Progyny Consumer Health Data Privacy Notice

Date: December 31, 2025

Progyny, Inc. and its affiliates and subsidiaries (collectively “Progyny”, “us”, “we”, or “our”) operates the https://progyny.com website, member portal, provider portal and member mobile application (together with and other applications or services that link to this Privacy Notice, the “Service”).

This Consumer Health Data Privacy Notice (“Privacy Notice”) applies to Washington and Nevada state residents and those whose Consumer Health Data, defined below, is collected in those states (“Consumers” or “you”) and provides information regarding what Consumer Health Data Progyny collects about you, in connection with our Service, the sources from which we collect such data, the purposes for which we use and disclose this information, and how you can exercise certain rights with respect to such data.

This notice does not apply where an exception or exemption applies such as with respect to protected health information under the Health Insurance Portability and Accountability Act (“HIPAA”) [and data that is subject to the Gramm-Leach-Bliley Act (“GLBA”). When we are a covered entity, we provide separate HIPAA and GLBA privacy notices to certain customers and consumers as required under applicable laws and regulations. Most consumer health data we process is regulated under HIPAA or GLBA or is processed for a necessary function.

Categories of Consumer Health Data We Collect

As part of the information we may collect or receive about you (as further described in the Progyny Privacy Policy, see https://progyny.com/privacy-policy/), we may collect and process certain information about you that could identify past, present or future physical or mental health status (“Consumer Health Data”). The Consumer Health Data we collect varies based on your relationship with us. The Consumer Health Data we may collect generally includes:

  • Individual health conditions, treatment, diseases, or diagnosis;
  • Social, psychological, behavioral, and medical interventions;
  • Health-related surgeries or procedures;
  • Use or purchase of prescribed medication;
  • Bodily functions, vital signs, symptoms, or measurements of other health information;
  • Diagnoses or diagnostic testing, treatment, or medication;
  • Gender-affirming care information;
  • Reproductive or sexual health information;
  • Biometric data;
  • Genetic data;
  • Precise location information that could reasonably indicate your attempt to acquire or receive health services or supplies;
  • Data that identifies you as a consumer seeking health care services; or
  • Information processed to associate or identify you with the persona health data described above that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning).

Some of the individually identifiable information we collect or that you provide us through the Service may constitute protected health information (“PHI”) under HIPAA. Information may be collected from users who register and log-in to the password-protected and secure portions of our Service, including our member portal, member mobile application, and provider portal (“Secure Platforms”). To the extent information collected and stored by Progyny or added by/or about our users into such Secure Platforms is considered PHI, such information is governed by HIPAA and is not covered by this Privacy Notice.

Sources of Consumer Health Data

We collect Consumer Health Data about you from the following categories of sources:

  • You (Actively)
    You may actively provide us information when you use our Service such as through our website, member portal, provider portal, mobile applications, emails, social media, surveys, customer support, or any other online or offline interactions.
  • You (Passively)
    You may also passively provide us information through your interactions and use of our Service such as your IP address, access times, hardware and software information, device information, device event information (e.g., crashes, unsuccessful logins, browser type), the web pages you’ve viewed or engaged with before and/or after using the Service, and other relevant usage information. We may use cookies and other tracking technology essential to running our websites to collect this information. For more information on the cookies and other tracking technology we use, please see our Cookie Policy (https://progyny.com/cookie-policy/) and the Usage Data section below.
  • Third Parties
    We may receive information about you from third parties such as business partners and service providers to operate our business and improve your experience and interactions with us.
  • Publicly Available Databases
    We may receive information that is available publicly, either online or offline, to operate our business and improve your experience and interactions with us.

How We Use Consumer Health Data

We use your Consumer Health Data for various purposes:

  • To provide and maintain our Service
  • To fulfill the purposes for which information was provided
  • To provide information as directed by you or consented to by you
  • To verify your identity to ensure all communications are secure and confidential
  • To provide you with services and information about your account
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To audit and measure user interactions with our Service, so we can improve the effectiveness of our Service
  • To detect, prevent and address technical issues
  • To detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity and other security incidents
  • To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim

The Categories of Consumer Health Data that We Share

We share or disclose all of the categories of Consumer Health Data that we collect, as disclosed above in Categories of Consumer Health Data We Collect.

