Privacy Policy

Last Updated: November 17, 2023

FEMOMETER INC ('Femometer', 'femometer', 'we', 'us', 'our') is committed to safeguarding the Personal Information that we collect and process about you when you use our websites, www.femometer.com ('Sites') and the Femometer mobile application ('App') (the Sites and App together are called the 'Services'). This Privacy Policy applies to the Services and is intended to help you understand (i) how we collect and process your information, including Personal Information when you use the Services; (ii) how we use and disclose your Personal Information; (iii) how we protect your Personal Information; and (iv) the choices you may have concerning your Personal Information. Your privacy and the security of your Personal Information are very important to us. Please read this Privacy Policy carefully.

By 'Personal Information' we mean information relating to an identified or identifiable living individual. This is also referred to as 'personal data' under some laws.

Femometer is the controller of your Personal Information, i.e. we decide on the means and purposes of the processing of your Personal Information. You can contact us as set out in the 'Contact Us' section at the end of this Privacy Policy.

We collect and process information about you in various ways and from various sources when you use the Services. For example, you may provide Personal Information directly to us (or to vendors or other unaffiliated entities who may be acting on our behalf), or we may collect certain information about you automatically through your use of the Services.

You may provide information, such as the following categories of information, to us directly or to entities acting on our behalf.

Name. You may provide us with your full name, such as when you become a subscriber to the Services, log-into the Services, including through an integrated sign-in partner like Google Sign-In, request customer support, or inquire about the Services.

User Credentials. When you register for the App, you will be asked to provide credentials to allow you to access your account. These credentials may include a username and password, or the user ID associated with the mechanism you use to sign in to the Services (such as Facebook Login or Google Sign-In).

User Identifiers. We may assign you one or more unique numbers or other identifiers that we use to identify you in our internal systems and recognize you over time and across different devices.

Year of Birth. We ask you to provide your year of birth when you use the App so we can calculate your age.

Contact Information. You may provide us with your email address in connection with signing up for our newsletters, signing in with an integrated sign-on partner (such as Facebook Login or Google Sign-In), purchasing a product, or otherwise communicating with us. You may also provide us with your telephone number, such as when you request a 'text' message from us, reach out to customer support, send us an inquiry about our products or Services, or place an order.

Home or Shipping Address. You may provide your home or shipping address when you place a transaction, such as when you order a product, contact us about your order or make a return.

Payment Type. We receive your payment type when you place an order in the App or on the Site.

Information Regarding Your Health and Well Being. You may provide us with information about your health and well being when you use the Services and, in particular, when you enter information related to your fertility and cycles into the App, submit a question to Ask an Expert, or engage in a consultation chat. Such information may include the following:

- Menstrual Cycle Dates.
- Fertility test results & images of fertility tests, including ovulation, pregnancy, progesterone, and other fertility test results.
- Basal Body Temperature (BBT) readings and information, including BBT information that you input into the App via other apps (such as Apple HealthKit).
- Other Information Related to your Menstrual Cycle, Pregnancy and Health, such as average period length, user-recorded ovulation day, cervical mucus quality, cycle length, symptoms, menstrual flow, moods, pregnancy status, information about fetal movement, information about insemination, sexual behavior, assisted reproductive technology application, and cervical position.
- Medication Information, including name, type, and daily intake.
- Vitamins and Supplements, including name, type, and daily intake.
- Health Related Documents and Records, such as ultrasound records, blood tests, IUI sperm prep, semen analysis, LH tests, HCG tests, PDG tests, Fern tests, other fertility test results, and other test results, diagnosis, or treatment reports.
- Other Information About your Health and Activities, information regarding your sexual activity, weight, height, sleep hours, water and diet intake, mood performance, and physical activity levels.

User Content. We collect the data you submit when you contact customer support, submit responses to a survey, provide ratings or feedback for products, sign in to the Services using an integrated sign-in partner (such as Google), or otherwise engage with us, the In-App Community, Consultants or Experts. User content may include photographs, or audio or video recordings submitted by you in connection with a customer support request and may also include Health and Well Being Information as described above.

Some of the Personal Information requested from you is required in order for you to use our Services. If you do not wish to provide such Personal Information, you are not obligated to, but as a result, we may not be able to provide the particular Service to you. However, some of the Personal Information requested from you is optional. This means that you can elect not to provide it to us and you will still be able to use the Service.

