Privacy Notice

Last updated: November 30, 2023

Stork Club Fertility, Inc. ("Stork Club", "we", "our", "us") respects your privacy. This Privacy Notice describes the types of personal information that we process about you, how we use it, how we share it, your rights and choices, and how you can contact us about our privacy practices. This Privacy Notice applies to our processing of personal information in connection with our delivery of the Stork Club website at https://joinstorkclub.com/, our mobile applications, our websites that link to this Privacy Notice (including our website sub-domains), or otherwise in connection with our services (collectively our "Services").

In this Privacy Notice: (i) "Personal Information" is defined as any information that can be used to identify you (whether directly or indirectly) as an individual and may include information such as your name, email address, phone number, login information (account number and password), payment information, or contents of communications; and (ii) "Health Information" is defined as Personal Information relating to your past, present or future physical or mental health or condition, including your past, present or future receipt of healthcare services

Please note, under certain data protection laws, Health Information is afforded special protections. Please see below for our additional disclosures in connection with our processing of Health Information for the purposes of United Kingdom ("UK") and European Union ("EU") data protection law.

This Privacy Notice is intended for persons located in jurisdictions outside of the United States. Persons located in the United States ("U.S.") should refer to our US Privacy Policy here, which should be read in conjunction with our HIPAA Notice, accessible here.

Information about terms upon which our Services are provided can be found in our Terms of Service at https://joinstorkclub.com/legal/tos. We may supplement this Privacy Notice through "just-in-time" disclosures or other notifications. These notices may clarify or update the details of Stork Club's privacy practices or may provide you with choices about Stork Club's processing of your data.

This Privacy Notice does not apply to any processing of your Personal Information by companies and/or websites or other third party services outside of Stork Club, including any care providers with whom you share your Personal Information through the Stork Club platform. Such third parties are separate and independent; please consult the privacy notices of such third parties for information about their processing of your Personal Information.

What Personal Information We Process

The types of Personal Information we process about you depends on how you use our Services, and what Personal Information you choose to provide or otherwise make available to us. The Personal Information we may process about you includes:

i. Information You Provide To Us As A User Of The Services

You may provide us with the following information when you activate and create an account with us and in connection with your use of our Services thereafter:

  • Contact information, such as your name, email address, postal address and phone number
  • Login information, such as your email address and password
  • Details of your employment (e.g., full or part time, title, role)
  • Health Insurance information, such as your insurance group number and member ID, coverage details, other employee benefits package details such as your eligibility status, cost-sharing accumulators (e.g., deductible, coinsurance, out-of-pocket maximum), coverage total and remaining limits, plan type etc., in each where applicable (based on jurisdiction)
  • Health information, such as your family-building status and goals, and additional information you may choose to volunteer including, for example, your medical history, medical treatments sought and acquired, and diagnoses and procedures performed
  • In certain jurisdictions, information relating to your race or ethnicity
  • Demographic information, such as your age, race, gender, gender identity / preferred pronouns (so that we can address you according to your preferences) and biological sex
  • Receipts you submit for reimbursement and information available through such receipts.
  • Location information, such as your zip or postal code, town, state/province or country.
  • Correspondence, including contents of emails and other communications (including our online chat functions)
  • Any other information you volunteer in connection with your use of our Services.

Please note, by using our Services, you understand (and to the extent legally required, you authorize) the use of your Personal Information by Stork Club for the purposes set out herein.

Within our Services, you may have an opportunity to speak via web chat or conference call with care experts. Participation in such opportunities is not mandatory, but should you choose to participate, you should share only as much information as you feel comfortable sharing in these forums. Please note, Stork Club does not control the information you chose to provide to third parties (including care experts) via the Services; any Personal Information provided would be processed by such third parties in accordance with their own privacy notices.

ii. Information We Obtain About Our Users From Third Party Sources

We may obtain Personal Information about you from a third party (e.g., your employer). Such information may include your full name, corporate email address, your eligibility to use our Services and details of your employee benefits coverage (including the extent of third party care services eligible for reimbursement by your employer), and other details of your employment benefits package, your role, title and employment details.

In the event that you create your account using a third-party service (e.g., Google SSO, Okta) , we may collect Personal Information about you from the third-party service (such as your username or user ID associated with that third-party service). By choosing to create an account using a third-party service, you authorize us to collect Personal Information necessary to authenticate your account with the third-party service provider.

