Privacy Policy


The aim of our privacy policy is to provide you with information about:


  • personal data which is collected or processed while you are using the Website, mobile app, and digital tools (hereinafter “the Tools”),  

  • the ways in which your personal data and special categories of personal data are used and protected,

  • your rights concerning your personal data, and

  • how to contact us to exercise your rights.


You should read this privacy policy if you are an Apricity patient, the partner of a patient, or if you visit our website at www.apricityfertility.com (the “Website”). This privacy policy also includes information about how Apricity processes business contact information for business administration and business-to-business marketing purposes.


 

1. Introduction


We are the next generation fertility clinic who has reimagined fertility care - maximising your chances of pregnancy by bringing you the best experience possible.


World-class medical expertise, personalised human guidance, together with the latest technologies and our position at the forefront of AI fertility research – to make you feel cared for, confident and relaxed.


We’re here to help you create a life – and live yours.


Apricity offers the following services (hereinafter “the Services”):


  • A one-stop-shop Assisted Reproductive Technology service with the below digital tools and modular fertility services, including medication and healthcare coordination;

  • A mobile app providing your end-to-end fertility journey, guidance, tips, in real-time medical tests results and updates, medications list and appointments;

  • A website providing digital contents (from Apricity and Apricity’s partners) and access to the patient portal;

  • Registration and payment via phone, Web or mail;

  • Video and audio calls, and text messages with doctors, nurses, and a fertility advisor, that will assist and support you throughout your fertility journey;


This privacy policy is designed to provide you with information required under applicable data protection laws and regulations in the European Union (“EU”) and the United Kingdom (“UK”) (hereinafter “the Regulations”).


Please note that at every step of your use of the Tools and the Services, including (i) receiving information about the Services, (ii) conducting your needs analysis and providing a custom quotation, and (iii) entering into a contract for the provision of the Services, you will be provided with specific information and may be asked to explicitly consent to the processing of your special categories of personal data (as described further below).


Please be aware that legal information and consent forms will be provided to you directly by the healthcare professionals, nurses, healthcare facilities, pharmacists, labs and other assisted reproductive technology related professionals and bodies concerning the services and data processing they operate.

 


2. Who is responsible for the processing of personal data?


The data controller responsible for processing your personal data for the purposes identified in section 5.1 below depends on where you are based:


  • Apricity Fertility UK Limited (company reg. no. 11402698 with registered office at 24 Old Queen Street, London, England, SW1H 9HP) for Apricity patients, and partners of Apricity patients, who use the Apricity Tools and Services in the UK). This company is also the controller if you are an employee of a business in the UK and Apricity processes your personal data for business administration or business-to-business marketing purposes.

  • Apricity Fertility Spain S.L.U - S.L (company reg. no. B10728459 with registered office at Calle Serrano Anguita 13, 28004 Madrid) for Apricity patients, and partners of Apricity patients, who use the Apricity Tools and Services in Spain. This company is also the controller if you are an employee of a business in Spain and Apricity processes your personal data for business administration or business-to-business marketing purposes.


Your local Apricity entity provides the Services to you in your local country. Apricity SAS owns the Tools and software which enables the local Apricity entities to deliver the Services to you. As such, your local Apricity entity (identified above) and Apricity SAS are joint controllers of your personal data processed solely for the purposes identified in section 5.2 below. 


Our Data Protection Officer (“DPO”) is responsible for overseeing questions in relation to this privacy policy on behalf of your local Apricity entity and Apricity SAS. You can contact our DPO at any time by emailing data-protection@apricity.life, concerning any and all questions related to your personal data or this privacy policy.


However, Apricity is not the controller of your personal data where this is processed outside the Tools and the Services, and used for purposes distinct from those purposes specified in this privacy policy. This means that your healthcare professionals, nurses, pharmacists, health facilities, labs and other assisted reproductive technology related professionals and bodies (hereinafter “other health professionals”), and any other entity that has entered into a contract with Apricity so you can benefit from the Services (excluding Apricity’s service providers acting as processors), are separate independent controllers of your personal data.


