Client privacy policy — France

DATA PROTECTION UNDER THE EU GENERAL DATA PROTECTION REGULATION (EU GDPR) 
 
To run our business, IMAART LLC processes information about individuals («Personal Data»), including information about our current and former clients («you»).  

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IMAART LLC takes your privacy seriously. This Privacy Notice («Notice») contains information on what Personal Data IMAART LLC entities («IMAART LLC»,«IMAART Fertility»,  «we», «our», or «us») collect, what we do with that information, and what rights you have.  

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

 

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

• the lawful basis for the use of your Personal Data; and 

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

 
1. What does this Notice cover? 

This Notice applies to any and all forms of use («processing») of Personal Data by us in the European Economic Area («EEA») and the United States of America if you are a former, current or prospective client. 

2. What types of Personal Data do we collect? 

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

 

• 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):  

 

• 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 electronic address, and family details such as the name of your spouse or partner; 

• 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 mobile applications; 

• any records of phone calls between you and IMAART LLC; 

• identifiers we assign to you, such as your client account number, including identifiers for accounting 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 (where permitted by law), special categories of Personal Data, such as your biometric information, political opinions or affiliations, religious or philosophical beliefs, and, to the extent legally possible, information relating to criminal convictions or offences. 

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

In some cases, we collect this information from public registers, public administration or other third-party or public sources, such as wealth screening services, credit reference agencies, intermediaries that facilitate data portability, and other IMAART LLC. 

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We might also collect certain of the above Personal Data types in relation to your business relationship, dependants or family members, representatives or agents.  

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Additionally, where you are an institutional or corporate client or investor, we may also collect publicly available organizational information about your directors, employees, or shareholders, such as title, company email, company telephone and company address information. 
     
3. For which purposes do we process your Personal Data and what legal basis do we rely on?  

3.1 Purposes of processing 

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

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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, 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 Data, for instance by looking at the types of products and services that you use from us, how you like to be contacted. 

c) Product 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;

• perform underwriting by our service providers. 

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 example: 

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

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

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

3.2 Basis for processing of Personal Data 

Depending on the purpose of the processing activity (see Section 3.1), the legal basis for the processing of your Personal Data 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; 

• required to meet our legal or regulatory responsibilities, such as when we use your data for some of the purposes in Section 3.1 f) above; 

• necessary for the legitimate interests of IMAART LLC, without unduly affecting your interests or fundamental rights and freedoms and to the extent such Personal Data is necessary for the intended purpose (such as when we use your data for some of the purposes in Section 3.1 a), b), d), e) and f). See below for more examples of legitimate interests of IMAART LLC); or 

• in limited circumstances, and as may be requested from you from time to time, we have obtained prior consent (for instance where required by law) or processed with your explicit consent in the case of special categories of Personal Data (such as your biometric data). 

Examples of the “legitimate interests” referred to above are: 

 

• manage our relationship with you and to 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 (see Section 3.1 b) above); 

• evaluate whether and how IMAART LLC may offer products, services and events that may be of interest to you (see Section 3.1 d) above); 

• prevent fraud or criminal activity, misuses of our products or services as well as the security of our information, IT systems, architecture and networks and security of IMAART LLC premises (see Section 3.1 e) and f) above);  

• receive and handle complaints, requests or reports from you or third parties made to designated units within IMAART LLC (see Section 3.1 e) above); 

• take steps to improve our products and services and our use of technology and to conduct market research (see Section 3.1 e) above); 

• to cooperate with a request made in any actual or potential proceedings or the inquiries of a public or judicial authority (see Section 3.1 d) above); 

• certain situation when we make the disclosures referred to in Section 5 below, providing products and services and assuring a consistently high service standard across the IMAART LLC, and keeping our clients, employees and other stakeholders satisfied; and 

• exercising our rights under Articles 16 and 17 of the Charter of Fundamental Rights, including our freedom to conduct a business and right to property; in each case provided such interests are not overridden by your privacy interests. 

To the extent IMAART LLC has obtained your consent to process ordinary Personal Data in the past in any product-specific terms and conditions for the purposes of data protection law only, IMAART LLC will no longer rely on such consent, but instead will rely on lawful grounds of compliance with a legal obligation, contractual necessity or legitimate interests (as specified in this Notice), and IMAART LLC' ability to rely on that consent is hereby waived or extinguished. For the avoidance of doubt, any consent given for any other reason, for instance (and if applicable) e-Privacy (including direct marketing), decisions based solely on automated processing remains unaffected by this paragraph.  

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Where the Personal Data 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 Data there is a possibility we may be unable to onboard you as a client or provide products or services to you (in which case we will inform you accordingly). 

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To the extent that we process any special categories of data relating to you, we will do so because: 

 

• the processing is necessary for the establishment, exercise or defense of a legal claim;  

• the processing is necessary for reasons of substantial public interest on the basis of Union or EU Member State law;  

• the processing relates to personal data which are manifestly made public by you; or  

• you have given your explicit consent to us to process that information (where legally permissible). 

4. How do we protect Personal Data? 

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

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IMAART LLC has also implemented adequate technical and organisational measures to protect your Personal Data 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 Data and with whom are they shared? 

