What is the relationship between BMI and fertility treatments?

I. Privacy Policy Statement

Star Fertility Private Limited, (along with its subsidiaries and affiliates (hereinafter referred to as any of the following: “we”, “us”, “our”, “Companies” or “Ferty9”) is a company registered under the Companies Act, 2013, having its registered offices at: H. No. 10-3-162, 2nd Floor, NCL Pearl, SD Road, Secunderabad, Hyderabad, Telangana – 500026, India. We are the publisher of the internet resource – https://www.ferty9.com, and all its sub-domains, on the world wide web as well as other software and applications, including but not limited to mobile applications (“Computer Resources”), used by us, or which aide us, in any form, and/or manner for the lawful operation of our medical clinics that are engaged in the provision of infertility medical treatments i.e., in-vitro fertilization (“IVF”), intrauterine insemination (“IUI”) and other related, and/or ancillary fertility services.

All such Computer Resources, along with the provision of infertility medical treatments, i.e., IVF, IUI and other related, and/or ancillary fertility services at our medical clinics or otherwise, etc., which are visited, accessed, availed, or used by our customers (hereinafter referred to as any of the following: “you”, “your”, “user”, or “users”, and includes any relative, guardian, caretaker, or authorised representatives acting on behalf of you, or representing you) shall collectively be referred to as “Services”.

This policy (“Privacy Policy”) describes the type of information, and/or data, whether personal or otherwise (as defined below, and under the applicable law) (“Sensitive Personal Data or Information”), we collect, how we collect and, use such collected Sensitive Personal Data or Information, how we process and protect the Sensitive Personal Data or Information collected from you, the duration for which we retain your Sensitive Personal Data or Information, to whom we transfer, or share such Sensitive Personal Data or Information with, and the details of our grievance officer.

This policy (“Privacy Policy”) is published pursuant to, and in compliance with the provisions of the Information Technology Act, 2000, and the rules framed thereunder, more specifically the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended thereof and any other applicable law(s) enacted from time to time including the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Aadhaar (Sharing of Information) Regulations, 2016, and Aadhaar (Authentication and Offline Verification) Regulations, 2021, as amended thereof (Collectively, “Aadhaar Regulations”).

We reserve the right to change, modify, add or delete any term(s), or part thereof, of our Privacy Policy, at our sole discretion, at any time, and publish the same.

Please take a moment to familiarize yourself with our Privacy Policy before you proceed further to use our Services.

II. Consent Disclaimer

The Privacy Policy applies to all users of our Services (whether present or past). By using our Services or by otherwise giving us your Personal Sensitive Data or Information, you agree to the terms of our Privacy Policy, and you hereby, consent to our collection of, use and sharing, or transferring with third parties, our affiliates, our advisors etc., your Personal Sensitive Data or Information as outlined and described in our Privacy Policy. Further, if you are using our Services on behalf of someone else, or an entity, you shall at all times represent, that you are duly authorised by such person, or entity to enter into and accept and be bound by the terms of this Privacy Policy.

Express Consent: Collection of details which are designated as Sensitive Personal Data or Information under Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended thereof, requires your express consent. By affirming your assent to our Privacy Policy, you provide your express consent to be bound by the terms of our Privacy Policy, and you hereby agree, that your consent is provided to us, in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended thereof. Our Services may not be available to you in the event you do not agree to give us your express consent.

Consent of Aadhaar number holder: You hereby are voluntarily providing us your identity information, as contemplated under the Aadhaar Regulations, and you hereby, give us your consent in electronic form, to use the same in accordance with this Privacy Policy.

You understand and agree that Ferty9 will treat your use of the Services as an express acceptance of this Privacy Policy from such point of use.

Accuracy of Information: You shall, at all times while using our Services, be responsible for maintaining the accuracy of the Sensitive Personal Data or Information, you provide us. If there is any change in the details of the Sensitive Personal Data or Information shared/submitted by you, you will promptly notify us by contacting our representatives at info@ferty9.com

If you provide us your identity information, as contemplated under the Aadhaar Regulations, the same shall be deemed to be successfully verified, unless contrary is notified by us.

Opt-out: If you do not agree or wish to be bound by the terms of Privacy Policy, please stop using our Services immediately, and refrain from providing us any information which may be covered within the ambit of this Privacy Policy.

