Ava Privacy Policy

Ava appreciates your visit to this web site and all associated sites linked to www.avawomen.com (collectively, the “Site”), and/or the download of Ava’s mobile application (“the App”), and your interest in our Product. Your privacy is important to us and we want you to feel comfortable visiting our Site. We take care to protect your personal data collected, processed and used during visits to the Site.

This Privacy Policy (“Privacy Policy”) governs your use of the Site and the products offered on or through the Site (“Product”) by Ava AG, a company formed under the laws of Switzerland with domicile in Zurich Switzerland and its subsidiary Ava Science, Inc., a Delaware corporation with principal business in San Francisco, California (together, “Ava,” or “we”). The Products, the Site, and the App are collectively referred to in this Privacy Policy as the “Services.” This Privacy Policy does not apply to information collected offline or by third parties not affiliated with Ava that the Site may link to (“Third Party Sites”). Please read this Privacy Policy and the Terms of Use (www.avawomen.com/terms) carefully before using the Site.

1.      Modifications.

Ava may update its Privacy Policy from time to time. The most current version will be posted on the Site and on the App. It is your responsibility to check this Privacy Policy periodically for changes. Your continued use of the Site or App following the posting of changes will mean that you accept and agree to the changes. Please refer to the Terms of Use posted on the Site or App to see additional terms and conditions that govern your use of the Site.

BY USING THE SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

2.      Information We Collect.

Ava offers products and technology to enable customers (the “User” or “you”) to track their fertility for purposes of conception, or certain non-medical insights during pregnancy. When providing these Services, Ava collects both personally identifiable information (“PII”), which can be used to identify an individual user, and non-personally identifiable information (“non-PII”), as set forth below.

(a) Information you provide us directly

i. Purchase: You can browse the Site without providing your identity or data, and we collect personal information only if you voluntarily provide it to us. If you choose to buy a Product on our Site, we require you to provide various PII, such as your e-mail address, first name, last name, and credit card information including the zip code and cv number. You may also provide Ava with certain optional information at your sole discretion. This information is used to enable Ava to provide you with access to certain areas of the Site, to personalize and to communicate with you about the Services.

ii. Account and Product Activation: When you activate your Product, you will be asked to download the App and create an account, where you enter information about yourself, such as username, password and e-mail address, first name, last name, address, gender, age/date of birth, menstrual cycle, height, weight, fertility history and other information generally affecting conception and your fertility. We use this information to personalize your data and to be able to provide the Services.

iii. Personal Data: The Product is intended to be worn at night. When worn, Ava collects data on nine physiological parameters, including neurological, thermal, dermatological, respiratory, and cardiovascular parameters (“Personal Data”). Ava synchronizes the collected Personal Data recorded on your mobile device using a wireless Bluetooth connection through the App, and the Personal Data is then stored on servers operated by a third party service provider on behalf of Ava. This Personal Data is stored and used to provide the Services and is associated with your account. Each time a synchronization occurs, Ava logs data about the transmission. Some examples of the log data are the sync time and date, device battery level, and the IP address used when syncing.

iv. Communication: We collect communications between you and Ava, such as Services related emails regarding account management, notices regarding technical issues or changes to the Services, some of which you cannot opt out. Personal correspondence, such as emails or letters, or third party correspondence about you may go into a file specific to you.

(b) Other information collected

i. Traffic data: When you use the Site and the App, Ava collects information about that visit (known as “Traffic Data”). Traffic Data is stored as anonymous, aggregate and non-PII data. Such Traffic Data includes device information, location information, and web navigational data, subject to the permissions you have granted. This information is compiled and analyzed for marketing purposes, to measure traffic and usage trends for the Services so we can enhance your experience during a Product purchase on the Site and when using our Services on the App.

ii. Cookies and other technologies: Ava may use “cookies,” beacons and other tracking technologies on certain pages of the Site and the App to help analyze our web page flow, measure promotional effectiveness, promote trust, convenience and safety, and provide information that targets your interests. “Cookies” are small files placed on your hard drive. We offer certain features that are only available through the use of cookies. We also may use cookies to allow you to enter your password less frequently. You may decline our cookies if your browser permits, although this may limit the ability to use certain features on the Site.

iii. Log files: Ava gathers certain information automatically and stores it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, URLs, operating system, date/time stamp, and/or clickstream data (collectively, “Log Files”). Ava may combine this automatically-collected log information with other information we collect about you. We do this to improve marketing, analytics, and site functionality.

iv. Device identifiers: In the course of using a mobile device like a tablet or phone to access our Services, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Ava. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content or ads, if applicable. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

v. Information from third parties: Ava reserves the right to receive from time to time information about you and your activities on the App from third party service providers,

including without limitation advertising companies, which can include aggregated non-PII information.

3.      How We Use Your Information.

In addition to some of the specific uses of information we describe in this Privacy Policy, Ava may use your PII to provide the Services and to communicate with you. We use Traffic Data to learn more about your use of the Site and App and to improve the quality of the content and functionality of the Site and App, as well as to target our offerings to the people most interested in them based on their use of the Site. The collected PII enables Ava to help you efficiently access your information after you sign in, to provide personalized content and information to you and others, and to develop and test new products and features. We use non-PII to monitor metrics such as total number of visitors, traffic, and demographic patterns, or to diagnose or fix technology problems.