Certain aspects of our Services include integrated third-party products and services to enable certain features and functionalities. For example, you can find links to other third-party benefits and care providers within our platform. If you choose to use these third party features, functionalities or services, including where you may be asked to create an account with a third-party service provider or login with your existing account with that service provider, your Personal Information is processed in accordance with the privacy policy and/or terms and conditions of that third-party. You may also be asked to authorize Stork Club to collect information from the third-party service provider on your behalf. We will then collect information (such as your username or user ID associated with that third-party service) from you and/or that third-party service provider as necessary to enable the Services to access the information you have stored with that third-party service provider. Once the authentication is complete, we have the ability to access the information you provided to us or was otherwise collected by the third-party service in accordance with the privacy practices of that third-party service. We will store the information we collect and associate it with your Stork Club account. We will only use any Personal Information to enable the integration of our Services with the third-party service provider and to perform actions requested or initiated by you, or that are reasonably necessary to carry out instructions provided by you.

iii. Information Collected Automatically Through Your Use of Our Services

We collect information about how you use our Services and your actions on our Services. The categories of Personal Information we automatically collect through our Services include:

  • Service Use Data, including information about when you were active on Stork Club last and the number, type and name of Stork Club services and providers you use (e.g., whether you accessed televisits, or reviewed information about fertility treatments, surrogacy, child adoption, or travel reimbursement coverage).
  • Device Data, including information about the type of device or browser you use, your device's operating software, platform type, your internet service provider, your device's regional and language settings, mobile device identifiers such as make and model, carrier device identifiers such as IP address and Ad Id and device event information (including crash reports, request and referral URLs and system activity details)
  • Location Data, including imprecise location information (for example, we convert your IP address into a rough geolocation to understand where a user is located and to improve and personalize the Stork Club platform (for example, to display time data in the correct local time)).

Where compliant with applicable laws, we may also use tools, including third-party tools, to collect analytics data. Some of this information is collected through the use of cookies and other tracking technologies, such as web beacons, session replay scripts, and similar tracking technologies. We may also work with third-party partners to employ tracking technologies. For more information, please see the Cookies and tracking technologies section below.

iv. Customer, Vendor And Care Provider Representatives

We process Personal Information provided to us by representatives of the customers, vendors and care providers that we work with, in order to successfully do business with them. This may include:

  • Contact information, such as your name, business email address, postal address, and phone number
  • Correspondence, including contents of emails and other communications
  • Login information, such as your email address (to the extent that you require access to the Services to provide your service to us).

How We Use Personal Information

We process your Personal Information for a variety of purposes, which (depending on the Services we provide to you and the circumstances) may include:

  • Providing our Services to you: We use your Personal Information to operate and manage our Services, including but not limited to showing you the description of covered programs relevant to your family-building goals and authorizing your covered services at a clinic of your choice (e.g., fertility coverage at a fertility clinic) providing care navigation via online messages and notifications, administrating your benefits, determining your reimbursement eligibility (and communicating reimbursement requests to your employer on your behalf) and, if applicable, collecting receipts and payments and managing your reimbursements.
  • Improving and developing our Services: We may use your Personal Information to understand how you use our Services, to improve them, and to derive insights and analysis. For example, we may improve the usability of our Services and customize our existing and future Service offerings by analyzing which features of the platform you interact with. We may use your Personal Information for customer service improvements (i.e., in order to fix any issues you personally encounter). Information used for the purpose of making technical improvements to the platform will usually be aggregated and will not identify you individually.
  • Providing customer and user support: We may use your Personal Information to troubleshoot and diagnose product problems, and provide other customer and user care and support services, including to respond to requests or inquiries from you, provide support or technical assistance, help us provide, improve, and secure the quality of our Services, and training, and to investigate security incidents.
  • Sending marketing communications: We may use your Personal Information to promote certain Services and features that you may be interested in or benefit from, including as a part of our comprehensive care approach and according to your marketing preferences. We may also use the information to monitor the performance of such activities.
  • Sending administrative communications: We may use your Personal Information to send you confirmations, invoices, technical notices, service updates, security alerts, onboarding or customer services messages, information about Services you have requested or are eligible for, other administrative messages about your customer or user account with us, and communications for the purpose of managing our business relationships (in each case, for non-marketing purposes).
  • Securing our Services: We may use your Personal Information for the purposes of maintaining the safety and security of our Services, including identifying and troubleshooting any problem, investigating suspicious activity, identifying you in order to associate you with your account, and detecting potentially fraudulent or unauthorized transactions or use of the Services and ensuring that all users are eligible and authorized to access our Services.
  • Complying with our legal obligations: We may process your Personal Information in order to cooperate with public and government authorities, courts or regulators, including to comply with legal orders or judicial proceedings or to respond to lawful requests and otherwise comply with our legal, regulatory and reporting obligations under applicable laws. Additionally, we may process your Personal Information, to protect, defend or exercise our legal rights and to ensure the continuity and integrity of the Services, including where we seek to pursue remedies available to us and or in order to limit damages.
  • Statistics and analysis: We may aggregate and anonymize your Personal Information in such a way as to prevent the information from being reassociated or identified with any one user account, user, or individual. We may use aggregated and anonymized information for a wide variety of statistical and analytical purposes.

