Client privacy policy — China

NOTIFICATION TO IMAART LLC CLIENTS  
 
To run our business, IMAART LLC collects and uses information about individuals (“Personal Information”), including information about our current and former clients (“you”).  

IMAART LLC takes your privacy seriously. This Privacy Notice (“Notice”) contains information on what Personal Information the IMAART LLC (“IMAART LLC”, “we”, “our”, or “us”) collect(s), what we do with that information, and what rights you have.  

As part of our commitment to protect your Personal Information, we want to inform you in a transparent manner: 

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• why and how IMAART LLC collects, uses and stores your Personal Information; 

• the lawful basis on which your Personal Information is processed; and 

• what your rights are in relation to such processing and how you can exercise them.  

  
1. What does this Privacy Notice cover? 

This notice applies to any and all forms of use of Personal Information (“processing”) by us in the People’s Republic of China if you are a former, current or prospective client of IMAART LLC. 

2. What type of Personal Information do we collect? 

For prospective clients with whom we have not yet made contact, we may collect (to the extent permitted by applicable law): 

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• Personal identification details (such as name, address, gender, nationality), contact information (such as telephone, e-mail address), and family details (such as marital status); 

• Information related to the professional profile (such as positions and professional networks) and information related to medical and fertility background.  

 

For former and current clients or prospective clients with whom we are taking steps to enter into a contractual relationship, we collect (to the extent permitted by applicable law):  

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• personal details such as your name, identification number, date of birth, identification documents (including a copy of your national identity card or passport), phone number, address and domicile and electronic address, and family details such as the name of your spouse, partner or children; 

• medical information, such as medical reports, blood test and other examination result;

• financial information, including payment and transaction records; 

• where relevant, professional information about you, such as your job title and work experience; 

• your knowledge of and experience in fertility matters; 

• details of our interactions with you and the products and services you use, including electronic interactions across various channels such as e-mails and website: 

• any records of phone calls and video footages between you and IMAART LLC, specifically phone log information such as your phone number, calling-party number, receiving-party number, forwarding numbers, time and date of calls and messages, duration of calls, routing information, and types of calls; 

• identifiers we assign to you for transactional purposes; 

• when you access IMAART LLC websites or our applications, data transmitted by your browser or device you are using and automatically recorded by our server, including date and time of the access, name of the accessed file as well as the transmitted data volume and the performance of the access, your device, your web browser, browser language and requesting domain, and IP address (additional data will only be recorded via our Website if their disclosure is made voluntarily, e.g., in the course of a registration or request). When you visit a IMAART LLC website, that website will contain additional information about how we use your information while you are visiting that website; and 

• in some cases, and to the extent permitted by applicable law, the Personal Information that we collect will also include Personal Sensitive Information (information that, once leaked or illegally used, may lead to personal discrimination or material harm on natural persons’ dignity of human personality or harm to personal or property security) such as number of ID certificate, nationality, medical information, financial information, including payment and transaction records, bank account, communication records and contents, Online Identity Information, property information, credit information, whereabouts, accommodation information, health and physiological information, transaction information; and information about alleged or proven criminal offences or convictions. 

For our usage of cookies and other tracking technologies in relation to IMAART LLC websites please also refer to the IMAART LLC Website and Cookie Notice available on our privacy page. 

In some cases, we collect this information from public registers (which, depending on the product or service you receive and the country of the IMAART LLC entity with which you have a contractual relationship, may include beneficial ownership and other registers), public administration or other third-party or public sources, such as wealth screening services, credit reference agencies, and intermediaries that facilitate data portability. 

We might also ask you for certain of the above Personal Information types in relation to your business relationship, dependants or family members, representatives or agents.  

Where you are an institutional or corporate client or investor, we may also ask you for information about your directors, representatives, employees or shareholders or beneficial owner. Before providing IMAART LLC with this information, you should provide a copy of this notice to those individuals. 
      
3. For which purposes do we process your Personal Information and what legal basis do we rely on? 

3.1 Purposes of processing 

We always process your Personal Information for a specific purpose and only process the Personal Information which is relevant to achieve that purpose. In particular, we process Personal Information, within applicable legal limitations, for the following purposes: 

a) Client Onboarding. For example: 

• to verify your identity and assess your application. 

