Terms of Service

TERMS OF SERVICE

Introduction

The Reproductive Centers of America, PLLC operates the reproductiveamerica.com website, which provides the SERVICE. This page is used to inform website visitors about our policies regarding the collection, use, and disclosure of Personal Information if they decide to use our Service, The Reproductive Centers of America, PLLC website. The Reproductive Centers of America, PLLC (“The Reproductive Centers of America, PLLC,” “we,” “us” or “our”) respects your privacy, and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at www.reproductiveamerica.com, unless otherwise defined in this Privacy Policy. If you choose to use our Service, then you agree to the collection and use of information about you as described in this policy. The Personal Information that we collect is used to supply and improve the Service. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy describes the types of information we may collect from you or that you may supply when you visit the website reproductiveamerica.com or use our products, services, or applications (the “Services”) and our practices for collecting, using, keeping, protecting, and disclosing that information. Your use of the Services is always subject to the Terms of Service, available at https://reproductiveamerica.com/terms-of-service. To the extent that we notify you of different or additional privacy policies or practices, those additional terms shall govern such data collection and use. By using our Services, you consent to our Privacy Policy and our collection, use, and sharing of your information, data, and other activities as described below. This Privacy Policy applies to all information we collect, whether directly from you through our website, from other websites we operate, or from third parties, or offline in connection with your use of the Services. When and where available, through mobile and desktop applications that you download from our website, which provide dedicated, non-browser-based interaction between you and us. In email, text, and other electronic messages between you and us, and any person interacting with you on behalf of The Reproductive Centers of America, PLLC. Via our third-party doctors, mobile phlebotomists, and labs. When you interact with our advertising and applications on third-party websites and services, those applications or advertising may include links to this policy. Create an account or purchase any of our Services (ex: billing information, including name, address, credit card number, government identification); request assistance from our award-winning customer support team (ex: phone number); complete contact forms or request newsletters or other information from us (ex: email); or participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.

THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION COLLECTED BY:

Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services. The Services are offered and available only to users who are 18 years of age or older, in accordance with local, regional, and national regulations, laws, and recommendations as determined by the country's relevant authorities, including federal, state, or other applicable authorities. We do not solicit, collect, or maintain information from people we actually know are under 21 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database promptly. If you are not at least 21 years of age, you must not access or use the Services. For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including, but not limited to, your name, phone number, and postal address. The information that we collect will be used to contact or identify you. Log Data: We would like to inform you that whenever you visit our Service, we collect information that your browser sends to us, referred to as Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

ABOUT COOKIES

Cookies are files with a small amount of data that are commonly used as an anonymous, unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive. Information Usage We may use the information we collect for specific purposes, including the following: Maintain and provide our Site, products, and services Fulfill the purpose for which you provide it Personalize your experience Improve our Site, products and services Develop new products and services Process transactions Improve security Detect and prevent fraud Protect our and our visitors’ safety Analyze and monitor activity on our Site Comply with our obligations Marketing Exercise our rights Enforce our contracts

WHAT INFORMATION DOES THE REPRODUCTIVE CENTERS OF AMERICA, PLLC COLLECT?

(a) Information You Provide to Us Through the Services, we may ask you to provide specific categories of information such as: (1) demographic and personal identifiable information, which is information that identifies you personally, such as your first and last name, age, gender email address, address, and phone number (“Personal and Demographic Information”); (2) specific information about your Device (as defined below), such as the type of Device you use to access the Services, IP addresses and other unique device identifiers for your Device, and network information for your Device (“Device Identifiers”), and (3) information about your health (e.g., history of disease, menstrual cycle, symptoms) and information about the medications you are taking (e.g., current medications, current and past birth control methods) (“Health Information”) (“Personal and Demographic Information” and “Health Information” are referred to collectively herein as “Your Information”). In connection with the Services, we may collect Your Information in the following ways: Through forms you fill out on our website. Through information provided by you in connection with our Services. Through surveys, polls, blogs, postings, and submissions.

