Our Privacy Policy

Effective Date: December 1, 2021

Our Privacy Policy explains how we collect and use the Personal Data you provide through this website https://www.smilesimple.com/, or through our mobile or web applications, email, text or by phone or other form of communication (“Services”). If you reside in California please also review our California Consumer Privacy Act Disclosure here.

Straight Teeth Solutions, Inc. D/B/A Smile Simple, its owners, managers, officers and agents (“STS”, “we” or “us”) respect your privacy! Below are the steps we take to protect Personal Data provided by our users (collectively “User”, “you”, or “your”). “Personal Data” means any information that can be used on its own or with other information to identify, contact, or locate an individual or identify an individual in context.

This Privacy Policy explains what Personal Data we collect, how and why we use, store, and protect it, when and why we may share it, and how you can access, update, delete or take control of your Personal Data. You should read this policy carefully to ensure you understand our policies and how we handle your Personal Data. If you have questions about your Personal Data or our practices, please email us at [email protected] which we actively monitor to ensure you are comfortable with access to your data. Your continued use of our website and Services after any update indicates your knowing consent to the terms of this Privacy Policy in effect on the date of your use. The date above indicates the last time we updated this Privacy Policy.

DATA WE COLLECT Personally Identifiable Data: When you use our Services or enter information on our website we may ask for your name, date of birth or age, gender, medical history, names of your dental or medical providers, provision of dental or health care, email or mailing address, phone number, or other information to provide our Services and improve your user experience.

Health Information: Some of the Personal Data we collect, or process may be considered sensitive when required to provide our service or carryout our obligations. We process this sensitive data and Personal Data only to the extent necessary to meet our obligations to you, or your licensed dentist, orthodontist or dental care provider or insurer, to deliver you and your licensed dental provider with our services.

Payment Data: We do not collect personal information for payment. We use third-party processors for payment processing, financing, email services, etc. to provide our Services. They may collect Personal Data, so you should check their respective Privacy Policies. Our current third-party providers, include but are not limited to, PayPal,

Automatically Collected Data: We collect some data automatically when you interact with us by using our Services. We may receive and store information such as an IP address, device ID, geographic, demographic and your activities on our websites or blog. We may store this information, or it may be stored in databases owned and maintained by affiliates, agents, or service providers. We may use this data or combine it with other data to track the number of users and referral sources for customers and purchase of our products.

Data from other Services: You may give us permission to collect your information through other services. For example, if you login to our Services through your Google or Facebook account, connect to a third-party service including but not limited to Instagram, Facebook, Twitter, LinkedIn, etc., through an icon or link on the Services or otherwise link your account with a third-party service, we may share the contents of your post and associated information with such third party. Once such information is shared, the use of your information is subject to the third party’s privacy policy and this Privacy Policy will NOT apply.

Cookies: Cookies are pieces of data that websites and services set on your browser or device to improve your user experience on future visits and speed up functionality. We use cookies and similar technologies to track your computer’s settings such as the account you have logged in with and notification settings. We may expand the use of cookies and saved data as we add new features to our website or new products or services. We may use technologies such as web beacons and single-pixel GIFS to track and log data for marketing purposes like email open rates.

We also may use third-party analytic tools like Google Analytics that employ cookies to collect information about your use of our Services. You can disable cookies at any time by changing your browser or device settings. Further information about how to disable cookies check your Internet browser provider’s website via your help screen.

Advertisements: We may advertise our Services on other websites and social media sites. After clicking on one of these advertisements you become a user of our Services. Various advertising platforms such as Instagram, Facebook, Twitter, etc. may collect information for optimizing advertising campaigns outside of our website. If you do not want to receive personalized ads from third parties, you should exercise opt-out rights directly with those third parties. You can also opt-out through the Network Advertising Initiative (NAI) and Digital Advertising Alliance (DAA). Since there is no established industry compliance standard for “Do Not Track” (“DNT”) we currently do not respond to DNT signals in our Services; we operate as explained in this Privacy Policy.

WHERE YOUR INFORMATION IS PROCESSED We are based in the United States. No matter where you are located, by using this website or our Services you consent to processing and transfer of your information in and to the United States and other countries. Please understand that US laws and those of other countries governing data collection and use may differ from those of your location.

HOW WE USE YOUR PERSONAL DATA We use your Personal Data as explained in this Privacy Policy and our California Consumer Privacy Act Disclosure here. If you provide us with information for a specific reason we use the information for that reason. For example, if you email us a question regarding the Services, we use the information to email you an answer to your question. We may use the information collected to improve the quality of your user experience or provide your licensed dentist, orthodontist or other dental provider with information, services or products they may request. We may use the information to notify you about, market and promote improvements, issues or new Services or products based on your usage and interests. If we do this, any communication will contain instructions on how to “opt-out” of future marketing communications. If you ever want to stop receiving any marketing communication, or you wish to have your name deleted from our mailing lists, please email us at [email protected].

