Last Updated: January 1, 2024

Privacy Policy

FirmTech, Inc. (“FirmTech” or “We” or “Our” or the “Company”) values the privacy of the individuals who use our website, mobile application and related services (collectively, our “Services”). This privacy policy ("Privacy Policy") describes FirmTech’s practices for collecting, storing, using, disclosing, and protecting information. This policy applies to information we collect: when you visit or otherwise use or website (the “Website”), when you visit or otherwise use our mobile application (the "App"), when you interact with us through email, text and/or other electronic messages, (collectively, the "Site"). 

This Privacy Policy does not apply to other websites to which we may link, or to other companies or persons who might be listed as third-party contacts on our Site, or to whom we may refer you if you contact us.

We may change Our Privacy Policy from time to time. If the changes are material, we will notify you by email or through the App. If permitted by law, your continued use of the Services after this policy has been updated indicates your acceptance of changes made. In some cases, you will be given a choice to accept changes to this policy. If you do not accept the terms of the Privacy Policy, please do not use the Services. 

What This Privacy Policy Covers

This Privacy Policy describes the following general aspects of Our collection and processing of information concerning you:

How We Protect Your Information

• Information We Collect
• How We Use The Information Collected
• Technologies Used to Collect Information
• How We Share the Information We Collect
• Information for Minors Under the Age of 13
• International Visitors
• Your Choices Regarding Your Information
• Sharing of Information with Third Parties
• Your California Privacy Rights
• Changes to Our Privacy Policy
• How to Contact Us
• Accessibility 

We may collect personal information about you in a variety of ways, including directly from you as well as automatically through your use of Our Site or Services.

How We Protect Your Information

Other than your name, zip code and e-mail address, it is entirely your choice whether or not you provide certain Personal Information (defined below) to us. We have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, use, modification and disclosure and maintain data security, and correctly use the Personal Information collected through the Site. We take, or obligate applicable third parties to take, reasonable precautions to protect our users' Personal Information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, no transmission of data over the Internet or any wireless network or stored and utilized for business purposes can be guaranteed to be 100% secure, and no security measures are perfect or impenetrable. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information we received, store or other utilize.  Therefore, we advise you that if you provide us with your information you do so at your own risk.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at legal@myfirmtech.com.

Information We Collect

Information Collected Directly From You. We may collect the following “Personal Information” directly from you:

• If you create an account with us (which may be required to access certain features of Our Site and Services), we will collect your first and last name, email address, zip code, preferred password, and information for security questions;
• In connection with your account and, if provided by you, we may collect your date of birth, mailing address, and answers to survey questions regarding goods and services that may be of interest to you;
• If you take one of our surveys, participate in our questionnaires, or otherwise interact with Our Website, we may ask you to provide information about yourself including your sexual health and lifestyle. This information may include your age, sex and race, as well as medications you take, health conditions you might have, information about sexual partners, whether you use contraception, and other information. We may use this data anonymously for research purposes and will not share any identifier to you without your permission. This information should not be provided if you do not want us to have this information.
• If you purchase a product or service via Our Site, we may collect your first and last name, email address, mailing address, and billing information;
• If you contact us with a question related to our products or services, we may collect your first and last name, email address or phone number, and product or service details;
• Personal Information (excluding personal health data, which will not be shared) will only be shared with your permission.
• Information We Collect Automatically. We may automatically collect the following information (including some personal information) about your use of our Site or Services.
• Device and Usage Information: We collect information about how you access Our Site or Services, including data about the device and network you use, such as your domain name, device ID, browser type and operating system, Internet Protocol (IP) address, the referring Uniform Resource Locator (URL), and the webpage that led you to Our Site. We also collect information about your “Usage Data," which includes data relating to usage of your device(s), such as the actions you take within and outside of the App, the browser and/or device you use, the date and time of your use of the Website or App, particular preferences you have chosen, and the apps you used before and after using our App, location data, and other communication data and the resources that you use to access and use our App.
• Transactional Information: When you make a purchase or return, we collect information about the transaction, such as the product details, purchase price, and data and location of the transaction.
• Information from Other Sources. We may also obtain information and data containing Personal Information from other sources. Such other sources may include information collected from advertising networks, social networks, data analytic providers and other third-party sources.

