Privacy policy

ORCHYD PRIVACY POLICY

Last Updated: September 30th, 2022

Orchyd, LLC., together with its subsidiaries, affiliates, and related entities (hereinafter referred to as “ORCHYD,” “us,” “we,” “our,” or “Company”) have created this Privacy Policy to apply to all users and clients of our websites, including https://www.orchyd.com or any of our mobile applications, including ORCHYD, and all digital assets contained or offered therein (collectively, our “Online Services” or “Services”). This Privacy Policy describes, among other things, the types of information we collect from you when you use our Services, how we use it, and how you can access your information.  The Company will at times collect, maintain, use, and share your information as is necessary to provide Services to you, meet certain business needs and functions, and comply with laws and regulations. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY.  YOUR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO THIS PRIVACY POLICY. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS PRIVACY POLICY.

This Privacy Policy is integrated into our Terms & Conditions of Use.

This Privacy Policy applies to any Information (defined below) that you provide to us through the Services.  The terms of this Privacy Policy are subject to any additional terms of disclaimers or other contractual terms you have entered into with ORCHYD, and any applicable mandatory laws and regulations.  

This Privacy Policy is for U.S. based users of our Services only. We do not currently intend to offer the Services to users outside the U.S.

 

TABLE OF CONTENTS

Section 1: Information we collect about you

Section 2: How we use your information

Section 3: Links to other sites

Section 4: Information security & data retention

Section 5: Data retention

Section 6: Consent

Section 7: How we will contact you

Section 8: Your choices

Section 9: Accessing, correcting or deleting your information

Section 10: Children’s information

Section 11: Notice to California residents

Section 12: Notice to Nevada residents

Section 13: Changes to this privacy policy

Section 14: Contact us

 

I.    INFORMATION WE COLLECT ABOUT YOU

We may collect the following types of information, which are described in more detail below: (A) information you provide to us, (B) information we automatically collect, and (C) information we receive from third parties.  All of the information listed in (A)-(C) above, is detailed below, and hereinafter referred to as “Information.”  

A.    Information You Provide to Us:

In using our Services, you may provide us with Information, including, without limitation: 

  1. Your contact information including name, email address, postal address and telephone number(s); 
  2. Account information and log in credentials, including unique identifiers such as username and password;
  3. Health and well-being information you input while using the Services, including your weight, body temperature, menstrual cycle and ovulation related information, including but not limited to pregnancy related information.
  4. Information that you provide by filling in forms on while using the Services, including information provided at the time of registering to use our Services, 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.
  5. Records and copies of your correspondence if you contact us;
  6. Your responses to messages or chats which occur in-App or facilitate by the App or that we might ask you to complete for research purposes.
  7. Details of transactions you carry out through our Services and of the fulfillment of your orders, including financial information; 
  8. Your search queries; and 
  9. Your voluntary responses to health questionnaires, including, but not limited to, what medications you take, when you take your medications, and symptoms you are experiencing;
  10. Additional information as otherwise described to you at the point of collection or pursuant to your consent.
B.   Information We May Automatically Collect:

We also collect information about you from your visit to our Online Services including:

  1. IP address, which is the number associated with the service through which you access the Internet, like your ISP (Internet service provider), your company, or your university;
  2. Date and time of your visit or use of our Online Services;
  3. Domain server from which you are using our Online Services;
  4. Type of computer, web browsers, search engine used, operating system, or platform you use;
  5. Data identifying the web pages you visited prior to and after visiting our Online Services or use of our Online Services;
  6. Your movement and activity within the Online Services, which is aggregated with other information;
  7. Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”); 
  8. Mobile application identification and behavior, use, and aggregated usage, performance data, and where the application was downloaded from and other mobile application analytics which we may use to provide aggregated analytical data to us.
C.   Cookies and Other Tracking Technologies  

We collect this Information directly and through the use of third parties by using certain technologies such as cookies, web beacons, and other technologies.  Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons to collect similar or identical information.  The use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Privacy Policy, except as required by law. We may tie this information to personal information about you that we collect from other sources or that you provide to us.

    1. Cookies (or browser cookies).  A cookie is a small file placed on the hard drive of your computer.  Most web browsers automatically accept cookies.  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 website and Online Services.  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 website and Online Services. We may use the following type of cookies: 

 

Cookie Category

Description 

Strictly Necessary

These are necessary for the website or application to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.   You can set your browser or mobile device to block, but some parts of the site will not then work. These services do not store any personally identifiable information. 

Performance

This allows us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.    All information collected is aggregated and therefore anonymous. If you do not allow this service we will not know when you have visited our site, and will not be able to monitor its performance. 

Functional

This enables the website or application to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages.    If you do not allow then some or all of these services may not function properly. 

