Elara Global Fertility
Terms, conditions of cooperation, personal data processing, confidentiality, information security, and use of cookies of Elara Global Fertility.
Terms and conditions of cooperation with the international fertility and family formation agency Elara Global Fertility, hereinafter referred to as “the Agency.”
These terms and conditions of cooperation with the Agency are considered accepted through the unilateral expression of will of the person accepting them. By completing and submitting the questionnaire on the website www.elaraglobalfertility.com, as well as by using any of the services available on the site, you obtain registration as “the Participant” or “the Client.”
De acuerdo con lo anterior, usted acepta y garantiza el cumplimiento de las reglas y condiciones de este acuerdo durante el tiempo que continúe estando en la base de la Agencia y para usar los servicios de la Agencia. Si usted no está de acuerdo con las condiciones de este acuerdo, por favor no utilice los servicios de la Agencia ni los servicios del sitio.
This Agreement may be modified at any time by the Agency’s administration at its discretion. Any change will be published on the website. Continued use of the Agency’s services or the website services after the publication of the modifications will signify your acceptance of such modifications.
The Agency is linked to the business sector that provides personalized intermediation, coordination, and support services in fertility, assisted reproduction, and family formation.
This consists of providing consulting and coordination to Clients in order to select, organize, and facilitate access to programs and services, including coordination with clinics, laboratories, healthcare professionals, legal advisors, and logistics providers.
It also includes identifying and coordinating potential Participants, such as gestational carriers and/or donors, as applicable, who have a better profile according to the program criteria, in order to highlight them, consider them appropriate, and evaluate them as potential candidates.
The Client wishes to hire and receive personalized intermediation and coordination services in fertility from the Agency, according to the terms established in the Contract.
The Agency is measured by defined standards and processes, using optimal databases, verifying the information and references provided by each Participant when applicable, conducting interviews and, when appropriate, coordinating medical, psychological, or reliability evaluations according to the type of program and the level of complexity of the case.
The Agency may establish internal eligibility and safety criteria in order to maintain a high-level service and reduce risks for all parties.
The Participant is the user who registered freely and voluntarily on the Agency’s website and provided personal information about themselves to the Agency’s administration in order to obtain its services, either free of charge or for a fee.
The Participant must provide real and reliable information about themselves. They must be available to complete a personal interview or an interview through communication channels such as Skype, Zoom, or others, and answer the questions contained in the questionnaire honestly and openly.
When applicable to the program, they must also participate in profile, reliability, psychological, and/or medical evaluations coordinated by the Agency through qualified third parties.
The Agency’s Client is the website user who registered on the Agency’s website, provided information about their family-building goals and/or program preferences, provided detailed information regarding the Service Request, and paid for the Agency’s services in accordance with the Contract.
Registration on the Agency’s website is permitted only for individuals over 18 years of age. In case of non-compliance with the minimum age requirement, the subscription will be cancelled.
Identity may be verified by presenting an official photo ID issued by the competent authorities of the interested party’s country of origin or residence.
To register with the Agency and use its services, you confirm and guarantee that:
The Agency does not make Clients’ or Participants’ data available to the public. All information is stored exclusively in the Agency’s confidential database.
In compliance with the Federal Law on the Protection of Personal Data Held by Private Parties and its Regulations, the Agency informs Clients and Participants of the existence of a personal data record, database and/or file.
Such record may contain personal data such as names, surnames, email addresses, mailing address, telephone number, identification number, photograph, CURP, or any other information that allows the holder to be identified or made identifiable.
In the context of fertility services, personal data may include, when necessary, additional information and/or sensitive personal data, such as health data, reproductive data, relevant clinical history, test results, genetic or biometric information, and any other information strictly necessary to coordinate the service with competent providers.
The Agency is responsible for the use of the Personal Data of Participants and Clients, which will be used for the purpose of enabling the full provision of the services related to the Agency’s activity.
The Personal Data provided by the data subjects will be used by the Agency directly or through the other companies incorporated into the business organization of Elara Global Fertility.
The information may be used in the process of evaluation, coordination and selection of Participants, as well as in the comprehensive coordination of the Client’s services.
The data subject authorizes the Agency to carry out transfers and remissions of Personal Data in accordance with Mexican Laws, including, when essential, the communication of information to clinics, laboratories, healthcare professionals, independent legal advisors and/or logistics providers, under confidentiality agreements and reasonable security measures.
The Agency, the Client, and the Participant commit to promoting equal opportunities, non-discrimination in access to services, programs, and evaluation processes, and preventing sexual harassment.
The parties agree not to engage in discriminatory practices against any person involved in the subject matter of this agreement.
Discrimination shall be understood as any distinction, exclusion, or restriction based on ethnic or national origin, sex, age, disability, social or economic condition, health conditions, pregnancy, language, religion, opinions, sexual preferences, marital status, or any other factor that has the effect of preventing or nullifying the recognition or exercise of rights and real equality of opportunities.