How We Use the Information Collected

We may use your information for the following purposes:

• Your consent. Through the website or the App, you can give us permission to process health data to provide the Services. 
• For customer service purposes. For example, to provide our Services to you, communicate with you about your use of our Services, respond to any inquiries you may have, fulfill your orders including payment processing, and for other customer service purposes.
• To personalize your experience while using Our Site and Services. We strive to tailor the content and information that we may send or display to you, to offer location customization, and personalize help and instructions.
• For marketing and promotional purposes. For example, we may use your Personal Information, such as your email address, to send you newsletters, marketing emails, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We may use the Personal Information that we collect to assist us in advertising our Services on third-party websites; however, will request your permission prior to sharing your Personal Information with a third party. 
• To improve our Site and Services. By collecting information on an aggregated and individualized basis, we are better positioned to understand how users access and use Our Site and Services, which allows us to improve Our Site and Services, respond to user desires and preferences, and for other research and analytical purposes.
• To protect FirmTech and others. It may be necessary for us to investigate, prevent, or take action regarding illegal activities, suspected fraud, or potential threats to the rights and property of FirmTech, the safety of any person, or as necessary to comply with law.
• For legal purposes. It may be necessary for us to enforce our legal rights such as the Terms of Service, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
• For technical maintenance. From time to time, we may need to debug, identify, and repair errors in Our Site and Services.

Technologies Used to Collect Information

Use of Web Beacons, Clear-GIFs, Pixel Tags and JavaScript. We may use "pixel tags" (also called "action pixels," "web beacons" or "clear gifs") and/or JavaScript plug-ins, placed on our Sites, App and in our emails to you. Both pixel tags, which are small graphic images (typically that you cannot see), and JavaScript plug-ins, which are code on a website or in an email message, are used for such things as recording links and advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices help us analyze our users' online behavior and measure the effectiveness of our Site and our marketing. We also work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these devices through the Sites, App and/or in emails to use information obtained from them such as pages viewed, emails opened and items upon which you may click in emails.

Notifications. We may communicate with you via push notification, email, SMS, MMS or other text message ("Message") (to the extent you permit us to do so), and we may collect information regarding such communications, such as confirmation when you open an email, read a Message or receive a push notification. We use this information to improve our services, including without limitation our customer support.

Third-Party Analytics. We may use automated devices and applications, such as Google Analytics, to evaluate usage of Our Site. We also may use other analytic means to evaluate Our Site. We use these tools to help us improve Our Site’s performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (Flash LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Third-Party Ad Networks. We may use third-parties such as network advertisers to display advertisements on Our Site, to assist us in displaying advertisements on third-party websites, and to evaluate the success of our advertising campaigns. Network advertisers are third-parties that display advertisements based on your visits to Our Site as well as other websites. This enables us and these third-parties to target advertisements by displaying ads for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third-party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of Our Site and Services, as well as aggregate or de-identified information about visitors to Our Site and users of our Services.

You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/ optout_nonppii.asp (NAI) and www.aboutads.info/ choices (DAA).

Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on Our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites accessible by the above links.

How We Share or Disclose the Information We Collect

We may share your Personal Information as follows:

Affiliates. We may disclose information we collect from you with our affiliates; however, if we do so, their use and disclosure of your Personal Information will be subject to this Privacy Policy including but not limited to the information being provided anonymously.

Service Providers. We may disclose information we collect from you to third-party vendors, contractors or agents, that perform functions on our behalf for specific business purposes, such as order processing and fulfillment, customer service, research, administration of promotions, sending and tailoring communications, and performing data analytics.

Business Transactions. If we are acquired by or merge with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company. We will advise you in advance if your data will be subject to this type of transfer. 

To Comply with the Law and Our Legal Obligations. We also may disclose the information we collect from you to comply with the law, a legal proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

To Protect FirmTech and Others. To the extent necessary to detect, block, report and mitigate cyber-threats, improve our network and information security, and in order to prevent or detect fraud. Network and information security means the ability of a network or of an information system to resist events, attacks or unlawful or malicious actions that could compromise the availability, authenticity, integrity and confidentiality of stored or transmitted data, or the security of the related services offered by, or accessible via those networks and systems. We may use your information to cooperate with police and other governmental authorities, or to protect the rights, property or safety of our Site users or the public.

Aggregate, Anonymized, and De-Identified Information. We may share aggregate, anonymized, or de-identified information about users that cannot reasonably be used to identify you.

Consent. We may also disclose your information with your permission.

We do not authorize third parties to use your data for purposes other than for which it has been provided, and do not authorize third parties to disclose that information to unauthorized parties or use that information for their own direct marketing purposes.

