Privacy Policy

Last updated: March, 2024

This privacy policy (“Privacy Policy”) describes Our policies and procedures on the collection, use and disclosure of Your Personal Data and Your rights, choices and options as it relates to Your Personal Data that we collect through Your use of Our Website.

This Privacy Policy is only applicable to the Website, and not to any other websites or applications that You may be able to access from the Website, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. By using the Website and participating in Our Web Service, You explicitly agree to the terms of this Privacy Policy. If You do not agree with this Privacy Policy, You must cease all use of Our Website and Web Service and any interaction with any other aspect of Our business immediately.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following definitions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

“Account” means a unique account created for You to access Our Web Service or parts of Our Web Service.
“Company”, “We”, “Us” or “Our” refers to Sperm Bank Inc or Fertility Center of California, a California corporation (collectively with its affiliates, successors and assigns, and any officer, director, employee, agent or Service Provider of Sperm Bank Inc.).
“Cookies” are small files that are placed on Your Device by a website, containing the details of Your browsing history on that website among its many uses.
“Customers” are Users who have created an account on Our Website and utilizes, purchases or subscribes to Our fertility related products and services.
“Donors” are Users who have applied or been chosen to become a sperm donor with Us.
“Device” means any device that can access the Web Service such as a computer, a cellphone or a digital tablet.
“Personal Data” is any information that relates to an identified or identifiable individual.
“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Web Service, to provide the Web Service on behalf of the Company, to perform services related to the Web Service or to assist the Company in analyzing how the Web Service is used.
“Usage Data” refers to data collected automatically, either generated by the use of the Web Service or from the Web Service infrastructure itself (for example, the duration of a page visit).
“Web Service” refers to any services We offer directly through the use of the Website, including without limitation signing up for an Account, offering information through Our Website, providing You access to Our Donor database, submitting an application to become a Donor and contacting Us through Our Website.
“Website” refers the Company website from www.spermbankcalifornia.com and any of its subpages.
“You”, “Your” or “User” means the individual accessing or using the Web Service or otherwise interacting with us, or the company, or other legal entity on behalf of which such individual is accessing or using the Web Service or otherwise interacting with us, as applicable.

Where This Policy Applies

We offer a range of products and services, including without limitation, Our Donor semen services, fertility preservation and reproductive services, and processing, cryogenic preservation, and biostorage services described in the Website. This Privacy Policy only applies to the Personal Data collected in connection with Your use of the Website and Our Web Services. This Privacy Policy must be read along with Our Terms of Use and any user agreement or other agreement or contract that are relevant to the products and services that We offer, including without limitation Our Agreement for Using Donor Sperm, Reproductive Material Cryostorage Agreement, and/or Tank Rental Agreement (such agreements will be considered a “Service Agreement”). If any written content on Our Website conflict with the terms of this Privacy Policy, the terms of this Privacy Policy shall control. If the terms of this Privacy Policy conflicts with the terms of a Service Agreement, the terms of the Service Agreement shall control.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Web Service, We may ask You to provide Us with certain Personal Data that can be used to contact or identify You. Personal Data may include, but is not limited to:

