Béa Fertility Privacy Policy & HIPAA Notice of Privacy Practices

Béa Fertility and its affiliates (“Béa,” “we,” “our,” and/or “us”) values the privacy of individuals who use our application, website, and related services (collectively, our “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and disclose information from users of our Services (“Users”). By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond the Privacy Policy, your use of our Services is also subject to our Terms of Service.

We may process some of your information in the role of a “business associate” or “processor” on behalf of health care providers, such as your provider who referred you to us or clinicians who provide consultations to you as part of your Béa treatment journey. Some of these health care providers may be subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). When we collect, use, and disclose personal information for or on behalf of the health care providers, we do so in our capacity as a “business associate” (for customers subject to HIPAA) or “processor” (for customers not subject to HIPAA) to those health care providers. In those instances, our processing of your personal information is subject to Béa’s agreements with the health care providers. The providers’ processing of your personal information is subject to their Notice of Privacy Practices or Privacy Policies. We are not responsible for their privacy or data security practices, which may differ from those explained in this Privacy Policy.

Information We Collect 

We may collect a variety of information from or about you or your devices from various sources, as described below.

A. Information You Provide to Us.

Registration and Account Information. When you sign up for an account, we ask you for your name and email address. If you sign up via a referral from a provider, we may also learn that you are a patient of the provider who referred you to our Services.

Communications. If you contact us directly, we may receive additional information about you, such as your name, email address, and the contents of a message or attachments that you may send to us, and other information you choose to provide. When we send you emails, we may use embedded pixels or other technologies to track information about your receipt and interaction with our emails, such as whether and when you open them, whether you access any links included in our emails, how long you read our emails, whether you forward our emails and to whom, your Location Information (described below), and your Device Information (described below), to learn how to deliver a better customer experience and improve our Services.

Assessment for Béa Treatment. If you choose to complete our assessment, surveys, or intake form in order to find out if the Béa Treatment is right for you, we may collect information such as your fertility treatment history and family details, medical information, demographic information including age, contact information, and any other information you choose to provide.

Scheduling Calls with Clinicians. If you schedule consultation or coaching calls with our clinicians, we may collect information including   your name, contact information such as email address and phone number, demographic information, health and fertility treatment history and tests, purchase and service history, and appointment logistics.   

We also receive any information that you choose to provide, such as any preparation notes you may enter as a reminder for your calls, and any feedback you provide about the appointment.

Test Results. If you choose to log your fertility-related test results in our mobile app or desktop portal, we ask you to provide information such as your ovulation test detection method and result, pregnancy test result, and the date of the test.

Payment Information. If you purchase Béa Fertility Treatment or otherwise make a payment through our Services, your payment-related information, such as credit card or other financial information, is collected by our third-party payment processor on our behalf.

User Content. The content you post to the Services, such as your posts or comments, will be displayed on the Services and viewable by other users. We are not responsible for the other users’ use of available information, so you should carefully consider whether and what to post or how you identify yourself on the Services.

Testimonials. If you choose to send us your testimonial, we receive information such as your testimonial, name, and any other information that you choose to provide, and we may share that publicly.

SMS When you provide your mobile phone number and opt in, you consent to receive marketing text messages from Béa Fertility. These may include promotional offers, updates, and educational content. Consent to receive SMS messages is not a condition of purchase and may be withdrawn at any time.

Security & Medical Disclaimer. SMS is not a secure channel. While we endeavor to protect your information, we cannot guarantee security in text message transmissions. We strongly discourage sharing sensitive personal health information (PHI) via SMS. Any PHI shared through SMS is at your discretion. SMS communications are not medical advice and cannot be used for medical guidance, diagnosis, treatment, or emergency services.

Third-Party Vendors. We may use reputable third-party service providers to deliver and manage SMS communications. These providers process your data only to facilitate communication on our behalf and are contractually required to safeguard your information.

Retention. We retain your phone number and SMS consent information until you withdraw your consent or request deletion, unless a longer retention period is required by law.

Compliance Béa Fertility complies with applicable U.S. laws governing SMS marketing, including the Telephone Consumer Protection Act (TCPA).