Information Related to Minors Under the Age of 13

We recognize the importance of children's safety and privacy. The Website and App are not designed to attract minors, and are not directed at, or intended for use by, children under the age of 13. In accordance with the Children's Online Privacy Protection Act ("COPPA"), we do not request or collect any personally identifiable information ("PII") from anyone who we know to be under the age of 13. If you are under the age of 13, you should not register with, or provide information to us. If you are a parent of legal guardian or a child under the 13 years of age and you believe your child has provided us with Personal Information, please contact us at legal@myfirmtech.com. 

If we become aware that a user of our Site is under the age of 13 and has provided other PII without prior verifiable parental consent, we will take all commercially reasonable steps to delete such information from our files and not to use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). We ask all parents and legal guardians to assist us in our efforts to comply with COPPA by prohibiting children under the age of 13 from providing us with any of their PII or using the Site without parental oversight and assistance. If you have knowledge or become aware that a child under the age of 13 has submitted PII to us, please contact us and we will remove that child's PII from our files. If you are under the age of 18, you should use the Site only with the involvement of a parent or legal guardian and should not submit any PII to us.

If you are resident of California under the age of 18, please see also see the Your California Privacy Rights Section of this Privacy Policy.

Your Privacy Rights and Choices Regarding Your Information

We are committed to providing you with individual privacy rights standard to the General Data Protection Regulation (GDPR) related to your Personal Information, no matter where you are located. These rights and choices include: 

Correction of Your Personal Information. If you believe that your Personal Information is inaccurate, you can contact us and request to correct such Personal Information. 

Restriction of Processing. You have the right to request that the processing of your Personal Information be restricted in certain circumstances. For example, you have the right to request the restriction of your Personal Information is you contest the accuracy of your Personal Information while we work to verify it accuracy.   

Deleting of Your Personal Information. You may request that we delete your Personal Information if you withdraw your consent to our collection and processing of such data. Please be aware that erasing some Personal Information may affect your experience using certain features of the Services that rely on historical data.

Marketing Communications. You can unsubscribe from marketing emails from us via the link provided in those emails. Even if you opt-out of receiving promotional messages from us, you may continue to receive emails from us for other certain circumstances, such as for administrative purposes. Please note that it may take up to 10 business days for us to process opt-out requests.

Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests because a uniform technological standard has not yet been developed. We may honor “do not track” signals in the future. You may, however, disable certain tracking by opting-out of targeted advertising as noted below.

If you choose not to provide us with information we collect, some features of Our Services may not work as intended.

Email us at legal@myfirmtech.com to exercise your privacy rights. We will require you to prove your identity. We will address your request within 30 days after receipt. It can take us up to 90 days in some cases, for example for full deletion of your Personal Information stored. We will let you know if we need more time and explain the reasons for the delay.

Sharing of Information with Third Parties.

We may share personally identifiable information and non-personally identifiable information externally with our affiliates and other third-party service providers who help us provide services for our customers, the Site and our business.  However, we require these service providers to use your information in accordance with this Privacy Policy for the following purposes:

Email Marketing Services Providers. Business entities that provide email address management and communication contact services;

Information Technology Service Providers. Network equipment, artificial intelligence platforms, application management providers and hosting entities;

Credit Processing Companies and Related Financial Institutions. Credit and debit card payment gateways and processors; the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts;

Shipping Providers. We may share your information with certain providers in order to have our products delivered to you; 

Other Service Providers. Other service providers which may be involved in the other types of services and activities necessary for our business. For example, we rely on AWS (Amazon Web Services, Inc.) to store your Personal Information when you use the App. 

We may also share personally identifiable information and non-personally identifiable information with selected third parties for the following reasons:

Legal and Investigator Service Providers. We may share your information with judicial, administrative, legal, financial and/or accounting providers, and related government entities and adverse parties. Some instances where this may occur include: if we are required to respond to civil and/or criminal investigations, claims and/or lawsuits, or if we are subject to judicial or administrative process (such as a subpoena) to release your information or to prosecute or defend legal actions, and as we believe is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.

Corporate Transactions. In the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organization, we may need to transfer some or all of your information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or re-organization. We may also need to transfer your information to that re-organized entity or third party after the sale or reorganization for them to use for the same purposes as set out in this policy. As stated above, we will inform you if such a transaction will impact your Personal Information. 