Additionally, we may process your Personal Information for other, new purposes where they are not incompatible with the purposes described above.

How We Share Personal Information

We share your Personal Information with the following categories of recipients:

  • Within the Stork Club Service Team, in order to provide our Services to you; including, but not limited, to our "Care Partners" (internal Stork Club expert advisors who can help you locate the most appropriate and beneficial resources available).
  • With business infrastructure vendors we engage to provide you with aspects of our Services, such as data storage, hosting, and communication service providers.
  • With third-party care providers with whom you may be connected for the purpose of furthering your goals, such as external fertility, adoption, surrogacy or health care experts clinics.
  • With vendors we engage to help us gain insights and analytics into how our Services are used and how they might be improved (for example, we may use third-party data analytics services, to the extent compliant with applicable law).
  • With third party business services providers (such as legal, accounting, compliance, administration).
  • In certain jurisdictions, with customers (e.g., employers that provide access to Stork Club to their employees and their partners) only in an anonymized format. For example, number of account activations and utilization rates of particular care lines.
  • As necessary to comply with applicable law, including governmental bodies, law enforcement agencies, and as necessary to exercise, respond to or defend legal claims, and otherwise to protect the rights, privacy, safety, or property of you, us, or others.
  • As necessary in the event of a proposed or actual reorganization, merger, sale, joint venture, assignment, transfer, financing, or other disposition of all or any portion of Stork Club business, assets, or stock.
  • With others for any legitimate business purpose, provided the information is aggregated or anonymized or you have consented to such disclosure.

How We Secure Your Information

We have implemented appropriate and reasonable technical and organizational measures designed to protect your Personal Information against unauthorized, accidental, or unlawful access, destruction, loss, alteration, disclosure or use. These measures have been implemented taking into account the state of the art of the technology, the cost of implementation, the risks presented by the processing, and the nature of the Personal Information, with particular attention to information that is sensitive in nature.

The safety and security of your Personal Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. Please do not share your password with anyone. Although we take reasonable security measures to protect your Personal Information (for example, we do not store passwords, we limit and audit access to Personal Information, we have policies setting out our procedures in connection with handling Personal Information and we undertake independent information security audits of our infrastructure), transmission of information via the internet is never 100% secure, and we cannot ensure or warrant the absolute security of any information you transmit to us.

Managing Your Information

You may access, correct, amend, or delete your Personal Information by logging into your account and navigating to your profile page. If you wish to cancel your account, you may do so by sending us an email at care@joinstorkclub.com. If you do, the Personal Information associated with your account will be deleted as soon as is reasonably practical or as required by applicable law. Please note that we may retain information in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law.

We may use some of the information we collect for marketing purposes, including to send you promotional communications about new Stork Club features, products, events, or other opportunities (where required, only with your consent). If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions by clicking "Unsubscribe" (or similar opt-out language) in those communications. You can also contact us at legal@joinstorkclub.com to opt out.

For more information about your rights in connection with you Personal Information under European data protection laws, please see the Additional Disclosures for Europe section below.

Cookies and tracking technologies

Like many websites and web-based solutions, Stork Club uses automatic data collection tools, such as cookies, embedded web links, pixels, log files and web beacons (and other similar technologies) to gather information about visitors to our Services.

These tools help make your visit to our Services easier, more efficient, and personalized. We also use the information to improve our Services, to better understand your needs and interest in our Services, and for analytics purposes.

We use a cookie consent management platform in order to give you control over the cookies we use; more information can be found at https://joinstorkclub.com/legal/cookies. As described, you may refuse consent to the use of cookies or similar technologies (which are not necessary cookies) at any time. Please note, however, that in the event that you do not permit our use of such technologies, some parts of the Service may not be accessible or not function properly.