The Parties With Whom We Share or Otherwise Disclose Consumer Health Data

Generally, and as permitted, we share or disclose the Consumer Health Data we collect as described in this section with:

  • Third parties to comply with Law Enforcement: Under certain circumstances, Progyny may be required to disclose your Consumer Health Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
  • Third parties to comply with general legal requirements: Progyny may disclose your Consumer Health Data in the good faith belief that such action is necessary:
    • To comply with a legal obligation
    • To protect and defend the rights or property of Progyny
    • To prevent or investigate possible wrongdoing in connection with the Service
    • To prevent, detect, or investigate any forms of illegal use such as fraud or abuse
    • To protect the personal safety of users of the Service or the public
    • To protect against legal liability
    • To comply with applicable law, court orders or governmental requests
    • In connection with any reorganization, restructuring, merger, sale, acquisition, financing, dissolution, or other transfer of assets under the condition that the recipient agrees to respect your information in a manner that is consistent with this Privacy Notice, or to prospective purchasers to evaluate a proposed transaction.
  • Service Providers: We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. These third parties have access to your Consumer Health Data only to perform these tasks on our behalf and are obligated to employ industry standard technical or organizational measures to adequately secure and protect your Consumer Health Data and not to disclose or use it for any other purpose.
  • Third Parties for Analytics Purposes: We may use third-party Service Providers to monitor and analyze the use of our Service. We use these Service Providers web analytics, cookies and other technologies to track usage of our website, as permissible by law. These services provide multiple benefits to our Service by allowing us to improve our Service, obtain aggregate reporting and metrics, improve your experience, while enabling the Service Provider to conduct tasks on our behalf. We use multiple analytics tools of various Service Providers to provide and enhance our Service.

    The tools we use from Service Providers are analytics tools which allow the tracking and reporting of website traffic to track and monitor the use of our Service. To the extent we utilize any analytics or tracking tools on our Secure Platforms, such tools are HIPAA-compliant.

Your Privacy Rights

If this Privacy Notice is applicable to you, you may have certain rights with respect to Progyny’s use and disclosure of your Consumer Health Data, subject to certain exceptions:

  • Right to Know and Access. You have the right to confirm whether we are collecting, sharing, or selling Consumer Health Data about you and to obtain a list of all third parties (which does not include authorized service providers) and affiliates with whom Progyny has shared or sold (if applicable) Consumer Health Data and an active email address or other online mechanism that you may use to contact these third parties. If you are a Washington resident or otherwise subject to Washington law, you also have the right to access your Consumer Health Data that we collect, share, or sell.
  • Right to Withdraw Consent. You have the right to withdraw your consent previously provided with regard to our collection, use and sharing of your Consumer Health Data.
  • Right to Deletion. You have the right to request that we, as well as our affiliates, service providers and contractors, delete your Consumer Health Data we collect from you.
  • Right Not to Receive Discriminatory Treatment. You have the right to not receive discriminatory treatment for the exercise of the privacy rights described above.

When you submit a request regarding your Consumer Health Data, we reserve the right to verify your identity in connection with any requests regarding Consumer Health Data to help ensure that we provide the information we maintain to the individuals to whom it pertains and allow only those individuals to exercise rights with respect to that information.

To help us respond to your request, all communications to Progyny should include the sender’s name and contact information (such as email address, phone number or mailing address), and a detailed explanation of the request. In addition, communications related to Progyny websites should include, as applicable, the email address used for registration and the Progyny website address on which Consumer Health Data was provided. Progyny will endeavor to respond to all reasonable requests in a timely manner, and in any case, within any time limits prescribed by applicable local law.

Any questions, concerns, complaints, or appeals regarding handling of Consumer Health Data by Progyny, or related to revocation of consent to collect, process, transfer, or disclose your Consumer Health Data should be directed by email to privacyissues@progyny.com.

You may also contact us by telephone at 888.597.5065 or by mail at the following address:
Progyny, Inc.
1359 Broadway, 2nd Floor
New York, NY 1008
Attn: Legal

You may appeal decisions about your Consumer Health Data rights as follows:

  • Washington. If you are a Washington resident or located in Washington and your request is denied, you may appeal our decision and we will provide the steps to appeal as part of responding to your request. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If your appeal is denied, you may raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
  • Nevada. If you are a Nevada resident and your request is denied, you may appeal our decision and we will provide the steps to appeal as part of responding to your request. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If your appeal is not successful, you may submit a complaint with the Nevada Attorney General at https://ag.nv.gov/Complaints/File_Complaint/.

Supplement to Consumer Health Data Privacy Notice for Nevada Consumers

This supplement applies to Nevada consumers for purposes of providing additional disclosures required by Nevada’s Consumer Health Data privacy law.

We collect, use, process, and share Consumer Health Data for the purposes and in the manners described in our Progyny Privacy Policy.

Review and Revision of Consumer Health Data

If you would like to review and/or revise your Consumer Health Data, you may submit a request to us via any of the methods listed in our Progyny Privacy Policy. We will respond to your request to exercise your rights in accordance with applicable law.

Changes to this Privacy Notice

We may update this Privacy Notice from time to time. We will notify you of any changes by posting the new Privacy Notice.

We will let you know via a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Notice.

You are advised to review this Privacy Notice periodically for any changes. Changes to this Privacy Notice are effective when they are posted.