OUR COMMITMENT TO YOU
At California Cryobank, your privacy is our top concern. Please contact us any time with questions or comments about our privacy practices here or by mail at the address listed in the "What if I have questions about my Personal data or your privacy practices?" section.
- Explain how California Cryobank collects, uses, and discloses Information about you;
- Help you understand your choices and options for updating or removing Personal data (also, "Personal Information", "Data" or "Information").
Except as otherwise noted, California Cryobank is a data controller (as that term is defined under the EU General Data Protection Regulation), which means that we decide how and why the Information you provide to us is collected, processed, and stored.
WHO IS COVERED BY THIS POLICY
WHERE THIS POLICY APPLIES
We offer a range of websites and services, including those related to, but not limited to, providing donor semen, donor eggs, stem cell storage and processing, cryogenic preservation, and biostorage. We refer to all these services collectively, together with any other California Cryobank products, websites, and apps, as "Services" in this policy.
CHILDREN’S ONLINE PRIVACY
California Cryobank does not knowingly collect data from children under 13, and in the EEA under 16. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, that parent or guardian should contact us. If we become aware that a child has provided us with personal information, we will delete such information from our files.
INFORMATION WE COLLECT
We have provided the links below to help users understand how we collect and use their information. The Information (or "Data") that we gather can generally be categorized as either anonymous or personally identifiable.
- How do we use anonymous, non-identifying Information?
- How do we use your Personal Information?
- How do we track and collect your Data?
- How do you opt out of emails and other marketing communications?
- How do you access, correct, modify, port, or remove your Personal Information?
- How do you close your account and what Information is retained?
- How do we secure your Personal Information?
- General data protection regulation (GDPR) recourse for EU individuals
- What is the EU-US & SWISS-US Privacy Shield and does it apply to you?
- What else should you know about your online privacy?
- What if I have questions about my personal data or your privacy practices?
1. HOW DO WE USE ANONYMOUS, NON-IDENTIFYING INFORMATION?
Anonymous (also referred to as "aggregate") data does not contain personally identifying Information. This Information may be used to measure or identify certain behavior patterns on our websites, such as the number of visits to a web page, most popular devices or operating systems, country of origin, average time spent on the website, viewed web pages, and more.
If we do combine Anonymous Information with Personal Information, the combined Information will be treated as Personal Information, as long as it remains combined.
2. HOW DO WE USE YOUR PERSONAL INFORMATION?
Personal Information includes any personally identifiable Information like your IP address or purchase history, which we may collect automatically through Technologies, or Information that you provide us, such as your name, address, email address, phone numbers, payment information, photographs, Social Security number, or any combination of Information that could reasonably be used to identify you. Please note that if you contact California Cryobank for any reason, we may keep a record of that correspondence.
General ways in which we use your information may include, but are not limited to:
- Using your Information to respond to requests;
- Using your Information for internal purposes, such as auditing, data analysis, and research, to improve California Cryobank's products, Services, and customer communications;
- Contacting you with promotional or informational emails that might be of interest if you opt in to receive them. You have the right to opt out of these emails by selecting the "unsubscribe from all future emails" link in the marketing emails we send you;
- Contacting you or providing you with general health Information (like Information on certain health conditions) as well as Information about our products and Services;
- Asking you for personal information when you answer a survey or quiz, or enter a sweepstakes, contest or promotion sponsored by California Cryobank on our websites or through social media channels, including Facebook, Instagram, Twitter, etc.;
- Using our best judgment, we may disclose to your spouse, family member, or any other person you identify, information related to your services received from us. If you do not want these disclosures made, it is your responsibility to notify us;
- When you report a problem with one of our sites or Services.
General ways in which we share your information may include, but are not limited to:
Sharing your Personal Information with agents, contractors, or partners of California Cryobank, in connection with services that these individuals provide to us, in order to improve our products and services and develop new ones. Please note that:
- These agents, contractors, or partners are restricted from using your Personal Information in any way other than to provide Services for California Cryobank, or Services for the collaboration in which they and California Cryobank are engaged;
- Disclosing Personal Information to respond to legal requirements, to enforce our policies or federal regulations, or to protect anyone's rights, property or safety.
