1. Introduction
Welcome to Fertility Point’s Privacy Policy. We appreciate you taking the time to read all our notices carefully. Fertility Point Limited (“Fertility Point”, “We” “Us” “Our”) is committed to ensuring that your personal data is collected and used lawfully and transparently. We process your personal information under the Data Protection Act 2019 and the Data Protection (General) Regulations, 2021.
2. Who is Fertility Point?
Fertility Point is a leading health care provider, specializing in treatment of infertility and in conducting assisted reproduction procedures thus enabling many to realize the dream of parenthood. Our offices are located at Fortis Suites, Ground floor, 1st and 2nd, Hospital Road in Upperhill, Nairobi, Kenya.
3. What is the purpose of this policy?
To perform our functions, we need to collect certain types of information from various people including prospective job applicants, our clients and their partners, suppliers and vendors, or any other relevant individuals (referred to as “you” or “your” in this Privacy Policy). This Privacy Policy sets out:
- The types of personal data that we collect about you.
- How and why we collect and use your personal data.
- How long we keep your personal data for.
- When, why, and with whom we will share your personal data.
- The legal basis we have for using your personal data.
- The effect of refusing to provide the personal data collected.
- The different rights and choices you have when it comes to your personal data.
- How we may contact you and how you can contact us.
4. Who does this privacy policy apply to?
This Privacy Policy applies to the personal data of:
- Prospective clients
- Clients and their spouses/partners
- Job Applicants
- Third-Party Service Providers
- Website Users
It is important to point out that we may amend this Privacy Policy from time to time. Please visit this page if you want to stay up to date, as we will post any changes here.
5. What personal data do we collect about you
Fertility Point collects Personal Data directly from you as well as from other available sources to the extent permitted by law. Fertility Point endeavors only to collect Personal Data that is necessary for the purpose (s) for which it is collected and to retain such data for no longer than necessary for such purpose (s). Subject to applicable law and practice, the categories of Personal Data that are typically collected and processed are:
| Category of Data Subject | Type of Data Collected |
|---|---|
| Prospective clients | Name, Nationality, postal address, postal code and town, telephone no., email address, mobile no., pin no., ID no., Occupation/Nature of business, source of income, current permanent address, spouse/partner names, dates of birth, height, and weight, next of kin details, confidential medical history. |
| Clients and their Spouse/Partner | Name, telephone number, email address, date of birth/birth certificates, health insurance details, employer, confidential medical history, blood type, diagnosis and treatment notes, fingerprints, |
| Third party service providers | Name, telephone numbers, email addresses, postal address, identification
details such as ID/Passport number, gender, passport photos,
information contained in your curriculum vitae (CV) such as
work/employment
history including details of your employment background, position, work
experience, skills, competencies;
It is important to point out that we may amend this Privacy Policy from time to time. Please visit this page if you want to stay up to date, as we will post any changes here. |
| Job applicants |
It is important to point out that we may amend this Privacy Policy from time to time. Please visit this page if you want to stay up to date, as we will post any changes here. |
| Website users | IP address, access sites, the sites linked from, pages visited, cookies and online identifiers, the links and features used, the content viewed or requested, browser or application type, language, and such other information. |
6. How and for what purpose do we collect your personal data?
Prospective clients
| How we collect your data | Purpose of collecting data |
|---|---|
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Clients and Spouses
| How we collect your data | Purpose of collecting data |
|---|---|
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Third Party Service Providers
| How we Collect your Data | Purpose of collecting data |
|---|---|
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Job Applicants
| How we Collect your Data | Purpose of collecting data |
|---|---|
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Fertility Point does not usually request for sensitive personal information, that is, information regarding your race, ethnicity, political opinions, religion and religious beliefs, details of your spouse or children, sexual orientation or political affiliation. Unless specifically responding to a question asked by us, please do not include sensitive personal data as part of your application. If we do require this information in connection with your application, this will be highlighted to you where we will obtain necessary consents and acknowledgements.
Fertility Point is committed to leveraging each applicant’s skills and competencies to find the right match for a role in the organization as opportunities arise.
