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Embryo Options Website Privacy Policy

Embryo Options, LLC ("Embryo Options"), has created this website (the "Website" or the "Site") to provide an online platform for individuals to obtain more information about the disposition options for various biological materials including embryos, eggs, sperm, or testicular tissue, and for paying for the continued cryopreservation of these biological materials.

Embryo Options is committed to maintaining your privacy. This privacy policy and agreement ("Privacy Policy") covers how we collect, use and treat personal information that you may provide through our Website or while participating in the services that we offer at the Website (the "Services"). Our Privacy Policy applies to any visitor to the Website (collectively, "you"), including (i) casual visitors to our Site, who may access our Site's home page ("Site Visitors"), and (ii) individuals who visit the Website and participate in the Services, to explore their dispositional options for their biological material, as well as associated cryopreservation bill payment services ("Registered Users"). The terms "Embryo Options," "we" and "us" refer to Embryo Options, LLC.

1. Your Consent. Please read this Privacy Policy carefully. Once you consent to this Policy's terms, it creates legal obligations on you and on Embryo Options. We ask you to indicate your consent to the terms of this Privacy Policy in different ways, depending on your relationship to the Site. The procedures for consenting to this Policy are (i) less formal if you are a Site Visitor, and (ii) more formal if you are seeking to become a Registered User.

1.1. Consent by Site Visitors. By accessing the home page of Website as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it. If you do not agree with the terms of this Privacy Policy, please refrain from accessing our Site's home page.

1.2. Consent by Registered Users. If you register as a user of our Site, you will be prompted to click an "I Accept" button linked to this Policy during the registration process. Clicking "I Accept" confirms your agreement to the terms of this Privacy Policy.

2. The Types of Information You May Provide. Information you may provide or that we may collect from you falls into two broad categories: (i) personally identifiable information, and (ii) de-identified information. We use the term "Personally Identifiable Information" to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, financial information, photograph, telephone number, social media contact information, or any combination of information that could be used to identify you. "De-Identified Information" is information that does not identify you, and may include statistical information concerning, for example, your use of our Services, your access to content of our Registered Users, or the pages on our Site that you visit most frequently.

3. Site Visitors Only Provide De-Identified Information. Our Site is specifically designed so that Site Visitors cannot provide us with Personally Identifiable Information. Site Visitors may access the home page of our Site without registering or submitting any information to us. In that case, the only information we collect from your visit will be De-Identified Information that does not identify you in any way. Our obligations concerning, and permitted uses of, De-Identified Information are set out below in Section 5 (De-Identified, Aggregate Information).

4. Our Use of Personally Identifiable Information. We will only share Personally Identifiable Information that Registered Users provide to us via the Website with third parties as expressly disclosed in this Policy or our Terms. We collect information from Registered Users at different points on our Website and through our Services, and use this information as follows:

4.1. Registration Information; User Names. In order to participate in our Services as a Registered User, we require that you complete a registration form. Our registration form will specify the information that you must provide in order to participate in our Services, which may include such items as: (i) the type of biological material you may be choosing to cryopreserve; (ii) name; (iii) date of birth; (iv) phone; (v) email address; (vi) home address; (vii) financial information; (viii) billing address; (ix) physician name. The registration process provides Registered Users with a temporary username and password, which allows Registered Users to gain access to the Site where they will be prompted to create a unique username and password and gain access to the Services. The information you provide in connection with registration is used by Embryo Options to provide the Services.

4.1.1. Protecting Your Password. Please be careful to keep your password private. Please refer to our Terms of Use regarding suggestions for protecting your password.

4.2. Patient Information. As a Registered User, you or your healthcare provider (your "IVF Clinic") may provide health-related information, such as your medical history, pre-existing conditions and other health-related information (collectively, the "Health Information"). We will use the provided Health Information for the purposes of providing our Services and we will not share this information with any third parties, except as contemplated under this Privacy Policy or the particular Service that you use. For example, if you wish to participate in our Recipient of Biological Material Services (as described in Section 2.2 (Biological Material Disposition & Recipient Services) of our Terms of Use), you may build a User Profile and search for other Registered Users who may have chosen to donate their embryos to another couple or individual. Your User Profile will include general demographic information about yourself, Health Information, Personally Identifiable Information and any special condition that you may have for being the recipient of donated embryos (collectively, your "Profile Information"). We will only share your Profile Information in connection with our matching services described in our Terms of Use. The sharing of your Personally Identifiable information found in your Profile will only happen if you engage in a match with a donor, and such information will only be shared with the donor's IVF Clinic. Embryo Options will not under any other circumstances share your Personally Identifiable Information with any other entity or individual, including any other Registered User. If you are a Registered User using the Website functionality to donate or be the recipient of biological material, Embryo Options cannot, and does not, guarantee your privacy after the donation process has been completed on the Embryo Options website, where the donation process is defined as when a match is accepted by either a donor or a recipient.