- We may disclose to the FDA health information relative to adverse events with respect to product and product defects or post marketing surveillance information to enable product recalls, repairs or replacement;
- As required by law, your health information may be used or disclosed for public health activities such as assisting public health authorities or other legal authorities to prevent or control disease, injury, disability or for other health oversight activities.
Here are some, but not all of, the common ways in which we may collect, use, and/or share Information for each Service:
Donor Sperm & Biostorage
Registration & Account LoginIn order to use our Services, we require certain Personal Information. When you register, you will no longer be anonymous; you will be considered a client. You may also be asked to set a security question or use a password to access your account online. You will also be required to provide security answers for authentication purposes when you log into your account. Our registration forms will specify the Information that you must provide, which may include, for example, your legal name, email address, and date of birth. You may edit this Information at any time in your online account or call us to have it updated. We collect this Information in order to provide you with our Services. Once you register, you are no longer anonymous to California Cryobank.
Billing & Credit Card Information
If you decide to participate in any of our Services, you may be required to provide billing Information (such as credit card or debit card Information). Please note that CCB does not directly collect or store your financial Information – instead we use a reputable third-party company (the "Payment Processing Company") to collect and process your payment Information.
When you place an order for any of our businesses, we send you an invoice and/or email confirmation so that you may reference or print any orders you have placed. This may require us to collect Information, including name, email, contract or customer number, or shipping address. This invoice may also be stored in your order history (where applicable). We may also reference these orders at any time in order to help you resolve account issues.
In addition to the Personal Information collected at registration, you have the option to provide us with other Information that will be required if you choose to proceed with a purchase. For example, we would require your address if you wish to place an order to store or ship donor sperm or donor eggs.
For some of our businesses, we provide users the option to renew their storage accounts online. The Information we may need to collect in order to process your storage renewal includes your country, customer number, storage contract number, legal name, billing Information, and contact Information.
Pregnancy, Birth, or Loss Reports
When you submit a pregnancy report (also called an "outcome of insemination report"), you will be asked to provide certain Personal Information, including your name and email address, along with health Information relating to your insemination procedure. We collect this Information to help us track donor pregnancies and to provide customers with medical updates on donors or donor offspring. We may also share this information with our stem cell services division.
Our bulletin boards are hosted on third-party software called "Vanilla Forums." At the user’s request, Vanilla Forums uses the email and password with which they registered on Cryobank.com to log them into the bulletin boards.
A Screen Name is created by a user. It is the user’s responsibility to use a unique screen name that doesn’t reveal personally identifiable information. Users may edit their screen name at any time.
An IP Address is collected by Vanilla Forums to identify users that may abuse the forum by using spam. Admins may block an IP address to prevent a user from spamming the forum.
Sibling RegistryCustomers with reported pregnancies or births have the option of signing up for our Sibling Registry. California Cryobank uses Information submitted to confirm data subject status (for individuals who placed orders directly with us) and shipment of vials. If inseminations are done at a physician’s office, we cannot confirm the actual use of the specimen and/or resulting pregnancy. Individuals also may have opted to place orders through their physician. These individuals do not have their own CCB account number. In this case, we are only able to verify the physician’s account number and the approximate date of vial purchase.
Success Stories & Featured PhotosSome users may choose to submit a photo of their family or their child and a testimonial for use on any of our websites or in any of our promotional materials. You agree that you will not search for or seek out clients featured on our website, nor use their likenesses for any purpose. This includes sharing images in Facebook pages or groups (or other digital or social media channels), via email, forums, or other channels. Users may contact us any time to have their photo or story removed from our website.
Website User TestingIn order to improve new features and Services, we sometimes engage in website user testing. We will collect user names and email addresses, as well as device types, to set up user testing sessions. After user testing is complete, we may ask for a user’s address to ship items like gift cards. Once user testing is complete, we store a recorded voice or video recording of the user testing session. Users may contact us any time to have these recordings deleted or removed from our servers.
Personal Information & Health Records
The personal information and medical information, collectively "Health Information", that may be provided to us by your fertility practice is private and confidential. While we are not a healthcare entity, we are required by law to maintain the privacy of consumers’ Health Information.