If you are successfully hired, Fertility Point keeps this information for the course of the employment relationship and, to the extent permitted, after the termination of employment.
If your application is not successful, we may retain and use your personal data for a further one (1) year to consider you for other job opportunities where permitted by applicable law and/or for as long as necessary to comply with legal record retention requirements. if you do not wish us to retain your personal data, please contact us on privacy@fertilitypoint.co.ke
Website users
| How we Collect your Data | Purpose of collecting data |
|---|---|
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7. Our lawful basis for processing your personal data
Fertility Point only processes your personal data under the following lawful basis:
- Where you consent to the processing for one or more specified purposes and;
- Where the processing is necessary: -
- For the performance of a contract to which you are a party or to take certain steps at your request before entering a contract;
- For compliance with any legal obligation to which Fertility Point is subject;
- To protect your vital interests or another person/individual;
- To enable us to perform a task carried on in public interest or in the exercise of official authority vested in Fertility Point;
- To perform any task carried out by a public authority;
- For legitimate interests pursued by Fertility Point by a third party to whom the data is disclosed, except if the processing is unwarranted in any case having regard to the harm and prejudice to your rights and freedoms or legitimate interests;
- For purpose of historical, statistical, journalistic, literature and art or scientific research.
8. Who do we share your personal data with?
Where appropriate, we may share your personal data in various ways and for various reasons with:
- Appropriate personnel within Fertility Point.
- Individuals and organizations who hold information related to your reference or application to work for us, such as current, past, or prospective employers, educators and examining bodies.
- Health care regulators or other authorities when we believe in good faith that the law or other regulations requires us to share this data
- Third-party service providers who perform functions on our behalf (including medical professionals, accountants, actuaries, auditors, outsourced legal services, insurance service providers, call center service providers; IT systems, support and hosting service providers; printing, advertising, marketing and market research and analysis service providers; banks and financial institutions that service our accounts; document and records management providers; construction consultants; engineers and document storage providers where we have an appropriate processing agreement (or similar protections) in place.
9. Who do we safeguard your personal data?
- We care about protecting your information. That is why we have put in place appropriate measures that are designed to prevent unauthorized access to, and misuse of, your personal data.
- We do this by having in place a range of appropriate technical and organizational measures including measures to deal with any suspected breaches.
- If you suspect any misuse or loss of or unauthorized access to your personal data, please let us know immediately by sending us an email on privacy@fertilitypoint.co.ke
10. How long do we keep your personal data?
- We will only keep your personal data for as long is necessary to achieve the purposes for which it was required unless the retention is required or authorized by law, reasonably necessary for a lawful purpose, you have consented to longer retention periods or if the personal data is required for statistical, journalistic, literature and art or research purposes.
- For the avoidance of doubt
- If you are a Client or Third-Party Service Provider, we will retain your personal data to provide you with services or to receive services from you or to provide you with information about our services that we believe you may be interested in. If you have expressly indicated that you would prefer that we do not retain your personal data, then we will delete it from our systems and records.
- If you are a Prospective Client, Job Applicant or Member of the Public and we have not had any meaningful contact with you for a period of two years, we will delete your personal data from our systems unless we believe in good faith that the law or other regulation requires us to preserve it (for example because of our obligations to tax authorities or in connection with any anticipated litigation). If you expressly indicate that you are not interested in our services, then we will delete your personal data from our systems unless we believe in good faith that the law or other regulation requires us to preserve it. For purpose of this clause, “meaningful contact” means communication between us either verbal or written.
- If you are a Website User, we will retain your personal data for as long as it is necessary to achieve the purpose it was collected or processed for. If this time has come or you have expressly indicated that you are not interested in our website or mobile app services anymore, we will delete it from our systems unless we believe in good faith that the law or other regulation requires us to preserve it for example because of our obligations to tax authorities or in connection with any anticipated litigation).
11. What happens if you do not provide us with the personal data we request or ask that we stop processing your personal data?