We or the providers on which we rely may also collect information from you automatically when you use the Services. We may use cookies, software developments or other technologies to collect such information as set forth in the 'Cookies, Software Development Kits, and Other Technologies' section below. The information we collect automatically will depend on the Services you access and use and your engagement with them. It may include:

Technical Information. We may automatically collect information about your mobile device, computer or web browser, such as:

- Device Model
- Device Name
- Operating System
- Hardware Version
- File and Software Names and Types
- Connection Information including Browser Type, Language, and Time Zone
- CPU type
- Display height
- Screen size
- IP Address
- Referring URL
- Browser or Device Characteristics
- Operating System
- Language Preferences
- Country and General Location Information

Usage Information. We may automatically collect information regarding your interaction with our Services. For instance, we may collect the times you use the Sites and your engagement with the App, including any chatbots we may provide in the future. Such usage information may include the following:

- Details regarding how frequently and when you use the Services.
- Information regarding your interaction with the Services. This may include what pages you visit on our Sites, how long you spend on them, the links you click, features and portions of the App you interact with, and the actions you take within the App (such as when you upload a photo, log cycle data or make a purchase, or interact with its chatbot).
- Information regarding your interaction with our emails and messages. This may include whether you open the messages or click links within them or forward the messages.
- Information regarding App Performance. This may include data on crashes and App functionality.

We may use your information, including Personal Information, for various reasons depending on the information provided and your relationship with us. For instance, we may use your information in the following ways, or as otherwise disclosed to you:

To provide you with the Services. We use your information to provide you with the Services. For instance, we use your information to fulfill our contractual obligations to you, to facilitate your orders and transactions, and to establish, administer and manage your account.

We also use your Personal Information, including your Health and Well Being Information, to provide you with specific features of the Services that you request. For example, Consultants may view your Health and Well Being information when you request a Consultation and Experts will have access to such information when you submit a question to our customer service team. Similarly, when you Subscribe to a Membership and are eligible to obtain a Cycle Interpretation that is personalized to you, we and providers acting on our behalf will review your Health and Well Being Information and cycle tracking data to prepare a personalized report for you.

We also provide personalized data analysis and digital content for educational purposes.

Our lawful basis for processing your Personal Information for these purposes is the performance of our contract with you .

To Communicate With You. We may contact you via email, push notification or other means with critical user or service updates, with transactional messages, to inform you of technical issues or other information which is important to support the Services.

We may also contact you for purposes of customer engagement and support (including to receive feedback and comments from you about the Services and inquire about any features you would like to see in future versions).

We will contact you to send you marketing communications, ask for your satisfaction rate, or to offer you upgrades, promotions and additional products (our products or third parties' products) that you may be interested in.

Our lawful basis for processing your Personal Information for these purposes is the performance of our contract with you and/or our legitimate interests in providing you with such communications. You may opt-out of receiving non-service messages at any time by contacting us via email at help@femometer.com.

For analytics purposes. We may use your Personal Information to evaluate your usage, preferences, and trends for statistical and analytical purposes which we may use for marketing purposes, operations and product development. We may also use it to improve the user experience and customize, measure and improve our Services and content.

Our lawful basis is our legitimate interests in understanding, customizing and improving our Services.

To engage in marketing and advertising. We may use your Personal Information to market to you and for advertising purposes. This may include sending emails, text messages, push notifications, and in-app messages or other communications and marketing or advertising products, services, features, offers, promotions, sweepstakes, news, and events.

Our lawful basis is our legitimate interests in engaging in such marketing and advertising and to grow our business. You may opt-out of receiving non-service messages at any time by contacting us via email at help@femometer.com.

For compliance with law, to enforce our rights and manage our business. We may use your Personal Information to carry out our obligations, enforce our rights and manage our business, including to enforce the Terms of Service, EULA or any other agreement between you and us.

We may also use your Personal Information to prevent activity we determine to be potentially illegal or contrary to our terms of service, or as permitted or required by law, including for auditing, fraud and security monitoring purposes.

Our lawful basis is the performance of our contract with you and/or compliance with our legal obligations and/or our legitimate interests in managing our business and detecting and preventing illegal or impermissible activity and monitoring security.

We may disclose your information, including Personal Information, to unaffiliated entities or permit them to access your information. For example:

To provide the Services and operate and promote the Services. We employ or engage other companies and people to perform tasks on our behalf and we may need to share your Personal Information with them to provide the Services to you, to respond to your technical support questions, to provide customer support, to improve the user experience and/or to otherwise assist us with providing the Services. For example, when you place an order, details regarding the products to be included in your delivery will be provided to entities that fulfill shipments. We may also disclose your Personal Information to providers when we promote our business, including for marketing and advertising purposes, and to conduct audience engagement and analytics related to the Services.