You have the right to request a restriction on certain uses and disclosures of your information as provided by applicable law, inspect and copy the information we received from your healthcare provider as provided for by applicable law, request an electronic copy of your electronic file with us, request to amend the information we have on file with you as provided by applicable law, obtain an accounting of disclosures of the information we received as provided by applicable law, notify us if we may NOT disclose information to a spouse, family member or other person you have authorized, request communications of the information we have received by alternative means, revoke your authorization to use or disclose the information we have on file except to the extent that action has already been taken, or transmit copies of your information to third parties when requested by you, in writing.
We may disclose information on the phone voice mail that you have provided us. We attempt to leave the minimal information necessary unless you have authorized the security of your voice mail. After coordinating with your fertility practice, we may also send you information to the address provided in case we need to notify you of an adverse outcome from either the donor or offspring of the donor in the future.
Assured Refund Plan
Your fertility practice may share your health information in the attempt to authorize you to participate in the Assured Refund Plan. While we request a standard template amount of information, it is sometimes necessary for us to request operative reports, among other items to confirm a decision to participate in the financial plan. We will ensure the security of this information in good faith.
Registration & Login
In order to use our Services, we require certain Personal Information. When you register, you will no longer be anonymous; you will be considered a client. You may also be asked to set a security question or use a password to access your account online. You may also be required to provide security answers for authentication purposes when you log into your account. Our registration forms will specify the Information that you must provide, which may include, for example, your legal name, email address, and date of birth. You must call us to have this information updated. We collect this Information in order to provide you with our Services.
If you choose to enroll, we may ask for certain Personal Information, including, but not limited to, your name, mailing or shipping address, fertility practice, physician name, nurse coordinator, e-mail address, date of birth, and phone numbers. Once you enroll, you are no longer anonymous to us and are considered a client.
When we process any transactions applicable to your match, we will send you an invoice and/or email confirmation so that you may reference or print your transaction information. This may require us to collect Information, including legal name, email, contract or customer number, mailing address, or physician shipping address. We may also reference this information at any time in order to help you resolve account issues.
Care & Outcome Information
Members of the staff or members of the quality improvement team may also use information in your health record to assess the care and outcomes in your case and others like it. This information will then be used in an effort to continually improve the quality and effectiveness of the services we provide.
Quality Control & Regulatory Reporting Requirements
We may disclose your information in a de-identified way for quality control and regulatory reporting requirements. For example, among other items, the embryological development of embryos, uterine lining, and pregnancy outcome are captured which allows us to identify quality trends. We may also share your name with the donor’s retrieval clinic for their tracking of tissue and for purposes of ensuring the appropriate tissue is shipped.
We may disclose information to researchers after we have reviewed the research proposal and established protocols to ensure the privacy of your information.
Potential Sperm Donors & Egg Donors
Donor Information Application & Donor Portal
If you intend to become a donor, including online or over the phone, you will be asked to provide certain health-related, social, and family-specific information prior to and throughout the donor qualification process. This may include, but is not limited to, your medical history, including pre-existing conditions, social information, and other health-related Information.
This information may be collected over the phone, via email, and/or the donor application and the donor portal. We will use the provided health Information for the purposes of providing our Services and communicating important, non-identifying updates to clients. In addition, you will be asked to create a donor profile, which will include, but is not limited to, photographs of yourself, religious and educational background, ancestry, and your interests and hobbies.
In the event that we have access to HIV-related information, genetic information, mental health records and other specially protected health information, it should be noted that this health information may be subject to certain special confidentiality protections under applicable State and Federal law. Any disclosures of these types of records will be subject to these special protections.
Any identifying information collected is strictly confidential and is never released without your written consent. For more information regarding confidentiality of our donors, please refer to our sperm donor confidentiality or egg donor confidentiality policies.
When you request Information from us, we may ask for your name, email address, due date and other Information that will help us assist you. Some Information is required while other Information may be optional. We will use this information to email you or snail mail you the requested information.
If you choose to enroll, we may ask for certain Personal Information, including, but not limited to, your name, mailing address, e-mail address, credit card number, phone number and government-issued identification number, as well as certain health-related Information. This may include the expected due date, your health care plan, delivery hospital and doctor, midwife, or other medical professional. Once you enroll, you are no longer anonymous to us and are considered a client.