(b) Information We Collect and Store as You Access and Use the Services In addition to Your Information and other information that you choose to submit to us via our Services, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your mobile phone or computer (your “Device”) whenever you visit or interact with our Services. Usage Information may be non‑identifying or may be associated with you. Whenever we associate Usage Information with Your Information, we will treat it as if it were Your Information. This Usage Information may include: your Device functionality (including browser, operating system, hardware, mobile or local network information); the areas within our Services that you visit and your activities there, including remembering you and your preferences; and specific other Device data, including the time of day, among other information.

(c) Interactions with Third Party Services. The Services may include functionality that allows certain kinds of interactions between the Services and your account on a third-party website, application, or other service (such as Facebook or Google). We won't be able to share information with these third parties without your consent. If you choose to use third-party services, when you use third-party apps or services, you are using their services, not ours, and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party services with our Services.

(d) We Do Not Track Disclosures, as noted above, we may collect information about your online activity after you leave our Services using Tracking Technologies. Various third parties are developing or have developed signals or other mechanisms for expressing consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser “Do Not Track” signals). Currently, we do not monitor or take any action in response to these Do Not Track signals or other similar mechanisms, which means that we collect information about your online activity both while you are using the Services and after you have left our Services.

HOW DO WE PROTECT THE INFORMATION COLLECTED?

We understand that protecting Your Information is important and strive to incorporate commercially reasonable safeguards to help protect and secure Your Information, including encryption, while it is at rest and in transit. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology or will utilize our third-party payment processors, which will employ appropriate security procedures. The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. You should not share your password with anyone. We recommend you exercise caution when sharing information in public areas of the Services, such as message boards. Any user of the Services may view the information you share in public places. Unfortunately, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information when it is transmitted to our Services. Any personal information you send is at your own risk.

We are not responsible for circumvention of any privacy settings or security measures contained on the Services. Do Not Track Disclosures Do Not Track (“DNT”) is a privacy preference that visitors can set in their web browsers. When a visitor enables Do Not Track (DNT), the browser sends a message to websites requesting that they not track the visitor. Currently, there is no standardized way to respond to such signals, and we do not respond to such signals at this time. For information about DNT, visit www.allaboutdnt.org. Upon request, we will provide you with a copy of your account data (for EU customers only) or information about whether we hold or process any of your personally identifiable information on behalf of a third party. To request this information, please get in touch with us at support@reproductiveamerica.com.

HOW DO WE USE THE INFORMATION COLLECTED?

We may use Your Information or Usage Information for various purposes, including: to provide the Services to you; to suggest biomarkers to analyze and to design the test you will take; to work with third party service providers to enable them to send you lists of physicians in your area; to provide you with information (such as electronic newsletters) or to provide you with special offers or promotional and marketing materials on behalf of us or third parties; to enable you to participate in a variety of the Services’ features; to improve the Services, or our offerings; to provide customer support; to contact you about your use of the Services and, in our discretion, changes to the Services and/or Services’ policies; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. For other internal purposes in connection with our business or the Services, and for purposes disclosed at the time you provide your information or as otherwise outlined in this Privacy Policy.  HOW AND WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES? Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by The Reproductive Centers of America, PLLC. Therefore, we strongly recommend that you review the Privacy Policies of these websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We do not share, license, or sell information we collect or receive from you through the Services in a personally identifiable form with third parties. We may de-identify your Personal and Demographic Information so that you are not identified as an individual and provide that information to our partners (for example, to enable our partners to publish research based on such de-identified data). We may also provide aggregate Usage Information to our partners (or allow partners to collect this information from you), who may use it to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person. If you are a California resident, you have the right to request additional information about this sharing, so please see Section (4)(f) below. In addition, we may share the information we have collected about you, including Your Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