Therefore, the other health professionals are solely liable for those processing operations and for the collection of your consent relating to those processing operations and any medical treatment you may receive, and you should contact the other health professionals directly in relation to any queries you may have about their processing of your personal data. 

 


3. What personal data do we collect?


In providing the Services and making the Tools available to our patients and their partners, we may process personal data and special categories of personal data about you. In addition, if you are an employee of a business and Apricity processes your personal data for business administration or business-to-business marketing purposes, we may process limited personal data about you.


This information is collected from you directly, or from third parties such as our group companies or your healthcare facility (with your permission) or our payment service provider. Some data is automatically collected about your equipment, browsing actions and patterns as you interact with the Tools. We obtain such data through the use of cookies and similar technologies. Please see our Cookie Notice for further details. If you are an employee of a business and Apricity processes your personal data for business administration or business-to-business marketing purposes, we may also collect information from third party agencies or from publicly accessible sources.


We may collect, use, store and transfer the following types of personal data about you:

  • Identity details, including your first name, last name, gender, date of birth, and video-conferencing ID; 

  • Contact details, including your personal email address, work email address, personal telephone number, work telephone number, home address, work address and billing address;

  • Profile details, including user and account information, login history, preferences (such as notification settings and cookie preferences), company, job title, role, feedback, passwords and unique user ID;

  • Transaction details, including details of Services you have purchased from us, and payments received from you;

  • Financial details, including bank account, payment or credit card information;

  • Technical details, including IP address, geographical location, browser type and version, operating system, and other technology on the devices you use to access the Tools;

  • Usage details, including information about how you use the Tools or the Services, such as referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency, and pattern of your service use;

  • Marketing and communications details, including your preferences in receiving marketing from us and your communications preferences.


If you are an Apricity patient, or the partner of an Apricity patient, we may also collect, use, store and transfer the following special categories of personal data about you:


  • data concerning your health, including details of your medical history, fertility treatment history, current treatments, medications, appointments, scans, and test results;

  • data concerning your sex life or sexual orientation but only when this information is relevant to the treatment you are receiving and in order to personalise the Services;

  • personal data revealing your racial or ethnic origin, or religious beliefs but only when this information is relevant to the treatment you are receiving and in order to personalise the Services.


 

4. What happens if I fail to provide personal data?


Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g. to provide the Services and make the Tools available to you). In this case, we may have to cancel a Service you have with us, but we will notify you if this is the case at the time. 


 

5. What is your personal data used for?


APRICITY processes your personal data (and, in some cases, your special categories of personal data) for the following purposes:


  • to provide the Services to you, in accordance with our General Terms and Conditions [https://www.apricityfertility.com/uk/legal/terms-and-conditions,

  • to deliver a personalised quote for the Services,

  • to process your registration and create or terminate your Apricity account,

  • to provide you with authorisation to login and use your account,

  • to verify your identity and age,

  • for you to contact and communicate with our customer service advisors,

  • to ensure the information about you are corrected and updated,

  • to manage our relationship with you, and for you to be able to monitor and administer ongoing care matters,

  • to handle your choice of setting,

  • to process and manage your payments for the Services, and keep proper records of those transactions,

  • for you to receive information and communications,

  • to access and use the different features of the Tools,

  • to send you email newsletters,

  • to consult/share your information with the other health professionals,

  • to establish, exercise or defend any legal claims, whether in court proceedings or in an administrative or out-of-court procedure, 

  • to administer our business (such as communicating with customers, suppliers and partners, invoicing, receiving payments, and other business-related functions),

  • to send you information that we think may be of interest to you (in accordance with your marketing preferences),

  • to obtain or maintain insurance coverage, manage risks, or obtain professional advice, and

  • to comply with legal or regulatory requirements.Please note that the processing of your personal data may involve profiling that will help APRICITY to provide you with the most appropriate and relevant content and Services. However, this profiling will not be used to make automated decisions.