Frequency, Charges, and Opt-Out. Message frequency may vary. Standard message and data rates may apply depending on your wireless carrier. You may opt out of receiving SMS messages at any time by replying STOP to any text. You may also request help by replying HELP. After you opt out, we may send one final confirmation message. For further support, you may contact us at support_us@beafertility.com.

B. Information We Collect When You Use Our Services.

Telehealth Clinician Appointments. Through our services, you can make a telehealth  appointment to meet with a clinician provided by Greater New York Medical Health, P.C, for example to receive coaching on the use of Béa applicator or to receive a fertility diagnosis. These appointments take place on a third-party communications platform. If you participate in a telehealth appointment, we use a third-party AI tool to record and generate a summary of the call and make that summary available to you and your clinician. We also receive any other records generated by your clinician, such as prescriptions or lab orders.

In-App Messaging. Béa Fertility collects and processes the content of in-app messages to provide and enhance its Services. Messages may include sensitive personal and health information and can be monitored for operational purposes and to ensure compliance with the Terms of Service. This information may be shared with vendors and service providers, such as third-party telehealth platforms, to facilitate the provision of Services.

Device Information. We receive information about the device and software you use to access our Services, including IP address (from which we infer your general location), device type, device identifiers, web browser type and version, operating system version, phone carrier and manufacturer, application installations, mobile advertising identifiers, and push notification tokens. 

Usage Information. We automatically receive information about your interactions with our Services, like the products you purchase, the pages or other content you view, referrer information (the website you visited before coming to our Services), the dates and times of your visits, the searches you conduct, and purchases you make.

Information from Cookies and Other Tracking Technologies. We and our third-party partners collect information about your activities on our Services using cookies, pixel tags, SDKs, or other tracking technologies. Our third-party partners, such as analytics, advertising, and security partners, may also use these technologies to collect information about your online activities over time and across different services.

C. Information We Receive from Other Sources. 

Your Provider. If you use the QR code that your Provider provides to refer you to us, we learn which Provider’s office referred you to us. Alternatively is your provider fills out a direct referral form on your behalf we learn which Provider’s office referred you and their reason for doing so.

Information from Clinicians. If you choose to consult with a clinician we receive the clinician’s notes from the consultation and any treatment plan suggestions, such as labs or prescription information.

Labs. If you choose to direct labs to send your lab results directly to us, we receive that information from the labs.

Pharmacies. If you choose to purchase medications through our Services, we receive prescription, fulfillment, and shipping status information from the pharmacies you use.

How We Use the Information We Collect

We use the information we collect:

• To provide, maintain, improve, and enhance our Services;

• To personalize your experience on our Services such as by providing tailored content and recommendations;

 •To understand and analyze how you use our Services and develop new products, services, features, and functionality;

• To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer support;

• For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;

• To generate anonymized or aggregate data containing only de-identified, non-personal information that we may use for any lawful purposes such as to conduct studies;

• To send you text messages and push notifications;

• To facilitate transactions and payments;

• To find and prevent fraud and abuse, and respond to trust and safety issues that may arise;

• For compliance purposes, including enforcing our TOS or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and

• For other purposes for which we provide specific notice at the time the information is collected.

How We Disclose the Information We Collect

Referring Providers. If your provider refers you to our Services, and if you choose to purchase any products or services on our platform, we will disclose your information to the provider in order for the provider to deliver ongoing fertility care to you. The information we disclose includes the information you provide through our app or portal , (such as the test results you log, any questionnaires you complete, and any other relevant medical information you provide), information we receive from your telehealth clinician appointments (such as call summaries and clinician notes), and information we receive from your clinician (such as lab results, prescription information, and pregnancy confirmation notices).  

Clinicians. If you choose to consult with our clinicians, we will disclose the data collected about you through our Services, such as test results you log, onboarding questionnaires you complete, call notes and summaries, and any other relevant medical information for the clinician to provide tailored consultation and coaching to you.

Affiliates. We may disclose any information we receive to our current or future affiliates for any of the purposes described in this Privacy Policy. 

