by contacting us by telephone or postal mail at the contact information listed below.

Third-Party Links

We may include in our Services links to websites with third-party products or services. These third-party websites have separate and independent privacy policies. Please check these policies before you submit any personal data to these websites. We therefore have no responsibility or liability for the content and activities of these linked websites. This Privacy Policy applies only to information collected by the Websites or through use of our Services. Nonetheless, we seek to protect the integrity of our Websites and Services and welcome any feedback about these websites.

Information You Post to Public Areas or Provide to Us

Please keep in mind that whenever you voluntarily make Personal Information or other private information available in public areas for viewing by third parties online (for example, on blogs, discussion forums, or other community posting or social networking sites), such information can be seen, collected, and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information, nor for the substance of any such user-generated content.

California Privacy Rights

The state of California has passed state laws that provide additional privacy rights to individuals who reside in California:

  • California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information we disclosed to third parties for direct marketing purposes in the preceding calendar year. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. Under California law, businesses are only required to respond to a request once during any calendar year.

  • California Consumer Privacy Act of 2018 (CCPA), affords California residents additional rights--rights to know, opt-out, delete, and non-discrimination--with regard to their personal information.

If you are a California resident and would like to get more information about exercising any of your rights under these laws, please send an e-mail to info@celmatix.com or write to us at 14 Wall Street, Suite 1625, New York, NY 10005.

Minors

Our Services are not directed nor marketed to people under 18 years of age. We do not knowingly collect Personal Information from children under 18. The Websites and Services are not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If we become aware that a child under 18 has provided us with Personal Information, we will take reasonable steps to remove such information from our systems and terminate the applicable account. If you become aware that a child has provided us with Personal Information without your consent, please contact us at info@celmatix.com.

International

Our Services and Websites are based in the United States (“US”) and operate under United States Law. All of our Services and most of our Websites are restricted or intended for users located in the United States and are not intended to collect data from non-US-based users.

Celmatix’s main website (celmatix.com) may collect information from individuals not located in the United States, some of which may be considered “personal data” as defined by the General Data Protection Regulation (“GDPR”). The information collected via celmatix.com is limited to the information described in our Cookie Policy. For users who are based in the EEA, the collection of any data that would be subject to GDPR is done with such user’s consent.

Notwithstanding the foregoing, we make no representation that information provided by the Website or Services is appropriate or available for use outside the United States or complies with laws outside of the United States. If you are located outside of the United States, the information we collect may be transferred to and processed in the United States and in other countries where the privacy laws may not be the same as the laws where you reside. Those who choose to access the Website or Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations outside the United States.

Terms of Use

Please also visit our applicable Terms of Use, which establish the use, disclaimers, and limitations of liability governing the use of our Websites and Services.

Changes to Our Privacy Policy

Celmatix may update this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date at the top of this page and, where appropriate, notify you of any material changes we make to the Privacy Policy by email. Please check back frequently to see any updates or changes to our Privacy Policy. This Privacy Policy shall be deemed effective as of the "Effective Date" date.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy, please contact us at: info@celmatix.com.