Identifiers – For example, Your first and last name, alias, account name, online identifier, social media handles, Internet Protocol Address, email address, postal address, phone number, birth date, or other similar identifiers. Our web servers automatically collect unique identifiers that can be used to recognize You or Your Device, including without limitation Your domain name, pixel tags, or other device and mobile identifiers or similar technology.
Sensitive Personal Information – For example, Your social security, driver’s license, state identification card, or passport number, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, the contents of Your mail, emails and text messages, genetic data, and information regarding Your health, sex life or sexual orientation.
Characteristics of Protected Classifications Under California or U.S. Law – For example, Your gender, sexual orientation, race, religion or ethnic requirements.
Payment Data – For example, with respect to Customers, Your credit card information, billing address, or any financial information You provide in connection to Your use or purchase of any products or services offered by Us, and with respect to Donors, Your direct deposit information, checking information, or other information on how You would like Your payments to be processed.
Commercial Information - For example, with respect to Customers, Our products and services You purchased, obtained, or considered, the subscription levels You subscribed too, and Your other purchasing or consuming histories or tendencies, and with respect to Donors, the amount of times You donated and sold sperm to Us.
Biometric Information – For example, with respect to Donors, Your physiological or biological characteristics, including information pertaining to an individual’s DNA, genetic history, extended genetic testing report, iris, eye color, hair color, height, weight, face images, and voice recordings or other data that contain identifying information and with respect to Customers. Customers may also voluntarily provide such information on their Accounts.
Internet or Other Electronic Network Activity Information – For example, Your browsing history, search history, and any other information regarding Your interaction with Our Web Service, products, services, Donor database, advertisements, or third party applications.
Geolocation Data – For example, any information that can help identify Your physical location like Your GPS coordinates or the approximate location of Your Device.
Sensory Information – For example, audio, electronic, visual or other similar recordings, including without limitation Your voice may be recorded when You call customer service and/or leave a voicemail to us. For Donors, we may record Your voice to share with Customers or upload a picture of You to Your Donor profile on Our Website.
Professional or Employment-Related Information – For example, with respect to Donors, Your employer, title and other work-related information You provide to Us. Customers may also be able to provide such information on their Accounts.
Non-Public Education Information – For example, with respect to Donors, Your education records directly maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Other Categories of Personal Data That Relates to or is Reasonably Capable of Being Associated With You - For example, Your testimonials and messages You send Us via emails, chat features, social media websites, networks, or other services that host user-generated content (e.g., Your comments to Our Instagram or Facebook posts or when You tag or otherwise link Us in Your social media posts), Your interests and hobbies, how You heard about Us, and other information that relates to or is reasonably capable of being associated with You and Your information. With respect to Customers, we may collect Your search history on Our Website indicating Your Donor preferences.
Data About Others – For example, Personal Data of family members, friends or individuals you designate for us to contact in emergencies or refer to Us. Please do not share Personal Data of other individuals with Us unless You have their permission or are otherwise authorized to do so. With respect to Customers, we may require that You provide us with details of successful live births, which may include information of Your children such as their names, date of birth, any major medical or genetic history information of Your children and other physical, mental and/or behavioral characteristics of Your child/children.
Medical and Genetic Information – For example, with respect to Donors, Our screening process will require You provide us with in depth details about Your medical history, genetic history and mutations, mental or physical defects or diseases, screening for infectious diseases, pre-existing conditions, information about Your reproductive materials, and other health related or demographic information that may identify You and that relates to Your past, present or future physical or mental health or condition and related health care services. For Customers, we may collect live birth reports, fertility treatments, pregnancy history, pre-existing conditions, information about Your reproductive materials, and other health related or demographic information that may identify You. For more information regarding how We collect, use and disclose Your medical and genetic information and how You can get access to this information, please review Our Notice of Privacy Practices.

Usage Data

Usage Data is collected automatically when using Our Web Service.

Usage Data may include without limitation information such as Your Device’s internet protocol address (e.g. IP address), browser type, browser version, the pages of Our Website that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access Our Web Service by or through Your Device, We may collect certain information automatically, including, but not limited to, the type of Device You use, Your Device unique ID, the IP address of Your Device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit Our Web Service or when You access Our Web Service by or through Your Device.

How We Collect Your Personal Data.

While using Our Web Service, We may ask You to provide Us with certain Personal Data that can be used in connection with Your use of Our Website, Web Service or the products or other services We offer. We may also collect Your Personal Data from third parties. Some specific ways We collect Personal Data include, without limitation, when You:

Create an Account on Our Website.
Apply to become a Donor.
Subscribe to view and gain more access to Our Donor database or to be added to our email or mailing list.
Purchase, return or cancel Our products and services.
Enter into Service Agreements with us and any other ancillary
Browse Our Website through the use of Cookies and other tracking technologies.
Voluntarily schedule a consultation meeting or send Us messages or other content regarding Our products and services.
Voluntarily disclose Personal Data to Us or Our Service Providers or vendors.
Comment or provide any type of content on Our Web Service, chat features, or social media posts hosted by third-party platforms.
Tag or otherwise link Us on Your social media posts.
Interact with other third parties (e.g., Our Service Providers) and provide Your consent for them to share Your Personal Data with us.
With respect to Donors, when You participate in Our genetic testing, screening, and quarantining protocols and procedures.
From other Customers or Donors.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track Your activity during Your use of Our Web Service and Website and to store certain Personal Data. Tracking technologies used are tags, and scripts to collect and track information and to improve and analyze Our Website and Web Service.

