Privacy Policy

CLIENT PRIVACY POLICY – 

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Privacy Policy

Effective: 05/06/2025

Last updated: April 18, 2025

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This Privacy Policy (“Policy”) covers the information Birth Gardens and Jardins de

Naissance (collectively referred to as “Birth Gardens”, “we”, “our” or “us”) collects, uses, shares,

and retains when the user (“you”) accesses our websites, located at www.birthgardens.com and

www.jardinsdenaissance.com (“Site”), uses our online maternal classes and other services, or

otherwise interacts with us (collectively, “Services”).

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Birth Gardens is committed to protecting your privacy. This Policy explains how we collect, use,

disclose, and protect your personal information when you use the Site or our Services, or access

our educational materials, including videos and online content. This Policy applies to information

you provide to Birth Gardens through the Site in connection with the Services, and that you

otherwise choose to provide to us through the Site.

Please review this Policy carefully. By submitting your Personal Information through our Site or

Services, you agree to the terms of this Policy, and you expressly consent to the collection, use and

disclosure of your information in accordance with this Policy. If you have any questions about this

Policy, please contact Anne Leclercq at (512) 508-8823.

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Who We Are

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Birth Gardens is dedicated to empowering new and prospective mothers with guidance and support

in breastfeeding, lactation, and fertility. Our mission is to provide women with the knowledge and

confidence needed for a positive motherhood journey for themselves and their babies. We are

passionate about supporting informed, empowered choices through compassionate care and

education.

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Disclaimer

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We do not provide medical services that are legally required to be performed by a licensed medical

doctor (M.D.). Our services are limited to those within the scope of midwifery practice as defined

by Texas law. We do not diagnose, treat, or manage medical conditions outside our scope, and we

do not replace the role of a physician or obstetrician. Clients are encouraged to consult with a

licensed medical provider for any services beyond midwifery care.

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Information You Provide to Us

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The use of our Site and/or Services may require you to disclose certain personal information,

including personal health information (your “Personal Information”), such as:

• Your name, gender, age or birth date.

• Your medical history, medications, and pregnancy-related data.

• Contact information, including address, email address, phone number.

• Payment and insurance information.

 

Information We Collect Automatically.

 

To understand how our Site is used and to improve your experience, we automatically collect

certain information about your interactions with our Site and the device you are using. This

information includes:

• Your internet address (IP address) and a general idea of your location (e.g., city, state).

• Details about the type of device you're using (like a phone or computer), its operating

system (like Windows or iOS), and the type of web browser you are using (like Chrome or

Safari).

• The pages you visit and the actions you take on our Site (such as which videos you watch

and how long you spend on a page).

• The dates and times of your visits to our Site.

• The websites or search terms that referred you to our Site.

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How We Collect This Information:

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We use the following tools to automatically collect the information described above:

• Cookies: These are small data files that websites store on your device.

• Web Beacons and Pixel Tags: These are tiny graphic images embedded on web pages and

emails that help us track user activity.

• Analytics Services: We may use services like Google Analytics to analyze how visitors use

our Site.

 

Managing Cookies:

 

You can control how your browser handles cookies through its settings. However, disabling

cookies may limit the functionality of some parts of our Site.

 

Your Privacy:

 

The information we automatically collect is generally used to analyze trends and improve our Site.

We do not use this information to personally identify you unless you choose to provide us with

your name or other identifying information (for example, by registering for a class or online course

or another program offered by us).

 

How We Use Information:

 

We use the information we collect for a variety of purposes to provide you with our Services,

enhance your experience, and operate our business effectively. These purposes include:

• Providing and Improving Our Services: We use your information to deliver the educational

support services you request, such as processing your enrollment in classes, providing

access to online materials, and facilitating consultations. We also analyze how our Services

are used to identify areas for improvement, ensuring we can better meet the needs of our

clients. This includes using data to optimize our website, refine our educational content,

and enhance our customer support.

• Communicating with You: We use your contact information to respond to your inquiries,

address your concerns, and provide you with important updates related to your account and

our Services.

• Personalizing Your Experience: We may use information about your interests andpreferences to tailor your experience on our website and within our Services. This could

include recommending specific educational materials or highlighting information relevant

to your stage of pregnancy or postpartum journey.

