PRIVACY POLICY

PRIVACY POLICY

Content

  1. FIRST, WHAT’S LEILA?
  2. DEFINITIONS
  3. WHO IS RESPONSIBLE
  4. DATA PROTECTION OFFICER
  5. WHEN CALLING OUR PLATFORM
  6. WHEN USING OUR RANGE OF SERVICES
  7. WHEN CONTACTING US
  8. INTEGRATION OF PAYMENT SERVICE PROVIDERS
  9. INTEGRATION OF SOCIAL MEDIA SERVICES
  10. INTEGRATION OF CONTENTS OF THIRD PARTIES
  11. DISCLOSURE OF DATA TO THIRD PARTIES
  12. YOUR DATA PROTECTION RIGHTS
  13. DATA SECURITY, STORAGE LOCATION AND INVOLVEMENT OF SERVICE PROVIDERS
  14. AMENDMENT OF THIS PRIVACY POLICY
Introduction

We take the protection of your personal data (hereinafter referred to as “data” ) seriously and therefore comply with the applicable data protection laws.
With this privacy policy, we comply with our information obligations under Article 12 et seq. of the General Data Protection Regulation (hereinafter referred to as “DSGVO” ). We would like to give you an overview of what data we store from you and when, and how we use this data. Your data will only be collected by us to the extent technically necessary. Under no circumstances will we sell your data or pass it on to third parties for unjustified reasons.
Please read this Privacy Policy carefully and in conjunction with our General Terms of Use. You can access, download and print the current version of the General Terms and Conditions of Use at any time at www.leila-fertility.com.

First, what’s Leila?

Leila is a purely web-based platform offered and operated by us, Leila Fertility GmbH, c/o Factory Works GmbH, Rheinsbergerstraße 76/77, 10115 Berlin, Germany, represented by the management, at www.leila-fertility.com and any associated sub-domains.
Regardless of whether you are seeking a natural pregnancy or are already undergoing medical treatment for artificial insemination – thanks to Leila you now have the opportunity to quickly and easily contact qualified reproductive physicians with your questions via video telephony and quickly find clarity.

2. Definitions

2.1 Person responsible
According to Art. 4 No. 7 of the GDPR, the controller is the person who decides on the purposes and means of the processing of personal data. Above all, he determines what is processed, how and for what purpose. He is responsible for the processing and must ensure that the data protection regulations are complied with.

2.2 Processors
Pursuant to Art. 4 No. 8 DSGVO, a processor is a service provider who acts for the controller and processes personal data on the controller’s behalf.

2.2 Processors
Pursuant to Art. 4 No. 8 DSGVO, a processor is a service provider who acts for the controller and processes personal data on the controller’s behalf.

2.3 Personal data
According to Art. 4 No. 1 DSGVO, personal data are all information that can be directly or indirectly attributed to an identifiable natural person (“data subject”).

2.4 Processing
According to Art. 4 No. 2 GDPR, processing means all possible types of data processing. This includes, in particular, the collection, recording, organizing, arranging, storing, adapting, modifying, reading out, querying, using, disclosing, transmitting, disseminating, linking, restricting, deleting or destroying of personal data.

2.5 Person concerned
According to Art. 4 No. 1 DSGVO, the data subject is the natural person to whom the data processed by the controller can be directly or indirectly attributed.

2.6 Receiver
According to Art. 4 No. 9 DSGVO, the recipient is the party to whom personal data is disclosed, regardless of whether it is a third party or not.

2.7. Third party
According to Art. 4 No. 10 GDPR, a third party is anyone other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

2.8 Special categories of personal data
According to Article 9 (1) of the GDPR, special categories of personal data also include, in particular, health data of the data subject.

2.9 Consent
According to Art. 4 No. 11 GDPR, consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act (e.g. the active ticking of a checkbox provided for this purpose) by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

3. Who is responsible

We, Leila Fertility GmbH, c/o Factory Works GmbH, Rheinsbergerstraße 76/77, 10115 Berlin, represented by the management, are responsible for the data processing within the scope of our platform and in the sense of Art. 4 No. 7 DSGVO as provider and operator.
If you have any questions or technical problems with our platform, please feel free to contact us at any time by e-mail at [email protected]
This also applies if a term used by us in the context of this privacy policy is unclear to you or if you have questions about these provisions or our range of services.

4. Data protection officer

You also have the right to contact our data protection officer directly with questions regarding the processing of your personal data or the exercise of your data protection rights under the GDPR. You can reach him at the following contact details:
Emmett Farell
+41 78 6526430

5. When calling our platform

5.1 Log files
As soon as you call up our platform at www.leila-fertility.com or any associated sub-domains, the browser you use automatically sends certain data to the server of our platform and stores it there for a limited period of time in a so-called log file.

