Privacy Policy

This Privacy Policy explains how Colorimetrix Inc process your personal data when you use the Sites, the App, buy Products from our Shop, or in general access our Services. By disclosing your personal information to Us by using our App, Sites, or Shop, collectively our Products and Services and/or by communicating with Us, you consent to the collection, storage and processing of your personal information as stated in this Privacy Policy. By using and/or accessing our Services and/or Products you explicitly confirm that you understand and agree with our Privacy Policy.

Definitions used in this Privacy Policy:

  • App:
    • means the Pearl Fertility App as available for download from the App Store and its Software.
  • Product:
    • means the Pearl Fertility Box as available for purchase on our Sites or any other non-digital Product purchased from our Sites or the App Store.
  • Service:
    • means the use of the App and our Sites
  • Sites:
    • means www.pearl-fertility.com, www.colorimetrix.com, all subdomains at these domains, and social media channels – youtube.com, instagram.com, facebook.com, twitter.com and any reference to Sites that include these channels
  • Shop:
    • means online shops available on our Sites
  • Terms:
    • means this Terms of Use
  • Us, We:
    • means Colorimetrix Inc, with its registered seat at 2035 Sunset Lake Road, Suite B-2 in the city of Newark, zip code 19702 in the State of Delaware US
  • User, You:
    • means anyone using our App, Product, Service, Shop or Sites

Personal data controller

Here we identify the legal entity responsible for processing your data.

Colorimetrix Inc
Postal Address:
2093 Philadelphia Pike, Suite #3003
Claymont, DE
19703 USA

Collection of personal information

Here we detail which data we collect from you.

When you use our Services, among the Personal Data we may collect from you are:

  • your email address
  • your telephone number
  • first and last name
  • age and/or date of birth
  • postal address (for delivery of goods)

We may also collect personal data in no association with your name or contact details (anonymous) such as:

  • pregnancy plans

  • (past) use of hormonal or other contraceptives

  • intercourse history

  • ovulation test results

  • hormonal levels test results

  • pregnancy test results

    The Services can also request to get access to your device’s camera with the purpose of recording information on hormonal test strips. The output of the Services, such as your fertility state and ovulation, are stored anonymously, i.e. not associated with your personal data.

    In an ongoing effort to improve our Services, additional personal data may be collected from You via the Services. This may include location, IP, operating system, hardware type, or browser type. Additional personal data may be collected from you not listed here. In such case, we will notify you when the personal data collection takes place.

Use of personal information

Here we list for what purposes is the personal data used.

We may use your personal information for the following purposes:

  • to manage and administer your Account
  • to assist in and administer the use of our Products and Services
  • where We have your consent, to send You newsletters and other relevant and targeted communications
  • to deal with enquiries, complaints and feedback from you
  • to generate statistical anonymised information about Our users for third parties or publications
  • to investigate any suspected breaches of Our Terms and Conditions or the breach of any other policies and rules applicable to you

General

We will not share your personal data with third parties without your permission, except in the limited circumstances provided below. Personal data collected from you may be shared only in anonymised form with our affiliates, agents and business partners, to ensure the provision of the Services and improve our Products. We may disclose your personal data in order to comply with a legal or regulatory obligation, if we reasonably believe that this is required by law, regulation or other legislation, or in order to protect and defend Us, our business partners or users’ rights and interests.

Our Services and Support

By registering a User Account with us or using our Services you consent to Us using your personal data in order to provide you with the Service, administer your account, follow up on your use of our Service, follow up on the functionality of the Service, and to improve our Service. This includes, but is not limited to, processing and analysing of your personal data linked to your reproductive health (e.g. menstruation date, test strip results, fertility status), in order to inform you of, or follow up on, information related to pregnancy or difficulties becoming pregnant, reaching out to you via in app messages or otherwise, and to fulfil reporting obligations pursuant to medical device rules or other applicable regulatory requirements.

In order to respond to User support inquiries or technological issues or problems, We might be required to access your Personal Data, which will be conducted in a controlled manner. By submitting a User inquiry, you give your consent that We can access your Personal Data for the purpose of responding to your Support Inquiry. In the case that You do not consent to this, you need to formally state this in the Support Inquiry.

Please be aware that if you unsubscribe from our mailing list for promotional purposes you will still receive answers to your questions sent to our Support Agent but you will not be receiving promotional emails.

Personal information storage

Here we state where we store the personal data we collect from the users.

The personal information that We collect from You might be transferred to, and stored in the European Economic Area (“EEA”). By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.

At times, some of your personal data may be transferred and processed in the United States or any other country (some of which will be outside the EEA), in which We, our affiliates, subsidiaries or service providers maintain facilities, but we will always apply safeguards to protect your personal data from unauthorized disclosure. By registering a User Account with Us or using our Services you consent to any such transfer of personal data outside the EEA. We may also transfer your personal data in the event that our business (or part of it) is sold (e.g. as part of a merger or acquisition).

Personal information disclosure

This explains that we do not pass personal information to others for promotional activity.

Except as set out below and to the extent required by any applicable law or governmental or judicial body, we will not disclose your personal information to any third party.

We use the personal information collected from You to provide Services and Products to You. We will not rent, sell or share your personal information with any third party for its own marketing purposes without your consent. We take all reasonable measures to ensure your private data is kept secure.

