Privacy Policy

Last updated:  August 21, 2023

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This privacy policy (the “Privacy Policy”) applies to the Fempower Health website located at www.fempower-health.com and all other sites, mobile sites, services, applications, platforms and tools (collectively, the "Website”) owned and operated in connection with the Fempower Health business by Fertility for Me, Inc, a Delaware corporation, d/b/a Fempower Health (“Fempower Health,” “we,” “us,” or “our”). 

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Fempower Health takes issues of privacy and the protection not only of personal health information, but all kinds of information about your private life very seriously. As discussed below we take great efforts to protect your information from disclosure, to use your information only to improve this service for you and to improve our ability to provide services to other people in a similar situation, and to assist researchers in finding better ways to improve health.

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We have created this Privacy Policy to tell you what information the Website collects, how we use that information, and who we will share that information with. This Privacy Policy does not address the privacy practices of any External Platforms or other third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Service (the “Terms”) which incorporates this Privacy Policy in its entirety. By visiting and/or using the Website, Services or Content, you are agreeing to the terms and conditions of this Privacy Policy and the Terms. We encourage you to read the Privacy Policy and to use the information it contains to help you make informed decisions. 

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1.              INFORMATION WE COLLECT OR RECEIVE. In the course of operating the Website and Services, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.

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1.1.          Personal Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include (without limitation) your name, e-mail address, physical address, phone number, as well as demographic information about yourself (including but not limited to age, gender, ethnicity, income, education and work experience). It may also include personal health information about yourself such as diagnoses you may have received, medical treatments you have tried and the outcome of those treatments, medicines and supplements you have taken, surgeries and procedures you have undergone, information about medical and pharmacology-related technologies you have used (e.g. apps and other tools), as well as information about your reproductive health status and experiences. While FEMPOWER HEALTH is not a covered entity as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) and it is your responsibility to comply with regulations such as HIPAA and state privacy laws, FEMPOWER HEALTH has implemented security protocols to prevent unauthorized use or disclosure of protected health information.

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1.2.          Ways You May Voluntarily Provide Personal Information. There are multiple ways you may provide us with Personal Information including, without limitation:

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1.2.1.If you choose to fill out a FEMPOWER HEALTH survey about health-related or other matters;

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1.2.2.If you communicate with FEMPOWER HEALTH or any of our personnel directly about any matter;

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1.2.3.If you post or otherwise participate in any blogs, message boards, online/mobile forums and other group or community activities on or through the Website or Services; 

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1.2.4.If you create an account or otherwise provide Personal Information to or through an External Platform that we use to help provide the Services and that External Platform shares such Personal Information with us; or 

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1.2.5.When you otherwise update the Website with Personal Information about yourself

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1.3.          Third-Party Analytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies,  and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the Website and Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Website, the Services and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the Website or Services.

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1.4.          Other Information. In addition to the Personal Information, we may automatically collect or receive additional information regarding you and your use of the Website or Services; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the Website and Services (collectively, the “Other Information”). Such Other Information may include:

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1.4.1.      From You. Additional information about yourself that you voluntarily provide to us, such as your product and service preferences.

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1.4.2.      From Your Activity. We may collect or receive information regarding:

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1.4.2.1.  IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;

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1.4.2.2.  browser type and language;

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1.4.2.3.  referring and exit pages and URLs;

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1.4.2.4.  date and time; and

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1.4.2.5.  details regarding your activity on the Website, such as search queries and other performance and usage data.

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1.4.3.      About Your Mobile Device. If you use a mobile device to access or use the Website, Services or Content (whether by using a FEMPOWER HEALTH mobile application or otherwise), we may collect or receive information regarding the type of mobile device you use to access or use the Website, Services or Content, along with information about that mobile device’s operating system and version (e.g., iOS, Android or Windows), carrier, and network type (e.g., WiFi, 3G, 4G, LTE).

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1.4.4.      Other Information Collected by Automated Means. Additional information collected by automated means as described in Section 2 below.

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2.     INFORMATION COLLECTED THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES.

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2.1.          As stated above, we may use automatic data collection technologies to collect certain information including, but not necessarily limited to, information about or in connection with you, your activities on or through the Website or involving the Services, the computer or mobile device you use to access or use the Website or Services, your browser and your internet connection. 

