We Respect Your Privacy

Mofosmile LLC (“MyMofoSmile”, “we”, “our” or “us”) and each of its group companies respects your privacy and is committed to protecting it including through our compliance with this Privacy Policy (“Privacy Policy”).  Our employees, the organisation, and our systems will handle your personal information only in accordance with the laws of the State of Delaware and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

We respect your privacy and hope that you can enjoy the time you spend on our website.

Introduction

This Privacy Policy describes the types of personal information we may collect from you in the following instances:

1. when providing our Services to you, including personal information that you may provide or disclose to us when you visit the website mymofosmile.com (our “Website”), or when you communicate with us through email, text, SMS and other electronic communications; and
2. our practices for collecting, using, handling, maintaining, storing, protecting, and disclosing personal information that you shared with us.

 

Your Responsibility

 

It is your responsibility to do the following:

1. Read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will handle it;
2. If you do not agree with our policies and practices, you should not use our Website, Application, or purchase or acquire our Services

 

By accessing or using our Website or Application, you agree to the terms and conditions of this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Website or Application and Services after we make changes shall constitute your acceptance of those changes, so please check this Privacy Policy periodically for updates.

 

Children Under the Age of 18

Our Application and Website are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Website. We do not knowingly collect personal information directly from children under 18.

If you are under 18, please ask your parent or guardian to access and use the Website or Application for you, and please do not use, or provide any information on our Website, Application, or on or through any of their features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information directly from a child under 18 without verification of parental or guardian consent, we will delete that information. If you believe we might have received any information from a child under 18, please contact us using the contact details on our website.

Definitions

The following are the definitions relevant to this Privacy Policy:

1. Personal Information means any information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable This includes information that may directly identify you, or be used to identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users or other information that we hold about you and that may identify you. This also includes information that we collect directly from you, and about you from other parties, including (as applicable) licensed dentists, medical practitioners, orthodontists, through automated collection technologies and other methods, as further described below.
2. Sensitive Personal Information may include personal information concerning your health.

Data Collection

1. Personal Information We Collect About You:

 

The following are the information that we collect about you. Giving your personal information is purely voluntary.

 

1. We collect different types of personal information about you.
2. We collect personal information about you and your interactions with our Application and Website, depending upon the nature of your interactions and the scope of the services we provide, including if you are a customer or user, a medical practitioner, dentist, orthodontist, parent/guardian of a user/customer, visitors to our Website or Application and all other customers and users of our Services, including (as applicable):
   • your contact information, such as name; home, shipping, and postal address; e-mail address; home and mobile telephone number;
   • your payment information including your credit card, debit card, or other payment information (solely for payment purposes);
   • your identity information, including your date of birth; social security number;
   • health information, including your medical history and name(s) of your medical and dental providers, and other information about your past, present or future physical or mental health condition or the provision of health or dental care. This is known as sensitive information under applicable Privacy laws and additional protections apply to the collection of this information from you, which we detail further below;
   • information that is about you but may not identify you, such as statistical and other communications data and the resources that you access and use on the Website and in the Applications (some of which may be anonymised);
   • if you are a dentist, orthodontist or other licensed individual medical or healthcare practitioner: your name, profile, practice name, address, phone number, website URL, medical / tier experience, including to provide the Services to our users and customers;
   • information that you provide by filling in forms on our Website and Application. This includes information provided at the time of registering to use our Website or Application, subscribing to our Services, posting material, or requesting further products or services.
   • information we may ask you to provide when you enter a contest or promotion sponsored by us, or during a study you consent to participate in,
   • marketing and communications data – including your preferences for receiving marketing and communications from us;
   • personal information you provide when you report a complaint or problem with our Website or Application;
   • records and copies of your correspondence (including email addresses), if you contact us;
   • your responses to surveys that we might ask you to complete for research purposes;
   • details of transactions you carry out through our Application and Website and of the fulfilment of your Services orders; and
   • technical ID data, including about your internet connection and the equipment you use to access our Website and Application and related usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, as further described below.
3. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website and Application or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

1. Information We Collect Through Automatic Data Collection Technologies:

 

1. As you navigate through and interact with our Application and Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, such as:

 

• details of your visits to and usage of our Website or use of our Application, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website or in the Application; and
• technical information about your computer and internet connection, such as your IP address, operating system, and browser type.

 

1. The information we collect automatically may include personal Information or we may maintain it or associate it with personal Information we collect in other ways or that we receive from third parties. This information helps us to improve our Website and Application and to deliver a better and more personalized service to you by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Website and Application according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Website or Application, so that we can improve the interactions of you and our other customers with our Website.

 

1. Do Not Track Signals. We may use automated data collection technologies to track you across the Website, Application and otherwise. We currently do not honor do-not-track signals that may be sent by some browsers.

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

Data Processing

 

We collect personal information:

• directly from you (or your parent or legal guardian if you are under 18 years old) when you provide it to us, including through our Website and Application;
• in email, text, SMS and other electronic messages between you and us, including on our Website or Application;
• through printed documents, records and/or materials;
• indirectly when you interact with our advertising and/or marketing teams or communications and any applications on applicable or linked third-party websites and services;
• automatically in respect of usage information and IP information as described above, as you navigate through the Website or use the Application; and
• third party generated data, including from our business partners where you have separately provided your consent to these partners for your information to be shared with us.

 

If you are a customer or user, we also collect your personal and sensitive (including health) information from your licensed medical practitioners, including your health or dental providers and licensed dentists or orthodontists in order to provide our Services to you. Please see further your rights in respect of our collection and use of your sensitive (including health) information under ‘Health information’ below.

