Consumer Health Data Privacy Policy

Last Updated: January 20, 2025

This Femometer Consumer Health Data Privacy Policy ("Consumer Health Data Privacy Policy") is delivered on behalf of Femometer Inc and our relevant affiliates (collectively, "Femometer," "femometer," "we," "us," "our") and is only applicable to Washington and Nevada resident consumers who interact with us in an individual or household capacity ("you").  This Consumer Health Data Privacy Policy supplements the information contained in our Privacy Policy ("Privacy Policy") and applies to "consumer health data" subject to the My Health My Data Act ("MHMDA") in Washington and Nevada’s Consumer Health Data Privacy law ("NV CHDP").

Scope

This Consumer Health Data Privacy Policy covers Consumer Health Data collected from or processed about you when you use our websites, www.femometer.com and and the Femometer mobile application ("App") (the Sites and App together are called the "Services").

Categories of Consumer Health Data We May Collect

Depending on your interactions with us, the choices you make, and the Services you use, we may collect personal information that may be considered Consumer Health Data, such as:

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. Such information may include the following:

-Menstrual Cycle Dates, including menstrual cycle information that you input into the App via other apps (such as Apple HealthKit).

-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, 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, HSG tests, Fern test, 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, heart rate, heart rate variability, respiratory rate, step count, calories burned, stress level, blood oxygen level 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 and Group Chat, Ask AI the Premom chat tool, 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.

Information We Collect Automatically. We or providers on which we rely may also collect information from you automatically when you use the Services. We may use cookies, software development kits, or other technologies to collect such information as set forth in the "Cookies, Software Development Kits, and Other Technologies" section of our Privacy Policy. The information we collect automatically will depend on the Services you access and use and your engagement with them. It may include:

-Technical information. For example, we may automatically collect information about your mobile device, computer, Bluetooth basal thermometer device or web browser, such as IP Address, Browser or Device Characteristics, 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.

-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.

How We Use Consumer Health Data

Depending on the information provided and your relationship with us, we may use Consumer Health Data, such as described above, for the following purposes:

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.

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 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 may 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.

For analytics purposes. We may use your 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.

To engage in marketing and advertising. We may use your 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.

For compliance with law, to enforce our rights and manage our business. We may use your 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 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.

Categories of Consumer Health Data We Share

We may share each category of Consumer Health Data that we collect as set forth in "Consumer Health Data We Collect" above.

Third Parties With Whom We Share Consumer Health Data

We may share Consumer Health Data with "third parties" under the MHMDA and the NV CHDP, such as:

Other users of the Services. We may share your information as described in the section regarding the "In-App Community " in our Privacy Policy.

Other entities or persons to comply with legal requirements and enable protection of rights. We may disclose 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.

Other entities or persons 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.

Other entities or persons as otherwise described to you or with your consent. We may disclose information to unaffiliated entities or people as otherwise described to you or with your consent.

Other entities or persons 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 our Privacy Policy and this Consumer Health Data Privacy Policy, may, in whole or in part, be sold, disposed of, transferred, divested, or otherwise disclosed as part of that transaction or proceeding.

Your Privacy Rights & How To Exercise These Rights

If you are a resident of Washington, you may have the right to (i) request access to and confirm processing of your Consumer Health Data, (ii) confirm whether we have disclosed or sold your Consumer Health Data, (iii) delete your consumer health data, subject to certain exceptions, and (iv) withdraw your consent or authorization relating to such data. If you wish to exercise such rights, please submit a request to us by contacting us at help@femometer.com.

If you are a resident of Nevada, you may have the right to (i) request access to and confirm processing of your Consumer Health Data, (ii) confirm whether we have disclosed or sold your Consumer Health Data, (iii) delete your consumer health data, subject to certain exceptions, (iv) withdraw your consent or authorization relating to such data, and (v) request to review or revise your Consumer Health Data. If you wish to exercise such rights, please submit a request to us by contacting us at help@femometer.com.

If your request to exercise a right you may have is denied, you may appeal that decision by contacting our Data Protection Officer at dpo@femometer.com. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint or the Nevada State Attorney General at https://ag.nv.gov/Complaints/File_Complaint/

Changes to this Consumer Health Data Privacy Policy

We may update this policy periodically. We will post the changes to this policy online on our Site and in our App and update the "Last Updated" date at the top of this policy. We encourage you to review this privacy Policy to stay informed. If you disagree with the changes to this 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 consistent with this policy.