Scientific Research. We may aggregate, anonymize, or de-identify your Personal Information so that it cannot reasonably be used to identify you. We may share such de-identified and anonymous data with third parties such as academic research institutions or use the data for statistical purposes. For example, we may share or use general age and demographic information and aggregate statistics about certain activities or symptoms from data collected to help identify patterns (e.g. SHIM score and medications) across users in articles, blog posts, and scientific publications. Sharing such data may contribute to the advancement of scientific research on sexual wellness. For any targeted academic or user research studies that would require data that is not anonymous or de-identified, we will contact you and rely on your consent. You can withdraw your consent at any time by emailing us at legal@myfirmtech.com. 

The use of your information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected.

Third-parties may use various forms of technology through our Site to collect personally identifiable information and non-personally identifiable information.  In these instances, your information is also governed by that third-party's privacy policy.  These technologies may include:

Social media platforms. We maintain presences on social media platforms, including Facebook and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

By your own actions, you may also be able to share personally identifiable information and non-personally identifiable information with third parties through our Site, such as when you:

Post Information. You may be able to post information and materials publicly. If you post any information on the Site, it will be deemed “User Content” and available to the general public. Please do not post any personally identifiable information. If you do post personally identifiable information, you do so at your own risk, and consent to it being used as User Content, in accordance with our Terms of Service.

Use Social Media and Social Media Widgets. Certain widgets embedded in our Site may enable you to post information and materials publicly on social media pages. If you post any information on social media, it will be deemed public information and available to the general public. If you do post personally identifiable information, you do so at your own risk, and consent to it being used as User Content, in accordance with our Terms of Service. Your interactions with those widgets and platforms are also governed by the privacy policies of the companies that provide them.

We will not sell, rent or transfer your Personal Information to third parties for monetary gain. However, we may use tracking technologies, which may in some cases constitute the sale of Personal Information under the California Consumer Privacy Act (“CCPA”) or other privacy laws.  If you would rather that we do not share your information for these purposes, see how to opt-out below.

Security 

We implement technical and organizational measures in an effort to protect Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the nature of the Personal Information that we process and risks associated with special categories of Personal Information we collect. This includes:

• Encryption of your Personal Information in transit and in rest
• Protection of data integrity
• Organizational and legal measures: For example, we restrict our employee access to your Personal Information and only a few employees have access your Personal Information for limited and necessary purposes required for the operation of the Services. We impose strict liability on our employees for any disclosure, unauthorized access, alteration, destruction, or misuse of your Personal Information.

Please protect your password. Do not share your password or allow others to use your mobile device. No security system is perfect. Therefore, we cannot guarantee the absolute security of the Services or that your information will not be intercepted while being transmitted to us.

International Visitors

Our Site and Services are hosted in the United States. If you choose to use the Site and Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal information, on or to the Site or Services, you consent to such transfer, storage, and processing.

Your California Privacy Rights

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that consumer's Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that either do not disclose Personal Information to third parties for direct marketing purposes without prior approval or gives a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes (for more detail on our policy, please see the Section above entitled "Sharing of Information with Third Parties"). California users may request further information about their rights under this law and our policy by writing to us customerservice@myfirmtech.com, using the subject line "CA Request for Information," and requesting further information.  We may need to request additional information from you to verify your identity and determine you have the necessary rights to access the information.

If you are a California resident under the age of 18, and a registered user of our Website or App, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to customerservice@myfirmtech.com and include "CA Removal Request" in the subject line. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

If you would like to exercise your rights under California law, please send your written request to legal@myfirmtech.com. Please include your postal address in your request.

Changes to Our Privacy Policy

We reserve the right to change this Privacy Policy at any time, in whole or in part, at our discretion and you will receive a notification of any material changes or updates. In the event we make a material change to this Privacy Policy, such policy will be re-posted in the "Privacy Policy" section of Our Site with the date such modifications were made indicated on the top of the page. If you have any questions about the changes that were implemented, please contact us at legal@myfirmtech.com and include "Information Regarding Updated Policy" in the subject line. If you do not consent to any privacy policy change, please do not use the Site or opt out by sending us an appropriate notice.

This Privacy Policy and each of its revisions is effective as of the date it is posted, which is indicated by the Last Updated date found at the top of the policy.

How to Contact Us

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

customerservice@myfirmtech.com or legal@myfirmtech.com 

Accessibility

FirmTech strongly believes that everyone deserves sexual wellness. And that means providing as many people as possible, including those with disabilities, with access to our products and educational content. In keeping with this belief, we are working to make our site more user-friendly for visitors who require assistive technology.

As we learn more about accessibility and develop new assistive technologies, we are continuing to improve our site. If you run into any accessibility problems, please contact our customer service team for help.