Wichtige Information für Kunden

February 25 2022

by Roman Kolos

February 25 2022

Dear clients and visitors of our webpage,

This morning (24 February 2022) Russian Federation started its military aggression against our country. We are forced to put on hold all programs, aiming to keep our clients, gestational carriers, donors and our staff safe. Although, our offices are temporarily closed, Fertility Ukraine remains available online and our case managers are in touch with intended parents, whose surrogacy protocols have already started (corresponding precautions were taken some time ago, including relocation of some of the surrogate mothers that resided in close proximity to areas with the highest risk of military actions).

We all hope that common sense would prevail and life in Ukraine will get back to normal soon.

Kind regards,
Roman Kolos
Attorney at Law
Co-founder of Fertility Ukraine

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Welcome to www.fertilityukraine.com website (the “Site”), published by Fertility Ukraine LLC (“Fertility Ukraine”) (collectively “we,” “us,” or “ours”). This Terms of Use (the “Terms of Use”) and Privacy Policy (the “Privacy Policy”) apply to your use of the Site. It does not govern or apply to information collected or used by Fertility Ukraine through other means.

The information which is published on this website does not constitute and is not to be used as professional medical or legal advice. Never disregard professional medical or legal advice or delay seeking it because of something you have read on this site.

TERMS OF USE

Use of Materials

We and/or our contributors own all content and materials on the Site, including, without limitation, all trademarks, service marks, trade names and copyrights. Fertility Ukraine grants you free-of-charge access to the content published on the Site. You agree not to sell or modify such content or materials or reproduce, display, publicly perform, distribute, or otherwise use such content or materials in any way for any public or commercial purpose, in connection with products or services that are not those of Fertility Ukraine, in any manner that is likely to cause confusion among consumers, that disparages or discredits us, that dilutes the strength of our property or that otherwise infringes our intellectual property rights.

Application for a Fee Quote and Security

If you applied for a fee quote by using an on-line application form on the Site by providing some personal information, you agree to maintain and update true, accurate and current information about yourself. If you have reasons to believe that your email account is no longer secure, it is your responsibility to let us know immediately. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

You agree not to violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the law or of the security of the Site. We may involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We reserve the right to disclose any information about you or your use of the Site in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

We cannot and do not assure that other users are or will be complying with the foregoing rules or any other provision of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We may change the Site or delete content or features in any way, at any time and for any reason or no reason.

Compliance with Law

We reserve the right to comply with any subpoena, or order, or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such information or data and turn all or a portion thereof over to law enforcement officials.

Disclaimer

THE INFORMATION, CONTENT AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITIES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE.

Indemnification

You hereby agree to indemnify, defend, and hold us; our contributors, our licensors, licensees, distributors, agents, representatives and other authorized users; each of the foregoing entities’ respective resellers, distributors, service providers and suppliers; and all of the foregoing entities’ officers, directors, owners, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including without limitation, settlement cost and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR LICENSORS OR LICENSEES NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Changes to the Term of Use

If we make a material change to these Terms of Use we will post a notice on the Site. Your use of the Site following any such notice will signify and constitute your assent to and acceptance of such revised Terms of Use.

PRIVACY POLICY

This Privacy Policy describes:

the information that we receive from you when you interact with us;
our practices for processing and protecting the information that we receive; and
your choices regarding the collection and processing of your personal information.

Please review this Privacy Policy carefully. By visiting our Site and by submitting information to us, you consent to the collection and processing of your information as described in this Privacy Policy.

We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. The amended Privacy Policy will be posted on this page. Your continued use of our Site following the posting of changes to our Privacy Policy will mean you accept those changes.

Information We Collect

When you visit our Site, we collect personal information that you provide to us as well as information we obtain from your use of our Site.

“Personal Information” is information associated with you or that can be used to identify or contact you. This includes contact data such as name, address, and email address.

“Usage Data” is information about your online activity that, by itself, does not identify you, such as:

technical information, including browser type, service provider, IP addresses, operating system, and webpages visited;
information about what you have searched for, looked at, and clicked on while using our Site;
traffic data such as time and date of access, software crash reports, and session identification number; and
information collected about the location of your mobile device or computer.

How We Collect Personal Information

You may browse our Site without submitting Personal Information to us. Personal Information is only collected when you submit information through our on-line application form in order to receive a custom tailored fee quote for our services and related costs. Please note that even in that case we aim to protect your privacy and will not ask for your full name or any other official details (we only ask for your email address and first name to provide a response).

Cookies and Similar Tracking Technologies

We use cookies (and similar technologies) and analytics tools to collect Usage Data. A cookie is a small file, which is placed on your hard drive when you visit the Site. Most web browsers automatically accept cookies, but you may modify your browser settings to disable or reject cookies. If you set your web browser to decline cookies or if you delete your cookies, some features of the Site may not work or may not work as designed.

What types of cookies do we use and how long do they last?

There are three types of cookies that we use, Necessary Cookies, Analytics Cookies and Advertising Cookies. These cookies perform different functions as explained above the relevant cookies sections below.

We use both first party and third-party cookies. First party cookies are set by the Website you are visiting. Third party cookies are set by a domain which is different to the Website you are visiting, an example of this is where cookies are placed on your device by AddThis.com when you share content from our Website on social media websites.

Cookies can be either session cookies or persistent cookies. Session cookies are cookies which are deleted when you close your internet browser. Persistent cookies stay in place after you have closed your browser, for example, a cookie which tracks whether you are a new or return visitor to the Website. Details on how long these cookies last for are set out in the relevant section below.