 

b) Client Relationship Management. For example, to: 

• manage our relationship with you, including communicating with you in relation to the products and services you obtain from us and from our business partners, handling customer service-related queries and complaints, making decisions regarding credit or your identity, tracing your whereabouts; 

• help us to learn more about you as a client, the products and services you receive, and other products and services you may be interested in receiving, including profiling based on the processing of your Personal Information, for instance by looking at the types of products and services that you use from us, how you like to be contacted and so on. 

 

c) Products and/or services implementation and execution. For example, to: 

• provide products and services to you and ensuring their proper execution, for instance by ensuring that we can identify you and make payments to and from your accounts in accordance with your instructions and the product terms;

• facilitate medical professionals to advice and provide appropriate medical treatments to you;

• assist insurance underwriting. 

d) Engaging in prospecting and business development and / or protecting and enhancing the IMAART LLC brand. For example, to: 

• evaluate whether and how IMAART LLC may offer products, services and events that may be of interest to you; 

• contact you for direct marketing purposes about products and services we think will be of interest to you, including those offered by us, IMAART LLC, and our other business partners, and facilitating competitions and promotions. 

     
e) Supporting, Enhancing and Maintaining IMAART LLC’s technology. For example, to: 

• take steps to improve our products and services and our use of technology, including testing and upgrading of systems and processes, and conducting market research to understand how to improve of our existing products and services or learn about other products and services we can provide. 

f) Other purposes: 

• for the IMAART LLC’s prudent operational management (including credit and risk management, technological support services, reporting, insurance, audit, systems and products training and similar administrative purposes); 

• to enable a transfer, merger or disposal to a potential buyer, transferee, merger partner or seller and their advisers in connection with an actual or potential transfer, merger or disposal of part or all of IMAART LLC’s business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it; 

• to undertake transactional and statistical analysis, and related research; 

• exercise our duties and/or rights vis-à-vis you or third parties.

 

3.2 Basis for the processing of Personal Information 

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Depending on the purpose of the processing activity (see Section 3.1), the legal basis for the processing of your Personal Information will be one of the following:  

 

• necessary for taking steps to enter into or executing a contract with you for the services or products you request, or for carrying out our obligations under such a contract, such as when we use your data for some of the purposes in Section 3.1 a) and c) above; 

• necessary to meet our legal or regulatory responsibilities, including when we conduct the legal and regulatory compliance checks and make the disclosures to authorities, regulators and government bodies referred to in Section 3.1 e) above;  

• processing relates to the personal information made publicly available by you or otherwise lawfully made publicly available within a reasonable scope and in accordance with the Personal Information Protection Law (PIPL); 

• where we have obtained your prior consent, or where we have obtained your separate consent (where required by law) such as in the case of transferring Personal Information cross-border, providing Personal Information to third party personal information processors (as defined by China’s Personal Information Protection Law), and processing sensitive Personal Information. 

Where the Personal Information we collect from you is needed to meet our legal or regulatory obligations or enter into an agreement with you, if we cannot collect this Personal Information there is a possibility we may be unable to on-board you as a client or provide products or services to you (in which case we will inform you accordingly). 

4. How do we protect Personal Information? 

All IMAART LLC employees accessing Personal Information must comply with the internal rules and processes in relation to the processing of Personal Information to protect them and to ensure their confidentiality. 

IMAART LLC has implemented adequate technical and organisational measures to protect your Personal Information against unauthorised, accidental or unlawful destruction, loss, alteration, misuse, disclosure or access and against all other unlawful forms of processing. 
      
5. Who has access to Personal Information and with whom are they shared? 

5.1 Within IMAART LLC

We make available Personal Information to members of our personnel within IMAART LLC in order to ensure a consistently high service standard and to provide services and products to you. We will only share personal data necessary for IMAART LLC's internal operations, and such recipient will also be subject to confidentiality obligations.

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5.2 Outside IMAART LLC

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5.2.1 Third Parties  
We share Personal Data with medical institutions, comparable institutions and to our professional legal advisers and consultants to perform the business relationship with you. In particular, when providing products and services to you, we will share personal data with persons acting on your behalf or otherwise involved (depending on the type of product or service you receive from us), including, where relevant the following types of companies:  

 

• medical institutions, including IVF centres and laboratories;

• a party acquiring interest in, or assuming risk in or in connection with, the transaction (such as an insurer);  

• payment recipients, beneficiaries, account nominees, intermediaries, correspondent and agent banks (including custodian banks); 

• clearing houses, and clearing or settlement systems and specialised payment companies or institutions such as SWIFT; 

• Any third-party product providers which may provide medical, concierge and legal services to you, e.g., third party banks, fund houses, trust companies, private asset managers, insurance companies etc;  

• lawyers, auditors and accountants providing legal, audit, consultancy or accounting services to us. 