Apricity also processes your personal data (and, in some cases, your special categories of personal data) for the following additional purposes:


  • to help us detect and fix technical problems, and to manage and maintain our Tools.

  • to analyse your navigation and use of the Tools and Services in order to allow us to assess and improve the Tools and the Services (and the services of Apricity group companies) and adapt them to the user’s needs.


Please note that the processing of your personal data may involve profiling that will help Apricity to provide you with the most appropriate and relevant content and Services. However, this profiling will not be used to make automated decisions.


Data Analysis and Research 


Apricity uses pseudonymised, aggregated and/or anonymised information for health-related studies, research or evaluation in which Apricity will participate. The types of data which may be used for analysis and research purposes include details about a patient (e.g. age, cause of infertility, lifestyle), lab results (e.g. blood test results, hormonal levels), information about cycle planning, the cycle itself, the stimulation phase and egg collection (e.g. stimulation treatment, number of follicles, number of collected eggs), information about embryology and the embryo transfer, results of ultrasound scans, and details about the success or otherwise of a pregnancy. 


Applicable data protection law defines ‘pseudonymisation’ as ‘the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information’. Information is anonymised where it does not relate to a person and it is impossible to identify a person from that data, and this type of information usually falls outside data protection laws.


This information is held securely by Apricity and will not be used to identify you individually (e.g. by your name).


The purposes for which Apricity will use this information are:


  • To report on Apricity’s performance based on statistical studies (e.g. pregnancy rate, birth rate, etc.).

  • To apply tools such as semi-automated reports after a diagnosis consultation, or follow-up of the stimulation phase. 

 


6. What is our lawful basis for processing your personal data?


We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:


  • Where we need to perform the contract we are about to enter into or have entered into with you – i.e. our contract to provide the requested Services and make the Tools available to you.

  • Where we need to comply with a legal obligation. 

  • Where you have provided your consent – e.g. to send you email newsletters.

  • In the case of special categories of personal data, where needed for the purpose of medical diagnosis or the provision of health treatment, or where you have provided your explicit consent. 


Please note that where you have given us your consent, you can withdraw your consent at any time.  In the case of email newsletters, you can opt out of these by unsubscribing or emailing us at data-protection@apricity.life


In relation to your use of the Services and our Tools, please be aware that the withdrawal of your consent will prevent us from providing the Services to you.


Withdrawal of your consent will not impede on the lawfulness of the processing of your personal data conducted up to the date of the withdrawal.


Business-to business contact information:

Where we process the personal data of our customers’, suppliers’ or partners’ employees for business administration purposes, we do so on the basis of our legitimate interests which we will always balance against those individuals’ rights and freedoms.


Where we process business contact data for the purposes of business-to-business marketing communications, we will do in accordance with the laws of the country in which your personal data is being processed. If you are based in Spain, we will only send business-to-business marketing communications where you have provided your prior opt-in consent for us to do so.  If you are based in the United Kingdom, we may rely on the ‘corporate subscriber exemption’ under the Privacy and Electronic Communications Regulations (PECR) in order to send marketing communications.


Note on the corporate subscriber exemption in the UK


The corporate subscriber exemption allows us to send business-to-business marketing emails to corporate addresses without prior opt-in consent. However, where we do so, we will always provide you with the option to opt-out or unsubscribe from receiving such communications at any time. This exemption is balanced with your right to privacy, and we will always ensure that we respect and uphold these rights when using your personal data for direct marketing purposes.


 

7. Third parties with whom your personal data may be shared when you use the services


We may share and disclose your personal data with the following categories of third parties for the purposes described in this privacy policy: 


  • Yourself and, upon your consent, your partner;

  • Specifically authorised personnel of APRICITY, within the limits of the beforehand specified purposes, including provision of the Services;

  • Healthcare professionals, nurses, pharmacists, health facilities, labs and other ART related professionals and bodies, specifically authorised and abiding to medical confidentiality and health data sharing regulations;

  • Homecare fertility medication providers;

  • We may disclose your personal data to our service providers who perform functions on our behalf, insofar as it is reasonably necessary to provide specific services (including providers of servers and maintenance thereof, email service providers, and web analytics providers); 

  • Any scientific partners of APRICITY that would carry out studies, research, or evaluations (for the purposes relating to Data Analysis and Research set out above), providing that your personal data will be pseudonymised.

