Terms and Conditions

General Company Information

Reproductive Sciences Medical Center (RSMC) is a leading provider of infertility tests and treatments, specializing in third-party reproductive solutions. Our mission is to provide comprehensive and compassionate care to intended parents on their journey to building a family. We are dedicated to upholding the highest standards of patient care and data protection.

While headquartered in San Diego, California, USA, RSMC proudly serves patients globally. We are committed to adhering to stringent international and domestic regulations to ensure the security and privacy of your information.

RSMC holds the ISO 27001 certification, demonstrating our commitment to information security management systems. Furthermore, we are compliant with key data protection regulations, including the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA). This compliance underscores our dedication to protecting your personal and health information in accordance with applicable laws.

By accessing or using our platform, you agree to comply with the following Terms of Service (“Terms”). Please read these Terms carefully, as they outline your rights, responsibilities, and the rules governing your use of our services. If you do not agree with any part of these Terms, please refrain from using our platform. 

Data Collection and Usage

Reproductive Sciences Medical Center (RSMC) collects and uses data to provide and enhance our infertility tests and treatments, specializing in third-party reproductive treatments.

  • Personal Identifiable Information (PII): We collect Personal Identifiable Information (PII) such as names and email addresses. This information is collected through forms. PII is used to facilitate our services for intended parents searching for infertility treatments in the US and for communication purposes.

  • User Account Creation: Please note that account creation is not currently allowed on our platform. Therefore, there are no specific requirements for creating an account, nor are users assigned login credentials to maintain.

  • Protected Health Information (PHI): We also collect Protected Health Information (PHI), including medical records and health history. This data is collected through forms and third-party integrations. To protect your PHI, it is encrypted during transmission using TLS/SSL and stored securely using AES-256 encryption. We have proper access controls in place, including role-based access control, login, and activity logs tracker, to restrict unauthorized access to PHI. Our employees are trained on HIPAA compliance and data security practices to ensure the confidentiality and integrity of your health information.

  • Third-Party Sharing:
    • We share anonymized user behavior data with third-party tools used for marketing and analysis. This data is anonymized and cannot be traced back to individual users. It is used solely to help us understand user behavior and improve our marketing efforts and overall service.
    • PHI is only shared with concerned healthcare providers after receiving explicit user consent. When sharing PHI with healthcare providers or other parties necessary to offer better health services, we only share the necessary PHI data, not everything. All parties that handle or have handled our PHI data meet and follow Business Associate Agreements (BAAs), ensuring compliance with HIPAA regulations. Our employees are trained on HIPAA compliance and data security practices.
  • Data Retention and Deletion:
    • General user data is retained without any predetermined tenure.
    • PHI is stored per compliance with HIPAA, GDPR, and CCPA, and the data retention period for PHI is usually 30 days.
    • Users can send a formal request to our email “info@fertile.com” to request the deletion of their data. We may need to verify the identity of users submitting deletion requests, potentially through email and call verification.

User Rights and Compliance Requirements

Reproductive Sciences Medical Center (RSMC) is committed to protecting your data and adhering to relevant compliance requirements.

HIPAA Compliance

To ensure the security and confidentiality of your PHI, we implement the following measures:

  • Encryption: PHI is encrypted during transmission using TLS/SSL and stored securely using AES-256 encryption.
  • Access Controls: We have proper access controls in place, including role-based access control, login, and activity logs tracker, to restrict unauthorized access to PHI.
  • Employee Training: Our employees are trained on HIPAA compliance and data security practices to ensure the confidentiality and integrity of your health information.
  • Data Breach Response: In the event of a data breach involving PHI, RSMC follows HIPAA outlined PHI data breach response procedures that every Business Associate Agreement (BAA)-agreed party also follows.

GDPR Compliance

RSMC respects your rights under the General Data Protection Regulation (GDPR). As a EU resident, you have the following rights:

  • Right to access personal data
  • Right to rectify personal data
  • Right to delete personal data
  • Right to object to data processing
  • Right to data portability

To exercise any of these GDPR rights, please contact us via email at info@fertile.com.

CCPA Compliance

RSMC complies with the California Consumer Privacy Act (CCPA). California residents have the right to opt-out of the sale of their personal information.

To submit a CCPA request, including opting out of the sale of your personal information, please contact us via email at info@fertile.com. We may verify your identity before processing your request through email and call verification.

  1. User Responsibilities

While account creation is not currently required on our platform, the following responsibilities apply to all users accessing and utilizing the information provided by Reproductive Sciences Medical Center (RSMC):

  • Prohibited Conduct: You agree not to engage in any misuse of our platform or the information provided herein. This includes, but is not limited to, any fraudulent activities or attempts to gain unauthorized access to our systems or data. You are also prohibited from any unauthorized sharing of data obtained from our platform with any third party without explicit consent from RSMC.

  • Age Restriction: Our website and services are not intended for individuals under the age of 18 years. We do not knowingly collect or solicit personal information from anyone under the age of 18. By accessing and using our platform, you affirm that you are at least 18 years of age.

  1. Third-Party Integrations and Partnerships

Reproductive Sciences Medical Center (RSMC) utilizes third-party services to enhance our platform and services. These integrations may include analytics tools and Customer Relationship Management (CRM) systems.

We ensure that these third-party service providers are compliant with relevant data protection regulations, including but not limited to HIPAA and GDPR, where applicable.

