This Privacy Policy applies to this website (“Site”) and the Cercle.ai’s AI software (hereinafter, the “Software”),  unique AI-based IVF technologies that transform and structure complex, fragmented de-identified data into a comprehensive biomedical graph that connects all stages of IVF to optimize and personalize patient treatments. The Software includes  the Fertility AI Tool and the Predictor AI Tool.

This Privacy Policy is addressed to the users Site and users of the Software (hereinafter, the “User” or “you”), who are the authorized persons of an entity that has an existing license from Cercle to use the Software. With this Privacy Policy, we want to provide you with the information about the processing of your personal data.

This Privacy Policy is effective as of the "Last Reviewed" date indicated at the beginning of this Policy. Cercle may update this Policy from time to time. We encourage you to check for updates and changes to this Policy by checking the "Last Reviewed" date when you access the Software.

1. Who is the Data controller and Contacting Us?

Cercle.AI, Inc. (hereinafter, “Cercle”, “we”, “us”, “our”) is the Data Controller of your personal data collected through the Site and the Software.

Cercle has a representative in the European Union, with the following information:

2. What personal data do we process?

‍‍We collect and process information when you visit our Site, register to use or access the Software, or otherwise interact with us. This includes information you provide, information we receive from other sources and information that we automatically collect (as discussed below).

“Personal Information” is information that, directly or indirectly, identifies you or another individual and which may include: name, title, company name, expertise, postal address, telephone number, email address, browser and device information (including Internet Protocol (IP) address), and information collected through cookies and other similar technologies. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Site, you represent that you have the authority to do so, have provided a copy of this Privacy Policy to the relevant individual, and that they have given their consent for us to use the information in accordance with this Privacy Policy.

Other information we collect and use includes information or data that does not and cannot be used to reveal your identity or that of another individual, such as information which has been fully and permanently anonymized and/or aggregated.  We use this information to facilitate our operation of the Site and the Software and for other purposes described below.

‍a) User’s Personal Data

‍We process User’s personal data when you provide it through the Site or sign up and use the Software. This includes information you provide, information we receive from other sources and information that we automatically collect:

- Personal data needed for granting you access to the Software: username and email address. You are not obliged to provide us with any personal data but if you do not provide us with certain information, we cannot complete your account registration and you may be unable to access our complete services. Account registration information may include the Software licensee’s name, postal address, telephone number and the name, email address and authorized user’s user name and password.

- Personal data you submit in connection with inquiries or calls to Customer Service: name, email address, telephone number.

- Browser and device information (including Internet Protocol (IP) address), and information collected through cookies, pixels, and other similar technologies. Please check the Cookies Policy for more information about the cookies we use.

- Personal data obtained from information-gathering tools, such as log files, cookies, web beacons and similar technologies to automatically collect personal data as you navigate our Site or Software.

- Personal data obtained from Log Files. This collected information may include your IP address (or proxy server), device and application identification numbers, your general location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. This information is used to analyze overall trends, to help us provide and improve our Software and to guarantee its security and continued proper functioning. We also collect IP addresses from users when they log into any "account" sections of the Site or Software as part of our security features.

- Software use information.  Our web servers may collect information including the IP address of visitors to the Software, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform.

‍b) Patients’ personal data

‍In some cases, Cercle may have access to Patient’s personal data, if you do not anonymize the information uploaded to the Software. In these cases, we will use our best efforts to anonymize the Patients’ personal data as soon as possible.

Where we have access to Patients’ personal data protected by the General Data Protection Regulation (EU) 2016/679 (GDPR) or the Health Insurance Portability and Accountability Act of 1996 (HIPAA) please note that Cercle shall process such personal data as data processor, while the data controller shall be such healthcare center. For more information about the processing of the Patients’ personal data, please ask the healthcare center.

User’s Obligation to Anonymize Data: Please note that Cercle processes the User’s personal data as data controller.  While Cercle receives and processes personal information collected through the Site and in the process of authorized users submitting credentials to access the Software, the Software does not require processing of any other data subject’s personal data, in particular, the User’s patients (hereinafter, the “Patients”) personal data. Therefore, YOU UNDERTAKE TO USE YOUR BEST EFFORTS TO ANONYMIZE ALL THE INFORMATION UPLOADED TO THE SOFTWARE, SO THAT WE DO NOT ACCESS TO ANY PATIENT’S PERSONAL DATA.

However, we are aware that in some cases you will be unable to completely anonymize all the information uploaded in the Software. Thus, if we detect any Patients’ personal data, we will use our best efforts to anonymize them as soon as possible. Such data processing activity (the anonymization process) shall be carried out by Cercle acting as data processor, in accordance with the agreement submitted with the healthcare center where you provide your services. Thus, please note that the data controller of the Patients’ personal data shall be such healthcare center.

3. Purposes, lawful basis, and retention period

a) Users’ personal data

b) Patient’s personal data‍

We will process Patients’ personal data only if you share information with us that is not completely anonymized. We will process the Patients’ personal data only to anonymize it, with the aim of processing only de-identified information. We will not keep any Patients’ personal data.Once information has been anonymized, it is no longer considered personal data. We use this anonymized information to improve the algorithm of the Software, for statistics and for research purposes.

4. Cookies and tracking

We use cookies and similar technology to collect aggregate (non-personal) information about Site usage by all of our visitors and to help us remember you and your preferences when you revisit the Site. These cookies may stay on your browser into the future until they expire or you delete them. We also use technology to facilitate the operation of the Site. These cookies usually are erased when you close your browser window. Further general information about cookies and how they work is available at www.allaboutcookies.org.

