Privacy Policy

We help women get a deeper understanding of their fertility health by tracking personal and lifestyle data and enabling convenient and affordable diagnostic testing of important fertility hormones. The data we collect will be used to prepare a report intended to help you take control of your healthcare journey to decide when and why you should see your doctor.

Here we describe the privacy practices for our applications, software, websites, APIs, products, and services (the “Services”). You will learn about the data we collect, how we use it, the control we give you over your information, and the measures we take to keep it safe.

1. Information we collect

When you use our Services, we collect the following types of information.

1.1 Information You Provide Us

1.1.1 Account Information

Some information is required to create an account on our Services, such as your name, email address, password, date of birth, gender, height, weight, race/ethnicity, and in some cases your mobile telephone number (for messaging if you elect to enable notifications). This is the only information you have to provide to create an account with us. Information that is optional is marked as such.

Should new options be made available in the future, you may also choose to provide other types of information, such as a profile photo, biography, country information, and save physician and other information related to medical coverage for convenience purposes.

1.1.2 Additional Information

To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information, like your logs for female health (period) tracking, body measurements for lean and fat mass, fitness and lifestyle (i.e., food/calorie intake, weight, sleep schedule, water intake, etc.); an alarm; and messages to or from your physician on the Services.

You may also connect with your physician using the Services or invite your physician by providing their email address or using the contact list on your mobile device. We do not store these E-mails, or your contact list, and delete this information immediately after it is used.

If you contact us for information or participate in helping us to gather feedback on features, surveys, contests, or promotions, we collect the information you submit such as your name, contact information, and message.

1.1.3 Payment and Card Information

If you purchase MotiveBio whole blood sample collection kits on our website, you provide your payment information, including your name, credit or debit card number, card expiration date, CVV code, and billing address. We do not store this payment information. We store your shipping address to fulfill your order. Note that third-party payment processors may retain this information in accordance with their own privacy policies and terms.

1.2 Information We Receive From Your Use of Our Services

1.2.1 Location Information

The Services do not require the use of your location and we do not request this feature to be enabled on your device(s). However, your approximate location can be derived from your IP address.

1.2.2 Usage Information

When you access or use our Services, we receive certain usage data. This includes information about your interaction with the Services, for example, when you view or search content, create or log into your account, input or edit data entries, or when you purchase a uniquely serialized collection kit which is linked directly to your account for the secure return of your personal clinical laboratory results.

We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.

1.3 Health and Other Special Categories of Personal Data

To the extent that information we collect is health data or another special category of personal data subject to the European Union’s General Data Protection Regulation (“GDPR”), we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you pair your device to your account, grant us access to your exercise or activity data from another service, or use the female health tracking feature. You can use your account settings and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, unpairing your device, or deleting your data or your account.

2. How We Use Information

We use the information we collect for the following purposes.

2.1 Provide and Maintain the Services

Using the information we collect, we are able to deliver the Services to you and honor our Terms of Service contract with you. For example, we need to use your information to provide you with your MotiveBio dashboard tracking your activity, period tracking logs, hormone testing results, and other health data and trends; to enable the community features of the Services; and to give you customer support.

2.2 Improve, Personalize, and Develop the Services

We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.

We also use your information to make inferences and show you more relevant content. For example:

  • data that you provide in our proprietary interpretive algorithms can be used to predict the likelihood of certain health issues that you may wish to discuss with your healthcare provider.
  • certain features may be recommended to you for the purpose of collecting additional information that will strengthen the detection algorithms.
  • self-exams may be recommended to you to strengthen detection algorithms and can be shared with your healthcare provider.

2.3 Communicate with You

We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think would interest you. You can control marketing communications and most Service notifications by using your notification preferences in account settings or via the “Unsubscribe” link in an email.

2.4 Promote Safety and Security

We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.

We use cookies and similar technologies for the purposes described above. For more information, please read our Cookie Use statement.

For personal data subject to the GDPR, we rely on several legal bases to process the data. These include when you have given your consent, which you may withdraw at any time using your account settings and other tools; when the processing is necessary to perform a contract with you, like the Terms of Service; and our legitimate business interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described above.

3. How Information Is Shared

We do not share your personal information except in the limited circumstances described below.