 

We process this sensitive information only to the extent:

• necessary to carry out our obligations to your licensed dental or relevant health care provider or orthodontist and to you, and to provide your licensed dental or relevant health care provider or orthodontist and you with our Services;
• you have provided your prior written consent to the processing of this information, and the information is reasonably necessary for one or more of our functions or activities; and
• if a “permitted general situation” or “permitted health situation” arises, including if the use or disclosure of this information is required by law or to prevent a serious threat to the life or health of an individual.

For clarity, unless you consent or the law allows, we will only use and disclose your sensitive health information for the purpose for which you have provided it to us, or for a secondary purpose which is directly related to providing our Services and it is reasonably necessary for the provision of these Services.

Why We Collect, Hold and Use Your Information

The personal information we collect from you is required for us broadly to provide our Services and to facilitate communication between you and /or your licensed dental or health provider. If you do not provide us with your personal information, we may not be able to provide you with our Services in the manner envisaged, or at all, communicate with you or respond to your enquiries on our Services.

We collect, hold, and use your personal information for various purposes described below including:

• to provide our Application and Website and present their contents to you;
• to provide you with our Services and information on our products and Services that you request from us;
• to provide personal information to your health provider, including licensed dentist or orthodontist including as may be requested by them from us;
• to fulfill any other lawful purpose for which you provide it;
• to comply with applicable laws and regulations and to operate our business;
• to provide you with notices about your account or membership, including expiration and renewal notices;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes to our Website or Application or any products or Services we offer or provide though them;
• to allow you to participate in interactive features on our Website and Application;
• to enable the marketing of products and services to you using our marketing tools and platform, including to personalize our products and services, including website optimisation, personalised emails and optimize our dynamic marketing and advertising strategies;
• to manage the security of our Website, Application, platform, networks and systems;
• in any other way we may describe when you provide the information; and
• for any other purpose with your prior written consent.

 

Marketing and Direct Marketing

We may use your information to contact you to promote and market our own goods and services that may be of interest to you, but we will not do so if you tell us not to. These products and services may be offered by us, any one of our related companies, subsidiaries or affiliates. We may contact you by email, SMS, voice, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you and will do only in compliance with all applicable laws.

To protect your privacy rights and to ensure you have control over how we manage marketing with you we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you based on the products and services which you have purchased or have registered your interest in purchasing to date from us. If you wish to opt-out of marketing emails, you may do so by clicking the unsubscribe link in the emails that we send you.

Data Disclosure

We do not share, sell, or otherwise disclose your personal information for purposes other than those outlined in this Privacy Policy.

 

We may disclose your personal information to certain third parties, including:

 

• your licensed health dental provider or orthodontist, as identified to us and where you have consented to the disclosure of your information to this licensed provider;
• our group companies including all subsidiaries and affiliates;
• our third-party service providers, suppliers, subcontractors, and business associates who we use to support our business. These third parties have agreed to confidentiality restrictions and to use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us and in accordance with applicable laws. These include IT service providers who help manage our IT and back office systems including the hosting and storage of personal information;
• to a buyer or other successor of MyMofoSmile or in the event of any change of control of MyMofoSmile, including any merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MyMofoSmile’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website and Application’s users is among the assets transferred; and
• to our professional advisors and consultants – including our lawyers and insurers to manage risks and legal claims.

We disclose your personal information in the manner set out above only in compliance with applicable privacy laws, including under Australian privacy laws:

• to provide the Services you have requested we provide to you (primary purpose) and for any other related purpose which you would reasonably expect us to use or disclose your personal information, or, in the case of your sensitive health information, directly related to the provision of our Services to you; this may include disclosure to credit and fraud prevention agencies for the purposes of fraud protection and credit risk reduction;
• to government agencies and bodies to comply with our legal obligations and to enforce our legal rights and obligations;
• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Use, our Application’s End User License Agreement, and other agreements, including for billing and collection purposes; and
• otherwise with your prior written consent.

 

We may disclose without restriction any fully aggregated or anonymised information about any of our users which does not identify you or any individual user.

Accessing and Correcting Your Personal Information

You may access and update your personal information at any time.

You can review and change your basic personal information by logging into the Website or Application and visiting your account profile page.

You may also request access to or correction of your personal information by contacting us through the Contact Information (located at the end of this Privacy Policy, to ensure that it is complete, accurate, and as current as possible. There are some circumstances in which we are not required to give you access to your personal information, including if we believe it would violate any law or legal requirement or cause the information to be incorrect.

There is no charge for requesting access to your personal information, but we may require you to meet our reasonable cost in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).

We will respond to your requests to access or correct your personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up to date and complete.

Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your personal information. You can help protect your personal information and other information by keeping your password to our Application and Website confidential.

We have implemented measures designed to secure your personal information from accidental loss and from misuse, interference or loss, and from unauthorised access, modification and disclosure. Most of the information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and health information will be encrypted when being communicated between us and you. Some information about you may be recorded in paper files that we store securely.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or the Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information on the Website or in Application like message boards and other areas where you may post photographs, videos or other content. The information you share in public areas may be viewed by any user of the Website or Application.

Unfortunately, the transmission of information via the internet is not completely secure. While we make reasonable efforts to maintain the Application and Website, we cannot guarantee the security of your personal information transmitted to or from our Application or Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, the Application, or the operating system of your computer or mobile device.

Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Website or in the Application. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s or Application’s home page/screen. If we make material changes to how we treat your personal information, we will provide notification through a notice on the Website’s or Application’s home page/screen and /or via email to you. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website or the Application and this Privacy Policy to check for any changes. 

Complaints

If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us at the customer care contact set out on our website, or by email to support@mymofosmile.com.

Mail can be sent to:
Mofosmile LLC
256 Chapman Rd STE 105-4
Newark, DE 19702

We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation. If you remain unsatisfied with the way in which we have handled any privacy issue, you may approach an independent advisor.