III. The kind of Information we collect

In order for us to ensure that you get the best and uninterrupted Services, we may, or our business partners on our behalf, may collect any or all of your Sensitive Personal Data or information, which may include:

• Contact details, such as your name, gender, occupation, address, place of work, phone, email and other identity related details, which may include identity information (on voluntary basis), as contemplated under the Aadhaar Regulations, permanent account number, etc.;
• Biometric and medical records;
• Any other details relating to the above clauses, which you may choose to voluntarily choose to share with us, or as would be required by us for providing Services;
• Apart from the Information stated above, and in order for us to personalise and improve your experience when you are using/browsing/accessing our Computer Resources, we may also collect your details using cookies. Cookies are alphanumeric identifiers with small amount of data that is stored on your device’s hard drive containing details about your, which is commonly used as an anonymous unique identifier.

Provided that, any details that is freely available or accessible in public domain shall not be regarded as Sensitive Personal Data or Information.

IV. Use of Personal Sensitive Data or Information collected

You agree and acknowledge that all Sensitive Personal Data or Information gathered from you, is voluntarily provided by you, and we may use your Sensitive Personal Data or Information for purposes which may include:

• To maintain, conduct/provide you our Services, including delivery of medical care, procedures, and/or treatment and other related services;
• To provide you access to our customer support team, process transactions, send notices about your transactions in relation to our Services, verify your identity, and for billing and invoicing related purposes;
• To resolve disputes, collect our fees in relation to the Services rendered by us;
• To avert a serious threat to your health or safety, which means that we may collate any or all of your medical records, reports and other related details;
• To use and share your Sensitive Personal Data or Information with third parties with whom we have contractual relationship.
• To conduct routine audits and quality procedure assessments, general business purposes, and to comply with applicable law, our standard operating procedures and best practices;
• To conduct research, statistical analysis and business intelligence purposes and its transfer thereof;
• To fulfil any other purpose for which you provide or authorise us to use your Sensitive Personal Data or Information

V. Disclosure of your Sensitive Personal Data or Information

We will not sell or rent your Sensitive Personal Data or Information to anyone, for any reason, at any time. However, we may share/transfer your Sensitive Personal Data or Information with our affiliates and business partners acting on behalf of us, if we feel that such sharing/transfer would be beneficial to you in relation to our Services or would be necessary for us to provide you, our Services. We may share/transfer your Sensitive Personal Data or Information with any or all, which may include:

• Physicians, hospitals, and healthcare related agencies, etc., in relation to our Services;
• Members of our corporate family, to jointly provide you our Services;
• third parties, including but not limited to insurance companies, intermediaries, sponsors, software providers, advisors or any other parties who may make payments on your behalf for the Services availed by you, or any other contractor, service provider, who shall be bound by contractual obligations to keep your Sensitive Personal Data or Information confidential;
• any party, as may be required by law, which may include providing Sensitive Personal Data or Information by a court order;
• government institutions to the extent required under the laws, including in response to enquiries by government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences, and/or to protect and defend our rights or property;
• buyer/acquirer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of same or all our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceedings, in which Sensitive Personal Data or Information maintained by us is among the assets transferred;
• any other body corporate or a person in India, or located in any other country; and
• Without prejudice to the foregoing, we may also share/transfer your Sensitive Personal Data or Information when we believe in good faith that such disclosure is necessary to protect your safety or the safety of others, or for any other purpose, at our complete discretion.

All disclosures with respect to your Sensitive Personal Data or Information shall be made on a need-to-know basis, and only when such disclosure is necessary. Party(ies) with whom, including our employees, we may share or transfer your Sensitive Personal Data or Information, shall be obliged to respect its confidentiality. We shall also ensure that the level of data protection security, that is adhered to by us, is also adhered to by such party(ies), with whom we may disclose your Sensitive Personal Data or Information, from time to time.

Please note that for the purposes of Aadhaar Regulations, we shall only collect your identity information, if the same is provided to us on a voluntary basis, and if, any disclosure with respect to the identity information is required to be made by us, the same shall be made in accordance with the Aadhaar Regulations.

VI. Retention Policy

Sensitive Personal Data or Information will be held by us, for as long as it is necessary to fulfil the purpose for which it was collected, or as required by applicable laws. We may also put in place measures to ensure that your information in our possession or under our control is destroyed and/or anonymized, provided: (i) the purpose for which the Sensitive Personal Data or Information was collected is no longer served by the retention of such Sensitive Personal Data or Information; (ii) the retention is no longer necessary under any applicable law; or (iii) at our complete discretion, and for any reason, either technical, commercial, or otherwise, we feel that such retention of Sensitive Personal Data or Information is not required anymore.

We store and process your Sensitive Personal Data or Information in data centres located in India, and we may, if required and in accordance with the terms of Privacy Policy and subject to applicable law, transfer your Sensitive Personal Data or Information outside of the jurisdiction, from time to time.