• Understanding Our Clients: We analyze general, non-identifying information about our

client base, such as aggregated demographics (e.g., general location, common interests) to

better understand who we serve and to inform our marketing and outreach efforts. This

helps us to develop and promote services that are most relevant to our audience.

• Marketing and Updates (with your consent where required): We may use your contact

information to keep you informed about news, promotions, and changes to Birth Gardens

that we believe may be of interest to you. However, we will always provide you with the

option to opt out of receiving these marketing communications at any time.

• Legal Compliance and Safety: We may use and disclose your information when we believe

it is necessary to comply with applicable laws, regulations, legal processes (such as

subpoenas or court orders), or governmental requests. We may also use your information

to enforce our terms of use, detect and prevent fraud or security issues, and protect the

rights, property, or safety of Birth Gardens, our clients, or others.

 

Regarding Personal Health Information (PHI):

 

For any Personal Health Information (as defined under the Health Insurance Portability and

Accountability Act of 1996 (HIPAA) and relevant Texas laws, including the Texas Medical

Records Privacy Act (TMPA)) that you provide or that we collect in connection with your care or

health-related educational support, we are committed to protecting its privacy and security as

described in the "Third-Party Electronic Health Record (HER) Software" section of this Policy

and in our separate Notice of Privacy Practices as required by HIPAA. We will only use and

disclose your PHI as permitted or required by HIPAA and the TMPA. This includes using your

PHI for:

• Providing your healthcare services and related educational support.

• Payment for healthcare services (though we use third-party processors and do not directly

store your payment card details).

• Healthcare operations, such as quality improvement and training.

• As required by law.

• With your specific written authorization that complies with Texas law.

 

Use of Non-Identifying Information:

 

We may also track and analyze non-identifying information about how our Site is used, such as

the number of page views, traffic patterns, and popular content. This helps us to improve our Site’s

functionality, design, and content. For these purposes, we may work with third-party analytics

providers. This type of information does not personally identify you.

 

Texas and Federal Privacy Considerations:

 

We are committed to complying with applicable Texas privacy laws, including those related to the

confidentiality of healthcare information under the Texas Medical Records Privacy Act, and

federal laws such as HIPAA regarding the privacy and security of your Personal Health

Information. Your rights under these laws may include the right to access your health information,

request amendments to your records, and receive an accounting of certain disclosures, as outlined

in our full Notice of Privacy Practices and as provided by law. Under Texas law, you also have thespecific rights regarding your medical records, including rights related to access, correction, and

the release of information with your valid consent. We are also committed to complying with Texas

data breach notification requirements.

 

How We Share Information:

 

We take your privacy seriously and we will not share personal information you provide to us

through the Site with any third party except as provided in this Policy or with your express consent.

• Third Party Providers: We collaborate with third-party service providers to deliver our

Services, and in doing so, we share your Personal Information with them for specific

functions such as website hosting, operations, analytics, and payment processing. We make

commercially reasonable efforts to engage only with providers who have their own privacy

policies outlining how they handle your information. Importantly, we do not store or collect

your payment card details; this information is directly submitted to our third-party payment

processors, and their use of your Personal Information is governed by their own privacy

policy. While we carefully select these providers and require them to have their own

privacy policies, please note that we are not responsible for the privacy practices of these

external entities. Their handling of your Personal Information is governed by their

respective privacy policies, which we encourage you to review.

• Legal Requirements and Safety: We may disclose your Personal Information if we have a

good faith belief that such disclosure is helpful or reasonably necessary to:

▪ Comply with any applicable federal, state, or local law, regulation, legal process (such

as subpoena or court order) or governmental request.

▪ Enforce our Terms of Use, including investigations of potential violations.

▪ Detect, prevent, or otherwise address fraud, security issues, or technical problems.

▪ Protect against harm to the rights, property or safety of Birth Gardens, our users, or the

public, as required or permitted by law.

• Affiliates and Business Transfer: We may share your information, including Device

Identifiers and Personal Information, as well as Usage Information with our affiliates

(companies under common control or ownership with Birth Gardens), if any. We also

reserve the right to disclose and transfer all such information:

▪ To a subsequent owner, co-owner or operator of the Site or applicable database

▪ In connection with a merger, consolidation, restructuring, the sale of substantially all

of our interests and/or assets, or other corporate change, including during the course of

any due diligence process. In such cases, your information may be one of the assets

transferred.

