Help Create Families: Terms and Conditions

General Company Information

Welcome to Help Create Families! Our referral platform empowers our members to refer potential surrogate and egg donor candidates to us. Upon the successful completion of their roles by these candidates, our referral partners earn a commission.

Help Create Families is based in California, USA, and our services are specifically offered to individuals within the United States.

We are committed to maintaining the highest standards of security and compliance. Help Create Families is proud to be ISO 27001 certified and compliant with key regulations, including HIPAA, GDPR, and CCPA. This demonstrates our dedication to protecting the data entrusted to us and adhering to best practices in information security and data privacy.

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): We collect Personal Identifiable Information (PII) such as names, phone numbers, and email addresses. This information is collected through forms and during account creation. This PII is used to facilitate our services, including managing user accounts and enabling participation in our referral programs.
• User Account Creation: To become a referral partner, you will need to create an account on our platform. The required information for account creation includes your name, email, phone number, address, and the creation of a unique password. You agree to provide accurate and complete information during registration and to update your information to ensure it remains accurate. You are responsible for maintaining the confidentiality of your login credentials, including your username and password, and for all activities that occur under your account.
• Protected Health Information (PHI): While our primary target audience for the referral program does not directly provide PHI, we collect Protected Health Information (PHI) for the surrogate and egg donor candidates they refer. This PHI is encrypted both in transit and at rest. For transmission, we use TLS/SSL encryption, and for stored data, we utilize AES-256 encryption. We have proper access controls in place to restrict unauthorized access to PHI, including role-based access control, login, and activity logs tracking.
• Third-Party Sharing: We share certain data with third-party services. This includes anonymized user behavior data which is shared with third parties used for marketing and analysis. This anonymized data cannot be traced back to individuals. We also share PHI, but only for the surrogate and egg donor candidates they refer, and this is only done with concerned healthcare providers after receiving explicit user consent. This sharing of PHI is limited to the necessary PHI data required to offer better health services to the concerned patient. All third parties that handle or have handled our PHI data have Business Associate Agreements (BAAs) in place. We also share anonymized data with third parties solely to fulfill our service obligations by understanding user behavior and improving our platform. Plus, All our employees complete mandatory HIPAA compliance and data security training.
• Data Retention and Deletion: General user data is retained without any predetermined tenure. However, PHI is stored per compliance with HIPAA, GDPR, and CCPA, and the PHI data retention is usually 30 days. Users can send a formal request to delete their data by contacting us via email at [email protected]. The process for verifying the identity of users submitting such requests may be done through email and call verification.

User Rights and Compliance Requirements

• HIPAA Compliance
  • Help Create Families handles Protected Health Information (PHI). While our primary target audience for the referral program does not directly provide PHI, we collect PHI for the surrogate and egg donor candidates they refer.
  • PHI is encrypted both during transmission and when stored. For data in transit, we use TLS/SSL encryption, and for data at rest, we employ AES-256 encryption.
  • We have proper access controls in place to restrict unauthorized access to PHI, which includes role-based access control, login credentials, and an activity logs tracker.
  • All our employees undergo mandatory HIPAA compliance and data security training.
  • Help Create Families has documented procedures for responding to data breaches involving PHI. We follow the HIPAA outlined PHI data breach response procedure that every Business Associate Agreement (BAA)-agreed party adheres to.
• CCPA Compliance
  • California residents have the right to opt-out of the sale of their personal information, and we provide mechanisms to honor this right.
  • We have a process for verifying the identity of users submitting CCPA requests, which includes verification through email and call.

User Responsibilities

By using our platform, you agree to adhere to the following responsibilities:

• Prohibited Conduct: You are strictly prohibited from engaging in any misuse of the platform, including but not limited to fraudulent activities or the unauthorized sharing of any data obtained through our services.
• Data Protection: You are responsible for maintaining the security and confidentiality of your account login credentials. You shall not share your login information with any unauthorized individuals.
• Age Restriction: Our platform is intended for use by adults. You must be at least 18 years of age to access or use our services. Our website does not cater to children below the age of 18, and we do not knowingly collect or accept their information. If we become aware that a user under the age of 18 has provided us with personal information, we will take steps to delete such information and terminate the user’s account.
• Accurate Information: You agree to provide accurate and complete information when creating your account and to update your information to ensure it remains current and accurate.

Third-Party Integrations and Partnerships

Our platform integrates with various third-party services to enhance our functionality and provide a better user experience. These integrations may include services such as marketing, analytics tools and Customer Relationship Management (CRM) systems.

These third-party service providers are compliant with relevant data protection regulations, including where applicable, HIPAA and CCPA as applicable.

Users are informed about the role of these third-party services in data processing through our Privacy Policy, which is readily accessible. We encourage you to review our Privacy Policy for detailed information on the specific third-party services we utilize and how they process your data.

Intellectual Property and Content Usage

This platform and all of its contents, including but not limited to the Help Create Families name, logo, images, text, graphics, software, and other materials (collectively “Company Intellectual Property”), are protected by copyright, trademark, and other intellectual property laws.

Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our platform and its content solely for the purpose of participating in our referral programs as outlined in these Terms of Service.

Except as expressly permitted in writing by Help Create Families, you are strictly prohibited from the following:

• Using the Help Create Families name, logo, or any other trademarks in any manner that suggests affiliation with or endorsement by Help Create Families without our prior written consent.
• Reproducing, distributing, modifying, creating derivative works of, publicly displaying, or publicly performing any of the Company Intellectual Property without the express written consent of Help Create Families.
• Using any Company Intellectual Property for commercial purposes outside the scope of your participation in our authorized referral programs.
• Removing, altering, or obscuring any copyright, trademark, or other proprietary notices displayed on the platform or in any Company Intellectual Property.
• User generated Contents: By submitting reviews, testimonials, or other content to Help Create Families, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, modify, and display your content in any media format. All submissions must be truthful, respectful, and free of offensive language or personal information unless explicitly permitted. You are responsible for ensuring the accuracy of your content and confirming you own the rights or permissions to share it. We reserve the right to edit, remove, or refuse content that violates these guidelines or is deemed inappropriate. User-generated content does not reflect our views, and we are not liable for decisions based on such content. Unauthorized commercial use or modification of UGC may result in legal action. To report inappropriate content, contact us at the mentioned email address. 

Help Create Families reserves all rights not expressly granted to users in these Terms of Service. Any unauthorized use of the Company Intellectual Property may violate copyright laws, trademark laws, and other applicable laws and regulations.

Limitation of Liability and Dispute Resolution

• Limitation of Liability: While we strive to provide accurate information, Help Create Families cannot guarantee liability for any errors that may occur in anonymized data or for any interruptions in service. Our platform is provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, Help Create Families shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your use of or inability to use our platform or the services offered, even if we have been advised of the possibility of such damages.
• Termination of Service: We reserve the right to suspend or terminate your account at any time if you violate these Terms of Service or fail to comply with our policies. This includes, but is not limited to, engaging in any misuse or fraudulent activity on the platform or the unauthorized sharing of data. Accounts may also be terminated due to prolonged inactivity, though we may attempt to notify you before such termination.
• Dispute Resolution: Any dispute arising out of or relating to these Terms of Service or your use of our platform shall be subject to the governing law and the exclusive jurisdiction of the courts in San Diego, California, USA. You agree to submit to the personal jurisdiction of these courts for the purpose of litigating all such disputes. We encourage you to first contact us directly at “[email protected]” to attempt to resolve any issues informally. If informal resolution is not possible, you agree that the exclusive venue for any legal action or proceeding shall be in the state and federal courts located in San Diego, California.

Referral Program Terms and Conditions 

Eligibility and Enrollment

• Eligibility: Participation in the Program is open to individuals, organizations, and entities who meet the eligibility criteria outlined below.
• Eligibility Criteria: To be eligible to participate as a Referral Partner, you must:
  • Be of legal age and capable of entering into binding agreements.
  • Not be a minor in the jurisdiction where you reside.
  • Comply with all applicable laws and regulations.
• Enrollment Process: To become a Referral Partner, you must complete the enrollment process provided by Help Create Families. This may include providing necessary information and agreeing to these Terms.
• Approval: Help Create Families reserves the right to approve or reject any enrollment application at its sole discretion. If approved, you will be granted access to the Program.

Referral Process

• Making Referrals: As a Referral Partner, you can refer eligible individuals or entities to Help Create Families. Referrals must meet the eligibility criteria set forth in these Terms.
• Tracking Referrals: Referrals must be properly tracked through the unique referral links or codes provided to you by Help Create Families. It is your responsibility to ensure accurate tracking.
• Crediting Referrals: Referrals will be credited to your account when they meet the conditions specified by Help Create Families, including but not limited to successful sign-ups, purchases, or other milestones.

Compensation and Payments

• Compensation: Referral Partners may be eligible for compensation as outlined in the Program details provided by Help Create Families. Compensation may vary based on the type and success of referrals.
• Payment Schedule: Payments to Referral Partners will be made according to the payment schedule specified by Help Create Families. Please refer to the Program details for payment information.
• Conditions and Milestones: Certain conditions or milestones may apply to receive compensation. These conditions will be communicated to Referral Partners through the Program details.
• Taxes: Referral Partners are responsible for any taxes or fees associated with compensation received from Help Create Families.

Misrepresentation and Fraud

• You agree not to instruct or encourage any applicant to misrepresent their circumstances or provide inaccurate information in their application to the Help Create Families and related programs. Doing so constitutes a material violation of these Terms and Conditions and may be considered fraudulent activity by the applicants themselves.
• Misrepresentation can include, but is not limited to: providing false or misleading information about their compensation, eligibility, medical conditions, financial situation, or other relevant details.
• Such actions not only compromise the integrity of the program and potentially deprive truly deserving families of support, but also expose our organization and legal team to unnecessary risk and workload. We are committed to operating with the highest ethical standards and ensuring only eligible individuals benefit from the program.
• Therefore, instructing applicants or other referral partners to provide inaccurate information is grounds for immediate removal from the program.