Friend & Family Referrals.
When you refer a friend or family member, we may collect the Information you provide about that person, such as name, mailing address, email address and phone number. We may use that Information to reach out to and communicate with the person you referred. It is their responsibility to provide the correct Information to us. We will then use that information to communicate with them.
If you sign up for our gift registry, we may use and/or display your full name, state and expected due date to personalize your information on our gift registry site and/or in an email that we may send on your behalf, announcing your CBR gift registry.
If you sign up to receive alerts to track your newborn stem cell collection kit, we will use the email address and/or mobile cell phone number you provide when signing up to track your kit for the sole purpose of providing you with tracking information about your collection kit.
Billing & Credit Card Information
If you decide to participate in any of our Services, you may be required to provide billing Information (such as credit card or debit card Information). Please note that we use a reputable third-party company (the "Payment Processing Company") to collect and process your payment Information.
We provide users the option to renew their stem cell storage accounts, online or over the phone. The Information we need to collect in order to process your stem cell storage renewal include, but may not be limited to, your country, customer number, storage contract number, legal name, billing Information, and contact Information.
If you take one of our surveys and indicate that you want to receive more information about a product or Service, your first name, last name, and email address will be used to email you the requested information.
If you enter into a sweepstake, contest or similar promotion, we may use the information you provide to administer that program and as otherwise set forth in the sweepstake/contest rules.
3. HOW DO WE TRACK AND COLLECT YOUR DATA?
In order to improve our Services and website experiences for users, we track and collect Information about consumers’ behavior and use of our websites across all of our systems using various technologies ("Technologies"), including, but not limited to, cookies, tags, and other online tracking technologies, marketing automation tools, retargeting and remarketing tools, A/B testing tools, third-party ad networks, and more.
We may use these types of Technologies to help us do various things, like analyzing which parts of the site are most popular to visitors, measuring the effectiveness of online advertisements, identifying lifestyle interests and demographic information, gaining customer insights, etc.
Consumer information remains anonymous and is considered aggregate information until it is shared it with us voluntarily, for example, by registering for an account, completing a lead magnet, filling out a contact form, enrolling in a storage program, signing up to receive emails, purchase donor information or vials, etc.
Cookies are files that web servers place on an Internet user’s computer that are designed to store basic Information (such as visitor preferences).
Cookie technology remains a fundamentally important part of how we customize users’ online experiences. Cookies allow us to collect and store basic Information about people’s visits to our website, so that we can help improve consumers’ online experiences.
Tags are tiny snippets of third-party code that are inserted into our website and which may be used by various Technologies to track the online movements of our web users.
Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages.
Third-Party Ad Networks
We partner with third-party ad networks to manage our advertising on other sites and gain audience insights. These third-party ad networks may include Google and various others. We utilize Google Analytics features based on Display Advertising (which may include but are not limited to: Google Analytics Demographics and Interest Reporting, Remarketing, Google Display Network Impression Reporting and DoubleClick Platform integrations).
We and our third-party ad server will collect and use your IP address and certain aggregate Information about you, such as your browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether or not you responded to a particular advertisement.
Using Google's Ads Settings, you can opt out of Google Analytics for Display Advertising and customize Google Display Network ads.
Additionally, the Digital Advertising Alliance (DAA), Network Advertising Initiative (NAI), and EDAA provide opt-out tools so that consumers can choose not to receive targeted advertising from any NAI or DAA affiliates:
Please note that using any or all of these tools will not necessarily turn off all internet advertising, but they may help reduce advertising targeted at you based on your web browsing activity. Please be sure to do your research and review their policies before using these sites. You agree that you are solely responsible for your use of these sites and any Information you share with them, and that we are exempt from any responsibility with regards to your use of the site. We have no affiliation with these organizations, nor can we vouch for their accuracy or efficacy. We are simply letting you know these tools exist, so you can decide whether or not to use them.
4. HOW DO YOU OPT OUT OF EMAILS & OTHER MARKETING COMMUNICATIONS?
We may occasionally send you email or direct mail about products and Services that we feel may be of interest to you, or that you have requested. We offer recipients the opportunity to opt in to and opt out of future marketing communications via our marketing emails or via direct requests.
