AIVF App Privacy Notice

Last updated on November 5th, 2024

This Privacy Notice describes how AIVF, Ltd. (together with its affiliated companies – “AIVF“, “we“, or “us“) collects, stores, uses and discloses personal data when you interact with our “AIVF” App (the “App”), which we provide as part of operating our proprietary “AIVF” software platform (the “Platform”), collectively referred herein as the “Services”, on behalf of the App Administrator that provided you with access to the App. 

Please review this Privacy Notice carefully, and please use the information herein to make informed choices. If you have any concerns or questions about our privacy practices, please feel free to contact us. By downloading and using this App, you are agreeing to all of the terms set forth in this Privacy Notice.

If you do not agree to this Privacy Notice, do not use the App. 

AIVF takes the protection of privacy seriously. The purpose of this App is to allow you access to your personal data, including your health data, processed by the App Administrator – i.e. the clinic through which you are receiving fertility services – in order to give you easier remote access, ability to monitor your fertility journey, and easy scheduling with the clinic as well as other capabilities at the discretion of the App Administrator. 

Specifically, this Privacy Notice describes our App related practices regarding:

1. Data Collection & Processing 
2. Data Uses & Lawful Bases for Processing
3. Data Storage and Transfer 
4. How Long We Retain Your Personal Data
5. How We Share or Otherwise Disclose Your Personal Data 
6. Data Collection Technologies
7. Communications
8. Data Security
9. Your Data Subject Rights
10. Additional Notice & Contact Details
11. App Administrator
    

 

Data Collection & Processing

When we use the term “personal data” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or identified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

The majority of the personal data presented to you in the App is neither collected through the App nor stored on your mobile device. No health data will be stored on your mobile device or collected by the App. Any health data presented to you in the App reflects the health data already stored in the software used by the relevant App Administrator to process your health data.  

The only personal data collected by the App itself will depend on the features adopted by the App Administrator to use in the App, as the App Administrator, and how you choose to use them. 

The data types for such interactions in the App that will be collected and processed by AIVF as a data controller include: connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device ID, app version, locale and language settings used), activity logs, session recordings, the SDKs and other technologies installed or utilized on your device, inferred or presumed data generated from your use of the Services, other internet or electronic network activity information and other device information). 

For additional information regarding the App Administrator, please see Section 11 below. 

Data Uses & Lawful Bases for Processing

We use your personal data collected through the App as necessary for the following purposes and in reliance on the lawful bases detailed in the chart below:

Patient Data

 

Purpose	Lawful basis for processing
To facilitate, operate, and provide our Services.<	Performance of a Contract (to the extent applicable) Legitimate Interest Consent (to the extent applicable)
To monitor, study, and analyze use of the Services.	Performance of a Contract (to the extent applicable) Legitimate Interest
To gain a better understanding of how individuals use and interact with our Services, and how we could improve their and others’ user experience and continue improving our offerings and the overall performance of our Services.	Legitimate Interest
To provide customer service and technical support.	Performance of a Contract Legitimate Interest
To support and enhance our data security measures, including for purposes of preventing and mitigating the risks of fraud, error, or any illegal or prohibited activity.	Performance of a Contract  Compliance with legal obligations Legitimate interest
To comply with court orders and warrants,  prevent misuse of the Services, and take any action in any related legal dispute and proceeding.	Compliance with legal obligations Performance of a Contract Legitimate interest
To comply with applicable laws and regulations.	Compliance with legal obligations
To contact you with general or personalized Service-related messages, that may be of specific interest to you.	Performance of a Contract Consent (to the extent applicable) Legitimate Interest
To explore and pursue growth opportunities by facilitating tailored experiences.	Legitimate Interest
To create aggregated data, inferred non-personal data or anonymized or pseudonymized data (de-identified data), which we or our business partners may use to provide and improve our respective services, conduct research, or for any other purpose.	Legitimate Interest Performance of a Contract Compliance with legal obligations

 

If your usage of the App is governed by privacy laws under which “Consent” is the only lawful basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by us or via the App, or due to nature of such processing), your acceptance of our Terms of Service (or the execution of another agreement with us) and this Privacy Notice will be deemed as your consent to the processing of your personal data for all purposes detailed in this Privacy Notice, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at privacy@aivf.co.

 

Data Storage and Transfer

We and our authorized service providers (further detailed below) maintain, store and process personal data in Europe, Israel, and other locations, as reasonably necessary for the proper performance and delivery of our Services, for our internal business purposes in the locations where we have offices, or as may be required by law.

While privacy laws may vary between jurisdictions, AIVF is committed to protecting personal data in accordance with this Privacy Notice and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred. 

AIVF, Ltd. is headquartered in Israel, a jurisdiction which is considered by the European Commission, the United Kingdom Secretary of State, and the Swiss Federal Data Protection and Information Commissioner (FDPIC), to be offering an adequate level of protection for personal data of individuals residing in the European Economic Area (EEA), the UK and Switzerland, respectively. We transfer data from the EEA, the UK and Switzerland to Israel on this basis.

For data transfers from the EEA, the UK and Switzerland to countries which are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers enter into Standard Contractual Clauses as approved by the European Commission, UK Information Commissioner’s Office, and the FDPIC (as appropriate). You can obtain a copy by contacting us as indicated in Section ‎9 below.

