Client privacy policy — Australia

Notification to client data subjects  

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IMAART LLC is incorporated in the United States of America and does business in the name of IMAART Fertility. 

1. What Personal Information does IMAART LLC collect? 

IMAART LLC with whom you (“you”) have a relationship or propose to have a relationship will collect, use, hold and disclose personal information that you provide or is gathered through your use of www.imaartfertility.com and any subsequent communications with IMAART LLC. You consent to such collection, holding, use and disclosure of your personal information in accordance with the terms of this policy. 

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The term “personal information”, as used in this policy, is as defined in the Privacy Act 1988 (Cth) (the “Privacy Act”). The types of personal information that IMAART LLC may collect and hold will include information used to identify you, your financial position and any other related information necessary or incidental to the fertility advisory products and services which IMAART LLC provide or propose to provide to you. This may include but is not limited to your: 

 

• name; 

• contact details; 

• bank account information; 

• health and medical information; and 

• employment information. 

In some circumstances, IMAART LLC may gather personal information about you from a third party or from publicly available information. The third parties from whom IMAART LLC may acquire personal information include, but are not limited to, credit agencies, financial advisers, fund managers or intermediaries and spouses. 

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Should a third party provide a member of IMAART LLC with your personal information, we assume that you have provided your consent to that third party unless you tell us otherwise. If you have any problems or queries with IMAART LLC obtaining personal information about you from a third party, you should approach us and the relevant third party. 

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The personal information that you provide will be information which will enable IMAART LLC to perform its functions or activities. If you do not provide any of the personal information we request or do not consent to the use, holding or disclosure of your personal information in accordance with this policy, we may not be able to provide you with the products or services you require. 
     
2. How will IMAART LLC use your Personal Information? 

The IMAART LLC is extremely conscious of the importance of adequately protecting your personal information. You may be assured that all reasonable measures will be taken by IMAART LLC to protect the confidentiality and security of your personal information. The purposes for which IMAART LLC will use your personal information will depend upon the relationship that you have with IMAART LLC. For example, your personal information will be used to: 

 

• provide you with a fertility advisory or related service; 

• monitor the quality of the service that we provide to you and our clients; 

• administer, improve and further the services we provide to our clients; 

• offer you further services, which may include using your personal information for marketing purposes (in which case we will give you the opportunity to request that your personal information not be used for future direct marketing); or 

• comply with regulatory or legal requirements. These laws and regulations include, but are not limited to, the Corporations Act 2001 (Cth), Proceeds of Crime Act 1987 (Cth), Anti- Money Laundering and Counter Terrorism Financing Act 2006 (Cth), Federal Privacy Act (1988)s (“Privacy Act”), relevant rules of relevant stock exchanges and ASIC Market Integrity Rules. 

You should be aware that IMAART LLC will be entitled to use your personal information for any purpose which is related to the purpose for which your personal information was originally provided by you. 

Storage of your Information 

Your information will be held in a secure environment either in writing, electronically or both. We have security measures in place which are intended to protect your information that we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. You may obtain further details on the exact nature of where and how your personal information is held by contacting IMAART LLC. 

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With the exceptions detailed within this policy, your information will only be available to IMAART LLC employees on a need-to-know basis in order to perform their obligations and duties. 

Access, Correction Rights, and Complaints 

Should you wish to know what information IMAART LLC holds about you, you may request to view this information by contacting IMAART LLC.

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We will promptly investigate your enquiry and provide you with appropriate answers where required or permitted. We may charge a reasonable fee for access to this personal information. 

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Should you discover that any information is outdated, incorrect or incomplete you may request to have the information corrected and IMAART LLC will promptly update its records. 

You may also contact IMAART LLC if you have any questions on our compliance with the Privacy Act or if you wish to make a complaint about our handling of your information. 

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Your complaint should first be made in writing to IMAART LLC, as required by the Privacy Act. We will endeavor to respond to a complaint within 30 days. 

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If you remain dissatisfied with the outcome of the complaint following its determination by AFCA, you may lodge a complaint with the Office of the Australian Information Commissioner. 

Disclosure to Third Parties 

You acknowledge and agree that your information may be disclosed to any of the following third parties: 

 

• any regulatory, governmental organisation or industry or legal body which governs the conduct of any part of IMAART LLC’s business in any jurisdiction or as required by law or regulation; 

• related bodies corporate of IMAART LLC whether in Australia or any overseas jurisdiction; 

• a third party who is supplying a service to a member of IMAART LLC whether in Australia or any overseas jurisdiction. The IMAART LLC may provide your personal information to third parties including information technology maintenance companies, software providers and share registries; 

• IMAART LLC’s advisers, legal advisers or auditors; 

• your representatives (including your legal adviser, mortgage broker, financial adviser, executor, administrator, guardian, trustee, or attorney); 

• where permitted by law, debt collection agencies or other lenders; 

• any other third party provided that we obtain your prior written consent; or 

• as otherwise permitted by law. 

Disclosure of Personal Information to Related Bodies Corporate and third parties outside Australia 

You acknowledge and agree that if you supply your information to  IMAART LLC, this information may be transferred between related bodies corporate or to third parties who supply services to IMAART LLC. 

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These related bodies corporate and third parties to whom your information may be transferred, may be located throughout the world (including but not limited to China, Hong Kong and United States of America) and be registered and governed by laws outside the Australian jurisdiction. As such, the laws regulating a related body corporate may differ to Australian laws and may apply a greater or lesser standard of protection for your personal information. 

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IMAART LLC, however, is very conscious of the need to adequately protect clients’ personal information. 

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Should your personal information be transferred to a jurisdiction with inadequate privacy protection, IMAART LLC will take reasonable steps to ensure that the relevant overseas recipient does not breach the Australian Privacy Principles set out in the Privacy Act in relation to such information. 

IMAART LLC Websites 

Many IMAART LLC websites to which you may have access utilise “cookies”. A cookie is an electronic mechanism which can trace your access and use of personal information contained within our websites. Should you use any IMAART LLC website you consent to the use of cookies by any member of IMAART LLC. Any information obtained through the use of cookies will be used to enhance the products and services that IMAART LLC provides to you. 

Sensitive Information 

A member of IMAART LLC may be required to collect sensitive information about you in order to provide the service or product you have requested. Sensitive information is defined in the Privacy Act and includes information about an individual’s racial or ethnic origin, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, criminal record, or health information. We will only collect sensitive information about you with your consent or as otherwise permitted by law. You have consented to such collection in accordance with this policy. 

Exemptions 

This policy does not apply in respect of acts and practices of IMAART LLC which are directly related to an employee record of a current or former employee. 

Changes to this policy 

We reserve the right, at our discretion, to modify or remove any part of this policy at any time. You should review this policy from time to time so that you are updated on any changes.