Consequences

• Consequences of Misrepresentation: Engaging in misrepresentation, fraud, or any unethical conduct in connection with the Program will result in severe consequences. Help Create Families takes such matters seriously, and the consequences may include, but are not limited to:
  • Immediate removal from the Program.
  • Disqualification from receiving any compensation or benefits.
  • Legal actions as deemed necessary.
• Reporting Misrepresentation: If you become aware of any Referral Partners or individuals engaging in misrepresentation or fraudulent activities related to the Program, it is your responsibility to report such activities to Help Create Families immediately.

We maintain a zero-tolerance policy for misrepresentation and fraud. We value integrity and honesty in all interactions with Help Create Families. By participating in the Program, you agree to abide by these principles and the prohibition against misrepresentation and fraud.

Your cooperation in maintaining the integrity of the Program is greatly appreciated. If you have any questions or concerns regarding this policy, please contact us at [email protected]. 

As an advocate representing Physician’s Surrogacy, whether you’re in person or online, it’s important for you to remain respectful and polite despite what response or negative comment you might receive. We understand negative feedback can be very frustrating, which is why we want to help you shut down these comments right from the start. By responding in a genuine and heartfelt manner, rather than letting your emotions get to you, you have the opportunity to help someone understand the WHY behind advocacy. Try some of these responses next time you’re faced with a negative comment.

We recommend putting your own personal touch to all responses to sound organic and less prefabricated. The more you can bring in your own experiences or personal reasons for choosing advocacy, the better!

If at any point you feel stuck or are unsure how to respond, don’t hesitate to text the Coordinator (858-295-0848) a screenshot, “Hey can you help me respond to this comment? What should I say?” Don’t be embarrassed! We know it happens and would love to help navigate you out of a sticky situation. We’re here to help!

Responsibilities of Referral Partners

As a Referral Partner of Help Create Families, you are expected to adhere to the following responsibilities:

• Conduct: Referral Partners must conduct themselves with professionalism and integrity at all times when representing the Program. Any form of misconduct, including but not limited to deceptive practices, misrepresentation of the Program, or engaging in illegal activities, is strictly prohibited.
• Representation: Referral Partners are authorized to represent the Program solely in accordance with the guidelines and materials provided by Help Create Families. Any unauthorized representations or use of the Program’s name, logo, or materials are not permitted.
• Compliance with Laws: Referral Partners must comply with all applicable laws, regulations, and industry standards while participating in the Program. Any violation of local, state, or federal laws may result in immediate termination from the Program.

Confidentiality and Data Protection

Help Create Families is committed to safeguarding the privacy and confidentiality of all personal data collected during the referral process. Referral Partners are expected to adhere to the following:

• Personal Data Handling: Referral Partners shall handle all personal data in accordance with applicable data protection laws and regulations. Personal data should be collected, stored, and processed securely.
• Privacy Commitment: Help Create Families pledges to protect the privacy of all individuals referred through the Program. Referral Partners shall not disclose or misuse any personal information provided by applicants.
• Confidentiality: All information, documents, and materials provided by Help Create Families are considered confidential. Referral Partners shall not disclose or share any confidential information without prior authorization.

Termination and Suspension of Participation

Help Create Families reserves the right to terminate or suspend the participation of any Referral Partner under the following circumstances:

• Breach of Terms: Referral Partners found in breach of these Terms and Conditions, including any prohibited activities, misrepresentations, or violations of laws, may be subject to immediate termination.
• Misuse of Personal Data: Any unauthorized use or disclosure of personal data, as well as any violations of data protection laws, may result in suspension or termination.
• Failure to Comply: Referral Partners who consistently fail to comply with Program guidelines, representations, or instructions provided by Help Create Families may face termination.
• Other Violations: Help Create Families may also terminate or suspend participation for any other violations or misconduct as deemed necessary.

Help Create Families takes these actions to maintain the integrity and reputation of the Program. We encourage all Referral Partners to review and understand their responsibilities and commitments to ensure a positive and compliant partnership.

Updates and Communication

Our Terms of Service and Privacy Policy are reviewed and updated periodically. At Help Create Families, we reserve the right to update or modify these Terms of Service (ToS) periodically to reflect changes in our practices, legal requirements, or operational needs. These updates are made especially when there are changes to our internal procedures regarding how user data is collected and used, or when significant changes occur in relevant policies or laws that impact our data collection process and usage.

Users are notified of updates by the fact that the last update date is clearly mentioned on both the Terms of Service and Privacy Policy pages. We encourage you to periodically review these pages to stay informed of any changes.

For any privacy-related inquiries or concerns, you may contact us at our dedicated email address: “[email protected]”.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service (ToS), our practices, or your experience with Help Create Families, we encourage you to reach out to us. Our team is committed to addressing your inquiries promptly and ensuring transparency in all communications.

You can contact us via email at [email protected].