OUR LEGAL BASIS FOR HANDLING OF YOUR PERSONAL DATA Laws in some jurisdictions require us to explain the legal basis we rely on to use or disclose your Personal Data. To the extent those laws apply, our legal basis includes:

• Consent: We may handle your data based on your implied or express consent to do so. Where legally permitted or required we handle Personal Data based on your implied or express consent.
• Contractual obligations: To meet our contractual obligations to you or respond to your requests in anticipation of entering a contract for purchasing our Services. As an example, we may handle your Personal Data to create a subscription to our Services.
• Legitimate interests: We may handle your Personal Data on the basis that it furthers our legitimate interests in a manner that is not overridden by your fundamental rights and freedoms, such as:
• Providing you with a safe and enjoyable user experience;
• Customer service;
• Marketing, such as email announcing new features of our Services;
• Protecting you, our users, and our personnel and property;
• Analyzing and improving our Services by collecting data about how you use our Services so we may improve design and features;
• Processing job applications; or
• Manage and respond to legal issues.
• Legal compliance: If required to use or disclose Personal Data to comply with legal, regulatory or government requirements.
• To protect your vital interests: To share your data to help resolve an urgent medical or emergency situation.

DISCLOSURE OF YOUR INFORMATION

• We do not sell your information because we consider it a vital part of your relationship with us.
• Consent: If you provide us with consent to transfer your data we may do so.
• There may arise circumstances when we may share your data with third parties, such as in a Business Transfer. If we sell or buy a business or assets or corporation, merger, reorganization, bankruptcy, dissolution or similar business event, the related transfer of assets may include your Personal Data.
• Related Companies: We may share your information with our related companies, if any, consistent with this Privacy Policy.
• Developers: If we utilize contracted developers for our website or Services, they may have access to user data as part of their services. We would require any developers to limit use of Personal Data only to what necessary to provide their services to us.
• Related Third Parties: In the event we hire agents, consultants or other companies or individuals to perform services for us. For example, use of a third-party payment processor for purchases.
• Legal compliance: We may disclose your Personal Data if required by law or believe in good faith we are required to for compliance with a legal obligation, to protect our rights, property, and intellectual property, defend against legal liability, or protect Users’ or other’s personal safety, including fraud protection and credit risk reduction.
• Aggregated Data: We may share non-personally identifiable data (“Aggregated Data”) with third parties for our business purposes.
• To enforce our Terms of Use [Dimitri, need link address for Terms of Use if different]

UNSOLICITED INFORMATION You may voluntarily provide us with “Unsolicited Information” such as new product ideas or communicate with us without our request. By sending any Unsolicited Information you agree that it is non-confidential, and we may share, use, reproduce, disclose, and distribute it without limitation or attribution to you. You acknowledge that you bear sole responsibility and release us from all liability related to any Personal Data you willingly provided in any open or public forums to us, other Users, or the public. You also may provide information when you publish or displayed information on any public areas of our website, Services or our social media accounts or other third parties (“User Contributions”). Your Unsolicited Information and User Contributions are posted and transmitted at your own risk. Even if we may limit access to certain pages, you acknowledge and understand that security measures are not perfect or impenetrable. We cannot control the actions of other users of our Website or Services with whom you choose to share Unsolicited Information or User Contributions. Therefore, there is NO guarantee that your Unsolicited Information or User Contributions will not be viewed by unauthorized persons.

CHILDREN We only offer our Services to Users over 18 years of age. We do not intentionally or knowingly collect Personal Data from anyone under the age of 13. Of course, the parent or legal guardian of children under 18 may use our website and services on behalf of their children. If you are a parent or guardian of a child under 13 and believe they disclosed Personal Data to us, please contact us immediately at [email protected]. If you are a

resident of the European Economic Area (“EEA”) which requires consent to processing Personal Data, we will not knowingly process Personal Data for Users under the age of consent established by EEA data protection law. If we discover that we processed any Personal Data covered by these laws, we will cease such processing and take prompt reasonable measures to remove it from our records. If in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and any other applicable law with appropriate consent sought from the child’s parent or legal guardian where required.

LINKS Our Privacy Policy only applies to our website, blog and Services. Our website, blog posts, newsletters, social media posts and emails may contain links to third-party web sites that we do not operate or control. This Privacy Policy does NOT apply to any third-party website. Our link to any third-party websites does not imply endorsement or appropriateness for use of those sites. Use of any third-party site or service is solely at your own risk. We recommend you review the privacy policies of every third-party site before using.

