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Surrogate candidate privacy notice — USA

To run our business, IMAART LLC collects and uses information about living individuals (“Personal Information”), including information about our current, former and prospective candidates for engagement with IMAART LLC (“you”). 

IMAART LLC takes your privacy seriously. This Candidate Privacy Notice (“Notice”) contains information on what Personal Information the IMAART LLC employing entity/ies (“IMAART LLC”, “we”, “our”, or “us”, see relevant IMAART LLC entities in section 9) collect(s), what they do with that information, and what rights you have.


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

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

  • the lawful basis for the use of your Personal Information.  

1. What does this Notice cover? 

This Notice applies to any and all forms of use of Personal Information (“processing”) by in the United States if you are a current, former or prospective candidate of IMAART LLC. 

2. What type of Personal Information do we collect? 

For prospective, current, and former candidates, we collect basic identification information, such as your name, title, position, professional history, experience and contact details. 

If you actively apply for a role with IMAART LLC, we will usually also collect: 


  • Personal details and identification information (e.g., date of birth, nationality, picture, gender, ID card, passport numbers and other national ID numbers as required, immigration status); 

  • Physical and electronic address details (e.g., private telephone number, private email and/or postal address and business telephone number); 

  • Education and engagement information;

  • Information submitted as part of your application;  

  • Electronic and physical communication information, including but not limited to in- and outbound emails including attachments, phone conversations, chat or other instant messaging, faxes (digital) and other communication data (e.g., phone meta data); and 

  • Where relevant, information regarding your medical history to assess your suitability to our fertility products and services. 

Information you submit as part of your application must be true, accurate, complete, and not misleading. Any false or misleading statements or omissions made by you during the application process, including your application and any assessments and interviews, may be sufficient cause to justify the rejection of your application or, if you have already become an employee, the immediate termination of your engagement, subject to due process. 

If you provide information about your family or any other third party to us as part of your application (e.g., emergency contacts or referees) then, before providing us with such information, you must inform the relevant individuals that you will disclose their Personal Information to us and provide a copy of the information in this Notice to them. 

If you accept a role with IMAART LLC, then in order to conduct any necessary background checks and create your record in the IMAART LLC employee database, we will usually also collect: 


  • Family information (e.g., marital status, and details of any family or personal relationships within IMAART LLC); 

  • Medical information; and 

  • Financial information (e.g., summary credit history, bank account details, tax-related information, and information required to undertake required checks for money laundering, criminal activities, corruption, terrorist financing and related matters). 

In some cases, the Personal Information that we process will also include special categories of data, such as diversity-related information (including data about racial and ethnic origin, religious beliefs and other beliefs of a similar nature) and data about alleged or proven criminal offences, in each case where permitted by law.

In some cases, the Personal Information we collect from you is needed to meet our legal or regulatory obligations. If so, we will indicate to you that the provision of this information is mandatory, and the consequences if we cannot collect this information. 

The above-mentioned Personal Information are collected from information that you directly provide (through the completion and submission of online application forms and profiles, through resumes or curriculum vitae, or through interviews or other communications). In some cases, IMAART LLC will also collect Personal Information indirectly from third parties, such as recruitment agencies that you used to apply to IMAART LLC, background check providers such as HireRight and other administration services providers (for instance who provide candidate shortlisting services), or from publicly available sources such as business- and engagement-orientated social networking services and job boards. 

3. For which purposes do we process 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 of candidates, within applicable legal limitations, for the purposes of: 

a) Recruiting and Employee onboarding. For example, to:

  • undertake recruitment activities, such as determining the suitability of a candidate’s qualifications, maintaining information on the status of your application; 

  • assist us in managing external providers — see below for further information about when we work with third parties; 

  • prepare for and enter into a contractual engagement relationship. 

b) Staff Administration. For example, to: 

  • manage our candidate records and update the IMAART LLC database (e.g., keeping your application data on file); 

  • communication with you about any actual or potential job vacancy.  

c) Onboarding. For example, to: 

  • set up internal profiles, collecting information required to complete the employee onboarding process. For background checks see d) below);  

  • assist us in managing external providers involved in the onboarding process (e.g., insurance companies). 

d) Compliance & Risk Management and / or Crime Prevention. For example, to: 