5.1 Within IMAART LLC

We make available Personal Information to members of our personnel within the IMAART LLC for the purposes indicated in section 3, in order to ensure a consistently high service standard and to provide services and products to you. 

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5.2 Outside the IMAART LLC  

5.2.1 Third Parties  
We share Personal Data with other medical and fertility advisory services institutions and comparable institutions 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; 

• other financial institutions, credit reference agencies or credit bureaus (for the purposes of obtaining or providing credit references);  

• any third-party fund manager who provides asset management services to you; and  

• any introducing broker to whom we provide introductions or referrals. 

Examples of types of companies that are relevant to your country can be found in in Section 10. 

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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. 
 
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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Examples of types of service providers that are relevant to your country can be found in Section 10. 

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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, where we are required to disclose information by applicable law or regulation, under a code of practice or conduct, at their request, or to safeguard our legitimate interests.  

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Examples of public and regulatory authorities that are relevant to your country are set out in Section 10.  

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5.2.4 Others 

• 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. 

      
5.3 Data transfers to other countries 

The Personal Data transferred within or outside the IMAART LLC as set out in Sections 5.1 and 5.2, is in some cases also processed in non-EEA countries. We only transfer your Personal Data 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).  

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A copy of these measures can be obtained by contacting IMAART LLC. If and to the extent required by applicable law, we implement the necessary legal, operational and technical measure and/or enter into an agreement with you before such transfers.

 

6. How long do we store your data? 

We will only retain Personal Data 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 Data depending on its purpose. 

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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 purposes in accordance with applicable laws as well as pursuant to various retention and documentation obligations or if it is in IMAART LLC’ legitimate interest. 

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However, if you wish to have your Personal Data 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 access and to obtain information regarding your Personal Data 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 Data.  

You also have the right to:  

 

• object to the processing of your Personal Data;  

• request the erasure of your Personal Data;  

• request restriction on the processing of your Personal Data; and/or 

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

 

When Personal Data is processed for direct marketing purposes, your right to object extends to direct marketing, including profiling to the extent it is related to such marketing. You may object to direct marketing by clicking the "unsubscribe" link in any of our emails to you, or by emailing us.

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Where we process your Personal Data based on your consent, or where such processing is necessary for entering into or performing our obligations under a contract with you, you may have the right to request your Personal Data be transferred to you (known as the ‘data portability’ right). You also have the right to ask IMAART LLC for information regarding some or all of the Personal Data we collect and process about you. 

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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 Data by IMAART LLC, we would like to discuss it with you to understand how we can rectify the issue. If you would like to speak to us about our use of your Personal Data, you can contact IMAART LLC. 

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If you are not satisfied with IMAART LLC’ response, you have the right to make a complaint to the data protection authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your data has arisen. The contact details of each Data Protection Authority can be found at the following website: https://edpb.europa.eu/about-edpb/board/members_en 

8. Changes to your Personal Data 

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

9. Updates to this Notice 

This Notice was updated in December 2021. 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.  

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10. Other provisions that are specific to France 

This section includes country specific provisions in addition to the information provided in the remaining sections of this Notice.

 

10.1 List of IMAART LLC controller entities in France

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Not applicable for the moment. 

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10.2 Data Protection Officer 

To contact the Data Protection Office you can contact IMAART LLC. 

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10.3 Contact details for exercising data subject rights 

To exercise the data subject rights indicated in Section 7.1, please you can contact IMAART LLC.

If you are not satisfied with any aspect of the processing of your Personal Data by IMAART LLC, we would like to discuss it with you to understand how we can rectify the issue. If you would like to speak to us about our use of your Personal Data, you can contact IMAART LLC.

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10.4 Additional data subject rights provided by French national data protection law 

In addition to the rights listed in Section 7.1 above, you have the right under French law to set guidelines for the retention, erasure, and communication of your personal data after your death. General guidelines relate to the entirety of your personal data and can be registered with a digital trusted third party certified by the CNIL. 

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10.5 Direct marketing  

Before contacting you directly for marketing purposes via electronic means or by phone, we separately obtain your explicit consent. You may withdraw your consent at any time (e.g., by clicking the "unsubscribe" link in any of our emails to you, or by emailing us at the address indicated in Section 10.3 at any time). 

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10.6 Data retention periods 

We process and store your Personal Data as long as necessary for the performance of our contractual and statutory obligations subject to applicable legal and regulatory requirements. 

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In addition, we might process your Personal Data after the termination of the relationship or contract with IMAART LLC for compliance and risk management purposes in accordance with the applicable laws as well as pursuant to various retention and documentation obligations or if it is in IMAART LLC’ legitimate interest.  

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In general, IMAART LLC will retain personal data for the period of the relationship or contract with IMAART LLC plus 10 years, reflecting the length of time for which legal claims may be made following the termination of such relationships or contract. 

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10.7 National data protection authority 

In France, the relevant data protection authority is Commission Nationale de l’Informatique et des Libertés (CNIL). 

 

You can contact the CNIL at the following address: 
Commission Nationale de l’Informatique et des Libertés 
3 Place de Fontenoy TSA 80715 75334 PARIS CEDEX 07 phone: +33 (0) 1 53 73 22 22