• Non-Personal Information: We may share non-Personal Information, such as aggregated

user statistics or de-identified data, with third parties for various purposes, including

analytics, marketing, or research.

• Device Information: We may share your Device Information with third parties along with

data other than Personal Information related to you and your activities.• Direct Marketing by Third Parties: We do not share your Personal Information that we have

collected directly from you on our Site with third parties for those third parties’ direct

marketing purposes without your express consent.

 

Data Storage and Retention

 

We will keep your Personal Information for as long as your user account is active, as needed to

provide you with our Services, to comply with our legal obligations, resolve disputes, and enforce

our agreements. When your account is terminated or deactivated, we may retain your Personal

Information for a reasonable period in accordance with applicable law.

 

Your Choices and Rights (Including Texas-Specific Rights)

 

• Opt-out of Marketing Communications: We may send certain messages, including

electronic newsletters, notification of account statuses, and marketing communications on

a periodic basis. You can opt-out of receiving marketing emails from us by following the

unsubscribe instructions provided in those emails or by contacting us directly. Please note

that even if you opt out of marketing communications, we may still send you important

administrative messages related to your account or our Services.

• Accessing, Correcting, or Deleting Your Personal Information (Texas Residents): Under

Texas law, you may have the right to request access to, correction of inaccuracies in, or

deletion of your Personal Information that we collect and maintain. To exercise these rights,

please contact us using the contact information provided below. We will respond to your

request within a reasonable timeframe and in accordance with applicable law. We may need

to verify your identity before processing your request. Under both Texas and federal law

(HIPAA), you also have the right to request restrictions on certain uses and disclosures of

your PHI, to receive confidential communications, and to request an accounting of certain

disclosures. Please refer to our Notice of Privacy Practices for more detailed information

about these rights.

• Do Not Track: Our Site does not currently respond to "Do Not Track" signals from your

browser.

 

Data Security

 

We are committed to protecting the security of your Personal Information, including your PHI as

required by the HIPAA Security Rule. We implement reasonable physical, technical, and

administrative safeguards designed to protect your Personal Information from unauthorized

access, use, disclosure, alteration, or destruction. However, please be aware that no method of

transmission over the Internet or method of electronic storage is 100% secure. While we strive to

use commercially acceptable means to protect your Personal Information, we cannot guarantee its

absolute security.

 

Children's Privacy

 

Our Site is not intended for children under the age of 13. We do not knowingly collect Personal

Information from children under 13. If you are a parent or guardian and believe that your child has

provided us with Personal Information, please contact us immediately, and we will take steps to

delete such information.Information for European Economic Area (EEA) Individuals

If you are an individual from the European Economic Area, we collect and process your Personal

Information only where we have a legal basis under applicable European Union laws.

This means we collect and use your personal information only:

• With your consent.

• To fulfill our contractual obligations to you.

• To operate our business, including to improve and develop our Services, for fraud

prevention purposes, improve your experience, or when we have other legitimate interest.

• As otherwise in compliance with law.

Depending on the country where you are located, you may have the right to:

• Lodge a complaint with the supervisory authority, where you believe Birth Gardens

processes your information in a way that does not comply with the laws and regulations.

• Access information Birth Gardens holds or processes about you.

• Rectify inaccuracies in the information Birth Gardens collects and holds about you. If your

account information is incomplete or inaccurate, you can update your information directly

in your Birth Gardens account or contact Birth Gardens for assistance.

• Request your information to be provided to you or to another company in a commonly used

electronic form.

• Object to specific types of processing such as direct marketing, processing based on

legitimate interest or performance of a task in the public interest/exercise of official

authority, and processing for research or statistical purposes.

• Have your information deleted or to restrict processing of information.

• Withdraw your consent for future processing.

 

Changes to the Privacy Policy

 

We may update this Privacy Policy from time to time to reflect changes in our practice or applicable

laws. We will post any changes on this page and update the “Last Updated” date at the top. We

encourage you to review this Privacy Policy periodically for any changes. Changes to this Privacy

Policy are effective when they are posted on this page. Your continued use of this Site after the

posting of changes constitutes your acceptance of such changes.

 

Contact Us

 

If you have any questions, concerns, or complaints about this Policy or privacy practices, or if you

want to report any security violations to us, please contact us at the following

info@birthgardens.com or (512) 508-8823.

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