Terms and Conditions

General Company Information

Welcome to Physician’s Surrogacy, the nation’s only Ob -Gyn managed surrogacy solutions provider dedicated to helping individuals and families achieve their dreams of parenthood. Headquartered in San Diego, California, we proudly serve a global audience, offering tailored services that meet the unique needs of intended parents and surrogates worldwide.

Our mission is to provide safe, ethical, and legally compliant surrogacy journeys by leveraging cutting-edge technology, expert medical oversight, and personalized support. As pioneers in the field, we are committed to fostering trust, transparency, and inclusivity, ensuring every step of your journey is seamless and stress-free.

Certifications and Compliance

At Physician’s Surrogacy, safeguarding your privacy and ensuring data security is our top priority. We adhere to the highest industry standards, including:

  • ISO 27001 Certification: Demonstrating our commitment to maintaining robust information security management systems.
  • HIPAA Compliance: Protecting the confidentiality and integrity of health-related information for all parties involved.
  • GDPR Compliance: Ensuring the protection of personal data for clients residing in or originating from the European Union.
  • CCPA Compliance: Upholding the privacy rights of California residents through transparent data practices.

By accessing or using our platform, you agree to comply with the following Terms of Service (“Terms”). Please read these Terms carefully, as they outline your rights, responsibilities, and the rules governing your use of our services. If you do not agree with any part of these Terms, please refrain from using our platform.

Data Collection and Usage

Personal Identifiable Information (PII)

Physician’s Surrogacy collects Personal Identifiable Information (PII) such as names and email addresses. This information is used to facilitate our surrogacy services.
We also collect detailed medical background and pregnancy health-related questions from surrogates who apply for our program. Furthermore, intended parents can submit forms to request consultation, surrogate matching, and guidance, which involves providing personal information. We also collect surrogate background and health information during the screening process. It is important to note that these surrogate information are anonymized and cannot be traced back to individuals.

User Account Creation

While we do not offer creating accounts with login credentials, users are responsible for ensuring the information they provide through these forms is kept confidential on their end.

Protected Health Information (PHI)

Physician’s Surrogacy collects Protected Health Information (PHI), such as medical records and health history, specifically from surrogates. This PHI is handled with utmost security. During transmission, PHI is encrypted using TLS/SSL, and when stored, it is protected with AES-256 encryption. We have proper access controls in place, including role-based access control, as well as login and activity logs tracker, to restrict unauthorized access to PHI. Furthermore, our employees receive training on HIPAA compliance and data security practices.

Third-Party Sharing

We share certain data with third parties. Anonymized user behavior data is shared with third parties for marketing and analysis purposes. We also share anonymized surrogate data with our internal teams for sales record and matching. It is crucial to understand that this data is anonymized and, according to our current practices, surrogate profiles are only used by internal teams.
PHI is only shared with concerned healthcare providers after receiving explicit user consent. This sharing occurs under Business Associate Agreements (BAAs), ensuring that all parties handling PHI meet and follow the necessary compliance standards. We only share the necessary PHI data required to provide better health services to the concerned patient.
All of our staff members undergo regular training to ensure they understand and comply with HIPAA regulations.

Data Retention and Deletion

General user data submitted through forms is retained without any predetermined tenure. PHI data, on the other hand, is stored in compliance with HIPAA, GDPR, and CCPA, and the retention period for PHI data is usually 30 days. Users can request the deletion of their data by sending a formal request to our email address: “info@physicianssurrogacy.com”. The process for verifying the identity of users submitting such requests may involve email and call verification.

User Rights and Compliance Requirements

HIPAA Compliance

Physician’s Surrogacy is committed to maintaining its security and confidentiality in accordance with the Health Insurance Portability and Accountability Act (HIPAA).

  • Encryption: PHI is protected through encryption using TLS/SSL during transmission to ensure secure transit. For data at rest, PHI is secured using AES-256 encryption for storage.
  • Access Controls: We have implemented proper access controls to restrict unauthorized access to PHI. This includes role-based access control, which limits access based on job responsibilities, as well as login and activity logs tracker to monitor and audit access to PHI.
  • Breach Response Procedures: Physician’s Surrogacy has documented procedures for responding to data breaches involving PHI. We follow the HIPAA outlined PHI data breach response procedure, and all parties with whom we have Business Associate Agreements (BAAs) also adhere to these procedures.
  • Employee Training: Our employees are trained on HIPAA compliance and data security practices to ensure they understand their responsibilities in protecting PHI.