Vendors and Service Providers. We may disclose any information we receive to vendors and service providers retained in connection with the provision of our Services.

Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/.

Advertising Partners. We work with third-party advertising partners to collect and process your information in order to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (https://optout.networkadvertising.org) or the Digital Advertising Alliance (https://optout.aboutads.info) and serve ads through cookie-based technologies. Please visit their opt-out pages to learn about how you may opt out of receiving certain web-based personalized ads from member companies. These opt-outs will apply only to our third-party advertising partners that are members of these organizations. These opt-outs will not apply when our partners serve ads through non-cookie based technologies. 

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.

Merger, Sale, or Other Asset Transfers. We may transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected.

Consent. We may also disclose your information with your permission.

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

Security

We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, because no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 18 years of age, and no part of our Service(s) is directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at info@beafertility.com.

International Visitors

Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the U.S. for storage and processing. We may also transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal information, on or to the Services, you consent to such transfer, storage, and processing.

Update Your Information

You can update your account information through your profile settings.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or disclose personal information previously collected from you through the Services, we will notify you through the Services, by email, or other communication.

Contact Information

If you have any questions, comments, or concerns about our processing activities, please email us at info@beafertility.com.

HIPAA Notice of Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Our Commitment to your Privacy

• We understand that information about you and your health is personal.
• We are committed to protecting information about you.
• We create a record of care and services you receive. We need this record to provide you with quality care and to comply with certain legal requirements.  This notice applies to all records of your care generated by us, whether made by our staff or your provider.  Your provider may have different policies or notices regarding the use and disclosure of your information created in the provider’s office or clinic.

This notice will describe your rights, and certain responsibilities we have regarding the use and disclosure of your information. This notice will also tell you about the ways in which we may use and disclose information about you.

Your Rights

When it comes to your health information, you have certain rights. You have the right to:

Inspect or receive an electronic or paper copy of your medical record.

• You can ask to see or get a copy of your medical records and other health information we have about you.  This request may require a written authorization by you.  Contact us using the information in this policy to make this request.
• We will provide a copy usually within 30 days of your request. There may be a reasonable, cost-based fee to provide the requested information.

Request an update to your medical record.

• If you feel the information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by us.  To request an amendment, your request must be submitted to us in writing.  Contact us using the information in this policy to make this request.
• We may deny your request. We will let you know in writing the reason why within 30 days.

Request an accounting of disclosures we have made to share your information.

• You can request a list (accounting) of disclosures where we have shared your health information, to include who we shared it with, and why. The list will include all disclosures except for our own uses for treatment, payment and health care operations, and certain other disclosures (such as any you requested us to make, or exceptions required by law).
• To request this list, you must submit your request in writing. Your request must state a time period which may not be longer than six years prior to the date of the request.  Contact us using the information in this policy to make this request.
• The first list you request within a 12-month period will be free. Additional lists may be charged for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

Request confidential communications.

• You can request that we communicate with you about health matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail.
• To request confidential communications, you must make a written request.  We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted. Contact us using the information in this policy to make this request.

Receive a paper copy of this notice.

• You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.  Contact us using the information provided to promptly receive a copy of this notice.
• You may also obtain a copy of this notice at our website: https://beafertility.com/pages/privacy-policy-us 

Choose someone to act for you.

• If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
• We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights have been violated.

• You may file a complaint with us if you believe your privacy rights have been violated. Complaints may be submitted to support_US@beafertility.com
• You may also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696- 6775, or visiting http://www.hhs.gov/ocr/privacy/hipaa/ complaints/.
• You will not be penalized or retaliated against for filing a complaint.

Your Choices

For certain situations, you can tell us about your preference on what health information we can share. Talk to us, let us know what you would like for us to do, and we will follow your instructions.

Disclose information when requested by you.

• The following disclosures may require a written authorization by you.
• If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
• Sharing information with family, close friends or others involved in your care.
• Sharing information in a disaster relief situation.

We never share your information unless you give us written permission.

• Marketing purposes.
• Fundraising.
• Sale of your information.

Ask us to limit what we use or share.

