Smile Direct Club

Privacy Policy - HIPAA

Introduction

This Privacy Policy describes how SmileDirectClub, LLC collects and uses personal information about you through the use of our Website, mobile applications, and through email, text, and other electronic communications between you and SmileDirectClub. You can also find a copy of our Health Record Insurance Portability and Accountability Act (HIPAA”) Notice of Privacy Practices, here .

SmileDirectClub, LLC (“SmileDirectClub” or “we” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy.

 

This Privacy Policy (“Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website www.smiledirectclub.com (our “Website”) or use our SmileDirectClub mobile application (our “Application”) and our practices for collecting, using, maintaining, storing, protecting, and disclosing that information.

 

This policy applies to information we collect:

 

It does not apply to information we collect:

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you are not permitted to use our Website or Application. 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 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 will remove any information provided by a child under the age of 18 if we become aware of it. Parents and legal guardians are welcome to provide information on behalf of children under 18.

 

We may provide our goods and services to children 12 years of age or older, and parents or guardians of children 12 or older are welcome to use our Website and Application to order and use our goods and services on their children’s behalf, including by entering their children’s information on our Website or in our Application. However, our Website and Application are not intended to be directly used by children under 18 years of age. No one under age 18 may provide any information to or on the Website or in the Application. 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 at support@SmileDirectClub.com.

 

Information We Collect About You and How We Collect It

We collect different types of information about you, including 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. This includes information that we collect directly from you or through automated collection technologies.

 

Generally

We collect several types of personal information from and about users of our Application and Website, specifically information:

We collect this information:

 

Information You Provide to Us

The information and data we collect on or through our Website and Application are:

 

The personal information we collect from you is collected with your consent and required for us to provide you with our products and services and to facilitate communication between you and your licensed dental provider. You may withdraw your consent at any time by terminating your membership with us; however, we may no longer be able to provide you with our goods and services if you do.

 

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.

 

Information We Collect Through Automatic Data Collection Technologies

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:

 

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 receive from third parties. It helps us to improve our Website and Application and to deliver a better and more personalized service by enabling us to:

Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy.

 

Health Information

We may process some personal information considered sensitive when necessary to carry out our obligations to you.

 

Some personal information processed by SmileDirectClub may be considered sensitive, including personal information concerning your health. SmileDirectClub processes this information only to the extent necessary to carry out its obligations to your licensed dental care provider and you, and to provide your licensed dental provider and you with our goods and services.

 

How We Use Your Information

We use your personal information for various purposes described below, including to:

 

We use information that we collect or receive about you or that you provide to us, including any personal information:

 

We may also use your information to contact you through about and/or to promote and market our own goods and services that may be of interest to you. With your consent, we may also use your information to contact you through text and voice messages about and/or to promote and market these goods and services. If you wish to opt-out of such emails, you may do so by clicking the unsubscribe link in emails that we send you. You may also unsubscribe or change your choice regarding email, voice, and text communications by sending a written request to Customer Care C/O SmileDirectClub, LLC, 414 Union Street, 8th Floor, Nashville, TN 37219, or emailing us at support@smiledirectclub.com, or calling us at (800) 848-7566.The treatment you receive from your licensed dental provider is not conditioned on your consent to receive promotional and/or marketing communications.

 

Disclosure of Your Information

We do not share, sell, or otherwise disclose your personal information for purposes other than those outlined in this Privacy Policy. We disclose your personal information to a few third parties, including:

 

We do not share, sell, or otherwise disclose your personal information for purposes other than those outlined in this Privacy Policy. However, we may disclose without restriction aggregated information about our users and information that does not identify any individual. We may disclose personal information that we collect or that you provide as described in this privacy policy:

 

We may also disclose your personal information:

• 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

• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of you, your licensed provider and/or her/his staff, SmileDirectClub, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your personal information for third-parties to market or advertise to you, our marketing or advertising to you, and other targeted marketing and advertising.