GDPR Compliance

Physician’s Surrogacy respects the rights granted under the General Data Protection Regulation (GDPR). EU residents have the following rights:

  • Right to access personal data: Users have the right to request information about the personal data we hold about them.
  • Right to rectify personal data: Users can request the correction of inaccurate or incomplete personal data.
  • Right to delete personal data: Users have the right to request the erasure of their personal data under certain circumstances.
  • Right to object to data processing: Users can object to the processing of their personal data in specific situations.
  • Right to data portability: Users have the right to receive their personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.

To exercise any of these rights, please contact our designated point of contact for GDPR inquiries at the email address: info@physicianssurrogacy.com.

CCPA Compliance

Physician’s Surrogacy complies with the California Consumer Privacy Act (CCPA). California residents have the right to opt-out of the sale of their personal information. To exercise this right, please contact us as detailed in our Privacy Policy.

To process CCPA requests, we have a process in place for verifying the identity of users submitting such requests. This verification may involve email and call verification to ensure the request is legitimate.

Account Creation and User Responsibilities

While formal user accounts are not established, all users of our platform, including those submitting forms, are subject to the following responsibilities:

  • Prohibition of Misuse, Fraud, and Unauthorized Sharing: You agree not to misuse the platform or its services in any way. This includes, but is not limited to, engaging in fraudulent activities or attempting to gain unauthorized access to data. Any unauthorized sharing of information obtained through or in connection with our platform is strictly prohibited.
  • Age Restriction: Our platform is intended for adult use and does not cater to children below the age of 18. We do not knowingly collect or accept information from individuals under this age. If we become aware that we have collected personal information from a child under 18 without verified parental consent, we will take steps to remove that information from our servers.

By using our platform and submitting forms, you acknowledge and agree to these responsibilities. Physician’s Surrogacy reserves the right to take appropriate action, including but not limited to restricting access to the platform, in response to any violation of these terms.

Third-Party Integrations and Partnerships

Physician’s Surrogacy utilizes third-party services to enhance the functionality and improve our services. Our platform integrates with services such as analytics tools and Customer Relationship Management (CRM) systems.

We ensure that these third-party service providers are compliant with relevant regulations, including but not limited to HIPAA, GDPR, and CCPA where applicable.

Users are informed about the role of these third-party services in data processing through our Privacy Policy. The Privacy Policy provides details on the types of third-party services we use, the data shared with them, and the purposes for which this data is processed.

By using our platform and services, you acknowledge and agree to the data processing practices of these third-party services as outlined in our Privacy Policy.

Intellectual Property and Content Usage

Intellectual Property Rights

Physician’s Surrogacy retains all rights, title, and interest in and to its intellectual property, including but not limited to the company name, logos, images, text, website design, and software. Users are permitted to access and view the content on our platform for informational purposes related to our services. However, users are expressly prohibited from using, reproducing, distributing, modifying, or creating derivative works of our intellectual property without the prior written consent of Physician’s Surrogacy. This includes the use of our logos, images, and text for any commercial or non-commercial purpose outside the intended use of our platform.

User-Generated Content

  • Submission of User-Generated Content: 

    • Permission to Submit: By submitting reviews, testimonials, or other content to our platform, you grant Physician’s Surrogacy a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media format.

    • Content Guidelines: All submitted content must comply with the following guidelines:

      • Be truthful, respectful, and relevant to your experience with our services.
      • Avoid offensive language, personal attacks, or discriminatory remarks.
      • Do not include personally identifiable information (PII) such as names, addresses, or contact details unless explicitly permitted.
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  • Responsibility for Submitted Content

    • Accuracy: You are solely responsible for the accuracy and truthfulness of the content you submit. Physician’s Surrogacy does not verify or endorse the accuracy of user-generated content.

