Privacy Policy
Pearl ® is a registered trademark in the US, the EU, and Canada licensed to Colorimetrix, Inc.
This is the Privacy Policy of Colorimetrix. Colorimetrix consists of Colorimetrix, Inc. and Colorimetrix GmbH. For the purposes of data protection law Colorimetrix GmbH is the company that controls the processing of your personal information. Colorimetrix uses trusted partners to operate this site. This Privacy Policy page was translated from the English for your convenience. The English version is binding.
This policy explains how Colorimetrix and our trusted partners process your personal data when you use the Sites, the App, buy Products from our Shop, or in general access our Services. By disclosing your personal information to Us by using our App, Sites, or Shop, collectively our Products and Services and/or by communicating with Us, you consent to the collection, storage and processing of your personal information as stated in this Privacy Policy. By using and/or accessing our Services and/or Products you explicitly confirm that you understand and agree with our Privacy Policy. This policy tells you what to do if you do not want your Personal Information collected when you use our Products or Services. It also tells you how you can request, correct, delete, or object to use of your Personal Information in the future.
Colorimetrix reserves the right to change this policy without notifying you in advance. Colorimetrix will post any new or amended policy here, please visit this page frequently to stay informed. If you do not agree with any term in this Privacy Policy, please do not provide any Personal Information when using our Products or Services.
Definitions used in this Privacy Policy:
App: means the Pearl Fertility App as available for download from the App Store and Play Store and its Software.
Product: means the Pearl Fertility Test Strips and the Pearl Fertility Kit or Box as available for purchase on our Sites, or any other non-digital Product purchased from our Sites or the App Store or Play Store.
Service: means the use of the App and our Sites
Sites: means www.pearl-fertility.com, www.colorimetrix.com, all subdomains at these domains, and information published by Us in social media channels including but not limited to Linkedin, Facebook, Twitter, Instagram, YouTube, Google AppStore, Google PlayStore, and any reference to Sites that include these channels
Shop: means online shops available on our Sites
Terms: means our Terms of Use
Us, We: means Colorimetrix consisting of Colorimetrix, Inc. and Colorimetrix GmbH
User, You: means anyone using our App, Product, Service, Shop or Sites
Support Inquiry: a request by You to Us to provide you with help or assistance using the Product or Service
Collection of personal information
Here we detail which data we collect from you.
When you use our Service, among the personal data we may collect from You, given You provide them to Us, are personal identifiable information:
- your email address
- your telephone number
- first and last name
- age and/or date of birth
- postal address (for delivery of goods)
We may also collect personal data in no association with your name or contact details (anonymously) such as:
-pregnancy plans
-use of hormonal or other contraceptives
-intercourse history
-ovulation test results
-hormonal levels test results
-pregnancy test results
The Service can also request to get access to your device’s camera with the purpose of recording information on hormonal test strips. The output of the Services, such as your fertility state and ovulation, are stored anonymously (i.e. not associated with your personal identifiable information).
In an ongoing effort to improve our Service, additional personal data may be collected anonymously from You (i.e. not associated with your personal identifiable data) via the Service. This may include location, IP, operating system, hardware type, or browser type and usage. Additional personal data may be collected from you not listed here. In such cases, we will notify you when the personal data collection takes place.
Our Service may also collect information using “tags”, these may be shared with our trusted partners who directly support Us with analytics, promotional activities, and website development. The data collected using “tags” is not personally identifiable, but it could be linked to your personal data.
Information you submit or post as user-generated content to our Sites or social media platforms may become public information. We cannot prevent other users from using such information in a manner that may violate this policy, the law, or your personal privacy and safety. We are not responsible for the use of such postings.
Use of personal information
Here we list for what purposes is the personal data used.