Certain tracking technologies we use involve the use of session replay scripts or other scripts that run directly from your browser. If you wish to disable these tracking technologies, you can also install a third-party browser analytics blocker plug-in such as Ghostery.

If you have any questions about how Stork Club or our third-party service providers use cookies or similar technologies, please contact us using the contact details under "How to Contact Us" below.

International Data Transfers

Stork Club is a global business and our headquarters are located in the United States. When you provide Personal Information to us or when we otherwise obtain your Personal Information for processing as described in this Privacy Notice, we process your Personal Information in the United States or such other jurisdictions in which we utilize third party service providers. The laws governing our processing of Personal Information in such jurisdictions may differ from those in the jurisdictions in which you are located. Regardless of where your Personal Information is processed, we will treat all Personal Information in accordance with applicable data protection laws and this Privacy Notice.

If you are located in the EEA, UK or Switzerland, we will protect your Personal Information when it is transferred outside of such locations by processing it in a country that provides an adequate level of protection (click here for a list of countries deemed adequate by the European Commission and here for a list of countries deemed adequate under UK adequacy regulations) or by implementing appropriate safeguards to protect your Personal Information, including through the use of standard contractual clauses or another lawful transfer mechanisms approved by the European Commission and/or the UK or Swiss authorities (as applicable). For more information about the lawful transfer mechanisms we rely on, please contact us using the contact details under "How to Contact Us" within the Additional Disclosures for Europe section below.

Information from children

Our Services are not intended for use by and are not directed to children under the age of 18. We do not knowingly collect Personal Information relating to children and if we learn that we have collected such information, we will take reasonable steps to delete it from our files as soon as is practicable. Please contact us at legal@joinstorkclub.com if you believe we have any information from or about a child under the age of 18.

Updates to this Privacy Notice

Stork Club may change this Privacy Notice from time to time, at Stork Club's sole discretion. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws. You can see when this Privacy Notice was last updated by checking the "last updated" date displayed at the top of this Privacy Notice.

How to contact us

If you have any concerns or questions about the information provided in this Privacy Notice, please do not hesitate to get in touch with our team using the following details:

By email: legal@joinstorkclub.com

By mail:

Attn. Privacy Team, Legal Department
Stork Club
548 Market Street
San Francisco
California
94104

Additional Disclosures for Europe

For the purpose of this Privacy Notice, "Europe" means the European Economic Area and the United Kingdom.

i. Lawful basis for processing

Data protection laws in Europe require a "lawful basis" for processing Personal Information. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests.

More information about the legal bases on which we rely in connection with each of our processing purposes (described in detail in the section "How We Use the Personal Information We Collect", above), are set out below.

Providing our Services to you

Performance of a contract with you

Necessary for our legitimate interests (successful management of our customer and user relationship, fulfillment of our contractual or other obligations to you and to promote our business through the delivery of quality services)

Improving and developing our Services

Necessary for our legitimate interests (to improve, update, and develop services in order to deliver a high quality of services to customers and users and remain competitive within our field and in order to ensure the security and efficiency of our services)

Providing customer and user support

Performance of a contract with you

Necessary for our legitimate interests (successful management of our customer and user relationship, fulfilment of our contractual or other obligations to you and to promote our business through the delivery of quality services)

Sending marketing communications

With your consent, where legally required

Necessary for our legitimate interests (promotion of our business and Services)

Sending administrative communications

Performance of a contract with you

Necessary for our legitimate interests (continuance of a successful customer / user / business relationship with you and in order to provide a quality service to you)

Securing our Services

Necessary for our legitimate interests (providing a secure Service, ensuring the security of our networks and systems, creating trust in our Services and protecting business, customer and user assets)

Necessary for compliance with a legal obligation

Necessary for our legitimate interests (complying with legal obligations, regulatory, contractual or other obligations)

ii. Special Categories

Under European data protection law, certain Personal Information is afforded special protection. Such information is referred to as "Special Categories Personal Data " or "sensitive data".

Where Personal Information is also Special Categories Personal Data, we can only process it if certain requirements are met or we have your explicit consent.

Special Categories Personal Data includes the following:

  • data revealing racial or ethnic origin;
  • data revealing political opinions;
  • data revealing religious beliefs;
  • data revealing philosophical beliefs;
  • trade union membership;
  • the processing of genetic data;
  • biometric data for the purpose of uniquely identifying a natural person;
  • data concerning health (i.e., "Health Information" for the purpose of this Privacy Notice); and
  • data concerning a natural person’s sex life or sexual orientation

In connection with users' use of the Services, we may need to process your Health Information in order to understand your fertility and family planning goals and be able to provide you with personalized and relevant recommendations and content.