We may disclose your information as follows: (a) When You Request Information from or provide Information to Third Parties. You may be presented with an option on our Services to receive certain information and/or marketing offers directly from third parties, or to have us send certain information to third parties, or give them access to it. If you choose to do so, Your Information and other information may be disclosed to such third parties, and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect, or otherwise have access to your information when you interact with their Tracking Technologies, content, tools, apps, or ads on our Services or link to them from our Services. This may include using third-party tools such as Facebook, Twitter, Pinterest, or other third-party posting or content sharing tools, and by so interacting, you consent to such third-party practices. It may also include ordering or purchasing products or services from third parties through us, where we indicate that the third party (not The Reproductive Centers of America, PLLC) is the seller or provider of such products or services. You can recognize when a third party is associated with such a transaction or service instead of The Reproductive Centers of America, PLLC, and we will share Your Information with such third party only to the extent that it is related to such transaction or service. We are not responsible for the privacy policies and practices of third parties. Therefore, you should review the privacy policies and practices of such third parties before requesting information from or interacting with them. (b) Third Parties Providing Services on our Behalf. We may use third-party vendors, contractors, and other service providers to perform certain services on behalf of us or in connection with the Services, such as: (i) to assist us in operation; of the Services (ii) to manage a database of customer information; (iii) hosting the Services; (iv) designing and/or operating the Services’ features; (v) tracking the Services’ activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. For example, a certified medical provider may review your test report. Additionally, we may provide your personal information to a third-party payment processor, such as Stripe, to facilitate the processing of your payments. Unless we inform you otherwise, our service providers do not have the right to use the information we share with them beyond what is necessary to assist us in providing our services. We may provide these vendors with access to user information, including Device Identifiers, only as necessary to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device, and they may otherwise collect or have access to information about you, potentially including Your Information. We are not responsible for any third-party technologies or activities arising from them. However, some parties may offer you specific choices regarding their practices. If we receive information from such parties on how you can opt out or customize their use of information about you, we will make that information available on our website. We are not responsible for the effectiveness of or compliance with any third-party opt-out options. (c) Administrative and Legal Reasons. We may access, use, preserve, transfer, and disclose your information (including Device Identifiers and Your Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend our Terms of Use or other policies applicable to the Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Services or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Furthermore, we may use IP addresses or other device identifiers to identify users, and may do so in cooperation with third parties, such as copyright owners, wireless service providers, and/or law enforcement agencies. We may disclose such information to third parties, as we deem necessary, subject to applicable law. Such disclosures may be carried out without notice to you. (d) Affiliates and Business Transfer. We may share your information, including your Device Identifiers and Your Information and Usage Information, with any parent, subsidiaries, and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of The Reproductive Centers of America, PLLC; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course o any due diligence process, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information. (e) Complaint with the California Privacy Rights. As noted above, we may share information about you with third parties for their direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain relevant information for the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident, and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: support@reproductiveamerica.com, with “California Privacy Rights” as the subject line or send us an email requesting our mailing address. You must include your full name, email address, and postal address in your request. (f)  For any other purpose disclosed by us when you provide the information.

DO THIRD-PARTY CONTENT, LINKS TO THIRD-PARTY APPS, AND/OR THIRD-PARTY SITES APPEAR ON THE SERVICES?

The Services may contain content, links, or apps that a third party supplies, and those third parties may collect Usage Information and your Device Identifiers when pages from the Services are served to you for their own commercial purposes. Additionally, when you use the Services, you may be directed to other apps operated and controlled by third parties that we do not manage. We are not responsible for the data collection and privacy practices employed by any of these third parties or their applications. They may track you across multiple online services, sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies, or other policies and ask you to agree to them. For example, if you click on a link, it may direct you away from the Services to a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal and Demographic Information, and may or may not have their own published privacy policies. We are not responsible for the privacy policies or practices of third-party owners or for the content of these third-party websites. Please review any available policies before submitting personally identifiable information to a third-party application or interacting with it, and exercise caution when using these applications. We also encourage you to note when you leave our Services and to review the privacy policies of all third-party locations, exercising caution in connection with them.

HOW DO I CHANGE MY INFORMATION AND COMMUNICATIONS PREFERENCES?

We want to ensure that you understand your responsibility for maintaining the accuracy of the information you provide to us. You may request to review, correct, or update Your Information through your account settings or by contacting us by email at support@reproductiveamerica.com. We'll make every effort to implement the requested changes in our active databases as soon as possible, although we may retain prior information as business records for historical purposes. Please note that it is not always possible to completely remove or delete all of your information from our databases, and that residual data may remain on backup media. You can cancel or modify the email marketing communications you receive from us by following the instructions in our promotional emails, if you prefer. This will not affect subsequent subscriptions. If you opt out, the opt-out is limited to certain types of emails, and the opt-out will be applied accordingly. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications related to your use of our Services, including administrative and Service announcements. These transactional account messages may remain unaffected if you choose to opt out of receiving our marketing communications. If you have any questions about the Privacy Policy or the practices described in it, please contact us by email at info@reproductiveamerica.com.