Consent

Necessary Cookies will always be active on your device, but we ask for your consent to place Analytics and Advertising Cookies and other similar technologies on your device. If at any time you want to change your cookie settings, including withdrawing your consent to this processing, we would encourage you to do this by instructing your browser not to accept any cookies or to prompt you before accepting a cookie from a website you visit. You can also delete cookies on your computer or mobile device using the feature for doing so in your browser. You can find more information on the use of cookies at the following website: www.allaboutcookies.org

Necessary Cookies

Purpose and/or activity: Necessary cookies are essential in order to provide you with the services you request on our Website and in order that we can comply with legal obligations such as our security obligations under data protection law. We do not need to ask for your consent in order to use these cookies as without them we would not be able to provide the services requested by you. These are always active on the Website.

Legal basis for processing: Necessary for our legitimate interests: It is in our interests to be able to provide our Website users with services they request and to enable the operation of our Website.

List of cookies what we use:

Provenance:

First-party cookies are issued by a website that a user views directly;
Third-party cookies are not created by the website being visited, but by a third party like Google Analytics, Facebook, Twitter, LinkedIn, Youtube, Vimеo, etc.

Duration:

Session cookies which is erased when the user closes the browser;
Persistent cookies which remains on the user device for some period of time.

Purpose:

Strictly necessary cookies are required for website to work properly;
Preferences cookies allow a website to remember choices you have made in the past;
Statistics cookies help website owner to collect statistic data and understand how visitors interact with website;
Marketing cookies track user’s online activity to help advertisers deliver more relevant ad. These are almost always third-party persistent cookies.

How to block all cookies and the consequences of this

If you want to block all cookies, you may be able to do this through the settings in your browser for each browser you use and each device you use to access the internet. Please be aware that some areas of our Website may not work if your browser does not accept cookies. The “Help” function within your web browser should tell you how to make these changes. Alternatively www.allaboutcookies.org provides further information on how to do this and on how to delete cookies.

How We Use Personal Information and Usage Data

We use the Personal Information and Usage Data collected when you use the Site in the following ways:

To provide our services: The information helps us provide you with the content and services that you request, such as newsletters. We may also send you announcements about our products, features or upcoming events.
To communicate with you: We use the information to communicate with you about your submission.
To improve our Site: We use the information to help improve your experience on our Site, to enhance the features of our Site, and to perform statistical and demographic analyses of users of our Site.
To comply with legal requirements: In some cases, we may use or disclose your Personal Information to a third party if we are required to do so by law, to prevent misuse of the Site, or to protect our personal safety or that of others.

No Sharing of Your Personal Information

We will not disclose or otherwise share your Personal Information with anyone outside Fertility Ukraine, except as described in this Privacy Policy.

Third Party Sites and Services

We have third party agents that perform functions on our behalf, including but not limited to hosting, content management and social media integration. These entities may have access to Personal Information if needed to perform their functions. If such access is required, the third parties will be obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, distributing, or altering this data in any way other than to provide the requested services to the Site.

Our Site interacts with social media platforms such as Facebook, Twitter, and others. You should review their privacy policies if you choose to post information from our Site to these platforms.

Fertility Ukraine is not responsible for the privacy practices of these social media sites or other sites linked to our Site.

Access to Your Personal Information and Your Rights

It is important to us that you are able to access and review the Personal Information we have about you. You may, at any time, request to access, verify, correct, delete, and/or transfer your Personal Information. You may also object to the use of your Personal Information or request that its use be limited. To do so, simply send us an email at privacy@fertilityukraine.com or contact us by mail at the address below.

How We Store and Protect Your Information

We retain information as long as it is necessary to perform our services in accordance with legal requirements and accounting rules. After it is no longer necessary to retain information, we dispose of it in a secure manner.

For a short time your Personal Information may be stored on our in-house servers/devices and then is transferred for storage on a cloud-based servers hosted by our vendors. To better protect your Personal Information we use GDPR and HIPAA compliant end-to end encrypted data storage and file sharing solutions. We employ industry-standard security measures to protect your information, including the use of physical, technical, and administrative controls. We update and test our security technology on an ongoing basis. While we use our best efforts to safeguard your Personal Information once we receive it, any transmission of data over the internet or any other public network carries certain risk.

Minors

Our Site is not intended for children under the age of eighteen and we do not knowingly collect Personal Information from children under eighteen years of age. If you are under eighteen years of age, do not provide Personal Information to us without providing us with personal consent from your parents. If we become aware that a child under the age of eighteen has provided us with Personal Information and we do not have parental consent, we will immediately delete that child’s information from our records. If you believe that we have been provided with the Personal Information of a child under the age of eighteen without parental consent, please notify us immediately at privacy@fertilityukraine.com.

GENERAL PROVISIONS

These Terms of Use and Privacy Policy shall be governed by and construed in accordance with the laws of Ukraine, without giving effect to any conflicts of law. You agree that any action at law or in equity arising out of the relating to these Terms of Use of Privacy Policy shall be filed and that venue properly lies, only in corresponding courts of the city of Kyiv, Ukraine, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigation of such action.

If any provision of these Terms of Use or Privacy Policy shall be unlawful or void or for any other reason unenforceable then that provision shall be deemed severable from these Terms of Use and Privacy Policy and shall not affect the validity and enforceability of any remaining provisions.

No waiver of any provision of these Terms of Use or Privacy Policy by us shall be deemed a further or continuing waiver of such provision or any other provision and our failure to assert any right or provision under these Terms of Use or Privacy Policy shall not constitute a waiver of such right or provision.

Questions?

If you have questions about our Terms of Use or Privacy Policy, you may: email us privacy@fertilityukraine.com

or send us a regular mail:
Legal Counsel
Fertility Ukraine LLC
Studentska Street 5-7 B
04050, Kyiv, Ukraine

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