4.      Confidentiality and Sharing Your Information.

Except as noted in this Privacy Policy, including without limitations the sections below, we will keep your PII and Personal Data private and we will not rent or sell your information to third parties or nonaffiliated companies without your consent. Specifically, we will never share or make public any Personal Data that you disclose to Ava during the course of using the Product.

(a) Third party service providers

Ava may hire other companies to perform certain business-related functions, such as maintaining databases, sending email messages, offering and developing certain features of the Services, conducting research and analytics, and maintenance and security. When we employ another company to perform a function of this nature, we only provide them with the personal information that they need to perform their specific function. We may also share non-PII, aggregated or anonymized information without restriction.

(b) Third party advertisers

Ava does not currently, but reserve the right to, belong to ad networks and other third party agents to manage our advertising on other sites. Ava may share certain information such as cookie data with third party advertising partners. This information would allow third party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

(c) Legal requirements

Ava may disclose any collected data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or assist government enforcement agencies, (ii) protect and defend the rights or property of Ava or other Users, (iii) protect against legal liability; or (iv) protect the security or integrity of the Services. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

(d) Merger and acquisitions; bankruptcy

Your personal information may be provided to a party if Ava files for bankruptcy, or there is a transfer of the assets or ownership of Ava in connection with proposed or consummated corporate reorganizations, such as mergers, acquisitions or other change of control. We will ensure that the information-receiving party will be bound to the same level of confidentiality protection as Ava and will handle your personal information with the same level of care as Ava. You will continue to own your Personal Data.

5.      How We Process and Store Your Information.

(a) Security

We have implemented commercially reasonable procedural, physical and technical safeguards to protect your personal information against loss, theft or alteration as well as unauthorized access and disclosure. However, “perfect security” does not exist on the Internet or with electronic storage, and we cannot guarantee the security of any information that you or your users submit to us.

You are responsible for maintaining the confidentiality of any ID or password used for accessing the Services, and you are solely and fully responsible for all activities that occur under your password or account. Ava has no control over the use of an account and expressly disclaims any liability derived therefrom. Should you become aware that any unauthorized party may be using your password or account, please notify us promptly.

(b) Storing and processing your information / International Data Transfers

Your information is stored and processed on servers located in the United States, either by us or by a third party acting on behalf of Ava such as Amazon Web Services, or in any other country in which Ava or its service providers may operate. Information may also be stored locally on the devices you use to access the Services. By using our Services, you consent to have your data, including your personal information, processed, stored and transmitted in the United States or other locations around the world – including those outside of your country. If you are visiting our Services from outside the United States, including without limitation the European Union, please be aware that your information may be transferred to, stored, and processed in a country and jurisdiction that does not have the same data protection laws as your jurisdiction, including without limitation the United States where our servers are currently located and our central database is operated. If you do not consent to processing of your data inside or outside the United States, please stop using the Site and our Services. If you have a complaint about your privacy and our collection or use of your personal information, please submit any complaints to us, and we commit to responding to every privacy complaint we receive.

Updating Your Information and Opting Out.

(a) Changing or deleting your account information

You can access, review and change your profile and data that you have provided to Ava by logging into the App and entering in the new information yourself. Logging into the App will also allow you to delete the account. You must promptly update your personal information if it changes or is inaccurate. In the event of the death of a Ava User, please contact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.

(b) Opting out

You may opt out of receiving electronic communications from us or our partners by following the instructions in those emails, i.e., by clicking on the “unsubscribe link” provided in such communications. As noted above, you cannot opt out of certain messages, such as non-promotional emails regarding your account, payment, and/or use of the Services. Our Service may also deliver notifications to your phone or mobile device. You can disable these notifications by going into “App Settings” on the app or by changing the settings on your mobile device.

(c) How long we keep your personal information

Following termination or deactivation of your account, Ava or its third party service providers may retain your personal information for a commercially reasonable time for backup, archival, and/or audit purposes. Non-PII information gathered, compiled or analyzed by Ava in connection with its performance of the Services provided under Agreement, including without limitation any analyzes or reports of aggregated or anonymized data, shall be owned by Ava and can be used for any scientific purposes as determined by Ava in its reasonable discretion.

6.      Children’s Privacy.

Ava is for adults only. Ava does not intentionally collect personal information from anyone under the age of 18. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a person under the age of 18, we will promptly delete that information. If you believe that we might have any information from a person under the age of 18, please contact us.

7.      Other Websites.

The Site may contain links and interactive functionality interacting with the websites of third parties that are not owned or controlled by Ava. The information practices of those websites linked to the Site is not covered by this Privacy Policy. Your browsing and interaction with these third party sites, as well as the submissions of any personal information to those sites, is governed by their privacy policies. We recommend that you review the terms and privacy policies of each such website. You agree that we are not responsible and do not have control over any third parties that you authorize to access your personal information. If you are using a third party website or service and you allow them to access your personal information, you do so at your own risk.

8.      How To Contact Us.

If you have any questions or comments about this Privacy Policy or the Services, please email us at hello@avawomen.com.