CAN I DELETE MY ACCOUNT?

If you no longer wish to use our Services, you may close your account by sending a request to support@reproductiveamerica.com. When closing an account, we remove all personally identifiable information from your account within thirty (30) days of you asking. However, any Personal and Demographic Information or Health Information that you have previously provided and for which you have given consent to use in The Reproductive Centers of America, PLLC research cannot be removed from ongoing or completed studies that use the information. Our contracted laboratories, doctors, and mobile phlebotomists may also retain Your Information as required by local law, and we may retain backup copies for a limited period of time under our data protection policies. In addition, we retain limited amounts of your Personal and Demographic Information related to your order history (e.g., name, contact, and transaction data) as long as your account is active or as needed to provide you Services, as well as for accounting, audit, and compliance purposes. Children’s Privacy: Our Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from individuals under the age of 13. If we discover that a child under 13 has provided us with personal information, we will immediately delete it from our servers. If you are a parent or guardian and are aware that your child has provided us with personal information, please contact us so that we can take the necessary actions. Geolocation Data: With your express consent, we may access and track location data from your mobile device to personalize results or other content. We do not associate any personally identifiable information about you with the location tracking technologies that we use.

WHAT ABOUT CHANGES TO THE PRIVACY POLICY?

We reserve the right to modify this Privacy Policy at any time. If we do, we will notify you of the changes by posting a notice on our website.

I'm sharing here what you agree to in our terms of service. Please review the entirety of this document and contact us if you have any questions:

1. Acceptance of Terms: By accessing and using the services provided by Reproductive Centers of America ("RCA") detailed here, you agree to comply with and be bound by the following Terms of Service. If you don't agree with these terms, please don't use our services.

2. Services Provided

RCA offers a range of fertility-related services, including but not limited to diagnostic assessments, fertility treatments, surgical procedures, and counseling. The specific services provided to each patient will be determined based on individual medical evaluations and assessments.

3. Privacy and Confidentiality

RCA values your privacy. We have strict policies in place to protect your personal and medical information. Please review our Privacy Policy for details on how we collect, use, and protect your personal data.

4. Medical Consultation and Treatment

4.1. Medical Evaluation: All patients will undergo a comprehensive medical evaluation to determine the most appropriate treatment plan.

4.2. Treatment Plan: RCA's medical team will work with you to create a personalized treatment plan, which may include fertility treatments, surgical procedures, counseling, and other medical interventions.

4.3. Treatment Risks: Patients will be informed of the potential risks, benefits, and alternatives associated with their treatment options. Please note that informed consent will be obtained before proceeding with any medical procedure.

5. Payment and Billing

5.1. Payment Responsibility: Patients are responsible for all charges incurred for services received at RCA. Payment arrangements and insurance coverage will be discussed during the initial consultation.

5.2. Financial Assistance: RCA may offer financial assistance programs or payment plans to eligible patients. Please inquire for details.

6. Code of Conduct

Patients are expected to maintain a respectful and cooperative relationship with RCA's staff and to adhere to the clinic's policies. Disruptive or inappropriate behavior may result in the termination of services.

7. Termination of Services

RCA reserves the right to terminate services if a patient fails to comply with clinic policies, exhibits disruptive behavior, or if continued treatment is deemed medically inappropriate.

8. Communication

RCA will communicate with patients primarily through in-person consultations, phone calls, emails, and secure patient portals. Patients are encouraged to ask questions and seek clarification regarding their treatment and care.

9. Legal Disclaimers

9.1. No Guarantees: While RCA strives to provide the best care possible, we cannot guarantee specific treatment outcomes, including pregnancy.

9.2. Medical Emergencies: In the event of a medical emergency, please call 911 or proceed to the nearest emergency room. RCA does not provide emergency medical services.

10. Amendments to Terms

RCA reserves the right to modify these Terms of Service at any time. Any changes will be posted on our website, accompanied by an updated effective date.

11. Contact Information

For questions or concerns regarding these Terms of Service, please get in touch with us at:

Reproductive Centers of America, info@reproductiveamerica.com

By using RCA's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Your continued use of our services means you've accepted any revisions to these terms.