Our ability to perform our obligations derived from your contract with Fertility Point and our ability to comply with our legal and contractual obligations sometimes depends on Fertility Point accessing and being able to use certain personal data. Therefore, and depending on the circumstances, if you do not provide us with the personal data we request or if you ask that we stop processing your personal data, we may not be able to perform our contractual obligations, we may be in breach of one or more legal obligations applicable to us. In some cases, if we are not allowed to process your personal data, this may result in us being required to terminate our work relationship with you.
12. What rights do you have over your data?
The Data Protection Act accords you with several rights over your data.
- Right to information : You have a right to be informed of how Fertility Point will use your personal data.
- Right of access : You are entitled to access your personal data that is in our possession or custody.
- Right to object : You can object to the processing of all part of your personal data, unless we can demonstrate a compelling legitimate interest for the processing which overrides your interests or for the establishment, exercise or defence of a legal claim.
- Right to rectification : You have the right to request us to rectify or correct, without undue delay, personal data in our possession or under our control that is inaccurate, outdated, incomplete or misleading
- Right to erasure : You can request us to delete or destroy, without undue delay personal data that we are no longer authorized to retain, or which is irrelevant, excessive, or obtained unlawfully.
- Right to data portability : You have the right to receive personal data concerning you in a structured, commonly used and machine-readable format and to transmit the data to another data controller without hindrance. Where technically possible. have personal data transmitted directly from us to another data controller or data processor.
- Automated decision making : You have the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning or that significantly affects you. Fertility Point may from time to time make decisions based on the automated processing of your personal data. In such instances, you will be informed, in writing, whenever a decision based on automated processing is taken. In addition, you can request us to reconsider any decisions made based on automated processing or to take a new decision that is not based solely on automated processing.
- Right of restriction : You
have the right to request us to restrict the processing of
personal data where: -
A. You contest the accuracy of the personal data
B. The personal data is no longer required for the purpose of the processing
C. The processing is unlawful of you have opposed the erasure of the personal data and requested for restriction of its use instead.
D. you have objected to the processing of personal data, pending verification as to whether the legitimate interests of the data controller or data processor override those of the data subject.
- Right to raise a complaint : You can raise a complaint about our processing with the Regulator i.e. the Data Commissioner in Kenya. You may also be able to seek a remedy through the courts if you believe that your rights have been breached.
- If you wish to exercise any of our rights above, please contact us on privacy@fertilitypoint.co.ke. We will seek to deal with your request without undue delay and in any event, in accordance with the Data Protection Act, 2019 and the Data Protection (General) Regulations, 2021.
- We may ask for identification, because we need to know for certain whether we are issuing the data to the right person
13. How we transfer your data internationally?
- To provide you with the best services and carry out the purposes outlined in this Privacy Policy, your data will be transferred:
- To third party advisors or other suppliers to the Fertility Point’s business
- To overseas clients, where applicable
- Clients within your country, where applicable, who may in turn transfer your data internationally
- To a cloud-based storage provider
- To other third parties as stated in clause 9 of this Privacy Policy
- We will only transfer your personal data outside Kenya where such transfer is compliant with the provisions of the Data Protection Act 2019 and the Data Protection (General) Regulations,2021
- To ensure that your personal data receives adequate levels of protection, we shall put in place appropriate procedures with the third parties we share your personal data with to ensure that your personal information is treated by those third parties in a way that is consistent with, and which respects the data protection laws.
14. What are cookies and how do we use them?
- A "cookie" is a bite-sized piece of data that is stored on your computer's hard drive. They are used by nearly all websites and do not harm your system. We use them to track your activity to help ensure you get the smoothest possible experience when visiting our website. We can use the information from cookies to ensure we present you with options tailored to your preferences on your next visit. We can also use cookies to analyze traffic and for advertising purposes.
- If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings, or you visit our Cookie Preference Center.