With other users of the Services. We may share your Personal Information as described in the section regarding the 'In-App Community'.

To comply with legal requirements and enable protection of rights. We may disclose your Personal Information at the request of law enforcement or government agencies, in response to subpoenas, court orders, or other legal processes, or as otherwise required by any law, regulation or legal order that we are subject to.

We may also disclose your Personal Information to protect the rights, property, or safety of another person, to monitor for or prevent fraud, or to investigate or prevent your violation of any contractual or other relationships with us or your suspected illegal or unlawful activities.

As otherwise described to you or with your consent. We may disclose your Personal Information to unaffiliated entities as otherwise described to you or with your consent.

In connection with a business transaction. If Femometer or any of its affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved, including through merger, consolidation, sale or divestiture of assets, any information collected pursuant to this Privacy Policy, including Personal Information we may possess about you, may, in whole or in part, be sold, disposed of, transferred, divested, or otherwise disclosed as part of that transaction or proceeding.
You can withdraw your consent to ongoing data processing at any time by contacting our help email or deleting your account.

Specific entities, among others, with which we may share your information, including Personal Information, the information we share and the purposes for which we share it are set forth below.

- Vender name: Adjust
- Data shared: i) Data relating to device model, language and operating system;
- Purpose: i) To optimize our advertising strategy and provide more accurate ads and marketing communications to potential users;
- Vender's Privacy Policy: https://www.adjust.com/terms/privacy-policy/

- Vender name: Google
- Data shared: i) Payment and banking information; ii) Personal identifiers;
- Purpose: i) To collect and process payments for subscription to the App; ii) To send in-app notifications via Google FCM;
- Vender's Privacy Policy: https://policies.google.com/privacy

- Vender name: Stripe
- Data shared: i) Payment and banking information; ii) Personal identifiers;
- Purpose: i) Payment processing for Services;
- Vender's Privacy Policy: https://stripe.com/privacy

- Vender name: PayPal
- Data shared: i) Payment and banking information; ii) Personal identifiers;
- Purpose: i) Payment processing for Services;
- Vender's Privacy Policy: https://www.PayPal.com/uk/webapps/mpp/ua/privacy-full

- Vender name: AWS
- Data shared: i) All information you provide to us and that we collect about you;
- Purpose: i) To store your information when you use our Services;
- Vender's Privacy Policy: https://aws.amazon.com/privacy/

- Vender name: Facebook Login (Meta)
- Data shared: i) Fact of App launch if using Facebook to login ;
- Purpose: i) To permit login to Site via Facebook;
- Vender's Privacy Policy: https://en-gb.facebook.com/privacy/policy/

- Vender name: Apple ( Apple, Inc.)
- Data shared: i) Payment and banking information; ii) Personal identifiers; iii) Fact of App launch if using Apple ID to login;
- Purpose: i) To collect and process payments for subscription to the App; ii) To permit login to App via Apple ID;
- Vender's Privacy Policy: https://www.apple.com/legal/privacy/en-ww/

Each of the vendors listed above is permitted to use personal information shared (i) for purposes of providing the relevant services; (ii) to comply with applicable law, regulation, or legal process; and (iii) to detect, prevent, or mitigate fraud or security vulnerabilities. Stripe may also use certain data to analyze and develop its services or as otherwise indicated in their respective terms of use and/or privacy policies. Each of the vendors listed above may be permitted to transfer information to other parties, such as to subcontractors who are engaged to assist in providing the contracted for services. Femometer reviews the privacy policies and terms of service (or other relevant contractual provisions) for each vendor to assess their privacy and information security practices.

When you share and communicate using our community features in the App, you select the audience for the post. If you select the 'Public' option for your audience, anyone who has joined the App community platform can also view it.

This includes your username and any content you share as a post, comment, or question within the App community. Public information can also be seen, accessed, reshared, or downloaded through third-party services such as search engines, APIs, and by other services that integrate with our Services.

You should carefully consider what you choose to share on the App community platform because people who can see your activity on our Services can choose to share it with others on and off our Services platform, including people and businesses outside the audience you shared with. For example, when you share a post with specific friends or accounts, they can download, screenshot, or reshare that content to others across or off our Services, in person or in virtual reality experiences. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content.

