Privacy Policy

PRIVACY POLICY

[Last Modified: December 2025]

 

FertilAI Ltd., together with its subsidiaries and affiliated companies (“FertilAI”, “Company“, “we” or “us“) is devoted to making sure that your privacy rights are respected, and personal data is collected and used in accordance with the current and applicable privacy and data protection law.

FertilAI develop and market technology and proprietary software to assist the management and provision of healthcare services, specifically fertility treatments, to improve clinic-patient communication, through a designated patient’s App and healthcare provider Dashboard, including the Fertilane App (“App”, “Dashboard”, and collectively – the “Product”).

In addition, the Company operates informational and promotional websites allowing customers, prospect customers and other visitors to receive information about company services and products (including the products’ Instructions for Use), contact the Company, subscribe to its newsletter and interest in working opportunities within the Company (each a “Site”).

(the Product and any of the Sites shall be referred collectively as the “Services”).

This privacy policy (“Privacy Policy”) explains what data we collect when using our Services, how such data may be used or shared with others, how we safeguard it and how you may exercise your rights related to your Personal Data (as defined below), as required under applicable data protection laws. The Privacy Policy provides details regarding the processing of Personal Data in connection with:

  • Visitors”: Individuals who visit or otherwise interact with the Site, including job applicants applying under our Career webpage.
  • Customers: Our customers (together with their employees and other personnel), which are usually healthcare providers, who purchase, register and use the Dashboard and allow their patient’s (End Users, see below) the use of the App, for management of their healthcare services, for their benefit.
  • End Users”: Customers’ end users, usually patients. Such End Users’ data, to a very limited extent, is being managed within the Services by the Customers.

Visitors and Customers shall be further, separately and collectively, referred to herein as “you”.

This Privacy Policy is an integral part of any other agreement between us and you, including the Terms of Use available at https://fertilai.com/fertilane-terms-en/, incorporated here by reference (“Terms”). Any term not defined herein shall have the meaning ascribed to such term under the Terms or where applicable under the relevant privacy regulation, especially the EU General Data Protection Regulation known as the “GDPR”.

Additional Notice to California Residents: In the event you are a California resident – please review our CCPA Privacy Notice to learn more about our privacy practices with respect to the California Consumer Privacy Act.

You are not required by law to provide us with any Personal Data. However, please note that some of our Services require the processing of certain Personal Data and without such data we may not be able to provide you with all or part of such Services (e.g., without your contact details we will not be able to respond to your inquiries, and without completing the registration process we would not be able to verify your identity and grant you access to the App).

1.       CHANGES TO THE PRIVACY POLICY 

We reserve the right to change this Privacy Policy from time to time, at our sole discretion. The most recent version of the Privacy Policy will always be posted on the website and the update date will be reflected in the “Last Modified” heading. We will provide notice to you if these changes are material, and, where required by applicable law, we will obtain your consent. Any material amendments to the Privacy Policy will become effective within 30 days upon the display of the modified Privacy Policy.

We recommend you review this Privacy Policy periodically to ensure that you understand our most updated privacy practices.

2.       CONTACT INFORMATION AND DATA CONTROLLER INFORMATION

FertilAI Ltd. is the “Data Controller” (as such term is defined under the GDPR) of Personal Data pertaining to:

  • Visitors’ use and interaction with our Site;
  • Customers interaction with the Services;

 

Note on End User Personal Data: In relation to the Personal Data of End Users, particularly concerning their healthcare, we act as Data Processors on behalf of our Customers, who serve as “Data Controllers”. Our processing is limited primarily to basic Account Data and Usage Data where we operate as an independent Controller. The remainder of the End User data mentioned here is for informational purposes only. We process End User Personal Data strictly according to the instructions of the relevant Customer, who is entirely and solely responsible for the privacy practices concerning its End Users. Furthermore, each Customer is solely responsible for responding to any inquiries or requests from its End Users, including regarding their rights as data subjects under applicable law. This Privacy Policy is limited to governing our data collection practices only.