We may use your personal information for the following purposes:
- to manage and administer the Service we provide to You
- to assist in and administer the use of our Products and Service
- where We have your consent, to send You newsletters and other relevant and targeted communications
- to deal with enquiries, complaints and feedback from You
- to generate statistical anonymised information about Our users for third parties or publications
- to investigate any suspected breaches of Our Terms and Conditions or the breach of any other policies and rules applicable to You
General
We will not share your personal data with third parties without your permission, except in the limited circumstances provided below. Personal data collected from you may be shared only in anonymised form with our affiliates, agents and business partners, to ensure the provision of the Services and improve our Products. We may disclose your personal data in order to comply with a legal or regulatory obligation, if we reasonably believe that this is required by law, regulation or other legislation, or in order to protect and defend Us, our business partners or users’ rights and interests.
Our Services and Support
By using our Service you consent to Us using your personal data in order to provide you with the Service, administer your data, follow up on your use of our Service, follow up on the functionality of the Service, and to improve our Service. This includes, but is not limited to, processing and analysing of your personal data linked to your reproductive health (e.g. menstruation date, test strip results, fertility status), in order to inform you of, or follow up on, information related to pregnancy or difficulties becoming pregnant, reaching out to you via in app messages or otherwise, and to fulfil reporting obligations pursuant to medical device rules or other applicable regulatory requirements.
In order to respond to User support inquiries or technological issues or problems, We might be required to access your Personal Data, which will be conducted in a controlled manner. By submitting a User inquiry, you give your consent that We can access your Personal Data for the purpose of responding to your Support Inquiry. In the case that You do not consent to this, you need to formally state this in the Support Inquiry.
Please be aware that if you unsubscribe from our mailing list for promotional purposes you will still receive answers to your questions sent to our Support Agent but you will not be receiving promotional emails.
Personal information storage
Here we state where we store the personal data we collect from the users.
The personal information that We collect from You might be transferred to, and stored in the European Economic Area (“EEA”). By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.
At times, some of your personal data may be transferred and processed in the United States or any other country (some of which will be outside the EEA), in which We, our affiliates, subsidiaries or service providers maintain facilities, but we will always apply safeguards to protect your personal data from unauthorized disclosure. By using our Services you consent to any such transfer of personal data outside the EEA. We may also transfer your personal data in the event that our business (or part of it) is sold (e.g. as part of a merger or acquisition).
Personal information disclosure
This explains that we do not pass personal information to others for promotional activity.
Except as set out below and to the extent required by any applicable law or governmental or judicial body, we will not disclose your personal information to any third party.
We use the personal information collected from You to provide Services and Products to You. We will not rent, sell or share your personal information with any third party for its own marketing purposes without your consent. We take all reasonable measures to ensure your private data is kept secure.
The payment information you provided will be passed on to and processed by Our third party payment gateway providers. We do not store or collect the payment information.
We may pass your personal information to Our employees and agents and selected service providers of Us under the same conditions that are defined in this Privacy Policy.
We may provide general statistical information about Our users on an anonymised aggregated basis. Such data will not include information personally identifying you.
We may disclose your personal information to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of our Terms of Use and/or the breach of other terms and conditions otherwise relating to you or otherwise required by law. We will cooperate with law enforcement agencies and will comply with any court order requesting or directing us to disclose the identity of (or personal information relating to) any user breaching our Terms of Use and/or the breach of other terms and conditions otherwise relating to such user or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders.
Payment
Here we explain what happens with your payment data.
If you choose a direct payment gateway to complete your purchase, then the indicated payment provider stores your payment data, such as credit card, debit card, or bank account details. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted unless specified otherwise by You or the payment gateway provider.
You understand that by using an internet connection your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks.
Certain third party service providers, such as payment gateways and transaction processors, have their own privacy policies and terms of use in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies and terms of use so you can understand the manner in which your Personal Identifiable Information will be handled by these providers.
Certain providers may be located in or have facilities that are located in a different jurisdiction than either You or Us. If you elect to proceed with a transaction that involves the services of a third party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Data processing security
Here we outline the security measures we take in relation to processing of your data.
General security
The security and integrity of your personal data is important to us. Therefore, we use generally accepted industry standards, technologies and procedures, such as firewalls, security software, encryption software, etc., in order to protect the integrity of your personal data and to prevent any unauthorized access. However, no system can be 100% secure and despite our efforts, there is always a risk of unauthorized access to your personal data. By using our Services, you understand and are aware of this risk.