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2.2.          The technologies we may use for this automatic data collection include but are not necessarily limited to the following:

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2.2.1.      Cookies and Pixel Tags.   Cookies are small data files containing a string of characters, such as an anonymous unique browser identifier.  Cookies are stored on your computer or other device and act as unique tags that identify your device or browser. Our servers may send your device a cookie when you visit the Website, and our vendors, partners and service providers may do likewise on the Website, on their websites, and elsewhere.  A pixel tag (also commonly known as a web beacon or clear GIF) is an invisible 1 x 1 pixel that is placed on certain web pages. When you access web pages on which a pixel tag is deployed, the pixel tag may generate a generic notice of the visit and permit FEMPOWER HEALTH, our vendors, partners and service providers to set or read cookies. Pixel tags are used in combination with cookies to anonymously track the activity on a website by a particular browser on a particular device. If you disable cookies, pixel tags simply detect an anonymous website visit.  FEMPOWER HEALTH, alone or with our vendors, partners and service providers, may use cookies to, among other things, “remember” you (e.g., when you visit the Website or the websites of our vendors, partners and service providers), track trends, and collect information about how you use our vendors, partners and service providers websites or interact with advertising.  We use cookies to provide relevant content to you and replace non-relevant ads with ads that better match your interests.

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2.2.2.      Google Analytics. Google Analytics collects information such as how often you and other users visit the Website, what pages they visit when they do so, and what other websites they used prior to coming to the Website. We use the information we get from Google Analytics only to improve the Website. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other identifying information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use (http://www.google.com/analytics/tos.html) and the Google Privacy Policy (http://www.google.com/privacypolicy.html). You can prevent Google Analytics from recognizing you on return visits to the Website by disabling cookies on your browser. 

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2.3.          The information we collect automatically may include Personal Information. In addition, we may maintain or associate such automatically collected information with Personal Information we collect in other ways or receive from third parties. These activities help us to improve the Website, Services and Content and to deliver a better and more personalized service, including but not limited to enabling us to: estimate our audience size and usage patterns; store information about your preferences, which allows us to customize the Website, Services and Content according to your individual interests and needs; speed up your searches; and, recognize you when you return to the Website. Please note that if you refuse to accept the cookies on the Website by selecting the applicable settings on your browser, the Website may not function as intended for you.

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2.4.          We may collect information about your online activities over time and across third-party websites or other online services by using automatic data collection technologies that may include (but would not necessarily be limited to) cookies, local shared objects and user data persistence modules. This kind of information collecting is known as behavioral tracking. Click here for information on how you can opt out of behavioral tracking on the Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

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3.              HOW YOUR INFORMATION IS USED AND SHARED WITH THIRD PARTIES.

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You authorize us to use the Personal Information and the Other Information (collectively, the “Information”) to:

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3.1.1.      provide and improve the Website, Services and Content;

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3.1.2.      to determine what particular Services, Content and other information may be of interest to you, including content and other information from the providers of goods and services (who may pay us to show you such content or other information) that you may be able to purchase through the Website, the Services or otherwise;

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3.1.3.      administer our promotional programs;

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3.1.4.      solicit your feedback; and

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3.1.5.      inform you about the Website, Services, Content, External Platforms, Partner Offers and any other products, services or goods that may be or made available through the Website or from our partners, affiliates, networks or otherwise.

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3.2.          In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.

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3.3.          We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, development work in connection with the Website, Services or Content, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. 
 

3.4.          Any information that you voluntarily choose to include in a publicly accessible area of the Website, such as a public profile user page or ‘comments submitted’ area will be available to anyone who has access to that content, including other users and very possibly members of the public.

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3.5.          In an ongoing effort to better understand our users and their use of the Website, Services and Content, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Website, Services and Content. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Website, Services and Content to current and prospective business partners and investors and to other third parties for other lawful purposes.

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3.6.          We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

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3.7.          Anonymous and aggregated data also may be published through various media platforms/academic journals. No personal identifying information will be tied to the results and FEMPOWER HEALTH will not share anything that could be used to identify your account or your private information.

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3.8.          From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future, we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.

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3.9.          FEMPOWER HEALTH stores data only for as long as it is necessary to provide products and services to you and others, including those described above and for legal protections or as required by applicable laws and regulations.

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3.10.       As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

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3.11.       We reserve the right, to the extent permitted by law, to disclose any Information when we believe, in good faith, it is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Website, Services or Content and any facilities or equipment used to make the Website, Service or Content available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

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3.12.       We may disclose any Information as may be described in a notice to you at the time the Information is collected, or in any other manner to which you consent.

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4.     THIRD-PARTY MATTERS. 