If you have any questions, inquiries, requests or concerns related to this Privacy Policy and our privacy practices or the processing of your Personal Data by us as a Data Controller, you may contact our privacy team as follows:

  • By Email – privacy@fertilai.com
  • By Mail – FertilAI Ltd., Jabotinsky 7, Ramat Gan, 5252007, Israel.

 

Representative for data subjects in the EU and UK Contact Information:

Per Article 27 to the GDPR, we have appointed Prighter Group as our EU and UK Data Protection Representative. Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative, Prighter or make use of your data subject rights, please visit the following website: https://app.prighter.com/portal/17213337973

3.       DATA SETS WE COLLECT AND FOR WHAT PURPOSE

You will find below information regarding the types of data we collect, the purposes for which we process your data as well as our lawful basis for processing (where the GDPR applies to your data).

We collect two types of data, depending on your interaction with us:

“Non-Personal Data” meaning aggregated, non-identifiable information, which may be made available or gathered via your access to and interactions with the Services. We are not aware of the identity or other identifiers of the individual from which the Non-Personal Data is collected. The Non-Personal Data being collected may include aggregated usage information (such as number of views of certain Site pages and actions on the Site, or statistical analysis regarding the use of the Product or the App), as well as technical information transmitted by your device, such as the type of browser or device, type of operation system, device settings and technical software data, etc., to the extent such data is not linked to you.

“Personal Data” or “Personal Information” meaning, individually identifiable information, namely information that identifies an individual or may, with reasonable effort, be used to identify an individual.

For avoidance of doubt, any Non-Personal Data connected or linked to any Personal Data shall be deemed as Personal Data as long as such connection or linkage exists.

Please be aware that as a Data Controller, we neither collect nor process any “Special Categories of Data” (as defined under the GDPR) or other Sensitive Data under applicable privacy laws, including medical or sexual activity-related data (“Sensitive Data” or “Health-Related Data“). Such data is collected, processed, and used within our Product by and on behalf of our Customers, who act as the Data Controllers of such data.

The tables below detail the processing of Personal Data we collect, the purpose, lawful basis, and processing operations:

Site related Data

Data Sets

Purpose And Operations

Lawful Basis (Where the GDPR applies)

Contact Communications:

In the event you contact us for learning more about our product or with any other inquiry, either through the online forms available on the Site, by sending us an email or by other means of communications we make available, you will be requested to provide us with your name, email address, phone number, the name of the company on behalf of which you are contacting us, country, and any other information you choose to share with us.

(collectively “Contact Communications”) 

We process such Contact Communications data solely for the purpose of contacting you, responding to your inquiries and provide you with the support or information you have requested.

The correspondence with you may be processed and stored by us in order to improve our customer service, as well as in the event we reasonably determine it is needed for future assistance or to handle any dispute you might have with us.

 

We process such Contact Details data subject to our legitimate interest in order to respond to your inquiry, and further, as part of our internal record keeping.

1.       Online Identifiers and Usage Data:

When you access our Site, we may collect certain online identifiers such as IP address, Device ID, cookie ID and other similar identifiers (“Online Identifiers”). We may further collect information related to your use and interaction with our Site such as directing campaign and URLs, pages viewed, access time and date, duration, clickstream, WiFi network, DNS name, screen resolution, device type and model, etc.  (“Site Usage Data”). 

We process Online Identifiers and Site Usage Data through our or third-party services and tracking technologies for analytic, marketing and advertising purposes.

For example, we process this data to understand how Visitors use our Site, personalize the Services for you and your preferences as well as to measure effectiveness of our features and content.

In addition, Site Usage Data helps us to better understand our business, analyze our operations, maintain, improve, design, and develop the Service, conduct statistical analysis, etc.

Further, Site Usage Data is used sometimes for operation, Site functionality, security and fraud prevention and debugging purposes, and to resolve technical problems.

2.       Where we collect Online Identifies or Site Usage Data for analytic and advertising purposes, we process such data based on your consent which we will obtain through our cookie notice and consent management tool. You may withdraw consent or change your preferences at any time by using the cookie settings tool available on our Site.

Where we collect Online Identifiers or Site Usage Data for operation and security, we process your data based on our legitimate interest.

