Dr. Kimberly Spair Privacy Policy

1. INTRODUCTION

Kimberly Spair, LLC (“Company,” “we,” “our,” or “us”) respects your privacy and is committed to protecting the personal information collected from individuals who access or use our websites, mobile applications, products, programs, and related services.

This Privacy Policy (“Privacy Policy”) describes how we collect, use, maintain, process, disclose, store, and protect information obtained through:

• The Visualize My Birth® website, located at https://visualizemybirth.com;
• The Website, drkimberlyspair.com
• The Visualize My Birth® mobile application (the “App”);
• Our related digital products, educational programs, Guided Mental Rehearsal exercises, audio recordings, and other content;
• Any related services, communications, features, or platforms that link to or expressly incorporate this Privacy Policy.

These offerings are collectively referred to as the “Services.”

This Privacy Policy applies to visitors, registered users, customers, subscribers, and other individuals who interact with our Services.

By using the Services, you acknowledge that you have been provided access to this Privacy Policy.

Where applicable law requires your consent for particular processing activities, we will obtain such consent separately.

This Privacy Policy should be read together with our Terms of Use and End User License Agreement.

2. INFORMATION WE COLLECT

Depending on how you interact with the Services, we may collect information directly from you, automatically through your use of the Services, or from third-party service providers.

The types of information we collect depend on the features you use and the information you choose to provide.

A. Personal and Contact Information

When you register for an account, make a purchase, subscribe to a program, complete a form, communicate with us, or otherwise interact with the Services, we may collect:

• Your first and last name;
• Email address;
• Telephone number;
• Mailing or billing address;
• Account username and authentication information;
• Purchase and subscription information;
• Customer service inquiries;
• Information voluntarily provided in correspondence, forms, surveys, or other communications.

You may choose not to provide certain information. However, doing so may prevent you from accessing particular features, receiving requested services, or completing certain transactions.

B. Account and App Information

If the App offers account registration, personalization, subscriptions, or other interactive features, we may collect information necessary to establish and maintain your account, authenticate access, deliver purchased content, and provide user support.

Depending on available features, such information may include:

• Account registration details;
• Login and authentication records;
• Account preferences;
• Subscription or membership status;
• Content access history;
• App usage activity;
• Saved preferences or settings;
• Progress or completion information associated with educational content;
• Communications concerning your account.

We use this information to operate the App, maintain account security, provide requested content, and improve the functionality and reliability of the Services.

C. Pregnancy-Related and Other Health Information

Certain features of the Services may invite users to voluntarily provide information relating to pregnancy, birth preparation, or individual experiences.

If applicable, such information may include:

• Estimated due dates;
• Pregnancy stage or related milestones;
• Birth preferences or preparation goals;
• Previous birth experiences voluntarily shared;
• Responses to birth-preparation questionnaires;
• Personal reflections, notes, or journal entries;
• Information voluntarily provided concerning pregnancy, labor, delivery, or postpartum experiences.

We recognize that pregnancy-related and reproductive health information may be sensitive personal information under applicable law.

Where we collect such information, we will use it only for disclosed and legally permitted purposes, including providing the features or content requested by the user, maintaining relevant account functionality, responding to user inquiries, and other purposes for which appropriate authorization has been obtained.

We will not use sensitive pregnancy-related or reproductive health information for targeted advertising, behavioral profiling, or unrelated marketing purposes without any consent or other legal authorization required by applicable law.

We will not sell identifiable reproductive health information or disclose it to data brokers.

Users should avoid submitting medical records, diagnoses, or other sensitive health information through general contact forms, customer service communications, or other features unless specifically requested through an appropriate secure process.

D. Automatically Collected Information

When you access or use the Website or App, we and our authorized technology providers may automatically collect certain information about your device, connection, and interactions with the Services.

Depending on the technology used, this information may include:

• Internet Protocol (IP) address;
• Device type and model;
• Operating system and version;
• Browser type and language settings;
• Mobile device or application identifiers;
• App version;
• Date and time of access;
• Referring website or source;
• Pages or screens viewed;
• Features accessed;
• Session activity and duration;
• Crash reports, diagnostic information, and error logs;
• General geographic information derived from an IP address;
• Cookie identifiers or similar tracking technologies.

We may use this information to operate and secure the Services, diagnose technical problems, understand usage patterns, improve performance, prevent unauthorized activity, and evaluate the effectiveness of our content.

Where reasonably practicable, we may aggregate or de-identify information used for analytics and product improvement.