3.1 When You Agree or Direct Us To Share

You may direct us to disclose your information to others, such as your physician.

For certain information, we provide you with privacy preferences in account settings and other tools to control how your information is visible to other users of the Services.

3.2 For Legal Reasons or To Prevent Harm

We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.

4. Your Rights To Access and Control Your Personal Data

We give you account settings and tools to access and control your personal data, as described below, regardless of where you live. If you live in the European Economic Area, United Kingdom, and Switzerland (the “Designated Countries”), you have a number of legal rights with respect to your information, which your account settings and tools allow you to exercise, as outlined below.

Accessing and Exporting Data. By logging into your account, you can access much of your personal information, including your dashboard and hormone test results. Using your account settings, you can also download information in a commonly used file format.

Editing and Deleting Data. Your account settings let you change and delete your personal information. For instance, you can edit or delete the profile data you provide and delete your account if you wish.

If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all of your information. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm, including as described in the How Information Is Shared section.

Objecting to Data Use. We give you account settings and tools to control our data use. For example, using your notification settings, you can limit the notifications you receive from us.

If you live in a Designated Country, in certain circumstances, you can object to our processing of your information based on our legitimate interests, including as described in the How We Use Information section. You have a general right to object to the use of your information for direct marketing purposes. Please see your notification settings to control our marketing communications to you about MotiveBio products and services. Please also review our Cookie Use statement for your options to control how we and our partners use cookies and similar technologies for advertising.

Restricting or Limiting Data Use. In addition to the various controls that we offer, if you reside in a Designated Country, you can seek to restrict our processing of your data in certain circumstances. Please note that you can always delete your account at any time.

If you need further assistance regarding your rights, please contact our Information Security Officer at privacy@motivebio.com, and we will consider your request in accordance with applicable laws. If you reside in a Designated Country, you also have a right to lodge a complaint with your local data protection authority or with the Data Protection Commissioner, our lead supervisory authority.

5. Data Retention

We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. For instance, when you provide your contact list for finding a physician and to send your health information to your physician using the Services, we delete the list after it is used. We keep other information, until you use your account settings or tools to delete the data or your account because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the How We Use Information and How Information Is Shared sections.

6. Analytics and Advertising Services Provided by Others

We work with partners who provide us with analytics services. This includes helping us understand how users interact with the Services. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications. To learn more and about your privacy choices, please read our Cookie Use statement.

7. Our International Operations and Data Transfers

We operate internationally and transfer information between the United States and other countries for the purposes described in this policy.

We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent, the EU-US and Swiss-US Privacy Shield, and EU Commission approved model contractual clauses, which require certain privacy and security protections. You may obtain copies of the model contractual clauses by contacting us. Motive Biosciences Inc. complies with the Privacy Shield principles regarding the collection, use, sharing, and retention of personal information as described in our Privacy Shield certifications. Learn more about Privacy Shield here.

Motive Biosciences Inc. is subject to the oversight of the US Federal Trade Commission and remains responsible for personal information that we transfer to others who process it on our behalf as described in the How Information Is Shared section. If you have a complaint about our Privacy Shield compliance, please contact us. You can also refer a complaint to our chosen independent dispute resolution body JAMS, and in certain circumstances, invoke the Privacy Shield arbitration process.

Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create a MotiveBio account and click “I agree” to data transfers, irrespective of which country you live in. For a list of the locations where we have offices, please see our company information here. If you later wish to withdraw your consent, you can delete your MotiveBio account as described in the Your Rights To Access and Control Your Personal Data section.

8. Changes to This Policy

We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services. Previous versions of the policy will be made available online in our archived documents.

9. Who We Are and How To Contact Us

If you have questions, suggestions, or concerns about this policy, or about our use of your information, please contact us at info@motivebio.com.

If you are seeking to exercise any of your statutory rights, please contact our Information Security Officer at privacy@motivebio.com.

Motive Biosciences Inc., a U.S. company, is the data controller that provides you with the Services. You may contact us at:

Motive Biosciences Inc.

445 Medical Center Blvd.

Webster, TX 77598

privacy@motivebio.com

motiveBio

©2019 Motive Biosciences All Rights Reserved