3.       Recruitment Data:

4.       In the event you are interested in joining our team or apply for a position posted on our Site (through our Careers page), you will be requested to provide us your contact details (such as name, email address, phone number, etc.) and CV.

In addition, we may collect further information from public and online sources, referees, and former employers

(collectively “Recruitment Data”).

We process Recruitment Data as part of our recruitment and screening efforts to decide whether you can suit a position in FertilAI. Further, we may process such data in order to comply with corporate governance and legal and regulatory requirements (including the retention of such information).

We process such Recruitment Data subject to our legitimate interest.  

If we process sensitive data to ensure diversity, we will do so upon your explicit consent, which you may withdraw at any time by contacting us.

Further, if we reject your application, we will delete the Recruitment Data, unless we have requested your consent to keep you information for a future opportunity or if we are required by law.

Newsletter Registration:

In the event you register for our newsletter you will be requested to provide us with your email address, and any other information you choose to share with us.

We process such data in order to register you as a recipient of our newsletter, updates and news about FertilAI and the Services.

We may further process your data to send you needed information related to our webinar as well as additional occasional communications and updates related to our Services, promotional and marketing emails (i.e., Direct Marketing, as defined above).

We process such information subject to our legitimate interest.

Direct Marketing is further based on our legitimate interest, you may opt-out at any time through the “unsubscribe” link within the email or by contacting us directly. Please note that if you opt-out we will not send you our marketing materials.

Customer Account or Identification

Some features or interfaces on our Site may be limited to, or require access as, a customer or user of our Products. In that case, the relevant interface will include a registration and login process where we may ask for your identification details, username, password, etc. We may require email or phone number for verification purposes.

We will use such data to enable you to access and use the relevant feature while identifying with you and securing our Products, Site and any of our Services.

We process such Account Data for the purpose of executing our contract with you.

 

Product related Data

Data Sets

Purpose And Operations

Lawful Basis (Where the GDPR applies)

Customer Registration and Account Data:

In order for Customers to use the Dashboard and Services, Customers are required to sign up and create an account (independently, or otherwise provide information to our team, to designate the account), while providing certain basic information as full name, email address, username and password, practice name, etc.

(collectively “Account Data”)

We process such Account Data to allow you to sign up to our Services, create or log-in to the Customer account, as well as enable access and use by your authorized users.  We will further use such data to designate your Customer account and validate access, (e.g., account management, support and to provide other Services related to your relationship with us), as well as to send you needed information related to our business engagement (e.g., send you a welcome message, notify you regarding any updates or operational notifications regarding the Product, etc.).

We process such Account Data for the purpose of performing our contract with you, meaning, to provide you and your authorized users with access to the Product and the Services and to designate your Customer account in the Dashboard.

Direct Marketing Communications

When you subscribe as a Customer and create a User Account to the Product, we may use your provided contact information, such as email, phone number, etc., to contact you with occasional communications and updates related to the Product, as well as promotional and marketing emails, offers, materials and other marketing content, through mail, SMS, etc. (“Direct Marketing”).

We may send you such promotional content, per applicable law, through email or SMS.

Direct Marketing is based on our legitimate interest, you may opt-out at any time through the “unsubscribe” link within the email or by contacting us directly. Please note that if you opt-out we will not send you our marketing materials however we will continue to send you Services related communications such as communications related to transactions, etc.

Support and Customer Communications:

In the event you contact us for support, technical issues, billing or any other matter pertaining to the ongoing management and usage of the Product and your Customer account, we may collect certain information to address your inquiry and request, such as relevant Account Data, additional contact information including internal POC within your organization, and any other information you choose to share with us.

We process such data to respond to your inquiries and provide you with the support or information you have requested.  We may do so through the use of our customer management systems, such as CRMs and ERPs, including through the use of third-party SaaS providers used for storage and management of such inquiries.

The correspondence with you may be processed and stored by us in order to improve our customer service, as well as in the event we reasonably determine it is needed for future assistance or to handle any dispute you might have with us.

 

We process Personal Data for the fulfillment of the contract between us.

We may retain records of your interaction with us even after completing addressing your inquiry as part of our internal record keeping, per our legitimate interest.