Other users can also use our Services to create and share content about you with the community. If you are uncomfortable with what others have shared in our Services, you can report the content to our administrators by contacting us at help@femometer.com.

When you use the Services, we and our vendors may use cookies or similar technologies (such as software development kits (SDKs)) to collect or receive certain information about your use of the Services. Some of these technologies that we use are 'strictly necessary' or 'required' for the Services to function. We also use analytics tools, such as to help us measure traffic and usage trends for the Services. Such analytics tools may provide data, such as information about your engagement with the Services which may be used to provide content, analysis or functionality or to measure and analyze engagement with the Services.

Your Choices. Most browsers and devices are configured to accept cookies and similar tracking technologies automatically. You may be able to set your browser and device options so to limit such technologies. Choices are typically device and browser specific. Please see https://allaboutcookies.org/how-to-manage-cookies for additional information.

We will retain your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. To determine the appropriate retention period for your Personal Information, we will consider the amount, nature, and sensitivity of the Personal Information, the potential risk from unauthorized use or disclosure, the purposes for which we process Personal Information and whether we can achieve those purposes through other means, and applicable legal requirements.

If you choose to delete the App from your device (note that deletion of the App does not mean that your account is deleted – please contact us at help@femometer.com if you wish to delete your account) or your account becomes inactive, we will retain your Personal Information for a period of five (5) years in case you decide to re-activate the Services or re-install the App. We have determined that this retention period is appropriate taking into account the factors described above and based on our experience with our App users, in order to secure your smooth experience with our App functions.

You may delete your account and erase your Personal Information at any time in our App or contact us at help@femometer.com. Please note that if you choose to do this, your Personal Information will not be recoverable should you later create another account.

Please note that, in all cases, we may need to retain Personal Information for a longer period where we are subject to legal or regulatory requirements to do so.

We believe that the largest threat to security and privacy is that someone could get your device and account information. You can help keep your Personal Information secure by properly selecting and protecting passwords, not sharing passwords with others, and preventing others from using your mobile device, laptop or other devices that can access the Services.

Although the Services may contain links to other websites or services, we are not responsible for the privacy policies and/or practices on those websites or services. The information practices of those websites or services are not covered by this Privacy Policy. You should read the privacy policy stated on that website or service before sharing your Personal Information with any websites or services. We are not responsible for the privacy policies or other sites and encourage you to read their privacy policies.

United States. Children are not eligible to use the Services and we ask that people under the age of 13 do not submit any Personal Information to us. If you are aware of anyone under 13 using the Services, please contact us at help@femometer.com and we will take the required steps to delete their Personal Information and (or) delete their account.

European Economic Area, United Kingdom and California. You must be at least 16 years old to use the Services. If you are aware of anyone younger than 16 using the Services, please contact us at help@femometer.com and we will take steps to delete their Personal Information and (or) delete their account.

Your Choices. If you wish to withdraw your consent for us to contact you to send you marketing or commercial communications, you may contact us via email at help@femometer.com.

You may have rights in relation to your Personal Information, including the right to delete your Personal Information (subject to certain limitations); access the Personal Information you enter into the Services; and ask us about what kind of Personal Information we have about you. These rights may depend on the country and state of your residence.

Please contact us at help@femometer.com for additional information.

For individuals in the European Economic Area ('EEA') or United Kingdom ('UK'), please see 'General Data Protection Regulation ('GDPR')' below.

For individuals who are California residents, please see 'Your California Privacy Rights' below.

General Data Protection Regulation ('GDPR')

If you are in the EEA or UK, you have certain rights regarding the Personal Data we have about you that you can exercise in certain circumstances. The GDPR defines 'Personal Data' as any information which is related to an identified or identifiable natural person. These rights are to:

- Access the Personal Data we have about you.
- Correct the Personal Data we have about you.
- Restrict the processing of your Personal Data
- Have your Personal Data deleted (i.e., the 'right to be forgotten')
- Object to the processing of your Personal Data
- Not be subject to automated decision-making.
- Take your Personal Data somewhere else (i.e., the right to portability)

Digital Markets Act (DMA)

In accordance with the requirements of the Digital Markets Act (DMA), if you are located in the European Economic Area (including EU member states, Switzerland, Norway, Iceland, and Slovenia), by agreeing to this privacy policy, you consent to the following provisions:

- You consent to receive personalized advertisements, including those delivered through Google Ads and/or Google Marketing Platform.
- You allow us to use your advertiser ID for attribution and related purposes.