Targeting

These may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.    They do not store directly personably identifiable information but are based on uniquely identifying your browser and internet device. If you do not allow, you will still see advertisements but they will be less targeted to your likes. 

Social Media

These are set by a range of social media services that we have added to the site or application to enable you to share our content with your friends and networks. They are capable of tracking your browser or device across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visitor applications.    If you do not allow, you may not be able to use or see these sharing tools. 

 

2.   Analytics.  We may use analytics tools, such as Google Analytics, to help provide us with information about traffic to our website and use of our website, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having your activity on the website made available to Google Analytics by installing the Google Analytics opt-out browser add-on (https://tools.google.com/dlpage/gaoptout) for your web browser. 
3.   Mobile Application Technologies and In-App analytics.  If you access our website or Online Services through a mobile device, we may automatically collect information about your device and your phone number.  We may also use App analytic tools to provide us with information about the use of our App, including installs, events, session and activities that occur in-App.  You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.
4.   Opting Out of Targeted Advertising and Direct Marketing.  We, or third-party service providers with whom we collaborate or contract with to perform services on our behalf, may deploy cookies and may use your Information to text, email, or contact or share with you information that we believe may be useful to you, such as information about products or services provided by or through us through permissible targeted advertisements or related to our Services.  You affirmatively consent to receive these communications.  

Targeted advertising is advertising that is personalized for you based on cookies that track your interests and behavior on websites. Several advertising industry associations offer consumers the ability to opt-out from online targeted advertising conducted by all of their member advertisers. 

If you would like to find out more information, please visit the websites listed below and follow the opt-out instructions there if you wish to opt-out:

a.   You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.

b.   You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.

c.   You can opt-out of having your activity on our Online Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser. 

 

D.   Information We May Receive from Third Parties

We may collect additional Information about you from others such as affiliates, other companies, third-party websites, and/or sources providing publicly available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising and analytic purposes.

The Information we collect is covered by this Privacy Policy, and the Information the third-party website or Social Media Platform collects is subject to the third-party website or platform’s privacy practices.  We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your Information.

We may also receive information from your medical provider if you elect to receive or share information from the Services with that medical provider through our App. We treat information received from a medical provider through our Services the same as information you provide us through the Services. 

II.   HOW WE USE YOUR INFORMATION

 

A.   Use and Purpose of Processing Your Information

We use and process your Information above for things that may include, but are not limited to, the following:

    1. To respond to your inquiries and provide you with requested information;
    2. To process your request for services;
    3. To provide you with our services or related information;
    4. For marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
    5. To manage, improve and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners; 
    6. Maintain, improve, customize, or administer our services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
    7. To provide you with notices about your account, including expiration and renewal notices related to any subscriptions you have purchased;
    8. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
    9. To personalize your experience on our Platform through tailored recommendations or content for you; 
    10. To comply with our Terms & Conditions; and/or 
    11. For any other purposes disclosed to you at the time we collect your Information.

B.   Sharing Your Information

We collect two types of Information: (i) Medical Information and (ii) Non-Medical Information. Medical Information means non-public: information created by or derived from a health care provider or you, that relates to (1) your physical, mental, or behavioral health or conditions, (2) the provision of healthcare services to you, and (3) menstrual cycle related information and pregnancy related information cycle data that you input into the app. We may share your Information as disclosed at the time you provide your Information, as set forth in the Privacy Policy and in the following circumstances:

i.   Medical Information:

We will never disclose personal medical information about you without your consent. 

We will reasonably resist attempts to obtain your Medical Information through a legal process including through a government investigation, a subpoena, or a discovery process. This means we will:

  • Unless restricted by court order, we will provide you with notice of an attempt to obtain your information though a legal process as soon as we are reasonably able. 
  • Resist providing the information until we are compelled to do so under a court order, threat of a contempt proceeding, or similar legal compulsion. We may seek a review or appeal of a legal compulsion to provide medical information. However, the decision to seek review or appeal is entirely at our discretion. 

The Services may allow you to share your Medical Information with a medical provider or network through, for example, ORCHYD MD™. As the user, you will decide whether or not you want to share that information; it will not be shared without your directing to do so.

ORCHYD MD™

ORCHYD MD™ is an on-demand, 24/7 telemedicine facilitator available through the ORCHYD period tracking app.  As the user, you can choose to use ORCHYD MD™ to connect via chat, audio call or video call, with a third-party medical provider or network of health specialist (including board-certified doctors, psychiatrists, nutritionists, etc.) via an in-app web widget.  In addition to communicating with health specialists, you may also choose to share with them your information including your ORCHYD HEALTH REPORT™

The third-party medical provider or network that you may choose to connect with are independent services. We are not responsible for the privacy or security practices of those providers, networks or other third parties or for the information that you choose to share with them or that they may collect from you.  You should contact such third parties directly to determine their respective privacy policies.  You may also choose to utilize ORCHYD MD™ for prescription services.  You may be prompted to share details of your preferred pharmacy for prescription pick-up to utilize this service. 