5.       Product Usage Data:

When you use the Dashboard, or where our Services are being used on your behalf (by your authorized users and End-Users), we may collect certain online identifiers such as IP address, Device ID, cookie ID and other similar identifiers, as well as further information related to your use and interaction with the Product (“Product Usage Data”).

Product Usage Data may also include such usage data pertaining to the Customer’s authorized Users and End-Users.  

We process this data to understand how Customers and End-Users use our Services, adjust and adapt the Services to their needs and requests, and keeping their preferences.

We may also use such Product Usage Data to monitor the use of our services, operate it properly and secure them.

We may process Product Usage Data through the use of third-party services and tracking technologies. However, we will always do so after ensuring no Sensitive or health-related data is being provided to such third-parties, and that such use is always subject to proper security measures per applicable law.

Further, we may, subject to the agreements between us and the relevant Customer as well as per applicable law, analyze such Product Usage Data in a statistical, aggregative and de-identified manner, after ensuring Customers’ and their End Users’ privacy per applicable law.

Any use of App Usage Personal Data for general monitoring, securing, improving and developing our services, is either done on Non-Personal Data or based upon our legitimate interest.

It is important to note that any use of End-Users data is always subject to the relevant Customer instructions and the agreements between such Customer and us, in its capacity as the Data Controller of its End-Users.

Health-related and other Sensitive Datain our capacity as a Data Processor – as part of operating the Product, and especially through the use of the App by the End-Users, we may process certain material health-related and other Sensitive Data, such as data pertaining to the End-Users’ health, fertility processes, etc.

We collect, store, analyze, present and transmit such data on behalf of the Customer, strictly in accordance with its instructions.

We may sometimes de-identified or anonymize such data, as per the agreements between us and the relevant Customer, in a manner such data can no longer be used, by reasonable means, to identify any End-User. We will always do so in strict accordance with applicable law.  

We may use our third party vendors and Sub Processors for processing of such data, however, we will never Sale or Share such data with such third parties (as such terms are defined under applicable law) in an identified format, unless permitted to do so in accordance with the Customer’s instructions and applicable law.

We process such data only in our capacity as a Data processor on behalf of the relevant Customer, per its instructions and the agreements between us.

We may process certain data relating to the End-User’s use of the services per our legal obligations under specific regulated products regulations such as the EU MDR or other similar laws, to the extent applicable. 

 

Please note that the actual processing operation per each purpose of use and lawful basis detailed in the table above may differ, and we are only responsible for the Personal Data we collect and process as the controller of the Personal Data. Such processing operation usually includes a set of operations made by automated means, such as collection, storage, use, disclosure by transmission, erasure, or destruction.

The transfer of Personal Data to third-party countries, as further detailed in the “Data Transfer” Section below, is based on the same lawful basis as stipulated in the table above.

4.       HOW WE COLLECT INFORMATION

Depending on the nature of your interaction with the Site and Services, we may collect information as follows:

  • Automatically– we may use cookies (as elaborated in the section below) or similar tracking technologies (such as pixels, tags, agent, etc.) to gather some information automatically.
  • Provided by you or about you voluntarily– we will collect information if and when you choose to provide us with the information, such as through online registration, contact us communications, etc. all as detailed in this Privacy Policy.
  • Provided from third parties – Sometimes we may receive your information from a third party, such as your healthcare provider or clinic for the purpose of inviting you to use our Products. In addition, and where permitted under applicable law, we may enrich the Personal Data collected about you with data provided by third parties.

5.       SHARING INFORMATION WITH THIRD PARTIES 

We share your Personal Data with third parties, including our affiliated companies and subsidiaries, as well as service providers that help us provide our Services. You can find in the table below information about the categories of such third-party recipients.

Category of Recipient

Data That Will Be Shared

Purpose of Sharing

Service Providers

All types of Personal Data

We share Personal Data with our trusted agents (such as legal counsel) and service providers (including, but not limited to, our Cloud Service Provider, Analytics Service Provider, CRM provider, etc.) so that they can perform the requested services on our behalf. Thus, we share your data with third party entities, for the purpose of storing such information on our behalf, or for other processing needs. These entities are prohibited from using your Personal Data for any purposes other than providing us with requested services

Any acquirer of our business

All types of Personal Data

We may share Personal Data, in the event of a corporate transaction (e.g., sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Policy.