E. Payment Information

If you purchase content, subscriptions, memberships, or other products through the Services, payment transactions may be processed by third-party payment service providers or applicable App Store platforms.

Payment providers may collect information necessary to complete the transaction, including payment card details, billing information, and transaction records.

We may receive limited transaction information, such as:

• Purchase date;
• Product or service purchased;
• Transaction amount;
• Subscription or payment status;
• Transaction identifier;
• Billing contact information.

Payments are processed exclusively by third parties and Company does not receive complete payment card information, this Policy should expressly state that limitation.

3. HOW WE USE PERSONAL INFORMATION

We use personal information for legitimate business purposes associated with operating, maintaining, securing, and improving the Services.

Depending on the information collected and applicable law, these purposes may include:

1. Providing access to the Website, App, and related content;
2. Creating, administering, and maintaining user accounts;
3. Processing purchases and managing subscriptions;
4. Delivering Guided Mental Rehearsal exercises, audio recordings, educational content, and other requested materials;
5. Remembering preferences and supporting available personalization features;
6. Responding to inquiries and providing customer service;
7. Sending important account, purchase, security, and service-related communications;
8. Analyzing general engagement and improving our Website and App;
9. Troubleshooting technical issues;
10. Detecting and preventing fraud, misuse, security incidents, and unauthorized access;
11. Complying with applicable laws, regulations, legal obligations, and enforceable legal requests;
12. Protecting the rights, property, and safety of Company, our users, and others;
13. Sending marketing and promotional communications where permitted by law and consistent with user preferences.

Where we rely upon consent for a particular activity, users may withdraw such consent in accordance with applicable law. Withdrawal does not affect processing lawfully undertaken before withdrawal.

We will not use personal information for materially incompatible purposes without providing any additional notice or obtaining any consent required by applicable law.

4. WEBSITE COOKIES AND TRACKING TECHNOLOGIES

The Website may use cookies and similar technologies to support its operation, remember user preferences, maintain security, analyze usage, and support permitted marketing activities.

Cookies are small files stored on a user’s browser or device.

Depending on the Website’s configuration, cookies may include:

• Essential Cookies: Technologies necessary for core functionality, authentication, security, and other essential Website operations.

• Functional Cookies: Technologies used to remember user preferences and improve usability.

• Analytics Cookies: Technologies that help us understand how visitors interact with the Website and identify opportunities for improvement.

• Advertising Cookies: Technologies that may be used to measure advertising effectiveness or deliver advertising, where permitted by applicable law.

The use of nonessential cookies and similar tracking technologies will be subject to consent and other requirements under applicable law.

Users may be able to manage cookie preferences through available cookie controls, browser settings, or device settings.

Disabling certain cookies may affect the availability or functionality of some portions of the Website.

We may also use web beacons, pixels, tags, software development kits, or similar technologies in the Website, App, or emails to understand engagement, measure performance, support security, or determine whether communications have been opened or accessed.

5. APP ANALYTICS AND DEVICE TECHNOLOGIES

The App may use analytics tools, software development kits (“SDKs”), crash-reporting technologies, and similar tools provided by us or authorized third-party service providers.

These technologies may collect information about:

• App installation and launch;
• App version;
• Device and operating system;
• Screens or features accessed;
• Session duration;
• Performance and crash information;
• General engagement with App features;
• Device or advertising identifiers, where permitted.

We may use this information to maintain the App, diagnose technical issues, understand feature usage, improve user experience, monitor security, and develop new or improved functionality.

If App tracking requires permission under applicable platform rules or law, we will request such permission before engaging in the applicable activity.

6. EMAILS AND COMMUNICATIONS

If you provide us with your email address or other contact information, we may use it to:

• Respond to your inquiries;
• Provide customer service;
• Send account or subscription notices;
• Send purchase confirmations and transactional information;
• Provide updates about the Services;
• Send newsletters, educational communications, promotions, or marketing where permitted by law.

You may unsubscribe from promotional email communications by using the unsubscribe instructions included in those communications or by contacting us at office@drkimberlyspair.com.

You may continue to receive non-promotional communications that are reasonably necessary to administer your account, purchases, subscriptions, security, or requested Services.

We do not sell user email addresses.

7. SURVEYS, QUIZZES, FORMS, AND USER RESPONSES

We may offer surveys, quizzes, questionnaires, forms, or similar interactive features through the Website or App.

These features may request contact information, preferences, responses, or other information.