VII. Reasonable Security Practices and Procedures adopted by us

We use appropriate technical and organisational security measures, when the Sensitive Personal Data or Information is collected through, and/or on our Computer Resources, or at our clinics, with or without Computer Resources, to ensure a level of protection to your Sensitive Personal Data or Information which is commensurate to the risk, taking into account the implementation costs and the nature, scope, context, and purposes of processing, or storing your Sensitive Personal Data or Information.

We undertake reasonable security practices and procedures, that are designed to protect such Sensitive Personal Data or Information from unauthorised access, damage, use, modification, disclosure, or impairment.

If you have any queries about the security practices and procedures adopted by us, you may contact us at info@ferty9.com

VIII. Grievance Officer and Contact Information

If you have any questions about the Privacy Policy, including the type of Sensitive Personal Data or Information, we collect, how we use such collected Sensitive Personal Data or Information, how we process and protect the Sensitive Personal Data or Information collected from you, you may contact us at info@ferty9.com

In accordance with Rule 5 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended from time to time, if you have any grievances with respect to processing of Sensitive Personal Data or Information, you may communicate such grievance to:

The Grievance Officer,
Ferty9

• C Jyothi Budi – jyothic23@gmail.com
• P Naveen Kumar – naveen@ferty9.com
• B Siddesh – siddesh@ferty9.com
• L Jhansi – jhansi@ferty9.com
• Latha – latha@ferty9.com

We are committed to addressing, any or all discrepancies, or your grievances with respect to the Privacy Policy, as expeditiously as possible, and all such discrepancies or grievances shall be redressed within a maximum period of 1 (One) month from the date of receipt of your grievance with our designated grievance officer.

IX. Miscellaneous Provisions

The heading references herein are for convenience purposes only and shall not affect the construction or interpretation of any provision of this Privacy Policy.

Reference to the word “include” or “including” shall be construed without limitation.

The Privacy Policy shall, at all times, be read along with the provisions of our Terms of Services, available at the link https://www.ferty9.com/tos/ (as amended from time to time).

I. Terms of usage

Star Fertility Private Limited, (along with its subsidiaries and affiliates (hereinafter referred to as any of the following: “we”, “us”, “our”, “Companies” or “Ferty9”) is a company registered under the Companies Act, 2013, having its registered offices at: H. No. 10-3-162, 2nd Floor, NCL Pearl, SD Road, Secunderabad, Hyderabad, Telangana – 500026, India. We are the publisher of the internet resource – https://www.ferty9.com, and all its sub-domains, on the world wide web as well as other software and applications, including but not limited to mobile applications (Collectively, “Computer Resources”), used by us, or which aide us, in any form, and/or manner for the lawful operation of our medical clinics that are engaged in the provision of infertility medical treatments i.e., in-vitro fertilization (“IVF”), intrauterine insemination (“IUI”) and other related, and/or ancillary fertility services.

All such Computer Resources, along with the provision of infertility medical treatments, i.e., IVF, IUI and other related, and/or ancillary fertility services at our medical clinics or otherwise, etc., which are visited, accessed, availed, or used by our customers (hereinafter referred to as any of the following: “you”, “your”, “user”, or “users”, and includes any relative, guardian, caretaker, or authorised representatives acting on behalf of you, or representing you) shall individual be referred to as “Service” and jointly as “Services”. Further, Ferty9, and you, shall hereinafter, where the context so permits, be referred to individually as “Party” and jointly as “Parties”.

These terms and conditions, along with our Privacy Policy, available at the link https://www.ferty9.com/pp/ (as amended from time to time), together shall constitute a legal agreement between you and Ferty9, in connection with you availing our Services (Collectively, “Terms of Services”). Terms of Services shall be applicable to all Services made available by us at our premises, including through the internet resource, https://www.ferty9.com, and all its sub-domains, on the world wide web as well as other software and applications, including but not limited to mobile applications, as may be used from time to time by us, in connection with our Services.

These Terms of Services describe our relationship with you and will be subject to the rules, guidelines, policies, terms, and conditions applicable to any specific Service that is provided by us, and they shall be deemed to be incorporated into these Terms of Services and shall be considered as part and parcel of this Terms of Services.

Please take a moment to familiarize yourself with our Terms of Services before you proceed further to use our Services.

II. Consent Disclaimer

The Terms of Services applies to all users of our Services (whether present or past) of our Services. By using our Services, whether through Computer Resources, or at our medical clinics, with or without the aide of Computer Resources, you agree to be bound by the provisions of our Terms of Services, by such usage, If you are using our Services on behalf of someone else, or an entity, you shall at all times represent, that you are duly authorised by such person, or entity to enter into and accept and be bound by the terms of these Terms of Services.