We may allow selected third parties to place cookies through the Site to provide us with better insights into the use of the Site or user demographics or to provide relevant advertising to you. These third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our website. We may also permit third party service providers to place cookies through our Site to perform analytic or marketing functions where you are notified of them and you have consented to the usage.

We do not control the use of such third party cookies or the resulting information and we are not responsible for any actions or policies of such third parties. We do not currently use technology that recognizes a “do-not-track” signal from your web browser.

We have described the specific types of cookies placed by our Site and the purposes they perform in the table below:

How to Control Cookies
When you first access our Site from certain jurisdictions, you will receive a message advising you that cookies and similar technologies are in use. By closing the message, or continuing to browse the Site, you signify that you understand and agree to the use of these technologies, as described in this Cookie Policy.

You do not have to accept cookies and consent can be withdrawn at any time, although you may not be able to use certain features on the Site. You can do this by clicking the appropriate opt-out provided in the cookie table above or by activating the settings on your browser that allows you to refuse all or some cookies.

Please follow the links below to helpful information for the most popular browsers:

Microsoft Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies

Google Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en

Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Apple Safari: https://support.apple.com/kb/PH21411?locale=en_US

In addition, you can exercise advertising cookie choices by visiting:

http://www.aboutads.info/choices/,

http://www.networkadvertising.org/choices/; or

http://youronlinechoices.com/.

5. To whom will the personal data be disclosed

‍We may disclose the personal data:

- At your direction, with your consent, or to help complete a transaction for you;

- To the healthcare center where you provide your services, if needed to provide our services related to the license agreement of the Software;

- To Service providers required for the proper functioning of the Software or providing services on our behalf such as analyzing data, providing marketing assistance, providing customer service, or processing orders, and with whom we have submitted the corresponding data processing agreements, to grant that the personal data are processed according to the applicable data protection regulations;

- To companies of the same group, located within the European Union, who need to access the Patients’ personal data for the anonymization process;

- To companies of the same group, located outside the European Economic Area; where personal information is exported from the EEA we will comply with data export restrictions;

- If the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets);

- When required by Law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others.

6.  Children’s Privacy

‍Neither this Site nor the Software is designed nor intended to be attractive to use by children under the age of 13.  We do not knowingly collect information from children under the age of 13.  If you are under 13 please do not submit any information to us.

7.  Accessing your information and your choices

‍You can update, amend or delete your information or your account at any time by logging into your account. You can close your account at any time by logging in and making the appropriate selection.

You can choose not to receive emails from us by “unsubscribing” using the instructions in any email you receive from us.  This will not stop us from sending emails about your account or your transactions with us.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites.  If you block cookies performance of the Site may be impaired and certain features may not function at all.

8. Security

‍‍We use reasonable technical, administrative and physical measures to protect information contained in our system against unauthorized access, destruction, misuse, loss or alteration.  We may use standard encryption technology to protect information being transferred to our Site, but no method of electronic transmission or storage is 100% secure.  If we receive instructions using your log-in information we will consider that you have authorized the instructions.

9. Does the personal data leave the European Union, EEA or UK?

‍We retain the personal data submitted by Users within the EEA and the United Kingdom on servers located in the European Union, and we will not share this personal data with third parties located outside the European Union without first complying with cross-border data transfer regulations.  We also maintain personal data submitted by Users outside the EEA on servers located in the United States.

10. Notice to Users in the EEA and United Kingdom: Your rights and how to exercise them

‍‍You have the right of access, rectification, and erasure of your personal data, the right to object or limit the processing and the right to request the portability of your personal data.

For the exercise of these rights, you can contact the Data Privacy Officer by sending an email to info@cercle.ai.

Please be informed that you have the right to lodge a complaint before the corresponding supervisory authority or to our lead supervisory authority Agencia Española de Protección de Datos, C/Jorge Juan, 6, 28001 Madrid, Spain; +34 901 100 099 / +34 91 266 35 17; www.aepd.es.

11. Notices to California Residents

‍Your California Privacy Rights.  California residents with an established business relationship with us are permitted by California law once a year to request information about the manner in which we shared certain categories of information with others for their marketing purposes during the prior calendar year. We do not share your information with third parties for their direct marketing purposes.California Consumer Privacy Act Notice.  At this time Cercle is not required to comply with the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA). We will update this Privacy Policy when we qualify for coverage under the CCPA.

12. Notice to Nevada Residents

‍We do not transfer personal information for monetary consideration.  If you would like to tell us not to sell your information in the future please email us at info@cercle.ai with your name, postal address, telephone number and email address with “Nevada do not sell” in the subject line.

13. Notice to Colorado, Connecticut, Florida, Montana, Oregon, Texas, Utah, and Virginia, Residents

‍‍We are currently not subject to the Colorado Privacy Act, the Connecticut Personal Data Privacy Act, Florida Digital Bill of Rights, the Montana Consumer Data Privacy Act, the Oregon Consumer Privacy Act,  the Texas Data Privacy and Security Act, the Utah Consumer Privacy Act, or the Virginia Consumer Data Protection Act. If we become subject to any of these laws in the future we will update this Privacy Policy accordingly.

14. Links to other sites

‍We may permit others to link to this Site or to post a link to their site on ours. We do not endorse these sites and are not responsible for other sites or their privacy practices. Please read their privacy policies before submitting information.