- When you first visit our website(s) you will be asked to choose what kind of cookies you want to receive, so we ask for your prior consent for some cookies through our Cookies Preference Center while strictly necessary cookies will be set within our legitimate interests. You may also use your browser’s privacy settings to do this. However, rejecting all cookies through your browser’s privacy settings means that you may not be able to take full advantage of all our website's features. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
- You can update your given consent at any time by visiting our Cookie Preference Center which can be found by clicking on the “Cookie Preferences” link either on the top or bottom of our website. Instead of using our Cookie Preference Center you may choose to opt-out to cookies which are not strictly necessary to perform basic features of our site by changing your browser settings.
- If you choose to delete all cookies through your browser’s privacy settings, this will also delete any placed opt-out cookie on your computer, and you may need to actively opt-out again.
15. Your responsibilities
- You are responsible for the information you make available to Fertility Point, and you must ensure it is accurate, honest, truthful, and not misleading in any way. You must ensure that the information does not contain material that is obscene, defamatory, or infringing on any rights of any third party.
- Further, if you provide any information concerning any other person, such as individuals you provide as references or next of kin, you are responsible for providing any notices and obtaining any consents necessary for Fertility Point to collect and use that information before you provide the referee’s or next of kin’s Personal Data to Fertility Point.
16. To whom should i direct a question a complaint
If you have any questions or complaints about the processing of personal data, you can contact Fertility Point on privacy@fertilitypoint.co.ke
Dr. Rajesh Chaudhary
IVF Specialist. MBBS, MD (OBGY/GYN,Gold Medallist), FGMIS, FRM, FMF-UK certified NT practitioner.
Dr. Rajesh has Excellence, Experience & Expertise in Obstetrician and Gynaecologist, Reproductive medicine and Expertise in IVF/Infertility care with over 10 years of experience in IVF. He has handled over 5,000 IVF cases to date. He is a Gynaecologist endoscopic surgeon with special interest in fertility enhancing endoscopic procedure. He has worked in India and Nepal and is now the IVF Specialist at Fertility Point Kenya.
Dr. Shaunak Khandwala
Director Clinical Services and Consultant
Dr. Shaunak Khandwala is a seasoned Consultant IVF Specialist with over 30 years of experience. He holds a robust educational background, including a MBBS from KEM Hospital and Seth G.S. Medical College, University of Bombay, and specialized training in Medical Ultrasound from prestigious institutions. Specializing in Assisted Reproduction and IVF procedures, Dr. Shaunak Khandwala holds a keen interest in training and establishing IVF units. He has played a pivotal role in expanding IVF services through the setup of chain clinics.
Dr. Ayalew Marye Kassa
IVF Consultant
Dr. Ayalew is a renowned IVF specialist with a specialization in Obstetrics and Gynecology and a subspecialization in Reproductive Endocrinology and Infertility (REI). He has held prestigious roles, including guest Obstetrician and Gynecologist at SPHMMC's Department of Obstetrics and Gynecology. In addition to mentoring and teaching REI fellows, Dr. Ayalew has served as the Medical Director of CFRM(Center of Fertility and Reproductive Medicine), showcasing his exceptional leadership and expertise.
Advanced IVF lab with the Latest Technologies
Fertility Point's state-of-the-art IVF laboratory is equipped with the most advanced and innovative technologies that ensure quality care and achieve high success rates.
Our lab features the latest cutting-edge technologies including the time-lapse incubator to capture images of embryos developing, in a safe and controlled environment. These images from high-tech incubators enable embryologists to evaluate embryos for better prediction of future developmental and implantation potential.
We have introduced standard operating procedures in our IVF lab to ensure that we meet high-quality standards and laboratory protocols.
Our lab has a robust quality management system and processes in place to more efficiently help infertile couples in their quest to have a healthy baby.
IVF at your convenience
At Fertility Point, we consider every aspect of your journey to achieve your dream of parenthood. Our aim is to assess your needs accurately and offer a personalized treatment plan guiding you through every step of your fertility journey. Our IVF centre gives couples the opportunity to undergo infertility treatment in an international clinical setting, setting, fertility treatment at their own convenience, and most importantly without any waiting period.
With the Fertility Point team, you can be assured of world-class reproductive care, underlined by a sincere commitment to your overallВ well-being.
