Béa Fertility Privacy Policy

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, 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.

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. [TS22]

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.

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 referred you to our Services, and if you choose to purchase the Béa Fertility Kit, 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, (such as the test results you log, onboarding 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 legal@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 legal@beafertility.com.