Xenophobia and antisemitism, in any of their manifestations, shall also be understood as discrimination.
The Agency will guarantee the confidentiality of the information received from the Client and the Participant, and guarantees that the information will be used only for the purposes specified in the service agreement for fertility intermediation and coordination.
This includes necessary purposes derived from the service, such as security, verification, coordination with competent third parties, and legal compliance.
Contact information is communicated to the Agency’s Clients only with acceptance and when there is mutual interest between the parties. It may also be communicated to clinics, laboratories, independent legal advisors, or indispensable providers for the coordination of the service, when necessary to execute the program and under confidentiality agreements.
The Agency may terminate any relationship with the Participant at any time and for any reason involving a violation or non-compliance with these terms and conditions.
It may also do so when, in the reasonable judgment of the Agency and in accordance with program criteria, there are risks related to security, reliability, compliance, or incompatibility with the service requirements.
The Agency reserves the right to refuse to register the Participant or Client, suspend, or interrupt any relationship if:
At the express request of the Client or Participant, the Agency is obligated to delete their data from the database, unless there is a legal obligation or a need to retain it for reasons permitted by applicable law.
The Agency takes reasonable measures to carefully verify that all Participants who wish to register meet the identity requirements and pass the security and reliability checks.
In the context of fertility services, these checks may include document review, interviews, validations, and coordination of evaluations with competent third parties.
The Participant agrees to pay any necessary compensation for damages, losses, costs, and expenses related to false information provided knowingly and intentionally.
The Agency has exclusive rights and owns the Elara Global Fertility brand, website, domain names, technologies, software programs, databases, and any other information derived from the business.
The parties agree that any disputes shall first be resolved through negotiation. If this is not possible, the matter may be submitted to commercial arbitration.
In the event of a conflict or receipt of a complaint or report, the Agency may provide the Client’s personal data to police or competent authorities when there is a valid legal requirement or when necessary under applicable law.
If the parties are unable to resolve the dispute through negotiation or arbitration, the controversy shall be submitted to the competent courts of Mexico City, in accordance with applicable local laws.
The Agency shall not take part in conflicts that arise between Clients, Participants or third-party providers, such as clinics or professionals.
This Policy applies to data collected through the website, forms, email, messaging including WhatsApp, calls and video calls, as well as data that, with the authorization of the Data Subject, is shared by clinics or providers for the coordination of the service.
The Data Subject may exercise at any time their rights of Access, Rectification, Cancellation and Opposition by sending a request to the email: care@elaraglobalfertility.com.
The request must contain:
The Agency will process ARCO requests in accordance with the timeframes and formalities established in the applicable legislation. As a practical reference, the determination of admissibility is usually communicated within 20 business days and, if approved, executed within an additional 15 business days, with possible justified extensions.
The Data Subject may request the limitation of the use or disclosure of their data, for example for informational or promotional purposes, by emailing: care@elaraglobalfertility.comindicating “Limit use/disclosure”.
In electronic communications, when applicable, an unsubscribe or cancellation mechanism will be enabled.
The Data Subject acknowledges that, for the provision of the service, the Agency may share information with indispensable third parties, such as clinics, laboratories, health professionals, independent legal advisors, translators, agents, logistics providers, and technology providers.
Such third parties may include hosting, cloud, CRM, messaging, and video call services, which shall act as Processors or third-party recipients, as applicable, under confidentiality agreements and reasonable security measures.
When the processing involves sensitive data, the Agency shall obtain the express consent of the Data Subject when required, and shall seek to ensure that transfers are limited to what is strictly necessary for the case.
For users or cases connected to the EU/UK, when applicable, the Agency shall seek to comply with transparency obligations and legal bases equivalent to those provided under the GDPR.
For California residents, when applicable, the Agency may enable notices and mechanisms related to “notice at collection” and opt-out rights in accordance with the CCPA/CPRA.
The Agency will retain Personal Data only for the time necessary to fulfill the purposes of the service, legal obligations, handling of disputes and/or defense of rights.
Once the applicable period has concluded, the data will be deleted, anonymized, or blocked in accordance with internal procedures and applicable law.
The Agency implements reasonable administrative, technical, and physical measures to protect the data, including access controls, database safeguarding, and measures to prevent unauthorized access, use, or disclosure.
When processing health or reproductive data, the Agency will apply enhanced measures and limit access to the personnel strictly necessary for the coordination of the case.
The Data Subject may revoke their consent for the processing of their data when such processing is based on consent, by submitting a request to: care@elaraglobalfertility.com.
The revocation will not have retroactive effect and may affect the provision of certain services that depend on such data.
The Agency may modify this Policy at any time. Any change will be published on the website. Continued use of the Agency’s services or the website services after the publication of the modifications will mean acceptance of those chan
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For any questions related to this Privacy Policy, the processing of personal data, or ARCO rights, you may contact our team directly.
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