5.1.1 Brief overview

Processed data Purpose Legal basis Receiver Storage period
IP address, date and time of access, content of access (specific page), access status, amount of data transferred, website from which access is made (so-called referrer URL), browser type and version, operating system. System security and stability Legitimate interest Hosting Provider 14 days

5.1.2 Data processed
Your IP address, the date and time of your access, the content of your access (specific website), the access status (e.g. https), the amount of data transferred, the information on the website from which your access is made (so-called referrer URL) as well as information on the browser used by you and the operating system of the terminal device used by you (e.g. Chrome, Safari) are processed.

5.1.3 Purpose
We need log files in order to be able to guarantee sufficient system security and stability of our platform for you.

5.1.4 Legal basis
We base the lawfulness of this data processing on Art. 6 (1) (f) DSGVO. Our “legitimate interest” required for this follows from our desire to be able to offer you a secure and trouble-free user experience.

5.1.5 Receiver
The recipient of your personal data in connection with log files is our hosting provider, on whose appropriately secured servers our platform is hosted.

5.1.6 Storage period
The log files are automatically deleted after 14 days.

5.2 Cookies
Cookies are used on our platform. These are small text files that are automatically saved by the browser you use and stored on your end device (e.g. PC or smartphone) as a small text file. Cookies do not contain viruses, Trojans or other malware that could cause damage to the end device you are using.

5.2.1 Brief overview

Processed data Purpose Legal basis Receiver Storage period
History and form data System stability Legitimate interest Immediately or after a certain period of time.

5.2.2 Data processed
History and form data are processed.

5.2.3 Purpose
The cookies we use enable us to recognise that you have already visited individual pages of our platform or ensure that you do not have to make certain entries and settings again that you have already made within the framework of our platform.

5.2.4 Legal basis
We base the lawfulness of this data processing on Art. 6 (1) (f) DSGVO. Our “legitimate interest” required for this follows from our desire to be able to offer you a secure and trouble-free user experience.

5.2.5 Storage period
The storage period depends on the type of cookie used. These are either deleted immediately when you end the call to our platform or only after a fixed period of time that cannot be determined by us.

6. When using our range of services

6.1 Booking a fertility counselling session
The core of our service offer is the mediation of medical consultation services in the field of reproductive medicine, which you can take advantage of online via video telephony (fertility consultation hour). You can easily book the fertility counselling session via our platform. You can find out exactly how the booking process works in our General Terms of Use, which you can access, download and print out at any time at www.leila-fertility.com.

6.1.1 Brief overview

Processed data Purpose Legal basis Receiver Storage period
Contact, billing and payment information Booking of a fertility counselling session. Contract initiation and execution Until the termination of the contract of use and successful payment processing. Exception: Legal storage obligations.

6.1.2 Data processed
Your contact details (e-mail address) as well as your billing and payment information are processed.

6.1.3 Purpose
This data is required by us to be able to conclude a usage contract with you for the use of our platform and to be able to process any payments that arise.

6.1.4 Legal basis
We base the lawfulness of this data processing on Art. 6 Para. 1 Letter b) DSGVO, as this is absolutely necessary for the initiation and processing of a contract with you.

6.1.5 Storage period
Your data will be stored until the end of the contract of use and successful payment processing and will then be deleted by us, unless there is a legal obligation to keep records (for example, from the German Commercial Code).

6.2 Carrying out our Health Check
The more the service provider knows about your lifestyle, your cycle, any existing illnesses and previous pregnancies, the better he can respond to you. Therefore, after successfully booking your fertility consultation, you will receive access to our Health Check, which has been specially developed by fertility doctors. The information you provide in the Health Check will be made available to the reproductive doctor you have chosen to carry out your fertility counselling.

6.2.1 Brief overview

Processed data Purpose Legal basis Receiver Storage period
Health data Optimal preparation of the service provider Consent Authorized service provider Until the termination of the user contract or the revocation of your consent. Exception: Legal storage obligations

6.2.2 Data processed
We process your health data (e.g. existing diseases, data on your menstrual cycle, sexuality, family history and previous pregnancies).

Note: Please note that we process, among other things, your health-related data. According to Art. 9 (1) DSGVO, these belong to the special categories of personal data and therefore enjoy special protection. According to Art. 9 (2) (a) DSGVO, we can only process this data on the basis of your express consent.

6.2.3 Purpose
We want the health care provider who conducts your fertility consultation session with you to be optimally prepared for your conversation.