ORCHYD MD™ does not collect or store any personal health records. Such information is stored with the third-party medical provider, network or pharmacy. 

ii.   Non-Medical Information: 
    1. Third-Party Service Providers.  We may share your non-medical information with third-party service providers that perform certain business functions or services on our behalf (such as process your transactions, manage our databases, maintain your account, perform analyses, provide customer service, or send communications for us).  These companies are authorized to use your non-medical information only as necessary to provide these services to us.
    2. Disclosure of Customer Information for Legal and Administrative Reasons.  We may disclose your non-medical information when required by law or to comply with a court order, subpoena, search warrant or other legal process or as part of any internal or external audit, investigation or inquiry, or other legitimate business need.  Federal and state securities regulators may review our Company records and your personal records as permitted by law.
    3. Information Shared with our Subsidiaries and Affiliates.  We may share your non-medical information with our subsidiaries and affiliates.  “Affiliates” means any entity controlled by, controlling, or under common control with us. Our affiliates will use and distribute your information in accordance with the terms of this Privacy Policy.  If you do not want us to share your Information with our subsidiaries and affiliates, please contact us via the Contact Us section.  
    4. Business Transfers.  Your non-medical information may be transferred, sold or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.  You consent to any and all such Conveyances of your non-medical information.
    5. Online Communications.  If you chose to share with us comments, post a review, participate in a survey, provide a testimonial, or other non-medical information you consent and agree that we may make it available generally to the public and it will not be returned to you unless we receive such a request in writing from you and determine, in our sole discretion, to honor such request.  
    6. With Your Consent. Except as provided in this Privacy Policy, we will not sell, rent, or license your non-medical information we have collected to any third party without your consent and shall share your non-medical information consistent with this Privacy Policy with your consent.  

 

III.   LINKS TO OTHER WEBSITES

Our Online Services may contain links to other websites or services that are not owned or controlled by us, including links to Social Media Platforms such as Facebook, Instagram, and Twitter (“Social Media Platforms”) or may redirect you off our Online Services to other websites for information, other services, or to receive special offers or for transactions or purchases.  We are not responsible for the privacy and security practices of those websites or the information they may collect (which may include IP address).  You should contact such third parties directly to determine their respective privacy policies.  Links to any other party’s website or content do not constitute or imply an endorsement or recommendation by us of the linked website and/or content. We also have no control over websites that link to our Online Services.

IV.   INFORMATION SECURITY AND DATA RETENTION

We use commercially reasonable safeguards to provide our Online Services.  However, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure.  Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure.  We do not guarantee that your Information will not be misused by third parties.  We are not responsible for the circumvention of any privacy settings or security features.  You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

You agree that you are responsible for maintaining the confidentiality of your username and password.  You are responsible for all activities that occur under your username and password.  If you believe that your Information has been accessed or acquired by an unauthorized person, or if you believe there is any other breach of security, you shall promptly Contact Us at privacy@orchyd.com so that necessary measures can quickly be taken.

V.   DATA RETENTION

We keep your Information only for as long as is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). 

When we have no ongoing business need to process your Information, we will delete it, or, if that is not possible, then we will securely store that Information and isolate it from any further processing until deletion is possible. 

VI.   CONSENT 

By submitting your Information to us, you agree that we may collect, use, and disclose such Information as set forth in this Privacy Policy and as permitted or required by law.  If you wish to withdraw consent, please see the Contact Us section below.  

VII.   HOW WE WILL CONTACT YOU 

You agree that we, our affiliates, and/or our third-party service providers with whom we collaborate and contract, may communicate with you via electronic messages, including email, text message, or mobile push notification to, for example, send you information relating to our products and services that we think may be of interest to you, communicate with you about offers, promotions, upcoming events, and other news about products and services offered by us.  

To opt-out of receiving promotional communications, you may Contact Us at privacy@orchyd.com at any time or use the “unsubscribe” link in emails. 

VIII.   YOUR CHOICES
A.   Email

By using our Services, you agree that we may contact you by email as set forth herein.  If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or Contact Us. 

B.   Mobile Push Notifications  

By using our Services, you agree that we may contact you by calling or sending messages to your mobile device.  You may be able to use the settings on your mobile device to enable or turn off mobile push notifications from us or Contact Us at privacy@orchyd.com

C.   Text Messaging

By using our Services, you agree to be reached by text message or SMS message.  If you no longer want to receive text messages from us, reply STOP (or as otherwise instructed) in the text message or Contact Us at privacy@orchyd.com

D.   Location Choices  

You may be able to change the privacy settings of your mobile device at any time to turn off the sharing of location information. While we do not collect location information within our Online Services, if you choose to turn off location services, this could affect certain features or services of our Online Services.  If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.