DATA RETENTION In the event we retain any Personal Data we only do so for the period of time we believe required based on the purpose identified in our Privacy Policy. When we dispose of your Personal Data we may delete, anonymize, or use other appropriate methods. Based on reasonable business practices and system and data security purposes, Personal Data may continue to exist in system backup files for additional time.

SECURITY We use our best efforts to protect your Personal Data from loss, unauthorized access, disclosure, alteration, misuse, or destruction. You should understand that no internet or email transmission is fully secure or error free. Since any email you send to us may not be secure, consider carefully what Personal Data you send via email or the internet.

YOUR DATA RIGHTS We treat all users equally regardless of location. You may unsubscribe from emails by clicking the “unsubscribe” link, or edit your profile setting if applicable. You may cancel any Subscription at any time in accordance with our Terms of Service and applicable subscription agreement. You may opt out from cookie-related processing as explained in the “Cookies” explanation under “Data We Collect” above. If you are in EEA, Canada, Costa Rica, or other non-US jurisdiction, you may have legal rights to obtain confirmation of whether we hold your Personal Data, access your Personal Data (including in portable form), and to correct, update, amend or delete your Personal Data. You may have the right to object to our use or disclosure, request restrictions on processing, or withdraw your consent for us to use your Personal Data. These rights do not apply retroactively and may not affect our ability to continue processing data as those laws allow.

GDPR, California Online Privacy Protection Act, and other specific privacy laws.

While GDPR does not provide specific guidelines for Privacy Policies, this Privacy Policy was drafted to meet the requirements of GDPR. You can learn more about the GDPR here.

CalOPPA also requires websites to post a Privacy Policy. Personally Identifiable Information under CalOPPA corresponds to Personal Data as used in the Privacy Policy. You can learn more about CalOPPA here. As required by CalOPPA, we agree to the following:

• Users can visit our site anonymously.
• Once this Privacy Policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
• Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found in the footer of each website page.
• We notify you of any Privacy Policy changes on this Privacy Policy Page
• You can change your personal information by emailing or calling us or logging into your account.

California law also permits minors under 18 to request removal of their User Contributions, subject to statutory exceptions. If you are under 18 years of age and reside in California, please contact us in writing by email at [email protected] or Straight Teeth Solutions, Inc., Attn: Privacy, PO Box 1392, Palm City, FL 34991, with the subject “California Eraser Law Request” or by phone at 888-464-2376. We may not remove your User Contributions that we must retain under Federal or state law or that was provided by a third party. If you are a minor, we will do our best to remove your information upon your valid request. We cannot guaranty the complete or comprehensive removal of your User Contributions from our website or Services, or any information that has been republished, copied, downloaded, or reposted by any third party, and we cannot guarantee that any such information may not be accessible to users of the Internet in the future. We do not advertise or market any of our services or products identified in California Business and Professionals Code Section 22580(i) to users that we have actual knowledge are under 18 years of age.

California Consumer Privacy Act (CCPA) also provides additional options to remove your data when the collecting company meets certain minimum requirements. If you reside in California, you can see your CCPA policy here.

Fair Information Practices. Should a data breach occur we will notify you via email within 7 business days. We also agree to the Individual Redress Principle which provides that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

ACCESSING, CORRECTING OR REMOVING YOUR PERSONAL DATA. To submit a request to access, correct, update, amend or delete your Personal Data, please email us at [email protected] using “Personal Data Request” in the subject line and include an explanation of which Data right you are exercising. On receipt of your request, we verify your identity for your protection prior to initiating any action. Once verified, we begin processing your request and respond within 30 days. You have the right to request us to stop or limit use of your Personal Data if you believe we lack a lawful basis to use or believe it is inaccurate. If you are in the EEA, you have the right to opt-out of all Personal Data processing for direct marketing. To do so, please select “unsubscribe” in any marketing email or your Profile, if applicable. You may also email us at [email protected] with the subject line “Unsubscribe.” Applicable law may limit or provide exceptions to your rights and options related to your Personal Data. You also have the right to file a complaint to the relevant supervisory authority in your location. We hope you allow us the opportunity to address your concerns about Personal Data first.

PRIVACY POLICY CHANGES We may update or modify this Privacy Policy at any time without notice. We post any changes or modifications on this page. You should review this Privacy Policy before submitting any Personal Data and periodically to check for updates. The date listed at the top of this page is when we last updated our Privacy Policy. Your continued use of our website and Services after any update indicates your knowing consent to the terms of this Privacy Policy in effect on the date of your use.

CONTACTING US If you have any questions about this Privacy Policy or how we use your Personal Data, please contact us at [email protected] or send physical mail to us at: Straight Teeth Solutions, Inc., Attn: Privacy, PO Box 1392, Palm City, FL 34991.