Given the nature of the Services, users may also choose to provide Personal Information to Stork Club which includes other types of Special Categories Personal Data. Generally speaking, we ask that you refrain from such submissions which we do not request or otherwise require for the effective use of the Services, unless you consider the provision of such information necessary for the purposes of accessing the Services. For example, you may determine that it is necessary to provide information about your race or ethnicity (for medical or cultural reasons) or your sexual orientation or sex life (within the context of your family planning or fertility goals), where you consider that this information is relevant to the information or care you may wish to access.

The provision of such information is entirely voluntary.

We will seek your consent to process such information when you access the Service for the first time as a user. You do not have to provide consent and you may withdraw your consent at any time, but we may not be able to offer our full range of Services where your consent is not obtained.

iii. Your Data Subject Rights

You have the following rights regarding the Personal Information we collect and use about you:

  • Right of Access: You have the right to know what information Personal Information we hold about you, and to obtain a copy of such Personal Information.
  • Right to Correct: If you find out that your Personal Information is inaccurate or incomplete, you can request that we correct it.
  • Right to be forgotten: You may require that we erase your Personal Information where certain grounds apply (including where we no longer require the Personal Information for the purpose for which it was collected or where we relied upon your consent to process the Personal Information and you have withdrawn that consent, among other things).
  • Right to Restrict: You have the right to request that we suspend our processing of your Personal Information if:
    • The accuracy of the personal data is contested;
    • The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
    • Stork Club no longer needs the personal data for the purposes of processing but is required to keep it for the establishment, exercise, or defense of legal claims; or
    • You have objected to our processing of your Personal Information (see below) and we are verifying whether you have legitimate grounds for such objection.
  • Right to complain: You can contact us at any time if you wish to make a complaint about our processing of your Personal Information. Additionally, have the right to complain to a data protection supervisory authority.
  • Right to withdraw consent: Where we process your Personal Information on the basis of your consent, you may withdraw such consent at any time and we will no longer process your Personal Information. Such withdrawal of consent shall not affect the lawfulness of our processing prior to the time that such withdrawal was made, but can affect the ability you have to receive Stork Club Services (or services provided by third parties, including care providers) going forward.
  • Right to object: Where we process your Personal Information on the basis of legitimate interests you may object to our processing based on grounds relating to your situation. Where we process your Personal Information for direct marketing purposes you may object at any time and we will cease our processing for such purposes.
  • Right to data portability: Where we are processing your Personal Information on the basis of your consent or pursuant to the performance of a contract with you and such processing is carried out by automated means, you may request to receive your Personal Information in a commonly used, machine readable format (or have that information transmitted to a third party where technically feasible).

To exercise any of these rights, please contact us as set out in the "How to Contact Us" section below and specify which right you are seeking to exercise. We will attempt to respond to your request within a month of receipt of your request. If we require more time, we will inform you of the reason and extension period in writing. We may require specific information from you to help us confirm your identity and process your request. If Personal Information about you has been processed by us as a processor on behalf of a customer and you wish to exercise any rights you have in connection with such Personal Information, please inquire with our customer directly. If you wish to make your request directly to us, please provide the name of the customer on whose behalf we processed your Personal Information. We will refer your request to that third party service provider, and will support them to the extent required by applicable law in responding to your request. Read more about how Stork Club operates as both a controller and processor in the section "Controller and Processor Roles" above.

iv. Data Retention

We will retain your Personal Information for only so long as we need it in order to fulfil our processing purposes or where we otherwise need to retain it to comply with our legal obligations.

When we have no ongoing legitimate business need or legal reason to process your Personal Information, we will either delete or anonymise it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

v. How to contact us

If you have any concerns or questions about the information provided in this Additional Disclosures for Europe section, please do not hesitate to get in touch with our team using the following details:

Data controller: Stork Club Fertility, Inc.

By email: legal@joinstorkclub.com

US Headquarters:

attn. Privacy Team, Legal Department
Stork Club
548 Market Street
San Francisco
California
94104

EU Representative:

datarequest@datarep.com including <Stork Club Fertility, Inc.> in the subject line

UK Representative:

datarequest@datarep.com including <Stork Club Fertility, Inc.> in the subject line

DataRep
The Cube
Monahan Road
Cork
T12 H1XY
Republic of Ireland

Data Protection Officer:

dpo@joinstorkclub.com