  • Information may be shared with any member of our group of companies (including our subsidiaries, our ultimate holding company and all of its subsidiaries) insofar as reasonably necessary for the purposes set out in this privacy policy. This may include internal administration purposes as well as the provision/sharing of IT services or data centres within the group.

  • We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

  • We may share personal data with third parties to whom we choose to sell, transfer or merge part of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, the new owners may use your personal data in the same way as set out in this privacy policy.

  • In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests.

  • If you are accessing our Services as part of an employee benefits program, we may disclose certain personal data (including special categories of data) to your employer and/or their external benefits provider.


APRICITY ensures that none of your personal data will be transferred to a non-authorised third party, without your consent.


We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.


 

8. How long will your personal data be kept?


We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we kept it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint, or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 


In case you decide to not use our Services, your personal data will be kept for 1 year from the date that you tell us.


Please note that the Human Fertilisation and Embryology Authority (HFEA) requires us to retain certain records for at least 30 years after treatment. For any other personal data associated with your account, but not covered by the HFEA guidelines, this will be kept during your contractual relationship with APRICITY and then will be archived for a period of 7 years before it is deleted.


In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. For example, Usage details will be retained for as long as necessary for the relevant processing purposes.


 

9. How do we protect and manage your personal data?


We have put in place appropriate technical and organisational security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 

 


10. International transfers

Where personal data is shared and disclosed as set out above, these parties may be established outside the United Kingdom. For example, some of the service providers we use to support the Services are based in the US, and this would involve a transfer of your personal data to the US. Whenever we transfer your personal data outside the United Kingdom, we ensure that a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented, where necessary. This may include, where appropriate, signing up to Standard Contractual Clauses. To find out more information regarding the specific mechanism used by us when transferring your personal data outside the United Kingdom, please contact us via email: data-protection@apricity.life.

 


11. What are your rights concerning your personal data?


Under certain circumstances, by law you have the right to:

  • Access your personal data, including data inferred from profiling;

  • Correct any mistakes to your personal data;

  • Erase your personal data, in certain situations;

  • Apply restrictions on our processing of your personal data;

  • Object at any time to processing of your personal data for direct marketing;

  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;

  • Object in certain other situations to our continued processing of your personal data;

  • Obtain an electronic copy of your personal data (right of portability);

  • Withdraw your consent to our processing of your personal data, where we have collected and processed your personal data with your consent. Please note, however, that where you withdraw your consent this will limit our ability to provide the Services;  

  • Make a complaint to your supervisory authority. In the UK, this is the Information Commissioner’s Office (www.ico.org.uk). 


In order to exercise your rights, please contact APRICITY by emailing our Data Protection Officer at data-protection@apricity.life, attaching a copy of your Identity Document. We may need to request further information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.


We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

12. Changes to our privacy policy


In the event of an update of our privacy policy, we will publish information regarding the changes on our website.


In the event of a change in the way we process your personal data, we will notify you in advance or, if applicable, we will ask you beforehand for your consent.


We kindly request that you regularly look at our privacy policy and check if any changes have been introduced.


This privacy policy was last updated on 6 April 2023. Please contact us if you would like to access a previous version.

 

13. Do you have any questions?


If you would like to provide feedback or if you have any questions or concerns, or if you would like to exercise your rights concerning your personal data, you can contact our DPO at the following address: data-protection@apricity.life

Get in touch

07897 035438

New Patients: 9am - 5pm Mon-Fri

Current Patient Care: 8am-8pm Mon-Fri & 9am-1pm Sat/Sun/Bank Hols

Ⓒ Apricity Fertility UK Limited. All rights reserved