We use information collected through these features to:

• Provide requested results or content;
• Understand user interests and preferences;
• Improve our Services;
• Develop educational content;
• Respond to users where necessary;
• Conduct internal analysis;
• Communicate with users where permitted.

Where a survey, quiz, or form seeks sensitive information, we may provide additional notice at the time of collection.

8. HOW WE DISCLOSE INFORMATION

We may disclose personal information to third parties only as reasonably necessary for the purposes described in this Privacy Policy, as directed or authorized by you, or as otherwise permitted or required by law.

We may disclose information to the following categories of recipients:

A. Service Providers

We may engage third-party companies and individuals to perform services on our behalf, including:

• Website and App hosting;
• Cloud storage;
• Payment processing;
• Email delivery;
• Customer support;
• Analytics;
• Software maintenance;
• Authentication;
• Cybersecurity;
• Crash reporting;
• Data storage;
• Subscription management;
• Marketing support.

These providers may access personal information only as reasonably necessary to perform services for us, subject to contractual or legal obligations applicable to their handling of the information.

B. App Stores and Payment Platforms

If you download or purchase through an App Store or third-party platform, that provider may receive information about your transaction in accordance with its own privacy policy and terms.

C. Professional Advisors

We may disclose information to attorneys, accountants, auditors, insurers, consultants, and other professional advisors where reasonably necessary to obtain professional services or protect our rights.

D. Legal and Safety Purposes

We may disclose information when we reasonably believe disclosure is necessary to:

• Comply with applicable law, regulation, subpoena, court order, warrant, or other valid legal process;
• Respond to lawful governmental requests;
• Investigate suspected fraud, abuse, security incidents, or violations of our agreements;
• Protect the rights, safety, security, or property of Company, our users, or others;
• Establish, exercise, or defend legal claims.

Where legally permitted and appropriate, we may evaluate governmental or law-enforcement requests for sensitive user information to determine whether disclosure is legally required.

E. Business Transactions

If Company is involved in a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar business transaction, personal information may be disclosed or transferred as part of that transaction, subject to applicable law.

9. SALE, SHARING, AND TARGETED ADVERTISING

We do not sell personal information in exchange for money.

Certain state privacy laws may define “sale,” “sharing,” or “targeted advertising” broadly enough to include some disclosures of identifiers or online activity to advertising or analytics providers.

To the extent our practices fall within those definitions, eligible users may have the right to opt out as described in the “State Privacy Rights” section below.

We do not sell or share sensitive reproductive or pregnancy-related information for targeted advertising.

10. DE-IDENTIFIED AND AGGREGATED INFORMATION

We may create aggregated or de-identified information that cannot reasonably be used to identify an individual.

We may use or disclose aggregated or de-identified information for lawful purposes, including:

• Understanding general usage trends;
• Improving the Services;
• Developing new features;
• Conducting business analysis;
• Measuring program effectiveness.

Where required by law, we will maintain de-identified information in de-identified form and will not attempt to re-identify it except as permitted by law.

11. DATA RETENTION

We retain personal information only for as long as reasonably necessary for the purposes for which it was collected, including to:

• Provide the Services;
• Maintain active accounts;
• Complete transactions;
• Satisfy contractual obligations;
• Maintain business and financial records;
• Prevent fraud and abuse;
• Resolve disputes;
• Enforce agreements;
• Comply with applicable legal, accounting, tax, or regulatory requirements.

The applicable retention period may vary depending upon the nature of the information, the reason it was collected, legal obligations, and whether the user maintains an active account.

When personal information is no longer reasonably necessary, we may delete, anonymize, or de-identify it in accordance with applicable law and our data-retention practices.

12. ACCOUNT AND DATA DELETION

Where the Services provide user accounts, users may have the ability to delete their account and associated personal information within the App. 

13. DATA SECURITY

We use reasonable administrative, technical, and organizational safeguards designed to protect personal information against unauthorized access, destruction, loss, alteration, misuse, or disclosure.

However, no website, application, network, transmission method, electronic storage system, or security measure can be guaranteed to be completely secure.

Accordingly, we cannot guarantee the absolute security of personal information.

You are responsible for maintaining the confidentiality of your account credentials and should notify us promptly if you believe your account has been compromised.

14. CHILDREN’S PRIVACY

The Services are intended for adults and are not directed to children under thirteen (13).

We do not knowingly collect personal information directly from children under thirteen through the Services.

If we learn that we have collected personal information from a child under thirteen without legally valid authorization, we will take reasonable steps to delete the information.