Where you have provided your consent to the processing of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. However, please note that if you withdraw your consent, we may no longer be able to provide you with our Services. You may contact us at help@femometer.com to make any of these requests. We may require you to provide proof of your identity before we are able to fully review your request. Please note that, where we determine that we can grant your request, we will do so as soon as possible, but it may take us more time in some cases, for example for full erasure of your Personal Data stored in our backup systems. There may be situations where we are not required to comply with your request and we will let you know if one of those situations arises.

Our lawful basis for processing your Personal Data is typically going to be your consent, but we also may process your Personal Data because of a legal obligation, performance of a contract with you, or because we have a legitimate interest in doing so.

We use intelligent algorithms that provide certain App functions, such as predictions of your cycle and ovulation day. The more Personal Data about your cycle, ovulation tests, and BBT that our intelligence algorithm can work with, the better predictions you get from the algorithm.

We hope that you don't ever have an issue with the way that we handle your Personal Data, but if you do, contact us at help@femometer.com to let us know so that we can make it right. If you're ever not happy with the way that we handle your request, you can file a complaint with your local supervisory authority.

Your California Privacy Rights

If you are a resident of California, you may have certain rights under the California Consumer Privacy Act ('CCPA').

Right to Know. You may have the right to know how we have collected, used and disclosed your Personal Information. Specifically, you may have the right to know:

- The categories of Personal Information we have collected about you.
- The categories of sources from which we have collected your Personal Information.
- The business or commercial purpose for which we collect, sell or share your Personal Information.
- The categories of third parties to whom we have disclosed your Personal Information.
- The categories of Personal Information that we have sold or shared about you and the categories of third parties to whom it was sold or shared.
- The categories of Personal Information we have disclosed about you for a business purpose and the categories of persons to whom we have disclosed it.

In addition, you may have the right to know the specific pieces of Personal Information we have collected about you. Subject to certain limitations, you may request that we provide this information dating back to January 1, 2022.

Right to Make a Deletion Request. You may have the right to request that we delete your Personal Information that we have collected or received. Subject to certain exceptions, we must delete your Personal Information and direct our vendor to delete your Personal Information.

Right to Correct Inaccurate Personal Information. You may have the right to request that we correct inaccurate Personal Information about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.

Right to Opt-Out of Sales of Personal Information. You may have the right to opt-out of the sale of your Personal Information.

Right to Opt-Out of Sharing of Personal Information. You may have the right to opt-out of us sharing your personal information for cross-context behavioral advertising purposes.

Right to Limit Use and Disclosure of Sensitive Personal Information. Subject to certain exceptions, you may have the right to limit our use and disclosure of your sensitive personal information.

Right to Non-Discrimination. You have the right not to be discriminated against by us for choosing to exercise your rights under the CCPA.

How to Exercise Your California Privacy Rights. You may email us at help@femometer.com with 'CCPA Privacy Rights' in the subject line and in the body of your message to exercise these rights.

Shine the Light. If you are a California resident who provides Personal Information in obtaining products or services for personal, family or household use, California Civil Code Section 1798.83 ('Shine the Light Law') permits you to request in writing and obtain from us, once per calendar year, data about the Personal Information we shared, if any, with other third parties for their own direct marketing purposes. To make such a request, please contact us at help@femometer.com and write 'Shine the Light - Request for California Privacy Information' for the subject of your message. We will send you a reply email within 30 days containing the requested information once we confirm your request. Not all the shared Personal Information is covered by the Shine the Light Law requirements and therefore only Personal Information which is covered will be included in our response.

We may update this Privacy Policy periodically. We will post the changes to this policy online on our Sites and in our App and update the 'Last Updated' date at the top of the Privacy Policy. We encourage you to review our Privacy Policy to stay informed. If you disagree with the changes to this Privacy Policy, you should discontinue your use of the Services. By accessing and/or using the Services, you agree that we may collect, process, and share your information (including Personal Information) consistent with this Privacy Policy.

Any questions in respect of this Privacy Policy or other questions should be sent to the following email address: help@femometer.com.

Femometer has appointed a Data Protection Officer. If you have any questions or concerns regarding the protection of your personal data, please email the Data Protection Officer at dpo@femometer.com.

If you would like to: access, correct, amend, or delete any Personal Information we have about you, register a complaint, or simply want more information, contact us at help@femometer.com.