Privacy policy

Last modified: April 9, 2021


Introduction

Orchyd ("Company", "we" or "us") respects your privacy and is committed to protecting it through our compliance with this privacy policy ("Privacy Policy" or policy). As described further in this policy, we will not share your personal data with any third-party advertisers, as your privacy and dignity are of utmost importance to us.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.orchyd.com (our "Website") or use the mobile application (our "App", collectively with the Website, our "Platform") and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect from or about you or your devices from various sources, such as:

  • On this Platform.
  • In e-mail, text and other electronic messages between you and us, including, but not limited to, through the Platform.
  • Through mobile and desktop applications you download from this Platform, which provide dedicated non-browser-based interaction between you and this Platform.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
  • Any other sources, including but not limited to, through our Platform disclosed to you prior to collection.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or 
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from the Platform.

Please do not provide any information from or about individuals other than yourself that would identify that individual, or that would be reasonably likely to identify that individual, unless you are authorized or required to do so by applicable law or contract. By submitting such information about others, you represent and warrant that (1) you are authorized to do so; (2) such submission complies with all applicable law; and (3) we may receive, use, and disclose such information in accordance with this Privacy Policy without any further action on our part.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Platform. By accessing or using this Platform, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to our Privacy Policy (www.orchyd.com/privacy). Your continued use of this Platform after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Restrictions on Sharing Your Personal Information to Third-Party Advertisers.

Orchyd will never sell, rent, or disclose your personal information to any third-party advertiser. The Orchyd App does not feature advertising for the specific purpose that we want the user experience to be about you and your well-being rather than inundating you with ads. We may share only some of your personal information to our service providers strictly limited to cases and purposes agreed to in this policy. We may also use aggregated, de-identified data for purposes agreed to in this policy which cannot be reasonably used to identify you, and is no longer personal information.

Note that some advertisements on the Website (not the App) may be served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users' behavior on this and other websites to serve them interested-based (behavioral) advertising. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

Children Under the Age of 13

Our Platform is not intended for children under 13 years of age. No one under the age 13 may provide any personal information to or on the Platform. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Platform or on or through any of its features, register on the Platform, make any purchases through the Platform, use any of the interactive or public comment features of this Platform or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@orchyd.com. If you are a California resident under the age of 18 and you wish to remove content that you publicly posted, you may submit a request for removal to us at privacy@orchyd.com and allow 30 days for a response. Please note removing the public content from our Platform does not ensure complete or comprehensive removal of the content or information. 

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platform, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address or telephone number ("personal information");
  • that is about you but individually does not identify you, such as user name; and/or
  • about your internet connection, the equipment you use to access our Platform and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us. The information we collect on or through our Platform may include:

  • Information that you provide by filling in forms on our Platform. This includes information provided at the time of registering to use our Platform, subscribing to our service, posting material or requesting further services. We may also ask you for information when you subscribe to our alerts, and when you report a problem with our Platform.
  • Records and copies of your correspondence (including e-mail addresses) if you contact us.
  • Your responses to messages or chats that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Platform and of the fulfilment of your orders. You may be required to provide financial information before placing an order through our Platform.
  • Your search queries on the Platform.
  • We may ask you to provide certain information as part of a health questionnaire, including, but not limited to, what medications you take, when you take your medications, and symptoms you are experiencing.
  • Information about the device and software you use to access our Platform, including internet protocol ("IP") address, web browser type, operating system version, phone carrier and manufacturer, and device identifiers. 
  • Information to track bug or crash reports, including system logs with your personal information, including health information. 
  • Financial information from you when you engage in certain transactions on our Platform. 

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, or you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Usage Details, IP Addresses, Cookies and Other Technologies. As you navigate through and interact with our Platform, we may automatically collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Platform.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data and does not identify any individual. It helps us to improve our Platform and to deliver a better and more personalized service by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Platform according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Platform.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform. 
  • Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, please refer to your device and system settings. 

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Platform and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices related to any subscriptions you have purchased.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Platform or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Platform.
  • To personalize your experience on our Platform through tailored recommendations or content for you. 
  • To develop new products and services on our Platform. 
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data when you register or adjust your user preferences in your account profile after you register. 

We may use the information we have collected from aggregate universe of users, including you, to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Your Option to Provide Personal Information to a Medical Provider

The Platform will in due course allow you to summarize your cycle data history into a document that can be easily shared with a nurse or doctor or OB/GYN. You as the user will decide whether or not you want to share that information; it will not be shared without your consent to do so. 

Disclosure of Your Information (Non Medical)

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Orchyd's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Orchyd about our Platform users is among the assets transferred.
  • To social networking sites when you choose to share such information through our Platform. Use of your information by any of these social networking sites is governed by their respective privacy policies, which we encourage you to review before choosing to share any information from our Platform. 
  • To analytics services we use to collect information about your use of other websites, apps, and online resources to help us better understand how you use our Platform and to help us improve it for you. 
  • To fulfill the purpose for which you provide it. 
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use [INSERT AS LINK TO Orchyd’s TERMS OF USE] or terms of sale [INSERT AS LINK TO Orchyd’s TERMS OF SALE OF GOODS AND/OR SERVICES] and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Orchyd, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Disclosure of Your Information (Medical)

We never disclose personal or aggregated medical information about our users, with unrelated third-party vendors, advertisers and research communities (without restriction).

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to support@orchyd.co. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
  • Targeted Advertising.  The Orchyd App does not use or display third-party advertising, and we do not use personal information collected about you in the App to deliver any third-party advertisements, nor do we share that information with any third-party advertisers.  

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platform and visiting your account profile page.

You may also send us an e-mail at support@orchyd.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. Pro0

per access and use of information provided on the Platform, including User Contributions, is governed by our terms of use [INSERT AS LINK TO Orchyd’s TERMS OF USE].

Your California Privacy Rights

It is Orchyd’s policy not to disclose your personal information to third parties for direct marketing purposes. However, we are providing the following information relating to California Civil Code Section § 1798.83 in the event you believe this has been done, as this statute permits users of our Platform that are California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@orchyd.com or write us at: Orchyd, LLC, Customer Privacy, 8310 Jupiter Creek Lane, San Diego, California, 92121.

Data Security

Although we take reasonable measures to ensure the information you provide to us via the Platform is secure, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform like message boards. The information you share in public areas may be viewed by any user of the Platform.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform. 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Platform home or log-in pages. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the primary e-mail address specified in your account and/or through a notice on the Platform home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Platform and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at privacy@orchyd.com.

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