You understand and agree that Ferty9 will treat your use of the Services as an express acceptance of these Terms of Services from such point of use.

Opt-out: If you do not agree or wish to be bound by the terms of Privacy Policy, please stop using our Services immediately.

III. Disclaimer

The Services provided by Ferty9 is provided on an “as available” and “as is” basis, and without any warranties or conditions.

We display on our website: www.ferty9.com, relevant information regarding the profile of our practitioners, which may include their qualifications, specialisation, and other similar details for your perusal and convenience. We may also, from time to time, publish suggestions, guidance, and other such related material through, or on our Computer Resources, however, such information shall not be construed to create a professional and patient relationship, between Ferty9 and you. It is hereby clarified that, such information would not constitute as a medical, or professional advice or a substitute for such advice. Please do not act on the basis of any statement contained therein, without seeking professional medical advice.

We do take reasonable efforts to ensure that such information is updated from time to time, however, we do not warrant that any content or information provided through our Computer Resources is accurate, correct, complete or up-to-date, and hereby disclaim any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. We shall assume no liability for the interpretation and/or use of the content and/or information contained on our Computer Resources, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

IV. Ownership of Intellectual Property

All rights in and in relation to all intellectual property rights subsisting in the products, processes, etc., manufactured, developed, being developed and/or proposed to be developed by Ferty9, including all patents, patent applications, moral rights, trademarks, trade names, service marks, service names, brand names, internet domain names and sub-domains, inventions, processes, formulae, copyrights, business and product names, logos, slogans, trade secrets, industrial models, designs, methodologies, technical information, manufacturing, engineering and technical drawings, databases, knowledge, formulas, formulations, recipes, know-how, all pending applications for and registrations of patents, entity models, trademarks, service marks, copyrights, designs and internet domain names and sub-domains and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not and including applications to register or rights to apply for registration) in each case anywhere in the world (Collectively, “Intellectual Property”), are held by Ferty9, and such Intellectual Property shall not be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form or manner without prior written permission of Ferty9. Any unauthorized use of our Intellectual Property could result in criminal or civil penalties.

V. Termination of Terms of Services

We reserve the right, in our sole and absolute discretion, to suspend or terminate your use of our Services, without notice and without liability to your or any third party, for any reason, including violation of our Terms of Services. Upon such termination, you hereby agree to stop using our Services immediately.

VI. Indemnity

You agree to indemnify, defend and hold harmless, us, our affiliates, officers, directors, agents, and employees from and against any and all complaints, demands, claims, damage, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way, and without limiting of the foregoing, to: (i) your breach of the Terms of Services, and/or our Privacy Policy; (ii) your access, whether improper, or otherwise, to or use of our Services; and (iii) your breach of any applicable laws or third-party rights.

VII. Limitation of liability

In no manner shall Ferty9 be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including damages for loss of use, data or profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any other intangible losses, even if you are any third party have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, Ferty9’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Ferty9 in relation to availing our Services. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You also agree to consent and acknowledge that Ferty9 shall not be liable for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

VIII. Governing Law and Exclusive Jurisdiction

The Terms of Services and the relationship between the Parties shall be governed by, and interpreted in accordance with the laws of India. You agree that any legal action or proceeding arising out of the above may be brought exclusively in the competent courts having jurisdiction in Hyderabad, Telangana, India, and you further and irrevocably submit to the jurisdiction of such courts.

IX. Severability

Each and every obligation under these Terms of Services shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of these Terms of Services are declared invalid by a court of competent jurisdiction, they shall be deemed to be deleted from these Terms of Services and any such deletion shall not affect the enforceability of the remainder of these Terms of Services not so deleted, provided the fundamental terms of this Terms of Services are not altered.

X. Waiver and Assignment

The failure of Ferty9, or delay in exercising or enforcing any right or provision of these Terms of Services shall not constitute a waiver of such right or provision, and no single or partial exercise of any right under these Terms of Services, shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy under the applicable law or equity.

Any rights or licenses granted to you in accordance with these Terms of Services, shall not be transferred or assigned by you. However, we may assign, in whole or in part, the benefits or obligations of these Terms of Services.

XI. Miscellaneous Provisions

The heading references herein are for convenience purposes only and shall not affect the construction or interpretation of any provision of these Terms of Services.

Reference to the word “include” or “including” shall be construed without limitation.

Should you require any further information with respect to our Terms of Services, you may communicate such requests at info@ferty9.com