• You may request to restrict or limit the information we use or disclose about you for treatment, payment or our health care operations.
• You may request a limit on the information we disclose about you to someone who is involved in your care or the payment for your care.
• If you, or someone else on your behalf (other than a health plan or insurer), has paid for the item or service full, you may ask us to not disclose that information for the purpose of payment or our operations with your health plan or insurer. Even if you request this special restriction, we can disclose the information to a health plan or insurer for purposes of treating you.  We will say “yes” unless the disclosure is required by law.
• To request these limitations and restrictions, you must make your request in writing. In your request, you must tell us what information you want to limit; whether you want to limit our use, disclosure or both; and to whom you want the limits to apply.
• We are not required to agree to the above requests and may say “no” if it would affect your care.

Our Responsibilities 

• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
• We must follow the duties and privacy practices described in this notice and provide you with a copy.
• We will not use or share your information other than as described in this notice unless you tell us we can in writing. If you tell us we can, you may change your mind at any time.  Let us know in writing if you change your mind. This will stop any further use or disclosure of your information for the purposes covered by your written authorization.

Our Uses and Disclosure of you Health Information

We typically share your health information in the following ways.

Provide treatment for you.

• We can use information about you to provide you with medical treatment or services.  We may disclose information about you to doctors, nurses, technicians, health care students, or other personnel who are involved in taking care of you.
• For example, a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process.

Payment for services provided to you.

• We can use and disclose information about you so that the treatment and services you receive may be billed to and payment may be collected from health plans or other entities.
• For example, we may need to give information about treatment you received to your health plan so it will pay for services.

Operate our organization.

• We can use and disclose information about you for our health care operations. These uses and disclosures are necessary to run our organization and make sure that all of our patients receive quality care.
• For example, we may use information to review our treatment and/or services to evaluate the performance of our staff and improve our services for you.
• We are also allowed, or required, to share your health information in other ways. Usually in ways that contribute to the public good, such as public health and safety, or research. The following categories describe the different ways we may share your health information.  We must meet conditions in the law before we can share your information for the purposes described.  For each category of uses or disclosures, we will explain what we mean and give examples, as appropriate.

Public health and safety activities

We can disclose information about you for public health and safety situations such as to:

• Prevent or reduce a serious threat to anyone’s health or safety,
• Prevent or control disease, injury, or disability,
• Report births and deaths,
• Report suspected abuse or neglect of children, elders and dependent adults, or domestic violence,
• Report adverse reactions to medications or problems with products.

Required by law.

• We will disclose information about you when required to do so by federal, state, or local law, including with the Department of Health and Human Services if it wants to see that we are complying with federal privacy laws.

Health Information Exchange.

• We may disclose your health information electronically with other groups through a Health Information Exchange network. These other groups may include hospitals, laboratories, doctors, public health departments, and health plans.   For example, if you travel and need treatment, it allows other doctors that participate to electronically access your information to help care for you.

Research.

• We can use or share information about you for health research.
• Address workers’ compensation, law enforcement and other government requests.
• We can use or disclose health information about you: For workers’ compensation claims, for law enforcement purposes such as to report certain threats to third parties, about a death that may be the result of criminal conduct, criminal conduct at one or our facilities, with health oversight agencies for activities authorized by law.

Respond to lawsuits and legal actions.

• We can disclose information about you in response to a court or administrative order, or in response to a subpoena.
• We can disclose health information to courts, attorneys, and court employees in the course of conservatorship, and certain other judicial or administrative proceedings.
• NOTE: This does not include Reproductive Health Care Services. This kind of information will not be shared without your authorization.

Work with coroners and medical examiners.

• We can release information to a coroner or medical examiner. 

Special considerations and/or disclaimers.

• We do not create or manage a hospital directory. We do not create or maintain psychotherapy notes. 

Changes in the Terms of this Notice

We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for information we already have about you as well as any information we receive in the future. The new notice will be available on request and on our website.  The updated notice will contain the effective date witœh the revisions.

Contact Information

For questions regarding this notice, additional information, or requests, contact support_US@beafertility.com.