Affiliated companies

All types of Personal Data

We may share Personal Data with our affiliated companies in accordance with the terms of this Policy and for the purpose of providing the Services.

Legal and law enforcement

Subject to law enforcement authority request.

We may disclose certain data to law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to terror acts, criminal investigations or alleged illegal activity or any other activity that may expose us, you, or any other user to legal liability, and solely to the extent necessary to comply with such purpose.

For avoidance of doubt, we may transfer and disclose or otherwise use Non-Personal Information or information which is linked to anonymous random identifiers or information that is aggregated in a non-identifiable way, at its own discretion.

When we share information with service providers, we ensure they only have access to such information that is strictly necessary for us to operate the website. These parties are required to secure the data they receive and to use the data for pre-agreed purposes only while ensuring compliance with all applicable data protection regulations (however, such service providers may use certain data for their own benefit subject to separate terms agreed upon with you or per your consent, as well as in the case of using merely Non-Personal Data).

Please note that, if you act as an End-User under a Customer, or as Customer’s employee, your personal data will be available to the Customer, as the controller of such data.

6.       COOKIES POLICY

When you access or use the Site or the Dashboard, we use “cookies” or similar tracking technologies, which store certain information on your device (i.e., locally stored). The use of cookies is a standard industry-wide practice. A “cookie” is a small piece of information that a website assigns and stores on your computer while you are viewing a website. Cookies are used by us for various purposes, including allowing you to navigate between pages efficiently, as well as for statistical purposes, analytic purposes and advertising. You can find more information about our use of cookies here:www.allaboutcookies.org.

You can always review the list of Cookies on our Site and control your cookies preferences by the designated cookies tool available on our Site.   

Also note that, most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You may set your browser to block all cookies, including cookies associated with our Site and Services, or to indicate when a cookie is being used by us, by adjusting the privacy and security settings of your web browser. Please refer to the support page of your browser to learn more about how you can adjust your privacy and security settings. Please note that once you choose to opt out or disable cookies, some features of the Services may not operate properly, and your online experience may be limited. In addition, even if you do opt-out, you may still receive some content and advertising, however, it will not be targeted content or advertising.

Where we use third-party advertising cookies, such third-party may independently collect, through the use of such tracking technologies, some or all types of Personal Data detailed above, as well as additional data sets, including to combine such information with other information they have independently collected relating to your online activities across their network of websites, for the purpose of enhanced targeting functionality and delivering personalized ads, as well as providing aggregated analytics related to the performance of our advertising campaign you interacted with. These third parties collect and use this information under their own privacy policies, and are responsible for their practices.

Although we do not sell your personal information for profit we do engage in targeted advertising on the website, this type of advertising activity may be considered a “sale” of Personal Data under certain US Privacy Laws and may also be referred to as “targeted advertising”. Please note that even if you opt-out you may still see personalized ads based on information other companies and ad networks have collected about you, if you have not opted out of sharing with them.

For IBA opt out options on desktop and mobile websites, please visit:

We also honor browser-based opt-out signals, such as Global Privacy Control (GPC), by automatically disabling non-essential cookies when such signals are detected.

7.       DATA RETENTION

We retain the Personal Data we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable regulation, or until an individual expresses a preference to opt-out.

Other circumstances in which we will retain your Personal Data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements; (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges; or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data. Please note that except as required by applicable law, we may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.

As for End Users’ Personal Data, it is hereby clarified that the Customer decides and instructs us when to delete Personal Data.

 

8.       DATA SECURITY 

We work hard to protect the Personal Data we process as part of our Services from unauthorized access, alteration, disclosure, or destruction. We have implemented physical, technical, and administrative security measures that comply with applicable laws and industry standards, such as encryption, access restrictions and permissions, etc.