A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of Our Web Service. Unless You have adjusted Your browser setting so that it will refuse Cookies, Our Web Service may use Cookies.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your Device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
- Type: Session Cookies
- Administered by: Us
- Purpose: These Cookies are essential to provide You with Our Web Service available through the Website and to enable You to use some of its features. They help to authenticate Users and prevent fraudulent use of Your Accounts. Without these Cookies, Our Web Service that You have asked for cannot be provided, and We only use these Cookies to provide You with Our Web Service.
Cookies Policy / Notice Acceptance Cookies
- Type: Persistent Cookies
- Administered by: Us
- Purpose: These Cookies identify if Users have accepted the use of Cookies on the Website.
Functionality Cookies
- Type: Persistent Cookies
- Administered by: Us
- Purpose: These Cookies allow Us to remember choices You make when You use the Website, such as remembering Your login details, language preference or Your favorite search criteria on Our Donor database. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter Your preferences every time You use the Website.

For more information about the Cookies We use and Your choices regarding Cookies, please visit Our Cookies Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To Provide and Maintain Our Web Service and Website: This includes to monitor the usage of Our Website and Web Service.
To Register and Manage Your Account: This includes to process Your registration request for an Account and to save data regarding Your preferences as it relates to Your use of Our Web Service to help improve Your user-experience with Our Web Service and Website. The Personal Data You provide can give You access to different functionalities of Our Web Service that are available to You as a registered User.
To Register and Maintain Donor Information Applications and Donor Database: If You would like to be a Donor, We may ask You to fill out Our questionnaires and provide us with certain Personal Data. You acknowledge that we may post such Personal Data on our Donor database for Our Users and Customers to browse. By becoming a Donor You acknowledge that the Company will be selling certain details of Your Personal Data to Users and Customers. Certain features of Our Donor database can only be accessed if You create an Account and purchase Our products and services.
For the Performance of a Service Agreement: This includes the development, compliance and undertaking of any Service Agreement between You and the Company, including without limitation any purchase contracts for the products, items or services We offer.
To Contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To Provide You with Products, Services or Other Product and Service Offerings: We may provide You with news, special offers and general information about other goods, events and Our Web Service which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.
To Manage Your Requests: To attend and manage Your requests to Us.
For Business Transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about Our Users is among the assets transferred.
For Other Purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve Our Web Service, products, services, marketing and Your experience.

We may share Your Personal Data in the following situations:

With Service Providers: We may share Your Personal Data with Service Providers to monitor and analyze the use of Our Web Service and to help perform Our obligations under any Service Agreement
With Our Vendors: We may share Your Personal Data with Our vendors who assist Us in providing you with Our products and services. For example, we may share Your personal address with UPS to help ship vials of semen which You have ordered. Additionally We may share Your payment information with Stripe who assists Us in processing payments. Some of Our Vendors may directly record, store and process Your Personal Data for Us.
With Customers: If You become a Donor We may share certain details of Your Personal Data with Our Customers. This includes without limitation through the distribution of Our Donor catalogs, Donor database, Donor questionnaires, and notifications of any material updates and changes to Your medical and genetic history and screening reports.
For Business Transfers: We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
For Core Business Functions: We may disclose Your Personal Data to third parties that help support Our core business functions, including without limitation: to maintain records related to business process management, loss, and fraud prevention; to collect amounts owing to us; to provide and maintain the functionality of Our Website, including identifying and repairing errors or problems; to audit business records, finances and security protocols, and other
With Affiliates: We may share Your information with Our affiliates, in which case We will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With Business Partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With Other Users: when You share Personal Data or otherwise interact in the public areas with other Users, such information may be viewed by all Users and may be publicly distributed outside.
With Your Consent: We may disclose Your Personal Data for any other purpose with Your consent. For example, if You are a Donor, You acknowledge that offspring at the age of 18 years may request to obtain information about their Donor and You authorize Us to share such information to the offspring if requested.
With Law Enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
In Good Faith to Meet Our Legal Obligations and to Prevent Harm: The Company may also disclose Your Personal Data in its good faith belief that such action is necessary to comply with a legal obligation, to protect and defend the rights or property of the Company, its Users, Customers, Donors, employees, or others, to prevent or investigate possible wrongdoing in connection with Our products, services and Website, to protect the personal safety of its Users, Customers, Donors, employees, or the public at large at Our sole discretion and to protect Us against legal liability.