4.3. Billing Information. If you have elected to store biological material with your IVF Clinic, we may facilitate billing for such storage services (the "Billing Services") on behalf of your IVF Clinic. We ask you to provide Personally Identifiable Information, including contact information (such as name, email address and mailing address) and financial information (such as credit card or debit card numbers, expiration date and security code), in connection with providing Billing Services. This Information is used for billing purposes, including sending an invoice to you before charging your credit card, and contacting you in the event that there is an issue with your billing or payment. Please note that Embryo Options does not directly collect or store your financial account information – instead, we use a reputable company (the "Payment Processing Company") to collect and process your payment information. Rest assured, however, that we have taken steps to confirm that the Payment Processing Company protects Personally Identifiable Information it collects from you in compliance with our Privacy Policy. If you elect to close your account with your IVF Clinic and terminate your Billing Services, you can do so through our Website by choosing a disposition option that no longer requires you to pay for the continued cryopreservation of your biological material, and following your IVF Clinic's policies and procedures to complete that disposition option.

4.4. User Query Information. Registered Users may use the Website to research and obtain a variety of information related to the disposition of various biological materials that are being cryopreserved after (Assisted Reproductive Technology (ART) treatment cycles and related topics (collectively, the "User Query Information"). IVF Clinics will be able to query our Website to determine what disposition options might be of interest to you. Any User Query Information provided to IVF Clinics will be de-identified such that IVF Clinics will not be able to identify you from this information, unless the particular IVF Clinic provides services to you outside of our Site.

4.5. Submitted Content. Registered Users may provide us with comments and feedback concerning our Site generally. By communicating with us for these purposes, you may provide us with your email address and other Personally Identifiable Information. In these instances, we use any information you provide to us strictly for the purposes for which you submitted the information.

4.6. Informational Notices and Bulletins. Periodically, we may choose to send news, bulletins, marketing materials or other information to Registered Users, and will use Personally Identifiable Information you provide to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 8 (Changing or Removing Information; Opting Out).

4.7. Blogs; Message Boards. We may offer a blog or message board system on our Site and you may choose to participate in an online discussion or to provide online comments. Any comments you contribute to the online dialogue, however, become public immediately and any Personally Identifiable Information you disclose becomes available to the other participants in the discussion. Our Privacy Policy does not cover the information you disclose in such online discussions on our Site. You should, therefore, use discretion in what you submit to these exchanges.

4.8. Communications to Us. If you send us an email with questions, comments or requests for additional information, or if you include your Personally Identifiable Information when providing us with feedback about our Site, we may use your email address and other Personally Identifiable Information included in your correspondence to respond to you.

5. De-Identified, Aggregate Information. We use De-Identified Information to analyze the effectiveness of our Site, to improve our Services and for other purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Services and the characteristics of visitors at our Site, and may share De-Identified Information with third parties, including Advertisers. Rest assured, though, that De-Identified Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We may collect De-Identified Information through features of the software that supports our Services, through cookies and through other means described below.

5.1. IP Addresses; Logs. Embryo Options may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. None of this data contains personally identifiable information.

5.2. Cookies. A cookie is a small amount of data, which often includes a de-identified unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Site or Services.

5.3. Tags. We may use so-called "pixel tags" — small graphic images (also known as "web beacons" or "single-pixel GIFS") — to tell us what parts of our website have been visited or to measure the effectiveness of searches customers perform on our Site. Pixel tags also enable us to send email messages in a format individuals can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest. None of this data includes Personally Identifiable Information, and you can "opt-out" of receiving these types of emails from us by following the directions provided in Section 8 (Changing or Removing Information; Opting Out). If any Personally Identifiable Information is collected using such tools, it will be subject to the terms of this Privacy Policy.

5.4. Click-Throughs. We may send email messages, which use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 8 (Changing or Removing Information; Opting Out).