 

We do not control the collection and use of your information collected by third parties. When possible, these organizations are under contractual obligations (including through the use of Business Associate Agreements) to maintain appropriate safeguards and protections, to use this data only for providing the services to us, and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

 

In addition, we strive to provide you with choices regarding the personal information you provide to us. We will only use your contact information to promote or market our own products and services through voice and text messages with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your personal information or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Website or Application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending a written request to Customer Care C/O SmileDirectClub, LLC, 414 Union Street, 8th Floor, Nashville, TN 37219, or emailing us at support@smiledirectclub.com, or calling us at (800) 848-7566. We may also use your contact information to promote or market our products and services through email. If we have sent you a marketing or promotional email, you may click the unsubscribe link to be omitted from future email distributions. This opt out does not apply to information provided to SmileDirectClub as a result of a product purchase, your membership, product service experience or other transactions. Your aligner therapy treatment is not conditioned on your consent to receive marketing or promotional communications.

 

Accessing and Updating Your Personal Information

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

 

You can review and change your personal information by logging into the Website or Application and visiting your account profile page. You may also notify us through the Contact Information (located in section 13 of this Privacy Policy) of any changes or errors in any personal information we have about you to ensure that it is complete, accurate, and as current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

 

Your California Privacy Rights

California Consumer Privacy Act (CCPA)

While this Privacy Policy comprehensively describes how SmileDirectClub and uses personal information about you, the CCPA provides some California residents the opportunity to exercise specific rights relating to data transparency, outlined below.

 

Right to Know

At your request, SmileDirectClub will inform you of the categories of personal information we collect about you and the purposes for which those categories of personal information are used for the 12-month period preceding your request, including the following:

 

Right to Delete

You also have the right to request that SmileDirectClub deletes any personal information about you that we have collected from you. SmileDirectClub will respond to a verifiable request from you to delete your data, except in circumstances where it is necessary for us to maintain your personal information in order to:

 

To submit a requests under your right to know and right to delete, you must email CCPA@smiledirectclub.com. You may also contact us by sending a written request to Customer Care C/O SmileDirectClub, LLC, 414 Union Street, 8th Floor, Nashville, TN 37219, or calling us at (800) 848-7566. From the time SmileDirectClub verifies the request, we will respond within 45 days, and if additional time is needed, we will communicate extensions with you.

 

Other Rights

You have the right not to be discriminated against for exercising any of the rights listed above.

SmileDirectClub does not disclose personal information to third parties for their own direct marketing purposes.

 

Under 18: California Eraser Law Request

If you use our Website or Application when you are under the age of 18, you may request that we remove your User Contributions under certain circumstances. We do not advertise or market any goods and services that are identified as being inappropriate for children under the age of 18.

 

California law permits minors under the age of 18 to request the removal of her/his User Contributions, subject to certain exceptions.

 

If you are under the age of 18 and living in California, you may contact us by sending a written request to Customer Care C/O SmileDirectClub, LLC, 414 Union Street, 8th Floor, Nashville, TN 37219, or emailing us at support@smiledirectclub.com, or calling us at (800) 848-7566 (if you contact us in writing, via email, please use the subject “California Eraser Law Request”). We may not remove your User Contributions that we are required to retain under any federal or state law, or that have been provided to a third party. While we will do our best to remove a minor’s information upon a valid request, we cannot ensure the complete or comprehensive removal of your User Contributions from our Website or Application, 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 the products or services identified in California Business and Professionals Code Section 22580(i) to users who we have actual knowledge are under 18 years of age.

 

Do Not Track Signals

We may use automated data collection technologies to track you across websites. 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 (behavioral 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 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 unauthorized access, use, alteration, and disclosure. All 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.

 

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. Although we do our best to protect your personal information, 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 our users’ personal information, we will provide notification through a notice on the Website’s or Application’s home page/screen. 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.

 

Contact Information

You may contact us through the contact information below. If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your personal information, or otherwise need to contact us, you may do so at: SmileDirectClub 414 Union Street 8th Floor Nashville, TN 37219, support@smiledirectclub.com, (800) 848-7566.