Client privacy policy — Saudi Arabia

DATA PROTECTION UNDER THE PERSONAL DATA PROTECTION INTERIM REGULATIONS 
 
To run our business, IMAART LLC processes information about individuals (“Personal Data”), including information about our current and former clients (“you”).  

IMAART LLC takes your privacy seriously. This Privacy Notice (“Notice") contains information on what Personal Data IMAART LLC collects, what we do with that information, and what rights you have.  

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 Saudi Arabia if you are a former, current or prospective client of IMAART LLC. 

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).  

      
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 related 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;

• 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, 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, such as your client or account number, including identifiers for accounting purposes; and 

• 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. 

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.  

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

 
Where you are an institutional or corporate client or investor, we may also collect information about your directors, representatives, employees, 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 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. For legal and regulatory compliance checks, please see Section e) below. 

 

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 your identity, and 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; 

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

• perform 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) Compliance and Risk Management and Investigation. For example, to: 

• carry out legal and regulatory compliance checks as part of the onboarding process;  

• meet our on-going regulatory and compliance obligations ; 

• receive and handle complaints, requests or reports from you or third parties made to designated units within IMAART LLC; 

• reply to any actual or potential proceedings, requests or the inquiries of a public or judicial authority; 

• prevent and detect crime, including fraud or criminal activity, misuses of our products or services as well as the security of our IT systems, architecture and networks; 

• undertake transactional and statistical analysis, and related research. 

f) 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.

 
g) 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 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 collect data to ensure the security of buildings as well as property and information located or stored on the premises, to prevent, and if necessary, investigate unauthorized physical access to secure premises (e.g., maintaining building access logs and CCTV system images); 

• testing and calibrating analytical models. In such case only pseudonymized data are used; 

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

• At the time of account opening with us or at any other time prescribed by applicable laws, we will inform you and seek your consent about the collection and use of our personal data.  

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3.2 Basis for processing of Personal Data 

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For any of the purposes of the processing activity (see section 3.1), the legal basis for the processing of your Personal Data will always be your implicit or explicit consent. 

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). 

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. 

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. 
      
5.2 Outside IMAART LLC 

When providing products and services to you, we may share Personal Data with persons acting on your behalf. For the purposes listed in section 3.1 above, and to the extent permitted under applicable law, we may also transfer Personal Data to third parties outside IMAART LLC, such as: 

 

• medical institutions, including IVF centres and laboratories;

• 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; 

• Third party service providers, who are contractually bound to confidentiality, such as IT system or hosting providers, cloud service providers, database providers, consultants (e.g., lawyers), and other goods and services providers (such as food service providers); 

• Authorities where we are required to disclose information by applicable law or regulation or at their request, or to safeguard our legitimate interests; 

• Other medical and fertility advisory services, comparable institutions or other recipients to whom we transfer Personal Data in order to conduct business. In particular: (i) when providing products and services to you, to persons acting on your behalf or otherwise involved in the transaction (depending on the type of product or service you receive from us), including, where relevant the following types of companies: a party acquiring interest in, or assuming risk in or in connection with, the transaction (such as an insurer); or (ii) payment recipients, beneficiaries, account nominees, intermediaries, and correspondent and agent banks (including custodian banks); (iii) clearing houses, and clearing or settlement systems and specialised payment companies or institutions such as SWIFT; (iv) other banks, market counterparties (including broker to whom we have executed a give-up agreement with), upstream withholding agents, swap or trade repositories, stock exchanges; (v) any third-party fund fiduciary administrator or asset manager who provides services to you; (vi) other financial institutions, credit reference agencies or credit bureaus (for the purpose of obtaining or providing credit references); and (vii) medical institutions, including IVF centres and laboratories.

• Any legitimate recipient required by applicable laws or regulations. 

• Where IMAART LLC transfer 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 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).

 

5.3 Data transfers to other countries 

The Personal Data 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 transfer your Personal Data outside Saudi Arabia where a corresponding approval from the regulatory authority was obtained.
 
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 business relationship subject to applicable legal and regulatory requirements. In addition, we might process your data after the termination of our business relationship for operational purposes in accordance with the applicable laws as well as pursuant to various retention and documentation obligations.  

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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:  

 

• request the erasure 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), unless statutory or judicial requirements require otherwise. 

IMAART LLC will honour such requests or withdrawal 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 how IMAART LLC processes your Personal Data, 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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8. Changes to your Personal Data 

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.

 

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