  • carry out background checks as part of the onboarding process; 

  • receive and handle complaints, requests or reports; 

  • reply to any actual or potential proceedings, requests or the inquiries of a public or judicial authority (e.g., if IMAART LLC is under a duty to disclose Personal Information to comply with any legal or regulatory obligation); 

  • comply with any legal or regulatory obligations imposed on IMAART LLC in relation to its recruitment practices such as governmental reporting requirements.

e) Other purposes:  

  • to provide information to other IMAART LLC or third parties to benefit from cost-effective services, efficient solutions and subject-matter expertise (e.g., we may opt to use certain IT platforms offered by suppliers; 

  • to provide information to third parties 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 create custom and lookalike audiences on various social media platforms allowing to display targeted job advertisements. 

3.2 Basis for the processing of Personal Information 

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 to perform our contractual obligations towards you or to take pre-contractual steps at your request, such as preparing a contract of engagement for you following a decision to make you an offer of engagement; 

  • necessary to comply with our legal or regulatory obligations, such as reference requirements;  

  • necessary to protect the vital interests of the relevant individual or of another natural person, such as providing disability access to IMAART LLC premises for interviews where applicable;  

  • necessary for the legitimate interests of IMAART LLC, without unduly affecting your interests or fundamental rights and freedoms and to the extent such Personal Information is necessary for the intended purpose (see below);  

  • necessary for the performance of a task carried out in the public interest; or  

  • in some cases, we have obtained prior consent (such as when we apply automated decision making to evaluate whether to reject or proceed with your application) processed with your explicit consent in the case of special category of Personal Information. 

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

  • to benefit from cost-effective services (e.g., we may opt to use certain IT platforms offered by suppliers; 

  • to determine whether a candidate or potential candidate’s skills, qualities and experience are suitable for a role within IMAART LLC, and determine whether or not to either (i) make an offer of engagement with IMAART LLC; or (ii) approach a candidate with a view to making an offer of engagement with IMAART LLC, on this basis;  

  • at the appropriate stage in the recruitment process, to verify the accuracy of information you have provided to us as part of your application, including through background screening; 

  • to create custom and lookalike audiences on various social media platforms allowing to display targeted job advertisements. 

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

  • the processing is necessary to carry out our obligations under engagement, social security or social protection law;  

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

  • the processing is necessary for reasons of substantial public interest; or 

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


You are under no obligation to provide data to us during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.

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 ensure their confidentiality.

IMAART LLC has also implemented adequate technical and organisational measures to protect 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 and within the IMAART LLC for the purposes indicated in section 3.1. 

5.2 Outside IMAART LLC 

For the purposes listed in section 3.1 above, and to the extent permitted under applicable law, we may also transfer Personal Information to third parties outside IMAART LLC, such as: 

  • third party service providers, who are contractually bound to confidentiality, such as our IT system or hosting providers, cloud service providers, social network platforms, database providers, consultants (including insurance brokers and lawyers) and third parties who carry out pre-engagement checks on prospective candidates;  

  • 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; 

  • authorities, e.g., regulators, enforcement or courts or party to proceedings where we are required to disclose information by applicable law or regulation or at their request, or to safeguard our legitimate interests; 

  • the referees provided on your application form to IMAART LLC; 

  • any central or local government department and other statutory or public bodies; and 

  • any legitimate recipient of communications required by laws or regulations. 

Where IMAART LLC transfers your data to third party service providers processing data on IMAART LLC behalf, we take steps to ensure they meet our data security standards, so that your Personal Information 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). 

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.

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, whichever is longer. In general, although there may be exceptions, data relating to unsuccessful candidates for roles within IMAART LLC is kept for 36 months after the date on which we notify you that your most recent application has been unsuccessful; data relating to potential candidates for roles within IMAART LLC is kept for 36 months from the date of our last recorded communication with you. Any maximum storage term set forth by applicable law will prevail. Personal Information relating to successful candidates is dealt with by the employee privacy notice that will be provided to you upon joining IMAART LLC. If your application is successful, your application will be retained as part of your personnel record. 

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.  

Changes to your 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. 

Updates to this Notice 

This Notice was updated in December 2021. 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.  


If you have any questions or comments about this Notice, please contact IMAART LLC.

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