IX.   ACCESSING, CORRECTING OR DELETING YOUR INFORMATION 

Upon request (as set forth below) and subject to certain exceptions and limitations, we will inform you of the existence, use and disclosure of your Information and will provide you access to that Information.  

We encourage you to review, update, and correct Information that we maintain about you, and you may request that we delete Information about you that is inaccurate, incomplete, or irrelevant.  We may not be able to accommodate your request, or we may not accommodate a request if we believe the change would violate applicable law. 

To request that you access, correct, or delete your Information, contact us at:

Email us at privacy@orchyd.com 

Mail: Orchyd, LLC 
         8310 Juniper Creek Lane
         San Diego, CA 92126

 

The requests above will be considered and responded to in the time-period stated by applicable law.  Note, certain Information may be exempt from such requests.  We may require additional information from you to confirm your identity in responding to such requests.  You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.  

X.   CHILDREN’S INFORMATION

Our Services are intended only for users over the age of thirteen (13).  By using our Services, you agree that you are thirteen (13) years or older.  If we have actual knowledge that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information.  Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13).

XI.   NOTICE TO CALIFORNIA RESIDENTS

To the extent any California data privacy law applies to the collection of your Information, this supplemental section of our Privacy Policy outlines how California residents may receive their personal Information and what you can receive and applies solely to California residents.    

A.   Right to Know and Access to Specific Information 

California residents may have the right to request that we disclose certain information to you about our collection and use of your Information over the past twelve (12) months.  Once we receive and confirm a verifiable consumer request from you, a California resident, we will disclose to you, to the extent permitted by law:

  • The categories of Information we collected about you.
  • The categories of sources for your Information we collected about you.
  • Our business or commercial purpose for collecting your Information.
  • The categories of third parties with whom we share your Information.
  • If we disclosed your Information for a business purpose, the Information categories that each category of recipient obtained.

You may have the right to request that the Information described above be provided to you in a portable and readily usable format, to the extent technically feasible (“data portability”). We do not sell your Information.

B.   Deletion Request Rights

You may have the right to request that we delete certain of your personal Information that we collected from you, subject to certain exceptions.

To the extent that we can delete your Information, once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Information, unless an exception applies.

We may deny your deletion request if retaining the Information is necessary for us or our service providers to:

  • Complete the transaction for which we collected your Information, provide a good or service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the Information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation, as described in Section II(B) above. 
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
C.   Exercising Your Right to Know and Right to Deletion

To exercise the rights described above, please submit a verifiable consumer request to us by either:

Emailing us at privacy@orchyd.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Information.  You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period.  The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
D.   Authorized Agent

You may use an authorized agent to submit verifiable consumer requests on your behalf.  An authorized agent is a natural person or a business entity that you have authorized to act on your behalf.  If you use an authorized agent, we will require: (1) proof of written permission for the authorized agent to make requests on your behalf, and identity verification from you, or (2) proof of power of attorney pursuant to California Probate Code sections 4000 to 4665.  We may deny a request from an authorized agent that does not submit proper verification proof.

E.   Non-Discrimination

We may not, and will not, treat you differently because of your Data Subject Request activity.  As a result of your Data Subject Request activity, we may not and will not deny goods or services to you, charge different rates for goods or services, provide a different level quality of goods or services, or suggest any of the preceding will occur.  However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your Information.

F.   Verifying Requests

To help protect your privacy and maintain security, if you request access to or deletion of your Information, we will take steps and may require you to provide certain information to verify your identity before granting you access to your Information or complying with your request.  In addition, if you ask us to provide you with specific pieces of Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Information is the subject of the request.  If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above). 

G.   Shine the Light Requests

California Civil Code Section 1798.83 permits you to opt out of the disclosure of your Information by us to third parties for the third parties’ direct marketing purposes.  To make an opt-out request of such disclosures, please send an email to support@orchyd.com. 

H.   Additional Information

To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.  This statement is available in alternative formats upon request by contacting support@orchyd.com

XII.   NOTICE TO RESIDENTS OF NEVADA

We do not presently sell any personal information we collect to any third parties. If we were to do so in the future, we will update this Privacy Policy, and provide Nevada residents with the opportunity to opt-out of the sale of their personal information.

XIII.   CHANGES TO THIS PRIVACY POLICY

We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes.  If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting.  If you provide us an email address, we will provide any updated Privacy Policy to you.  In that email, we will provide the option to opt-out of receiving further emails.  It is your obligation to check our current Privacy Policy for any changes. 

XIV.   CONTACT US

If you have any questions about this Privacy Policy or the information we have collected about you, please contact us at the following:

Email:  privacy@orchyd.com 

Write us:  Orchyd, LLC
                8310 Juniper Creek Lane,
                San Diego, CA 92126