6.2.4 Legal basis
We base the legality of this data processing on Art. 6 (1) (a) in conjunction with Art. 9 (2) (a) DSGVO. You give your consent by ticking the checkbox provided for this purpose when booking your fertility counselling session.

6.2.5 Storage period
We will keep the data in connection with the Health Check until the termination of the user contract with you, but at the longest until you revoke your consent.

6.2.6 Information on the right of withdrawal
We would like to point out at this point that you can revoke your consent at any time with effect for the future. Further information on this data subject right can be found in section 13 of this data protection declaration.

6.3 Perception of a fertility counselling session
Once you have booked your personal infertility consultation and filled out our Health Check, you can select a date for your infertility consultation in our calendar in the next step. Once you have made your selection, you will immediately receive an email with the link to your infertility consultation. We use the video services of Zoom Video Communications, Inc. to hold our infertility counseling session with you.

6.3.1 Brief overview

Processed data Purpose Legal basis Receiver Storage period
Contact data, appointment data Implementation of the booked fertility counselling session. Contract processing Authorized service provider Until the termination of the user contract. Exception: Legal storage obligations.

6.3.2 Data processed
Your contact data (e-mail address) and the data of the appointment you have selected will be processed.

6.3.3 Purpose
We need this data to be able to send you a link to the video consultation.

6.3.4 Legal basis
We base the lawfulness of this data processing on Art. 6 Para. 1 Letter b) DSGVO, as this is absolutely necessary for the processing of the contract with you.

6.3.5 Receiver
The recipient of the appointment data is also your chosen reproductive doctor, so that he/she can take part in the fertility counselling session.

6.3.6 Storage period
The appointment data remain stored with us until the end of the user contract and are then deleted by us, insofar as this does not conflict with any statutory retention obligations (for example from the German Commercial Code).

7. When contacting us

You have the option to contact us via email, contact form on our platform or social media services (e.g. Facebook).

7.1 Brief overview

Processed data Purpose Legal basis Receiver Storage period
Master data, contact details, content of the request Contact Consent Until the final answer to your request or revocation of your consent. Exception: Legal storage obligations.

7.2 Data processed
Your master data (e.g. name, address), contact data (e.g. telephone number, e-mail address) as well as the concrete content of your inquiry are processed.

7.3 Purpose
We would like to provide you with a quick and secure answer to your questions or support you in the best possible way.

7.4 Legal basis
We base the lawfulness of this data processing on Art. 6 para. 1 letter a) DSGVO. You give your consent by confirming that you agree to the processing of your data in accordance with this data protection declaration, for example by ticking the checkbox provided for this purpose before sending your enquiry via our contact form.

7.5 Storage period
We will keep the data of your inquiry until its final answer, at the latest, however, until the revocation of your consent.

7.6 Note on the right of withdrawal
We would like to point out at this point that you can revoke your consent at any time with effect for the future. Further information on this data subject right can be found in section 13 of this data protection declaration.

8. Integration of payment service providers

We use external payment service providers for the processing of payments. These are

  • PayPal ( PayPal Europe S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, hereinafter referred to as “PayPal” )
  • Stripe (Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA, hereinafter referred to as “Stripe” ) and
  • Apple Pay (Apple Distribution International Ltd., Hollyhill Industrial Estate, Cork, Ireland, hereinafter referred to as “Apple” ).

Please note that your data will be transmitted to the respective payment service provider within the scope of payment processing and that the payment service provider may carry out an identity and credit check on you.

8.1 Brief overview

Processed data Purpose Legal basis Receiver Storage period
Master data, contact details, bank or credit card information, invoice amount, currency and transaction number. Payment processing Contract processing PayPal, Stripe, Apple

8.2 Data processed
Your master data (e.g. name), your contact details (e.g. e-mail address, billing address), your bank or credit card information, the invoice amount, currency details and, if applicable, the transaction number are processed.

8.3 Purpose
The payment service providers we use enable us to process payments securely and easily as part of the contractual relationship between you and us.

8.4 Legal basis
We base the lawfulness of this data processing on Art. 6 (1) (b) DSGVO, as this is absolutely necessary for the successful processing of the contract with you.

8.6 Storage period
Since the browser you use automatically establishes a direct connection with the PayPal server, we have no influence on the extent to which PayPal collects data from you and stores it for further processing. We therefore inform you according to our current state of knowledge. You can find more information about the payment service providers we use here:

https://www.paypal.com/de/webapps/mpp/ua/privacy-full
https://stripe.com/de/privacy
https://support.apple.com/de-de/HT203027

9. Integration of social media services

Under certain circumstances, we use links to well-known social media platforms (e.g. Facebook, Instagram, etc.) as part of our platform. By clicking on the corresponding link (e.g. via an icon), you will be forwarded to our profile on the respective linked social media platform. The direct contact and associated data exchange between you and the respective social media platform is – in contrast to the use of conventional web plugins – only established when you actively click on the respective link. In this respect, we do not process your data in accordance with the DSGVO.

