Privacy Policy

Americans for IVF

PRIVACY POLICY AND TERMS OF USE

Last updated: May 3rd, 2024

1. INTRODUCTION

Americans for IVF (“We” or “Us”) which operates the websites www.americansforivf.org (the “Sites”).  We also provide data services to other clients.

By logging into this website and using the Sites, you agree to be legally bound by this Privacy Policy and Terms of Use. You also agree to be bound by other legal notices that may be posted on this Sites from time to time.  By signing petitions, we collect certain Personal Information about you that may be sold to our clients.

We are committed to protecting your privacy online. By providing Personal Information to us, you agree to these Terms.

The Sites is directed to users in the United States only.

2. UPDATES TO THE TERMS

Please review these Terms periodically because we modify it from time to time.  

Please look at the “LAST UPDATED” legend at the top of this page to see when these Terms were last revised. Any changes to these Terms will become effective when we post the revised Terms on the Sites.

Each time you visit this Sites or provide us with information through the Sites, by doing so you are accepting practices described in the Terms in effect at that time.

3. USE OF THE SITE

The purpose of Sites are for educating and advocating for efforts to ensure IVF treatments are available to families and individuals who want them.  You may not sell or offer to sell access to Sites. You agree not to use the Sites to:

• forward personally identifiable information about any person to any other person; 

• engage in advertising to, or solicitation of, any other persons to buy, or sell any product or services, including posting advertisements and/or solicitations of business;

• use this Sites in a manner inconsistent with any and all applicable laws and regulations of any country; 

• impersonate any person or entity, real of fictitious, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• stalk, abuse (or attempt to abuse), or otherwise harass another person; 

• make unauthorized use of our trademarks or service marks;

• upload, post, e-mail or otherwise transmit or create any content that contain any viruses, Trojan horses, worms, spyware, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; 

• attempt to gain access to any other person’s account or password;

• include links to personal or commercial web pages and/or websites that we, in our sole discretion, deem incompatible with the goals and/or philosophy of our company;

• provide information that you know is false or misleading;

• post or provide links to information relating to circumventing this Sites’ or any other website’s protected software; or

• post links to expressly solicit personal information from anyone under the age of 18. 

We consider false information a violation of these terms and may take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity; or we may suspend or cancel any user’s access it believes to be false, inaccurate or incomplete.  Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any user of the Sites, nor any identity information about any user.

4. INTELLECTUAL PROPERTY RIGHTS

All copyright and other rights in and to the computer programs, computer applications, web applications, database programs, web content files and all written, graphic, audio and audiovisual works incorporated into and utilized on or a part of the Sites and/or Sites will be and remain the sole and exclusive property of Americans for IVF (“Intellectual Property”). 

You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property.

5. YOUR PERSONAL INFORMATION

“Personal Information” is information that identifies you as an individual, such as:

·  Name

·  Email address

·  Zip Code

We collect information you give us when you register on our site or contact us.  We do not collect credit or debit card information.

You can access some parts of the Sites without registering and becoming a user (“User”), but you must become a User to access the services offered on the Sites.

During the registration process, you will be prompted to provide Personal Information to us, and will be asked to choose a password.

Do not use another User’s account or password at any time, or disclose your password to any third party. Please notify Us immediately if you suspect any unauthorized use of your Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for the Sites. Your disclosure of your password to any other person is entirely at your own risk. Although We will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.

By using the Sites, you represent and warrant that: (a) all registration information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such registration information by updating and revising it promptly; and (c) your use of the Sites does not violate any applicable law or regulation.

6. HOW WE USE PERSONAL INFORMATION

We may use Personal Information:

• For our own purposes, such as data analysis, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our services.

• For provision to our clients.  We require that our clients’ use of any data received from us will be in compliance with applicable data protection laws and industry best practices.

• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

7. HOW PERSONAL INFORMATION IS DISCLOSED

Your Personal Information may be disclosed:

• To our clients, to be used by companies, non-profit organizations and political organizations in their marketing, fundraising, customer service, and constituent service and outreach programs.

• To our third-party service providers who provide services such as website hosting, data analysis, donation and payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, auditing services and other similar services to enable them to provide services. 

• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our assets (including in connection with any bankruptcy or similar proceedings).

• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

8. STATE-SPECIFIC RESTRICTIONS

1. Additional Privacy Information For Nevada Users

Notice to Nevada Residents: Nevada Senate Bill 220 provides consumers (Nevada residents) with specific rights regarding their Personal Information. This section describes your Nevada privacy rights and explains how to exercise those rights.

1. Right To Opt Out

You have the right to direct us to not sell your Personal Information at any time (the “Right to Opt-Out”).

To exercise the Right to Opt-Out, you (or your authorized representative) may submit a request to us using the web form hosted on info@americansforivf.org.

2. Response Timing and Format

We endeavor to respond to a verifiable consumer request within sixty (60) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. 

If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

2. Additional Privacy Information For California Users

Notice To California Residents: The California Consumer Privacy Act of 2018 (“CCPA”) provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Please make sure you also consult the rest of our general privacy policy above for complete information.

1. Access to Specific Information and Data Disclosure Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. 

Once we receive and confirm your verifiable consumer request (see Section iii below) we will disclose to you:

• The categories of Personal Information we collected about you.

• The categories of sources for the Personal Information we collected about you.

• Our business or commercial purpose for collecting or selling that Personal Information.

• The categories of third parties with whom we share that Personal Information.

• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:

• sales, identifying the Personal Information categories that each category of recipient purchased; and

• disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

2. Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. 

Once we receive and confirm your verifiable consumer request for deletion (see Section iii below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract 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.

• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

3. Exercising Access, Data Disclosure, and Deletion Rights

To exercise the access, data disclosure and deletion rights described above, please submit a verifiable consumer request to of the below methods:

• Using the web form hosted on www.americansforivf.org

• Emailing us at info@americansforivf.org.

• Calling us at 202-615-3064.

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 Personal 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 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 personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

• We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

• Making a verifiable consumer request does not require you to create an account with us.

• We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

4. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

5. Personal Information Sales Opt-Out and Opt-In Rights

You have the right to direct us to not sell your Personal Information at any time (the “Right to Opt-Out”). Users who opt-in to Personal Information sales may opt-out of future sales at any time.

To exercise the Right to Opt-Out, you (or your authorized representative) may submit a request to us by:

• Using web form hosted on www.americansforivf.org

• Emailing us at info@americansforivf.org.

• Calling us at 202-615-3064

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time by contacting us at the email address or phone number provided in this notice.

You do not need to create an account with us to exercise your Right to Opt-Out. We will only use Personal Information provided in an opt-out request to review and comply with the request.

6. Non Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

7. Other California Privacy Rights

As referenced in this policy, we may from time to time elect to share certain information about you collected by us on the Service with third parties for those third parties’ direct marketing purposes. 

California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. 

To make such a request, please email us at info@americansforivf.org, or call us at 202-615-3064.

9. OTHER INFORMATION

1. OTHER INFORMATION WE COLLECT

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

• Browser information

• Server log files

• Information collected through cookies, pixel tags and other technologies

• Demographic information and other information provided by you

• Aggregated information

2. HOW WE COLLECT OTHER INFORMATION

We and our third party service providers may collect Other Information in a variety of ways, including:

• Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version.

• Using cookies: Cookies allow a web server to transfer data to a computer for record keeping and other purposes. We and our service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Sites, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, some or all of the features and functionality of the Sites may not be available to you.

• Using embedded images, pixel tags and other similar technologies: We may use embedded images or pixel tags (also known as web beacons and clear GIFs) in connection with some Sites pages and email messages to, among other things, track the actions of Sites users and email recipients, measure the success of our marketing campaigns and compile statistics about Sites usage and response rates. 

• From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide this information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Sites.

• By aggregating information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Sites, for example, by using Personal Information to calculate the percentage of our users who have a particular telephone area code. Aggregated Personal Information does not personally identify you or any other user of the Sites.

3. HOW WE USE AND DISCLOSE OTHER INFORMATION

Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose.  

In some instances, we may combine Other Information with Personal Information (such as combining your name with your IP Address).  If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

10. LIMITATION ON LIABILITY

We reserve the right to interrupt the operation of Sites, or your use of the Sites, with or without prior notice for any reason or no reason. 

You agree that We will not be liable for interruption of Sites or for its delay or failure to perform. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, telephone system or communications lines failures, or theft or destruction or unauthorized access to, or alteration of, user communications. 

We are not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email systems on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to users of Sites or to any other person’s phone or computer related to or resulting from participating or downloading materials in connection with Sites.

Except where restricted or prohibited, in no event will We be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your participation in Sites or use of the Sites, or of our termination of your account, even if We have been advised of the possibility of such damages.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.  

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. SECURITY

We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. 

If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the issue by contacting us in accordance with the “Contacting Us” section below.

12.  ONLINE PRIVACY PROTECTION

We comply with the California Online Privacy Protection Act.  As part of that Act, all registered users of our site may make any changes to their information at any time contacting us as described below.

13. Consent to Use of Data and Mobile Communication; SMS Program Terms

You consent to our communicating with you about the Site and the Campaign by SMS, text message, email or other electronic means.  Your carrier’s normal messaging, data and other rates and fees will apply to these communications. 

If you subscribe to any text programs that Americans for IVF makes available, the following terms apply: 

By subscribing to Campaign updates or alerts, you consent to receive recurring updates or alerts by automatic text message.  Text STOP to stop.  For help, text HELP or contact us at info@americansforivf.org. Message and data rates may apply.  See our Privacy Policy above.   Neither Americans for IVF nor the participating carriers guarantee that messages will be delivered. Americans for IVF may discontinue the program at any time without notice.

14. CHOICES AND ACCESS

a. YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

Unless covered by Section 7 (Nevada and California residents), we give you many choices regarding our use and disclosure of your Personal Information. You may opt out from our sharing of your Personal Information with clients for their marketing purposes.  

If you would prefer that we do not share your Personal Information on a going-forward basis with our clients for their marketing purposes, you may opt out of this sharing by contacting us at info@americansforivf.org.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out as described above, we will not be able to remove your Personal Information from the databases of our affiliates or unaffiliated third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt out request). 

Please also note that if you do opt out of receiving marketing-related messages from us, we may still send important administrative messages to you, and you cannot opt out from receiving administrative messages.

b. HOW YOU MAY ACCESS OR CHANGE YOUR PERSONAL INFORMATION

If you would like to review or update your Personal Information that has been previously provided to us, you may contact us at info@americansforivf.org.

In your request, please make clear what information you would like to have changed. We will try to comply with your request as soon as reasonably practicable. We are not responsible for changing information from the databases of third parties with whom we have already shared your Personal Information.

15. USE OF SITE BY MINORS

The Sites is not directed to individuals under the age of thirteen, and we request that these individuals do not provide Personal Information through the Sites.

We do not knowingly, directly or passively, collect information from children under the age of 13.  To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Sites.  We ask that parents supervise their children while online.

16.  JURISDICTIONAL ISSUES

The Sites is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

17.  CONTACTING US

If you have any questions about this Privacy Policy and Terms of Use, please contact us at info@americansforivf.org.

Please note that email communications are not always secure, so please do not include sensitive information in your messages to us.