 

How Long We Retain Your Personal Data

We may retain your personal data for as long as it is reasonably needed in order to provide you with our Services; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e., as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy and at our reasonable discretion. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of such data, the potential risk of harm from unauthorized use or disclosure of such data, the purposes for which we process it, and the applicable legal requirements. If you have any questions about our data retention policy, please contact us by email at privacy@aivf.co.

 

How We Share or Otherwise Disclose Your Personal Data 

We disclose personal data in the following ways:

Service Providers: We engage selected third-party companies and individuals to perform services on our behalf. For the purpose of the App such service providers include hosting and server co-location services, App development, analytics services, data security services, fraud detection and prevention services and our legal, financial, privacy and compliance advisors (collectively, “service providers“). Our service providers may have access to personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them.

Legal Compliance: We may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services. 

Protecting Rights and Safety: We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of AIVF and our employees, the relevant App Administrator,  or any members of the general public.

AIVF Subsidiaries and Affiliated Companies: We may share personal data internally within our group, for the purposes described in this Privacy Notice. In addition, should AIVF or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be shared with or transferred to the parties involved in such an event. We may disclose personal data to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy or receivership. The conditions set in this Privacy Notice to protect your personal data and the purposes for processing your personal data will not be altered without notice and your consent in such events. 

For the avoidance of doubt, AIVF may share personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.

 

Data Collection Technologies

Our Services may utilize SDKs and other technologies in order for us to provide and monitor the use of the Services, to ensure that they perform properly and securely, to analyze our performance, and to improve the Services. 

Communications

We engage in service communications, through e-mail, phone, SMS, and in-app notifications. We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) pertaining to your usage of our Services. Please note that you will not be able to opt out of receiving certain service communications that are integral to your use of some of our Services.

Data Security

AIVF has implemented industry-standard physical, procedural and technical security measures, designed to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. If there is any unexpected activity or inaccurate information or if you have reason to believe that your information is no longer secure, or if you have any questions about our security, please contact us by e-mail at privacy@aivf.co. 

Your Data Subject Rights 

YOUR RIGHTS REGARDING PERSONAL DATA PROTECTION

The legislation for the protection of personal data provides you with the following rights, which you can exercise in principle free of charge and based on everything provided for in the legal framework:

• Right to access, namely to be informed on what personal data of yours AIVF has collected and is processing, the source, the purpose and legal ground of the processing, the recipients or categories of recipient of the personal data, in particular recipients in third countries, and the period for which they will be kept.
• Right to rectification and supplementation of any inaccurate or incomplete personal data, so that they are made accurate, by submitting to AIVF a relevant statement with your accurate personal data.
• The right to erasure of your personal data.  
• The right to restriction of processing of your personal data. 
• The right to object to the processing of your data, unless there are compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise or defence of legal claims of AIVF.
• The right to portability, namely to receive and transmit to another controller your personal data, in a suitable format.
• The right to withdraw your consent on an issue related to the processing of your personal data, including health data.

If your request cannot be met, AIVF will inform you without delay regarding the relevant reasons. If your request is found by AIVF to be unfounded or excessive, it may impose a reasonable and corresponding charge, taking into account its administrative costs, or it may refuse to act on your request.

RIGHT TO LODGE A COMPLAINT

If you believe that your rights are being infringed, as regards the protection of your personal data, you retain the right to lodge a complaint with the relevant privacy authority. 

You may also have the right to file an appeal with the competent judicial authorities regarding the protection of your personal data.

 

Additional Notices & Contact Details

Updates and Amendments: AIVF reserves the right to amend and adjust this Notice, whenever deemed necessary or whenever it becomes mandatory by the relevant legislation, while any changes are put into effect from the moment they are posted to the present website/application. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you. In the event consent is required based on where you reside and the respective amendment, you will be asked to consent prior to the data in question being collected/the processing taking place.

Data Protection Officer: AIVF has appointed PrivacyTeam Ltd. as our Data Protection Officer (DPO), for monitoring and advising on AIVF’s ongoing privacy compliance and serving as a point of contact on privacy matters for data subjects and supervisory authorities. If you have any comments or questions regarding our Privacy Policy, if you have any concerns regarding your privacy, or if you wish to make a complaint about how your personal data is being processed by AIVF, you can contact privacy@aivf.co.

EEA and UK Representative: We have appointed Prighter Group with its local partners as our privacy representative and your point of contact for the EEA and the UK.. Inquiries regarding our privacy practices may be sent by email to privacy@aivf.co, or via our representative, Prighter, on the following website.

Contacting Us:  If you have any comments or questions regarding our privacy policy or practices, or if you have any concerns regarding your personal data held with us, or if you wish to make a complaint about how your personal data is being processed by AIVF, please contact AIVF’s support at privacy@aivf.co.

 

App Administrator

AIVF has developed and continues to support this App on behalf of the App Administrator – the the clinic through which you are receiving fertility services including usage of our Platform. The App Administrator administers and controls access to this App to allow patients to view and access data stored in AIVF’s proprietary software used by the clinic to process patient health data. Other than the limited and specific personal data described in this Privacy Notice, AIVF processes your personal data in this App strictly as a service provider under the instructions of the App Administrator. To learn more about how the App Administrator processes your personal data through the App, please review your App Administrator’s privacy policy and make sure you understand and agree to their processing of your personal data as described in their policy, prior to engaging with the App.