Protecting Your Privacy

Plaid’s Privacy Policy

As of January 2025

Thank you for visiting! We have prepared the following so that you (“you” or “User”) understand how we, Flowerday Media Inc. (“FMI”) operating as Plaid Fertility Law (“Plaid,” “Web App,” “we,” “us,” or “our”), protect your data and respect your privacy (“Privacy Policy”). When you browse our website at www.plaidfertilitylaw.com (“Website”) and when you register as a User of the Web App through the portal at www.app.plaidfertilitylaw.com, this Privacy Policy applies to you.

INTRODUCTION

Plaid is a fertility law web application owned by FMI that produces auto-generated fertility law agreements based on Users’ answers to a conditional questioning sequence. Plaid is not a law firm and use of the Web App does not create a solicitor-client relationship. However, all Users are supported by an experienced fertility law firm, namely Flowerday Fertility Law Professional Corporation (“FFL”), owned and operated by Michelle Flowerday, LL.B., where a solicitor-client relationship is created. You can visit FFL at www.flowerdaylaw.ca.

A FEW IMPORTANT TERMS

    • Data Controller: The data controller is the entity that determines the purposes and means of processing personal data. That’s Plaid. We make decisions about what, why, and how data is collected, used, and protected. Plaid ensures that data processing complies with relevant data protection laws and regulations and attends to user rights requests (e.g., access, rectification, erasure).

    • Data Processor: The data processor is the entity that processes personal data on behalf of the data controller. This can include service providers, cloud storage companies, and third-party vendors. That’s DocuSign, Stripe, and Intercom, for instance. They must process the personal data only according to the instructions provided by us, the data controller. They are responsible for implementing appropriate security measures to protect the data they process. They may have limited obligations under data protection laws compared to data controllers, but they still must ensure the protection of personal data.

    • Data Subjects: The data subjects are the people whose personal data is collected, processed, or stored by Plaid. That’s you, the Intended Parents, Surrogates, and Egg, Sperm, and Embryo Donors, and any other person whose information is relevant to an agreement (e.g. the spouse, the guardian, the contact at the clinic, the lawyers).

RESPONSIBILITIES OF THE DATA CONTROLLER, PLAID

What Data is Collected

Here is a list of the data collected by Plaid as you interact with the Web App:

  • Contact Details: Your name, address, telephone number, and email address.

  • Financial Information: Your credit card details, if you are the paying party.

  • Data From Your Agreements: All answers you provide when completing the questionnaires that will produce your agreements.

  • Data That Identifies You: Your IP address, login information, browser type and version, time zone setting, browser plug-in types, geolocation information about where you might be, operating system and version, etc.

  • Data on How You Use Plaid: Your URL clickstreams (the path you take through the Website), products/services viewed, page response times, download errors, how long you stay on our pages, what you do on those pages, how often, and other actions.

Some additional questions you might have about your data:

  • What about sensitive data? Given the nature of the family-building agreements created through the Web App, you will provide us with some data that might be considered sensitive, such as health information, income information, genetic relationships, relationship status, sexual orientation, sexual activity, and the existence of a criminal record, all of which will be protected by this Privacy Policy. Plaid does not collect information about racial or ethnic origin, political opinions, religious or philosophical beliefs, biometric data, or criminal charges or convictions, except when we have your specific consent or when we are required by law.

  • What about children’s data? Plaid is a business-to-customer service directed to and intended for use only by those who are 18 years of age or older, pursuant to minimum age requirements under the Assisted Human Reproduction Act (S.C. 2004, c. 2). We do not target the Web App at children and we do not knowingly collect personal data from anyone who is under 18 years of age.

  • What about updates to this Privacy Policy? This Privacy Policy is effective January 2025 and may be updated from time to time. When we do, we will post an updated version on this page, unless another type of notice is required by applicable law.

Why and How Data is Collected

By law, Plaid can only use your data for certain legitimate interests or reasons and where we have a legal basis to do so. Here is why and how we collect your data:

  • Running Plaid: Login, authentication, and processing payments.