Please also note the special data protection information that we have provided in our profiles on the various social media platforms. These apply exclusively to data processing within the scope of the corresponding profile. Further information in connection with the linked social media platforms can also be found in the data protection provisions of the respective platform operators.

10. Integration of contents of third parties

Under certain circumstances, we integrate third-party content such as videos, maps, RSS feeds or graphics within the framework of our platform. The integration of these contents requires that the providers of these (hereinafter referred to as “third party providers” ) perceive your IP address, as the contents cannot otherwise be sent to the browser used by you.

We endeavour to only use the content of such third-party providers who use your IP address solely for the purpose of delivering the content. However, we have no influence on whether third-party providers process your IP address for other purposes, such as statistical analysis. If we become aware of such a procedure, we will inform you accordingly within the framework of these data protection provisions.

You have the option of preventing the processing of your data by downloading a browser add-in and installing it in the browser you are using, which blocks Java scripts. You can also deactivate the use of Java scripts in the settings of the browser you are using.

11. Disclosure of data to third parties

We will only pass on your data to third parties if

  • you have given your express consent to this in accordance with Art. 6 Para. 1 Letter a) DSGVO;
    the transfer is necessary in accordance with Art. 6 Para. 1 Letter b) DSGVO for the initiation of a contract or the processing of an existing contractual relationship with you;
  • we are legally obliged to pass on the data in accordance with Art. 6 Para. 1 Letter c) DSGVO;
  • the disclosure is necessary in accordance with Art. 6 (1) (f) DSGVO for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data.
    • 12. Your data protection rights

      As a “data subject” within the meaning of Art. 4 No. 1 of the GDPR, you are entitled to certain indispensable rights (data subject rights). Accordingly, you have the right

      in accordance with Art. 15 DSGVO to request information about which of your data we have stored;
      in accordance with Art. 16 DSGVO to demand the correction or completion of the data we have stored about you without delay;
      in accordance with Art. 17 DSGVO to demand the deletion of the data that we have stored about you, unless this conflicts with a case of Art. 17 (3) DSGVO;
      in accordance with Art. 18 DSGVO, to demand the restriction of the processing of the data we have stored about you, if the conditions of Art. 18 (1) letters a-d) DSGVO are met for this;
      in accordance with Art. 20 DSGVO, to request the transfer of the data we have stored about you in a structured, common and machine-readable format (e.g. as a PDF);
      object to the processing of your data in accordance with Art. 21 DSGVO if it is processed by us on the legal basis of Art. 6 (1) (f) DSGVO (“legitimate interest”) and your objection arises from a specific situation or is directed against direct marketing. In the latter case, you can also object to the processing without any reason;
      to revoke your consent to data processing at any time in accordance with Art. 7 (3) DSGVO;
      file a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.
      You can send your requests, objections or revocations at any time by e-mail to [email protected] or by post to Leila Fertility GmbH, c/o Factory Works GmbH, Rheinsbergerstraße 76/77, 10115 Berlin. Please understand that we must first ensure your identity through a suitable procedure.

      13. Data security, storage location and involvement of service providers

      In order to ensure the best possible protection for your data, we use secure socket layer encryption (SSL) or transport layer security encryption (TLS) on our platform. This encryption ensures that the data you transmit to us cannot be read, diverted or changed by unauthorized third parties during transmission.

      Furthermore, your data will be stored and processed exclusively in appropriately security-certified data centres within the European Union. In this respect, we reserve the right to use various service providers for the storage and processing of your data, but they will only act on our behalf and in accordance with our instructions. We will oblige the service providers we use to take technical and organisational measures that are suitable according to the current state of the art to ensure that your data is processed in accordance with data protection regulations. Under no circumstances will your data be passed on or sold to third parties by our service providers.

      14. Amendment of this privacy policy

      We reserve the right to change this data protection declaration with effect for the future in order to be able to react appropriately to changes in the law, changes in case law or changes in economic circumstances.

      We will notify you in good time of any changes we intend to make to this data protection declaration and make the specific change available to you in full text.

      We will never restrict your rights as a “data subject” within the meaning of the GDPR (data subject rights) by amending this data protection declaration.

      You can access, download and print the current version of the currently valid data protection declaration at any time at www.leila-fertility.com.

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