5. HOW DO YOU ACCESS, CORRECT, MODIFY, PORT, OR REMOVE YOUR PERSONAL INFORMATION?
California Cryobank acknowledges that data subjects have the right to request access, correction, modification, portability, and removal of their personal Data. Clients may be able to update or edit most of their Personal Information online. To remove, update, or correct Personal Information that is not editable or accessible online, data subjects must call Client Services. Changes will be made as permitted by applicable law in section #6.
If records or Personal data are requested, we are happy to provide that Information. Please contact Scott Brown: sbrown (at) cryobank.com and allow for up to 30 days to fulfill your request.
For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
6. HOW DO YOU CLOSE YOUR ACCOUNT AND WHAT INFORMATION IS RETAINED?
We keep your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law.
You may request account closure at any time – please email Scott Brown: sbrown (at) cryobank.com. Please allow for up to 30 days to fulfill your request.
In practice, we can close your account and remove your information, unless:
- We must keep it to comply with applicable law;
- We must keep it as evidence of our compliance with applicable law;
- There is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
- For the purposes of public interest as it affects other persons, such as other clients or donor offspring. This Information may include, but is not limited to, reported pregnancies for sperm or egg donors, or a donor’s medical or genetic history.
7. HOW DO WE SECURE YOUR PERSONAL INFORMATION?
California Cryobank takes precautions, including, but not limited to, technical, organizational, and physical security measures to safeguard your Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
California Cryobank uses a variety of means to protect website users’ Personal Information, including any Information we receive from your healthcare provider. However, no server is 100% secure, and you should take this into account when submitting Personal Information about yourself on any website, including this one. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. In the event of a data breach, we will notify you without undue delay.
Please keep in mind that your password is the key to your online account. Use unique numbers, letters, and special characters, and do not disclose your password to anyone. If you do share your password, remember that you are responsible for all actions taken using your account, and we will treat that person as "you." If you lose control of your password, you may lose substantial control over your Personal Information or your account and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.
8. GENERAL DATA PROTECTION REGULATION (GDPR) RECOURSE FOR EU INDIVIDUALS
EU individuals with privacy complaints pursuant to GDPR have the right to lodge a privacy complaint with the appropriate supervisory authority. Please go to http://ec.europa.eu/justice/article-29/structure/dataprotection-authorities/index_en.htm for more information on how to locate your DPA and file a complaint.
9. WHAT IS THE EU-US & SWISS-US PRIVACY SHIELD AND DOES IT APPLY TO YOU?
California Cryobank complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union and Switzerland to the United States, respectively. California Cryobank has certified to the Department of Commerce that it adheres to the Privacy Shield principles.
In compliance with the EU and Swiss Privacy Shield Frameworks, CCB acknowledges those individual’s right to access the personal that is transferred under the Privacy Shield. EU and Swiss individuals wishing to access that right may do so by referencing section #5 within this policy, "How do you access, correct, modify, port, or delete your information?"
Pursuant to the Privacy Shield Frameworks, we are obliged to inform EU and Swiss individuals that we may be required to disclose an individual's Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the Privacy Shield Frameworks, CCB is potentially liable unless we can prove we were not a party to the actions giving rise to the damages. California Cryobank is subject to the regulatory and enforcement authority of the United States Federal Trade Commission (FTC).
Attention Legal/Privacy Officer
11915 La Grange Avenue
Los Angeles, CA 90025
California Cryobank has further committed to refer unresolved privacy complaints under the EU-US and SWISS-US Privacy Shield principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more Information and to file a complaint.
Finally, under last resort and in limited circumstances, EU and Swiss individuals with residual complaints may invoke a binding arbitration option before the Privacy Shield Panel.
10. WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
11. WHAT IF I HAVE QUESTIONS ABOUT MY PERSONAL DATA OR YOUR PRIVACY PRACTICES?
If you have any questions regarding your Personal data or our privacy practices, please contact California Cryobank online or via snail mail at:
Attention Legal/Privacy Officer
11915 La Grange Avenue
Los Angeles, CA 90025