  • Delivering Service: Creating, populating, revising, and executing the agreements you create through the Web App.

  • Supporting Users: Notifying you of any changes to our service, solving issues via live chat support, phone, or email, including any bug fixing.

  • Contacting Users, With Consent: Sending you emails and messages about events and new features, products, and services.

  • Improving Plaid: Testing features, interacting with feedback platforms and questionnaires, managing landing pages, heat mapping our site, traffic optimization, and data analysis and research. If you use our AI assistant, we don’t – and we don’t allow our AI technology provider to – use your data to train models.

  • Marketing Plaid: Identifying you as someone who might wish to use the Web App for your fertility law agreements and marketing Plaid to you and others (for example, featuring you in a case study, if you agree).

How Data is Protected

  • Your data is protected by Plaid’s strict legal compliance with the Personal Information Protection and Electronic Documents Act, SC 2000, c. 5 (“PIPEDA) and the Digital Charter Implementation Act, SC 2020, c. 26 (“DCIA”).

  • We have physical, electronic, and managerial procedures to safeguard and secure the information we collect and process, but you provide personal data at your own risk because unfortunately no data transmission is guaranteed to be 100% secure.

  • The data collected throughout the application is securely stored on DigitalOcean servers, which adhere to stringent privacy regulations and robust security measures to protect Users' information. DigitalOcean's privacy policy can be found here: https://www.digitalocean.com/legal/privacy-policy.

  • The data we collect is maintained on our system for 10 years after you stop being a User.

RESPONSIBILITIES OF THE DATA PROCESSORS

Plaid has entered into agreements with third-party processors which allow us to perform our work. Our agreements with the third parties include protections on the use of your data, including that we do not disclose User data to third parties except as required for the third party to provide their services to you. We partner with third parties who we believe are the best in their field at what they do, including:

  • DocuSign: a cloud-based electronic signature platform that allows individuals and organizations to send, sign, and manage documents securely and electronically;

  • Stripe: a technology company that provides payment processing and financial infrastructure for online businesses; and

  • Intercom: a customer communication platform designed to help businesses engage with their customers through various channels, including chat bots.

RIGHTS AND RESPONSIBILITIES OF THE DATA SUBJECTS, YOU

Data Subject Rights

As data subjects, you have important rights which can be exercised by sending us an email at support@plaidfertilitylaw.com, including:

  • You can choose not to provide us with personal data. If you do so, you can continue using the Website and browse its pages, but we will not be able to process transactions without personal data.

  • You can turn off cookies by activating a setting on your browser, allowing you to refuse cookies, or by using the cookie tool on our Website. You can also delete cookies through your browser settings. If you turn off cookies, you can continue to use the Website and the Web App, but certain services (like our AI assistant) will not work effectively.

  • You can ask us not to use your data for marketing. We will inform you (before collecting your data) if we intend to use your data for marketing and/or if third parties are involved. You can opt out from marketing by emailing us at support@plaidfertilitylaw.com.

  • You have the right to access the data we have about you, including the right to ask us questions about the categories of data we are processing, the purposes of our data processing, how long the data will be stored. We will provide you with the information within one month of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality). We will tell you if we cannot meet your request.

  • You have the right to correct any errors in the data we have about you.

  • You have the right of erasure, meaning the right to be “forgotten."

  • You have the right to lodge a complaint regarding our use of your data. If so, please email us at support@plaidfertilitylaw.com and our privacy officer will be in touch with you directly.

Data Subject Responsibilities

By agreeing to the Terms of Use, you have given your consent to Plaid collecting and processing your personal data for the specific purposes provided. However, you can change your mind! If you have previously given consent, you can freely withdraw such consent at any time by emailing us through our contact form. If you do withdraw your consent, and if we do not have another legal basis for processing your information, then we will stop processing your personal data. If we do have another legal basis for processing your information, then we will communicate the reason to you.

Thank you for trusting the Plaid Fertility Law team!