The payment information you provided will be passed on to and processed by Our third party payment gateway providers. We do not store or collect the payment information.

We may pass your personal information to Our employees and agents and selected service providers of Us under the same conditions that are defined in this Privacy Policy.

We may provide general statistical information about Our users on an anonymised aggregated basis. Such data will not include information personally identifying you.

We may disclose your personal information to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of our Terms and Conditions and/or the breach of other terms and conditions otherwise relating to you or otherwise required by law. We will cooperate with law enforcement agencies and will comply with any court order requesting or directing us to disclose the identity of (or personal information relating to) any user breaching our Terms of Use and/or the breach of other terms and conditions otherwise relating to such user or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders.

Payment

Here we explain what happens with your payment data.

If you choose a direct payment gateway to complete your purchase, then the indicated payment provider stores your payment data, such as credit card, debit card, or bank account details. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted unless specified otherwise by your or the payment gateway provider.

You understand that by using an internet connection your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks.

Certain third party service providers, such as payment gateways and transaction processors, have their own privacy policies and terms of use in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies and terms of use so you can understand the manner in which your Personal Identifiable Information will be handled by these providers.

Certain providers may be located in or have facilities that are located in a different jurisdiction than either You or Us. If you elect to proceed with a transaction that involves the services of a third party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Data processing security

Here we outline the security measures we take in relation to processing of your data.

General security

The security and integrity of your personal data is important to us. Therefore, we use generally accepted industry standards, technologies and procedures, such as firewalls, security software, encryption software, etc., in order to protect the integrity of your personal data and to prevent any unauthorized access. However, no system can be 100% secure and despite our efforts, there is always a risk of unauthorized access to your personal data. By using our Services, you understand and are aware of this risk.

If you share any of your Personal Identifiable Information added to your User Account to any third person (e.g. a partner) you accept and agree that you have done so at your own sole risk. We will be in no way responsible for any unauthorized release of Personal Identifiable Information from your User Account unless such information is released on purpose or by gross negligence by Us or any of our employees and/or partners.

Third Party Service Providers

We may provide access to third party tools and content as well as links to third party websites on the Sites and Shop over which we have neither a control nor input. You acknowledge and agree that we provide access to this “as is” and “as available” without any warranties or endorsements, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools, content or links to third party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Your rights

Here we outline what you can ask as at any time.

You have the right to ask what personal data that we hold about you or request us to delete your data. You have a responsibility to keep your personal data up to date. If you are not able to keep your personal data up to date, you have the right to ask Us to update and correct any out-of-date or incorrect personal data that we hold about you. At your request, We are obliged to once per annum provide you with a notification, free of charge, of whether personal data concerning you is processed or not as well as have your personal data deleted. If you wish to exercise these rights, please contact us using the contact details specified below. An application shall be made in writing and must be sent from the email address that was used to register your personal User Account with a description of your request.

Please note that after deleting your personal data you might not be able to use our Services unless re-registering or re-entering the data necessary for the Services.

Cookies and analytics

Here we explain what cookies are and how we use them.

Cookies policy

Our Services use cookies and usage analytics. Cookies and usage analytics are used by most websites and allow Us to recognize your computer when visiting our Sites and Shop again. Cookies are a feature of your Internet browser software and store data about the use of websites on your computer. You can specify in your browser software how your computer is to accept cookies.

The types of cookies that we use can be grouped as:

Strictly Necessary Cookies

These cookies are necessary for the Sites, Services and Shop to function. They are usually only set in response to actions made by you which amount to a request for services, such as logging in, keep track of items added to the cart or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Sites, Services and Shop will not work without cookie access. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Sites, Services and Shop. They let us know which pages are the most and least popular and see how visitors move around the Sites and Shop. All information that these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our Site and Shop and will not be able to monitor the performance of our Services.

Functionality Cookies

These cookies enable the Sites, Services and Shop to provide enhanced functionality and personalization. They may be set by Us or by third party providers whose services we have added to our Sites, Services and Shop. If you do not allow these cookies, some or all of these services may not function properly.

Use of anonymized information

We define “Anonymized Information” as any information about the User that is provided in the User Account but from which it is not possible to identify the User. Each User of the Services grants Us and our affiliates, sublicenses, partners, designees, and assignees of the Services (collectively the “Service Licensees”) a non-exclusive, royalty-free, sub-licensable, and transferable right to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, communicate to the public, and otherwise utilize and exploit a User's Anonymized Information and anonymized information about a User’s use patterns of the Services: (a) to improve the Services or the functionality of the Sites or Shop; and (b) for clinical studies and aggregated research, including, but not limited to, scientific research that may be undertaken by third parties who wish to study data collected by Us. For clarification, Colorimetrix Inc regularly uses Anonymized Information for the purpose of performing scientific studies, improving our Products and Services and compiling data for scientific articles, conferences, books etc.

Changes to our privacy policy

We reserve the right to amend this Privacy Policy. Any changes We may make to our Privacy Policy in the future will be posted on our Site and, might be notified to you by e-mail.

Contact

Questions, comments and requests regarding this Privacy Policy should be addressed to: privacy@pearl-fertility.com

last updated 28.09.2017