Information regarding the specific third-party services we integrate with and their role in processing your data is detailed in our Privacy Policy. We encourage you to review our Privacy Policy for a comprehensive understanding of how these integrations work and how your data is handled by these third parties.

Intellectual Property and Content Usage

Reproductive Sciences Medical Center (RSMC) retains all rights, title, and interest in and to its intellectual property, including, but not limited to, its logos, images, text, website design, and other content.

    • Permitted Use: Users are permitted to access and view the content on our website for informational purposes related to our services. However, this access does not grant any license or right to use our intellectual property for commercial or any other purposes without the explicit prior written consent of RSMC.

    • Prohibited Use: Users are prohibited from:

      • Reproducing, distributing, modifying, publicly displaying, or creating derivative works of our logos, images, text, or any other intellectual property without our express written permission.
      • Using our trademarks or trade names in any manner that is likely to cause confusion or in any way that disparages or discredits RSMC.
    • Accuracy of Anonymized Data: While we strive to provide accurate information, including in any anonymized data such as donor profiles, RSMC provides such information on an “as is” basis. We represent that donor information is truest to our knowledge. However, RSMC does not warrant the absolute accuracy or reliability of such anonymized data and shall not be liable for any errors or omissions. Users are advised to consult with our representatives for the most up-to-date and detailed information.
    • User-Generated Content
  • Submission of User-Generated Content: 

  • Permission to Submit: By submitting reviews, testimonials, or other content to our platform, you grant Coastal Fertility Medical Center a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media format.

        • Content Guidelines: All submitted content must comply with the following guidelines:
          • Be truthful, respectful, and relevant to your experience with our services.
          • Avoid offensive language, personal attacks, or discriminatory remarks.
          • Do not include personally identifiable information (PII) such as names, addresses, or contact details unless explicitly permitted.
  • Responsibility for Submitted Content

        • Accuracy: You are solely responsible for the accuracy and truthfulness of the content you submit. Coastal Fertility Medical Center does not verify or endorse the accuracy of user-generated content.
        • Ownership: By submitting contents, you confirm that you own the rights to the material or have permission to share it. You also agree not to submit content that infringes on third-party rights, including intellectual property, privacy, or publicity rights.
  • Platform Rights to Use UGC

        • Display and Promotion: Coastal Fertility Medical Center reserves the right to use, edit, or modify submitted content for promotional purposes, including but not limited to displaying it on our website, social media channels, or marketing materials.
        • Removal of Content: We reserve the right to remove or refuse to post any content that violates these Terms or is deemed inappropriate, without prior notice.
  • Disclaimer on UGC

        • No Endorsement: The opinions, statements, and experiences expressed in user-generated content do not reflect the views or opinions of Coastal Fertility Medical Center. We do not endorse or guarantee the accuracy, reliability, or completeness of such content.
        • Reliance on UGC: Users who rely on reviews or testimonials do so at their own risk. Coastal Fertility Medical Center is not liable for any decisions made based on user-generated content.
  • Prohibited Uses of UGC

      • You may not use user-generated content for commercial purposes, modify it without permission, or claim it as your own.
      • Any unauthorized use of UGC may result in legal action under applicable laws.
  • Reporting Inappropriate Content: If you encounter content that violates these Terms or is inappropriate, please report it to us immediately via email at info@fertile.com or by calling (858) 436-7186. We will review and take appropriate action as needed.

Limitation of Liability and Dispute Resolution

  • Limitation of Liability: Reproductive Sciences Medical Center (RSMC) includes disclaimers about liability for errors in anonymized data or service interruptions. While we strive to ensure the accuracy of the information provided, including anonymized data such as donor profiles, RSMC provides such information on an “as is” basis and does not warrant its absolute accuracy or reliability. Furthermore, RSMC shall not be liable for any interruptions in service that may occur.
  • Dispute Resolution: Any dispute arising out of or relating to these Terms of Service shall be resolved in accordance with the laws of the Jurisdiction of San Diego, California, USA. The specific dispute resolution mechanism (e.g., arbitration or litigation) will be determined in accordance with applicable law in that jurisdiction.
  • Termination of Service: While account creation is not currently required to access our platform, RSMC reserves the right to suspend or terminate access to our services for any user who violates these Terms of Service or fails to comply with our policies.

Updates and Communication

  • Our Terms of Service (ToS) and Privacy Policy are reviewed and updated periodically. Coastal Fertility Medical Center (CFMC) reserves the right to update these Terms of Service periodically. Any changes will be effective upon posting the updated version on our website. These updates are made especially when there are changes to our internal procedures that may impact how user data is collected and used, or when significant changes occur in relevant policies or laws that affect user data collection and usage.
  • Users will be notified of updates by the inclusion of the last update date on both the Terms of Service pages. We encourage you to periodically review these pages for the latest information.
  • For any privacy-related inquiries, you can contact us at our dedicated contact points:
    • Email: info@fertile.com
    • Phone: (858) 436-7186
    • Mailing address: 
      • Reproductive Sciences Medical Center, 
      • 3661 Valley Centre Dr., Suite 100, San Diego, CA 92130

Contact Information

If you have any questions or concerns regarding these Terms of Service, please do not hesitate to contact us. You can reach us via email at info@fertile.com or by phone at (858) 436-7186. You can also send mail to our registered mailing address: Reproductive Sciences Medical Center, 3661 Valley Centre Dr., Suite 100, San Diego, CA 92130.