If you share any of your Personal Information as stored or displayed in our Service to any third person (e.g. a partner) you accept and agree that you have done so at your own sole risk. We will be in no way responsible for any unauthorized release of Personal Information from unless such information is released on purpose or by gross negligence by Us or any of our employees and/or partners.
Third Party Service Providers
We may provide access to third party tools and content as well as links to third party websites on the Sites and Shop over which we have neither control nor input. You acknowledge and agree that we provide access to this “as is” and “as available” without any warranties or endorsements, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools, content or links to third party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Your rights
Here we outline what you can ask Us at any time.
You have the right to ask what personal data that we hold about you, or request us to delete your data, or revoke consent. You have a responsibility to keep your personal data up to date. If you are not able to keep your personal data up to date, you have the right to ask Us to update and correct any out-of-date or incorrect personal data that we hold about you. At your request, We are obliged to provide you with a notification, free of charge, of whether personal data concerning you is processed or not as well as have the use of your personal data restricted or your personal data deleted. You also have the right to object to the future use of your personal data, and to receive your personal data You have provided to Us. If you wish to exercise these rights, please contact us using the contact details specified below. An application shall be made in writing to the contact information provided in this Privacy Policy with a description of your request and must contain identifiers that allow us to associate You with the information We collected from You (e.g. email, App ID, etc).
Please note that after deleting your personal data you might not be able to use our Services unless re-registering or re-entering the data necessary for the Service.
Cookies and analytics
Here we explain what cookies are and how we use them.
Cookies policy
Our Service uses cookies and usage analytics. Cookies and usage analytics are used by most websites and allow Us to recognize your computer when visiting our Sites and Shop again. Cookies are a feature of your Internet browser software and store data about the use of websites on your computer. You can specify in your browser software how your computer is to accept cookies.
The types of cookies that we use can be grouped as:
Strictly Necessary Cookies
These cookies are necessary for the Sites, Services and Shop to function. They are usually only set in response to actions made by you which amount to a request for services, such as logging in, keeping track of items added to the cart or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Sites, Services and Shop will not work without cookie access. These cookies do not store any personally identifiable information.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Sites, Services and Shop. They let us know which pages are the most and least popular and see how visitors move around the Sites and Shop. All information that these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our Site and Shop and will not be able to monitor the performance of our Services.
Functionality Cookies
These cookies enable the Sites, Services and Shop to provide enhanced functionality and personalization. They may be set by Us or by third party providers whose services we have added to our Sites, Services and Shop. If you do not allow these cookies, some or all of these services may not function properly.
Use of anonymized information
We define “Anonymized Information” as any information about the User that is provided to Us but from which it is not possible to identify the User. Each User of the Services grants Us and our affiliates, sublicenses, partners, designees, and assignees of the Services (collectively the “Service Licensees”) a non-exclusive, royalty-free, sub-licensable, and transferable right to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, communicate to the public, and otherwise utilize and exploit a User's Anonymized Information and anonymized information about a User’s use patterns of the Services:
(a) to improve the Services or the functionality of the Sites or Shop; and
(b) for clinical studies and aggregated research, including, but not limited to, scientific research that may be undertaken by third parties who wish to study data collected by Us.
For clarification, Colorimetrix regularly uses Anonymized Information for the purpose of performing scientific studies, improving our Products and Services and compiling data for scientific articles, conferences, books etc.
Changes to our privacy policy
We reserve the right to amend this Privacy Policy. Any changes We may make to our Privacy Policy in the future will be posted on our Site and might be notified to you by email.
Contact
Questions, comments and requests regarding this Privacy Policy or exercise of your rights should be addressed to: info@pearl-fertility.com
Colorimetrix’s postal addresses:
2093 Philadelphia Pike #3003, Claymont, DE 19703, USA
c/o WeWork, Oskar-von-Miller-Ring 20, 80333, Germany
Colorimetrix’s website:
Last updated: 05/05/2020