If you believe a child has provided personal information through the Services inappropriately, please contact us at office@drkimberlyspair.com.

15. LINKS AND THIRD-PARTY SERVICES

The Services may contain links to or integrations with third-party websites, apps, platforms, or services.

We are not responsible for the privacy, security, content, or data practices of third parties.

When you leave our Services or interact with a third-party platform, the third party’s privacy policy and terms govern its collection and use of information.

We encourage users to review the privacy policies of third parties before providing personal information.

16. SOCIAL MEDIA AND THIRD-PARTY PLATFORMS

If you interact with Company through social media or another third-party platform, that platform may collect information about your activity in accordance with its own policies.

Information you choose to make publicly available on social media or other public platforms may be viewed, collected, or used by others.

We are not responsible for information you voluntarily make publicly available through third-party services.

17. U.S. STATE PRIVACY RIGHTS

Depending upon your state of residence and whether applicable legal thresholds are met, you may have certain rights concerning your personal information.

These rights may include the right to:

• Confirm whether we process your personal information;
• Request access to personal information we maintain about you;
• Request correction of inaccurate personal information;
• Request deletion of certain personal information;
• Obtain a portable copy of certain personal information;
• Opt out of certain sales of personal information;
• Opt out of certain sharing or targeted advertising;
• Limit certain uses or disclosures of sensitive personal information where applicable;
• Appeal a decision concerning a privacy request where required by law;
• Exercise privacy rights without unlawful discrimination.

The precise scope of these rights depends upon applicable law.

To submit a privacy request, contact us at:

office@drkimberlyspair.com

We may need to verify your identity before fulfilling certain requests.

You may also authorize an agent to submit certain requests on your behalf where permitted by applicable law. We may require reasonable verification of the agent’s authority.

We will respond to valid requests within the time required by applicable law.

18. SENSITIVE INFORMATION AND REPRODUCTIVE HEALTH INFORMATION

Where the Services collect information that qualifies as sensitive personal information, consumer health data, reproductive health information, or similar protected information under applicable law, we will process such information in accordance with applicable legal requirements.

We will not knowingly sell sensitive reproductive health information.

We will not disclose identifiable pregnancy-related or reproductive health information to third parties for targeted advertising or unrelated marketing purposes without any authorization unless required by applicable law.

Where applicable law requires consent before collecting or sharing particular categories of sensitive or consumer health information, we will seek such consent.

19. DO NOT TRACK AND PRIVACY PREFERENCE SIGNALS

Some browsers and devices provide “Do Not Track” settings or other privacy preference mechanisms.

Because there is not a single universally accepted standard for traditional “Do Not Track” signals, our response to such signals may vary.

Where applicable law requires us to recognize a legally valid browser-based opt-out preference signal, we will process such signals as required by law.

20. INTERNATIONAL USERS

The Services are operated from the United States.

If you access the Services from outside the United States, your information may be transferred to, processed, and stored in the United States or other jurisdictions where our service providers operate.

Privacy and data-protection laws in those jurisdictions may differ from those in your country of residence.

Where required by applicable law, we will implement appropriate safeguards for international data transfers.

21. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in:

• Our Services;
• Technology;
• Data practices;
• Legal or regulatory requirements;
• Third-party services;
• Business operations.

When we make changes, we will update the “Last Updated” date at the top of this Privacy Policy.

If changes materially affect how we process personal information, we will provide any additional notice or obtain any consent required by applicable law.

We encourage users to review this Privacy Policy periodically.

22. YOUR COMMUNICATION PREFERENCES

You may opt out of promotional emails by following the unsubscribe instructions included in the communication or contacting us at office@drkimberlyspair.com.

Opting out of promotional communications will not prevent us from sending transactional, account, security, purchase, or service-related communications where reasonably necessary.

You may also manage certain App permissions, including notifications and tracking permissions, through the settings available on your mobile device.

23. CORRECTIONS AND PRIVACY REQUESTS

You may contact us to request correction of personal information you previously provided, raise concerns regarding our privacy practices, or exercise privacy rights available under applicable law.

Requests may be submitted to:

office@drkimberlyspair.com

We may request additional information reasonably necessary to verify your identity and process the request.

24. CONTACT US

If you have questions about this Privacy Policy or our privacy practices, please contact us at:

Kimberly Spair, LLC
P.O. Box 287
Swedesboro, NJ 08085
Email: office@drkimberlyspair.com