    • Ownership: By submitting contents, you confirm that you own the rights to the material or have permission to share it. You also agree not to submit content that infringes on third-party rights, including intellectual property, privacy, or publicity rights.

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  • Platform Rights to Use UGC

    • Display and Promotion: Physician’s Surrogacy reserves the right to use, edit, or modify submitted content for promotional purposes, including but not limited to displaying it on our website, social media channels, or marketing materials.

    • Removal of Content: We reserve the right to remove or refuse to post any content that violates these Terms or is deemed inappropriate, without prior notice.

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  • Disclaimer on UGC

    • No Endorsement: The opinions, statements, and experiences expressed in user-generated content do not reflect the views or opinions of Physician’s Surrogacy. We do not endorse or guarantee the accuracy, reliability, or completeness of such content.

    • Reliance on UGC: Users who rely on reviews or testimonials do so at their own risk. Physician’s Surrogacy is not liable for any decisions made based on user-generated content.

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  • Prohibited Uses of UGC

    • You may not use user-generated content for commercial purposes, modify it without permission, or claim it as your own.

    • Any unauthorized use of UGC may result in legal action under applicable laws.

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  • Reporting Inappropriate Content: If you encounter content that violates these Terms or is inappropriate, please report it to us immediately via email at info@physicianssurrogacy.com or by calling 858-951-1868. We will review and take appropriate action as needed.

Accuracy of Anonymized Data

While Physician’s Surrogacy takes reasonable measures to ensure the accuracy of the anonymized data presented, including information such as donor ethnicity, eye color, and educational background, which may be shared with intended parents, we provide this data on an “as is” basis and represent that it is truest to our knowledge at the time of compilation. Due to the nature of anonymization and the reliance on self-reported information, Physician’s Surrogacy cannot guarantee the absolute accuracy or completeness of all anonymized data. Users are advised to consider this inherent limitation when using anonymized data for decision-making purposes related to our services.

Limitation of Liability and Dispute Resolution

Limitation of Liability

Physician’s Surrogacy provides its services on an “as is” basis and makes no guarantees regarding the uninterrupted or error-free operation of its platform. To the maximum extent permitted by applicable law, Physician’s Surrogacy shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with your use of our services or any errors in anonymized data, even if Physician’s Surrogacy has been advised of the possibility of such damages. While we strive for accuracy in the anonymized data we present, including information such as donor ethnicity, eye color, and educational background, which is represented to be truest to our knowledge, Physician’s Surrogacy disclaims any liability for inaccuracies or omissions in this data. Similarly, Physician’s Surrogacy disclaims liability for any service interruptions that may occur for any reason.

Dispute Resolution

Any dispute arising out of or relating to these Terms of Service shall be resolved in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions. You agree that the exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Service will be in the courts located in San Diego, California, USA.

Termination of Service

We reserve the right to suspend or terminate your access to our platform and services at our sole discretion, with or without notice, for any reason, including but not limited to [implied from source]:

  • Violation of these Terms of Service.
  • Engaging in any activity that we deem harmful to our platform, other users, or Physician’s Surrogacy.

The provisions of these Terms of Service relating to intellectual property, disclaimers, limitations of liability, indemnity, and dispute resolution shall survive any termination.

Updates and Communication

Physician’s Surrogacy reserves the right to update these Terms of Service periodically. Any changes to these Terms will be effective upon posting the updated version on our website.

The Terms of Service (ToS) and Privacy Policy of Physician’s Surrogacy are reviewed and updated from time to time, particularly when our internal procedures concerning user data collection and usage change, or when significant changes in relevant policies or laws occur that impact our data handling processes.

Users can stay informed about any modifications by checking the “Last Update Date” that is clearly mentioned on both the Terms of Service and Privacy Policy pages.

For any privacy-related inquiries, users can contact us through the dedicated channels provided:

  • Email: info@physicianssurrogacy.com
  • Phone: 858-951-1868

Contact Us

For any questions regarding our privacy policy and our treatment towards your personal information, please contact us at the below furnished details.

Address

3661 Valley Centre Dr., Suite 160
San Diego, CA 92130

Communications

858-951-1868
info@PhysiciansSurrogacy.com