Behavioral Remarketing.

We may use remarketing services to advertise on third party websites to You after You visited Our Web Service. We, and Our third party remarketing service vendors, may use Cookies to inform, optimize and serve ads based on Your past visits to Our Web Service.

You can opt-out of tracking for targeted advertising purposes or other sales or sharing of Personal Data captured by cookies by notifying [email protected].

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

IF YOU ARE A USER ACCESSING OUR SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF OUR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL DATA TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL DATA MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL DATA MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with Our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies. For the avoidance of doubt, You acknowledge that We may retain certain aspects of Your Personal Data for an indefinite period of time in order for Us to properly monitor, track and maintain our medical and genetic screening of any sperm which Donor’s donate, which may include without limitation specific physical, mental and behavioral characteristics of Customer’s child/children from the date of birth and during their adulthood.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Web Service, or We are legally obligated to retain this data for longer time periods.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security but follow HIPAA regulations and guidelines.

Your Choices Over How Your Information is Used.

In this section, We describe the rights and choices available to all Users.

Review and Update Your Account Information - If You registered for an Account with us, You may review, update, or delete certain Personal Data in Your Account by logging into Your Account and editing Your profile and Account information.
Delete Your Personal Data - You may update, amend, or delete Your information at any time by signing in to Your Account, if You have one, and visiting the Account settings section that allows You to manage certain Personal Data. You may also contact Us to request access to, correct, or delete any Personal Data that You have provided to Us. Please note, however, that We may need to retain certain information when We have a legal obligation or lawful basis to do so.
Opt Out of Marketing Communications - You may opt out of Our newsletters and marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of Our emails. You may continue to receive service-related and other non-marketing emails (e.g., confirmation emails regarding Your online orders).
Cookies – As noted above, most browsers let You remove and/or stop accepting Cookies from the websites You visit. To do this, follow the instructions in Your browser’s settings. You can also opt-out of tracking for targeted advertising purposes or other sales or sharing of Personal Data captured removing your cookie. Note that disabling Cookies and/or other tracking tools may prevent Company or its Service Providers from providing You with certain features of Our Website and Web Service.
Advertising Choices - Your Device settings may provide functionality to limit use of advertising ID associated with Your Device for interest-based advertising purposes. Additionally, You can manage third-party advertising preferences for some of the third parties We work with as further discussed in the section entitled “Behavioral Remarketing.”
Do-Not-Track - Some Internet browsers may be configured to send “Do Not Track” signals to the online services that You visit. We support “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit allaboutdnt.com.
Choosing Not to Share Your Personal Data – You may elect not to share certain Personal Data to us. If You do not provide certain Personal Data that We need to provide you with Our Web Service and products, We may not be able to provide You with Our products or other services or provide You access to certain features of Our Web Service. For example, if You do not provide Us with certain Personal Data to open an Account then You will not be able to access certain features of our Donor database.
Third Party Platforms or Social Media Networks - We encourage You to review Your privacy options and settings of third party platforms that You use in connection with Our Web Service, including without limitation social media platforms and networks. We recommend You understand what choices You have about sharing information from those platforms and networks with Us.

Children's Privacy

Our Web Service does not directly collect information from individuals under the age of 13 without first obtaining the prior written consent and permission from such child’s guardian. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data without Your prior written consent, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of guardian consent, We will take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a guardian, We may require Your guardian’s consent before We collect and use that information.

Links to Other Websites

Our Web Service may contain links to other websites, software, or applications that are not operated, owned or controlled by Us, and this Privacy Policy does not apply to such websites, software, or applications or the use of any data by such websites, software, or applications. If You click on a third party link, You will be directed to that third party’s websites, software, or applications. Should You decide to navigate to any websites, software, or application or webpages external to Our Website, You do so entirely at Your own risk. We are not responsible for the actions, privacy, security, or content of such third-party websites, software and applications. If You are asked to provide information on one of these websites, software, and applications, We strongly advise You to review the privacy policy of every websites, software, or applications You use or visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services such as UPS or Federal Express, etc.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Web Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page