Supercharge Your Swimmers App Privacy Policy

THIS PRIVACY POLICY AND NOTICE (“NOTICE”) DESCRIBES HOW PERSONAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice is being provided to you by Swimmers, a subsidiary of Flatiron Labs, Inc. a company incorporated in Texas ("Swimmers", "us", "we" or "our"). We operate this Supercharge Your Swimmers mobile application and site (collectively, the “App”). The App enables you to participate in an evaluation and, based on your responses, receive personalized recommendations to optimize your sperm quality and reproductive potential (the “Service”). The Service does not constitute medical advice and Swimmers does not provide health care services.

This Notice applies to your use of the App and the Service. This Notice provides you with information about our practices with respect to the privacy of your personal information.  This Notice also discusses the uses and disclosures we may make with respect to your personal information. This Notice also describes the risks of using electronic communications and electronic storage of your personal information. We reserve the right to change the terms of this Notice from time to time and to make the revised Notice effective for all personal information we maintain.  

  1. What information do we collect about you?

We collect the following personal information about you: Name, Email address, Age, Partner’s Age, previous and current behaviors, treatments, experiences, and procedures that could be related to fertility, and your intentions for assessing your fertility as well as your partners.

We will indicate if the collection and provision of certain categories of personal information is mandatory. For any such categories, we may not be able to provide you with access to the Service if you do not provide us with the required information.

Please see below for more details on the types of personal information that we may collect from you.

When you create a Swimmers account

When you create a Swimmers account, we ask for some personal information, including your name, email address.

When you use the App

We collect the following personal information about you: Name, Email address, Age, Partner’s Age, previous and current behaviors, treatments, experiences, and procedures that could be related to fertility, and your intentions for assessing your fertility as well as your partners.

When you contact us for help

Whenever you contact Swimmers for help, we collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the Service.

  1. How we use your personal information

We use your personal information for the following purposes:

 

In addition, we may use some of your anonymized and de-identified data to (i) research, understand and improve the Service; (ii) troubleshoot the Service; and (iii) detect and protect against error, fraud or other criminal activity and to protect the security or integrity of the Service.  We may also use and disclose your aggregated, de-identified data with partners and the public in a variety of ways, such as by providing medical or health-related research or reports. If we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you.

  1. Retention of your personal information

Your personal information is retained indefinitely.

  1. Access to your personal information

We apply various administrative, technical and physical safeguards to ensure the privacy and security of your personal information including utilizing a HIPAA-compliant bot.

Deletion of your account with us will not automatically delete the personal information held about you. If you would like to request that we delete all personal information together with the deletion of your account, please contact us at support@swimmers.co. Please note that the deletion of your PHI from our database will result in us not being able to provide you with the Service.

  1. Storage and security of your personal information

We will maintain the security of your personal information and protect it from misuse, interference and loss and against unauthorized collection, copying, access, modification or disclosure. We will destroy any personal information  we hold about you which is no longer required under the terms of this Notice.  Where you have chosen a password to access the Service, you are responsible for keeping your password confidential. Do not share your password with anyone.

Due to the nature of the internet, we do not provide any guarantee or warranty regarding the security of your personal information during transmission to or storage by us and you acknowledge that you disclose your personal information to us at your own risk. Please contact us immediately if you become aware or have reason to believe there has been any unauthorized use of your personal information in connection with the Service.

The personal information you provide to us may be transferred to and stored with a cloud service provider with servers that are located in various jurisdictions. Some of these countries may not have the same or substantially similar privacy laws than those of your home jurisdiction. In those circumstances, Swimmers will ensure that recipients in those countries will provide you with a standard of protection that is at least comparable to the protection of your home jurisdiction.

  1. Risks Associated with Electronic Communications and the Storing of Your Personal Information Electronically

We understand the importance of protecting your personal information and take our security obligations seriously. We take a number of steps to safeguard the privacy and security of your personal information. However, any device or application connected to the Internet is susceptible to a security breach, despite the level of administrative, technical, and physical safeguards employed. This means that there is a risk that unauthorized persons may be able to access and read your personal information. By using the Services, you agree that you have read, understand, and accept this risk.

  1. Cookie Policy

Some of the information that we collect will not personally identify you but will instead track your use of the Service so that we can better understand how the Service is used by end users and in turn enhance and improve your experience in using the Service. This information can be obtained through the use of cookies. Cookies are a small data file transferred to your device that recognises and identifies your device and allows your device to 'remember' information from the App for future use. We may collect technical information from your mobile device, for example, location data and certain characteristics of, and performance data about your device, carrier/operating system including device and connection type and IP address. Unless you have elected to remain anonymous through your device and/or the web browser, the abovementioned information may be collected and used by us automatically through your use of the Service.

You have a number of options to control or limit how we and our partners use cookies and similar technologies, including for advertising.

  1. Changes to our Privacy Policy/Notice

Swimmers reserves the right to amend all or any part of this Notice.  Any changes will be communicated to you through the App and/or, where appropriate, through e-mail notification. Your continued use of the Service with us after any such changes are communicated to you constitutes your agreement to this Notice as amended.

  1. Other Apps

The App may have links to other apps or websites. We are not responsible for the security or privacy of any information collected by such apps or websites and, while we do not permit those apps or websites to track your use of the Service, we are unable to control whether such tracking mechanisms are implemented by those apps or websites. You should exercise caution and review the privacy statements applicable to the third-party websites and services you use. The use of online tracking mechanism by those third-party websites and services is subject to those third parties' own privacy policies, and not this Notice.

 

  1. Effect of Notice

This Notice applies in conjunction with any other policies, notices, contractual clauses and consent statements that apply in relation to the collection, use and disclosure of your personal information by us.

  1. Contact Us

All comments, queries and requests relating to our use of your personal information are welcomed and should be addressed to our Privacy Officer at support@swimmers.co. If you believe that your privacy rights have been violated, please contact us support@swimmers.co.

 

This Notice is effective as of January 20, 2020