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4.1.          Third Party Web Beacons and Third Party Buttons. FEMPOWER HEALTH may implement third-party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and FEMPOWER HEALTH does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

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4.2.          Third Party Content. FEMPOWER HEALTH may use information derived from your use of the Website, Services or Content to determine what, if any, third-party content may be of interest to you, including content from the providers of goods and services (who may pay us to show you such content) that you may be able to purchase through the Website or Services or pursuant to a Partner Offer. We do not provide any Personal Information to such third-party content providers. Note, however, that if a third-party content provider asks FEMPOWER HEALTH to show content to users with certain characteristics (for example, women ages 18- 24) or a segment of that group (for example, women ages 18-24 who have indicated they have PCOS) and you respond to that content or click on links embedded in that content, the third-party content provider may conclude that you have the characteristics of the audience that they are trying to reach. FEMPOWER HEALTH does not have access to or control over cookies, web beacons, or other technologies that third parties who have asked us to show you content may use, and the privacy practices of these third parties are not covered by this Privacy Policy. Please contact these companies directly for information on their data collection and privacy practices. For more information on available opt-out options for targeted advertising delivered by NAI member ad networks, see http://www.networkadvertising.org/.

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4.3.          External Platforms. FEMPOWER HEALTH may use an External Platform for the purpose of collecting survey or other information about you and your experiences, needs, and preferences. Any collection of information (including Personal Information) by an External Platform is subject to the applicable External Platform’s privacy policy, which can typically be found at the bottom of the External Platform’s website. When you provide information to an External Platform for the purposes of receiving a Partner Offer or for any other reason, the information you provide may be shared with FEMPOWER HEALTH by the External Platform. The use of any information shared with FEMPOWER HEALTH by an External Platform will be subject to this Privacy Policy.

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5.     YOUR CHOICES.

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5.1.          You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete any preferences or Personal Information about yourself at any time by emailing us at info@fempower-health.com. If you wish to access or amend any other Personal Information we hold about you, or to request that we delete any information about you that we have obtained from, please contact us at info@fempower-health.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

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5.2.          If you receive any commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial emails from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email to info@fempower-health.com or by writing to us at the address given at the end of the Privacy Policy. 

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5.3.          Please be aware that if you opt-out of receiving commercial emails from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial emails from us, you will continue to receive administrative messages from us regarding the Website, Services and Content.

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6.              YOUR SHARING OF INFORMATION THROUGH THE PLATFORM. We do not control your use of the Website or Services to share Information about you (whether Personal Information or otherwise) with others. If you choose to share any Information about yourself publicly on or through the Website or Services, you understand and acknowledge that we cannot control the actions of third parties who could collect this Information. 

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7.              DO-NOT-TRACK. Please note that the Website will not respond or operate differently in any way in response to any Do-Not-Track signals it receives from your web browser. If that is not acceptable to you, please immediately stop all accessing and use of the Website, Services and Content. 

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8.              HOW WE PROTECT YOUR INFORMATION. 

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8.1.          We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mails sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

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8.2.          Any email or other communication purporting to be from FEMPOWER HEALTH or our Website or made by a third party on FEMPOWER HEALTH’s behalf that requests a password or asks you to provide sensitive information via email should be treated as unauthorized and suspicious and should be reported to us immediately by emailing info@fempower-health.com. If you believe someone else has obtained access to any login credentials, passwords or identifying information you might at that time use to access the Website, Services or Content, please change such credentials, passwords or other information immediately and report the matter immediately by emailing info@fempower-health.com. 

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9.              IMPORTANT NOTICE TO NON-U.S. RESIDENTS.  The Website and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Website, Services or Content, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

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10.           APP STORES; EXTERNAL WEBSITES.

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10.1.       In the event you are accessing the Website by means of a mobile application owned or operated by FEMPOWER HEALTH, your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the Website, such as Personal Information and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

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10.2.       The Website, Services or Content may contain links to External Platforms or other third-party websites or other online resources. We have no control over the privacy practices or the content of such External Platforms or other third-party websites or online resources and are not responsible for the content of any applicable third-party privacy policies or terms of service. You should check the applicable third-party privacy policy and terms of use when accessing or using any External Platform or visiting or using any other websites or online resources.

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11.           CHILDREN’S PRIVACY. Protecting the privacy of children is especially important to us. Our Website, Services, and Content are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13. If you are under 13 years of age, then please do not use or access the Website, Services or Content at any time or in any manner. If we learn that personally identifiable information has been collected on or through the Website or Services from persons under 13 years of age, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that Personal Information about your child under 13 years of age has been provided to or otherwise obtained by FEMPOWER HEALTH, please alert us at info@fempower-health.com and request that we delete that child’s Personal Information from our systems. 

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12.           CHANGES TO THIS PRIVACY POLICY. Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Website. By accessing the Website, Services or Content after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

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13.           HOW TO CONTACT US. If you have questions about this Privacy Policy, please e-mail us at info@fempower-health.com with “Privacy Policy” in the subject line or mail us at the following address: Fertility for Me, Inc. d/b/a Fempower Health, 44 Westwood Circle, Irvington, NY 10533; Attn: Legal Dept.