5.2.2 Service Providers  
In some instances, we also share personal data with our suppliers, who are contractually bound to confidentiality, such as IT hardware, software and outsourcing providers, logistics, mail, courier, printing services and storage providers, marketing and communication providers, facility management companies, market data service providers, transportation and travel management providers and others. When we do so we take steps to ensure they meet our data security standards, so that your personal data remains secure. 

Where IMAART LLC transfers your data to service providers processing data on IMAART LLC behalf, we take steps to ensure they meet our data security standards, so that your Personal Data remains secure. Third party service providers are thereby mandated to comply with a list of technical and organisational security measures, irrespective of their location, including measures relating to: (i) information security management; (ii) information security risk assessment and (iii) information security measures (e.g., physical controls; logical access controls; malware and hacking protection; data encryption measures; backup and recovery management measures). 

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5.2.3 Public or regulatory authorities   
If required from time to time, we disclose personal data to public authorities, regulators or governmental bodies, or courts or party to proceedings where we are required to disclose information by applicable law or regulation, under a code of practice or conduct, at their request.  
      
5.2.4 Other 

• A potential buyer, transferee, merger partner or seller and their advisers in connection with an actual or potential transfer or merger of part or all of IMAART LLC’s business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it; 

• Any legitimate recipient required by applicable laws or regulations. 

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5.3 Data Transfers to other countries 

The Personal Information transferred within or outside IMAART LLC as set out in Sections 5.1 and 5.2, is in some cases also processed in other countries. We only transfer your Personal Information abroad to countries which are considered to provide an adequate level of data protection, or in the absence of such legislation that guarantees adequate protection, based on appropriate safeguards (e.g., standard contractual clauses adopted by the European Commission to the extent recognized by the competent Data Protection Authority or another statutory exemption) provided by local applicable law.  

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6. How long do we store your data? 

We will only retain Personal Information for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. To help us do this, we apply criteria to determine the appropriate periods for retaining your Personal Information depending on its purpose. 

As far as necessary, we will keep your data for the duration of our fertility advisory relationship subject to applicable legal and regulatory requirements. In addition, we might process your data after the termination of our fertility advisory relationship for compliance or risk management in accordance with the applicable laws as well as pursuant to various retention and documentation obligations.  

However, if you wish to have your Personal Information removed from our databases, you can make a request as described in Section 7 below, which we will review as set out therein. 

7. What are your rights and how can you exercise them?  

7.1 Your rights 

You have a right to request explanation of processing rules, to consult and to copy your Personal Information that we process. If you believe that any information we hold about you is incorrect or incomplete, you may also request the correction of your Personal Information. 

You also have the right to:  

 

• be informed on the processing of your Personal Information 

• request the erasure of your Personal Information;  

• restrict or prohibit the processing of your personal information 

• refuse to receive any commercial advertisements based on your Personal Information; 

• request for a copy of your Personal Information and, if technically feasible, to directly transmit a copy of your Personal Information to a third party designated by you;  

• request information about consent choices and the consequences of refusing consent where IMAART LLC seeks to rely on your consent as a lawful ground for processing your Personal Information; and  

• withdraw your consent where IMAART LLC obtained your consent to process Personal Information (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal). 

      
IMAART LLC will honour such requests, withdrawal or objection as required under applicable data protection rules but these rights are not absolute: they do not always apply and exemptions may be engaged. We will usually, in response to a request, ask you to verify your identity and/or provide information that helps us to understand your request better. If we do not comply with your request, we will explain why.  

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7.2 Exercising your rights  

To exercise the above rights, please contact IMAART LLC. 

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If you are not satisfied with any aspect of the processing of your Personal Information by IMAART LLC, we would like to discuss it with you to understand how we can rectify the issue. Please raise any concerns by contacting IMAART LLC. 

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Changes to Personal Information 

We are committed to keeping your Personal Information accurate and up to date. Therefore, if your Personal Information changes, please inform us of the change as soon as possible.  

Changes to this Notice 

This Notice was updated in January 2023. We reserve the right to amend it from time to time. Any amendment or update to this Notice we will make available to you here. Please visit the IMAART LLC website frequently to understand the current Notice, as the terms of this Notice are closely related to you.