Note that we cannot be held responsible for unauthorized or unintended access beyond our control, and we make no warranty, express, implied, or otherwise, that we will always be able to prevent such access. Therefore, without derogating from our obligations under applicable law, you, including any Customer, remains fully responsible for the security of the data processed through the Services.

 

9.       INTERNATIONAL DATA TRANSFER 

Due to our global business operation, we may store or process your Personal Data in several territories, including, for example in Israel, the UK, EU, US or in other countries (whether directly or indirectly through the use of our vendors). Thus, your Personal Data may be transferred to and processed in countries other than the country from which you accessed our websites or otherwise the country of your jurisdiction. We will take appropriate measures to ensure that your Personal Data receives an adequate level of data protection upon its transfer in accordance with applicable law.

Further, when Personal Data collected within the EU is transferred outside the EU (and not to a recipient in a country that the European Commission has decided provides adequate protection) it shall be transferred under the provisions of the standard contractual clauses approved by the European Union. If you would like to understand more about these arrangements and your rights in connection therewith, please contact us at our email.

In addition, some of the third parties used for cookies management on our website may store and process data globally, including in the US (e.g., Google Analytics servers). When granting consent for such cookies, you hereby acknowledge and approve such cross-border transfer, in accordance with such third party’s privacy practices. 

 

10.   YOUR RIGHTS

Data protection and privacy laws may grant you certain rights with regards to your Personal Data, all according to your jurisdiction. The rights may include one or all of the following: (i) request to amend your Personal Data we store accessing; (ii) review and access your Personal Data that we hold; (iii) request to delete your Personal Data that we hold (as long as we do not have a legitimate reason for retaining the data); (iv) restrict or object to the process your Personal Data; (v) exercise your right of data portability (vi) contact to a supervisory authority in your jurisdiction and file a complaint; and (vii) withdraw your consent (to the extent applicable).

If you wish to submit a request to exercise your rights, please fill out the Data Subject Request Form (“DSR”) available HERE and send it to our email at: privacy@fertilai.com.

When you contact us and request to exercise your rights regarding your Personal Data, we will require certain information from you in order to verify your identity and locate your data and that the process of locating and deleting the data may take reasonable time and effort, as required or permitted under applicable law. Data privacy and related laws in your jurisdiction may provide you with different or additional rights related to the data we collect from you, which may also apply.

You have the right to lodge a complaint with the EU Member State supervisory authority if you are not satisfied with the way in which we handled the complaint.

In certain circumstances, and subject to applicable US privacy laws, you may permit an authorized agent to submit requests on your behalf. For more information, please refer to our DSR form.

Additionally, in accordance with applicable US Privacy Laws, if we decline to take action on your request, we will inform you within 45 days (Colorado residents) or 60 days (all other U.S. jurisdictions) of receipt. Our response will include a justification for the decision and an explanation about your right to lodge an appeal. If you wish to do so, please send your appeal request with a summary of the request and decision you want to appeal to: privacy@fertilai.com. We will respond to appeals within 45 days (one 15‑day extension possible where reasonably necessary).

If you are not happy with our response, depending on your jurisdiction, you may have the right to lodge a complaint against us with the relevant State’s Attorney General:

Please note that as further elaborated above, if you are an End User and you contact us regarding your rights, you will be directed to contact the applicable Customer as the “Data Controller” of the Personal Data.

 

11.   THIRD PARTY WEBSITES:

Our Privacy Policy only addresses the use and disclosure of Personal Data we collect from you. To the extent that you disclose your Personal Data to other parties via the website (e.g., by clicking on a link to any other website or location), different rules may apply to their use or disclosure of the Personal Data you disclose to them, and this Privacy Policy does not apply to any such third-party products and services. You agree that we shall have no liability whatsoever with respect to such third-party sites and your usage of them.

12.   PROTECTING CHILDREN

Our Site as well as the Services are not intended for users under the age of eighteen (18). Therefore, we do not intend and does not knowingly collect directly Personal Data from children. We will discard any information we receive from a user that is considered a “child” immediately upon discovering that such a user shared information with us.  Please contact us at: privacy@fertilai.com if you have reason to believe that a child has shared any information with us.

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