5.5. Banner Ads; Advertising Profiles. Our Website may include the use of ad banner partners for the serving and/or targeting of ads, promotions and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser ("Advertisers"). These Advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles and related Content. An Advertiser may place or utilize its own cookie on your browser, and may use De-Identified Information about your visit to our sites, such as the number of times you have viewed the ad. If the Advertiser requests that you provide to it personally identifiable information, please be aware that this Advertiser's use and collection of this information will be governed by its own privacy policy, and not our Policy. We recommend that you review the Advertiser's privacy policy before providing personally identifiable information.

5.6. Computer Configuration. In order to determine whether your computer is supported by our system, we may collect certain De-Identified Information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Website may require to operate with your computer, or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.

6. Any Information Linked With Your Personally Identifiable Information Is Protected As "Personally Identifiable Information." To enable us to better understand the characteristics of our Registered Users and/or to provide services tailored to your needs, we may link (i) the Personally Identifiable Information you have provided, with (ii) De-Identified Information. If we combine or link any De-Identified Information or other information with your Personally Identifiable Information, the resulting combination will be treated and protected as Personally Identifiable Information under this Privacy Policy. Accordingly, no unrelated third parties will have access to this information, and any of our service providers who are granted access to this information will be bound to protect it in accordance with this Policy.

7. We Do Not Disclose Site-Directed, Personally Identifiable Information to Unaffiliated Third Parties; Limited Exceptions. We will not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the following limited circumstances:

7.1. Embryo Options Site Vendors. We may employ other companies to perform functions on our behalf, such as hosting or maintaining the Website, providing services related to the Site, collecting information, responding to and sending electronic mail or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, "Site Vendors"). We will provide Site Vendors with only that information necessary to perform their functions, and we will take steps to prevent them from using your Personally Identifiable Information for any other purpose.

7.2. Question of Harm. We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (i) that you are in risk of harm from another, or (ii) that you are harming or interfering (or will harm or interfere) with others or violating (either intentionally or unintentionally) our Terms of Use or otherwise violating legal rights.

7.3. Legal. Embryo Options may reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

7.4. Transfer of Site. Embryo Options shall be entitled to transfer to a third party information it collects, including any Personally Identifiable Information, in connection with a sale of all or substantially all of the assets of the business entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

8. Changing or Removing Information; Opting Out.

8.1. Discretionary Account Information. To allow appropriate control over Personally Identifiable Information, you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted.

8.2. Opt-Out. If we choose to send to you bulletins, updates or other unsolicited communications that are marketing-related materials, we will provide you with the ability to decline – or "opt-out of" – receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to "opt-out" of formal notices concerning operation of this Website, and legal and other related notices concerning your relationship to the Site.

8.3. Deleting Information. Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website and any associated Services. You may not remove de-identified, de-identified or aggregate data from our databases.

9. Security. We have put in place security systems designed to prevent unauthorized access to or disclosure of Personally Identifiable Information you provide to us, and we take all reasonable steps to secure and safeguard this Information. Our Site's password-protected section requires users to give us unique identifiers such as their username and password. Embryo Options employees are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personally Identifiable Information. Additionally, we ensure that Embryo Options' Site Vendors' security policies are at least as protective of your information as our policy. Moreover, we provide access to our databases containing Personally Identifiable Information on a need-to-know basis only.

Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this information should not be construed in any way as giving business, legal or other advice, or warranting as fail proof, the security of information provided by or submitted to Embryo Options. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse or alteration by third parties who, despite our efforts, obtain unauthorized access.

10. Participation by Children and Teens; Advisory. Due to federal law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR SITE AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. Please understand that we cannot necessarily tell if a user is providing us with his or her true age.

11. Notification of Changes. From time to time, we may change our Privacy Policy. If we make any changes regarding disclosure of Personally Identifiable Information to third parties, we will attempt to contact you prior to the date the modified policy is scheduled to take effect. We will post notice of the new Policy from the privacy link on our Website. With respect to Site Visitors, your use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. With respect to Registered Users, no such changes will take effect unless and until you have provided us with your consent to such changes, in accordance with Section 1.2 (Consent by Registered Users).

12. Relationship to Terms of Use and Other Contracts. This Privacy Policy must be read in conjunction with our Terms of Use, and the provisions of our Terms of Use are incorporated herein. To the extent the Terms of Use conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

13. Further Resources. If you wish further information concerning privacy policies in general, you should visit the following sites: http://www.ftc.gov/privacy/index.html.

14. Contact Us. If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at:

Embryo Options, 924 West 75th Street Suite 120-111 Naperville, IL. 60565


15. Do Not Track. Our Site does not change its behavior when receiving the "Do Not Track" from browser software.

16. Effective Date. The effective date of this Privacy Policy is April 1, 2015.


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