Privacy Policy

Angle Correct Pty Ltd, together with our holding company(ies), affiliates, and subsidiaries it has control of (“Company”, “We”, or “Our”) regard Security of your privacy as principle to our operations and this Privacy Policy (“Policy”) upholds that. We collect personal information when you visit Our Website www.smartsmileco.com and related sites (Website) and through any communication with you to provide clear teeth aligner products, associated products, and services (“Service”).

We comply with all laws, regulations and principles relating to the processing of personal data and to privacy applicable to the jurisdictions We operate, including but not limited to the Privacy Act 1988 (Cth) (“Privacy Act”), Australian Privacy Principles (“APPs”), the Data Protection Acts 2018 (“DPA”), the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the E-Privacy Directive 2002/58/EC and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as they may be supplemented, amended, revised or replaced from time to time (”Legislation”).

As per Legislation, applicable to the jurisdiction which data is collected, We are a controller in relation to personal data collected through use of the Service, and this Policy details what data is collected; how it is collected, used, disclosed, managed; and your how you may request to access it, or make a complaint. You may be a data subject, as defined in Legislation, or you may be a controller. When you are a controller in respect of the Personal Data of other data subjects, then you must comply with all your controller obligations under Legislation. When you are a controller, we and you act as independent controllers, unless agreed otherwise.

1. Data collected

We only collect and use personal information where we are legally entitled to do so and is limited to what is directly relevant to providing you Service. Data (“Data”) that may be collected could include the following:

  • To contact and identify you: first and last name; e-mail address; postal address; phone number(s); password.
  • To determine appropriateness of Services and conduct Services: date of birth; gender; medical and dental information including images.
  • To process payments: banking or credit card details.
  • To provide better services: correspondence between you and the Company; details of transactions; records of visits to our Website and the resources used;
  • Technical – device: visits to the Website including internet protocol (IP) address and login data; browser or client application information; language preference; operating system and application version; device type and ID; and device model and manufacturer; and other technology on the devices you use to access the Website or applications, or in relation to materials and communications we send to you electronically for system administration and to report aggregate information to our advertisers; and any other information relating to you which you may provide to us.
  • Technical – interaction: how you interact with the Website, including: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Site, the frequency of your use of the Site, error logs, and other similar information. Third-party analytics providers and technologies, including cookies and similar tools may be used to assist in collecting this information.

1. Cookies

Cookies are blocks of data created while you browse the Website and placed on your computer or other device. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our site.

We use the following cookies:

  • Functional cookies. These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly
  • Targeting cookies. These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
  • Performance cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
  • Strictly necessary cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you will not be able to access some or all parts of our site.

We use Google tracking cookies to understand if you complete certain actions on our Website after you have seen or clicked through one of our adverts served via Google. Based on the content you have engaged with on our Website, Google delivers some targeted advertisements across other Google partner websites. For more information, visit: https://support.google.com/ads/answer/2662922?hl=en

When you first access our websites, you will receive a clear notice advising you that the website you are visiting intends to use cookies. You can let us know what (if any) cookies you accept by either:

  1. Clicking the “Accept and Continue” button to accept all cookies.
  2. Going to the “Cookies Settings” link and choosing which types of cookies you wish to accept.
  3. Clicking the “X” on our cookies notice banner. No cookies other than Strictly Necessary Cookies (as defined below) will be placed on your browser if you choose this option.

1. Use of Data

To provide Service the Company has legitimate business interests in operating and improving its business and Services it offers. The Company therefore uses and processes your Data:

  • to help create content that is relevant;
  • to develop improvements to our Website for improvement in regards to Services, legal, regulatory and risk management purposes, including protection against fraud or insolvent customers;
  • to provide you with information, products or services that you request from us or which we feel may interest you;
  • to facilitate appointments, determine appropriateness of Services, make payment and other administrative processes related to your Services;
  • assess and help us understand general trends and patterns relating to our business;
  • manage general record keeping;
  • enable us to compile anonymous, aggregated statistics that allow us to understand how users use our websites and to help us improve the structure of our Website;
  • provide the products or services you request from us including providing personalised services; and
  • improve our products and services and to ensure our products and services are of interest to you. to determine appropriateness of entering into a contract with you;
  • for marketing and advertising purposes:
    • to develop improvements to our websites and social media pages and ensure that content on these is presented in the most effective manner for you
    • to personalise your interactions with us by informing you of products, programs, events, services, and promotions of the Company, our affiliates, our partners and/or third parties that we believe may be of interest to you, of which you may opt out of this service at any time;
    • to send emails and other communications that display content that we think will interest you and according to your preferences, of which you may opt out of this service at any time; and
    • to send you news and information about our Services, of which you may opt out of this service at any time;
  • to meet any legal and/or regulatory requirements, including:
    • prevention, detection, and to investigate security breaches, fraud, and other potentially illegal or prohibited activities;
    • enforcement of the legal terms that govern your use of the Services; and
    • to protect our rights or property; and
  • for any other purpose for which you have provided your consent.

In the situations set out below, we will only process your personal data when you have given us your specific consent and you have the right to withdraw your consent at any time (see Your rights below):

  • marketing and profiling purposes which are managed solely by the Company as data controller. Your decision to provide your data for such purposes is optional and will have no consequence on your ability to stay with us or benefit from the requested Services;
  • all purposes concerning Services requested, in relation to processing of the relevant personal data by another member of the Company which collects that data. Your decision to provide personal data (including special category/sensitive personal data) to us is voluntary, however, if you do not provide such personal data you may no longer be able to benefit from our Services.

We may process your personal data by both automated and manual means. We may use your personal data in other ways for which we provide specific notice at the time of collection.

Where We wish to use your Data in any other way, we shall notify you to first get your consent. You will be given the opportunity to withhold or withdraw your consent for the use of your Data for purposes other than those listed in this Policy.

You are obliged to immediately inform us about any changes to your relevant personal information that you are aware of as soon as possible.

You may change your interests in receiving direct marketing from us for any direct marketing electronic communication which you receive from us.

We collect personal information directly from you, however in some cases we may need to obtain additional information about you from third parties such as our partners, your health providers, or others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide.

4. Sharing

We do not sell, otherwise disclose, or share data we collect and hold about you, except as described in this Privacy Policy.

You provide your consent for the Company to provide the minimum necessary information to external parties, under non-disclosure and confidentiality agreements and protections where relevant, including:

  • other members of the Company, including our holding company(ies), affiliates, and subsidiaries , which may use this data to offer products and services to you consistent with the purposes identified in this Privacy Policy;
  • third party service providers who have been appointed as data processors to perform functions and services on our behalf and who will be provided only with personal data necessary to perform the services on our behalf but are not authorised by us to use such data for any other purposes (e.g. providers of services in respect of web hosting, payment processing, information technology systems, customer relationship management, marketing, auditing, administration);
  • to our advisors and insurers in the event of a claim, dispute or where otherwise necessary; professional advisors;
  • we reserve the right to transfer personal data about you in the event that we sell or transfer all or a portion of our business or assets, in accordance with applicable law. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use data you have provided to us in a manner that is consistent with this Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your data with any inquiries concerning the processing of that data; and
  • f we are required to do so by law or pursuant to legal process or to comply with any applicable rules or regulations, or in response to a legitimate request from a law enforcement authority or other government official, or similar as required to:
    • comply with any applicable law, regulation, legal process or governmental request;
    • to lessen or prevent a serious threat to life, health or safety;
    • to enforce applicable user agreements or policies;
    • to protect the security or integrity of our Services; or
    • to protect us, our users or the public from harm or illegal activities;

4. Your rights

We will only send you marketing communications if you “opted in” to receiving such communications. You have the right to “opt out” of receiving marketing communications, whether by email or otherwise, at any time. You can do this by (i) clicking the unsubscribe link displayed in any of the marketing e-mails you receive, (ii) emailing support@smartsmileco.com to indicate you no longer wish to receive marketing communications, or (iii) writing to us at the relevant address set out in How to contact us below.

If you are a “data subject” under applicable data protection law in the EU or United Kingdom, you will have the following rights in relation to personal data that we hold about you:

  • Right to Access – to request confirmation of whether we process personal data relating to you, and if so, to request a copy of that personal data;
  • Right to Rectification – to request that we rectify or update any personal data that is inaccurate, incomplete or outdated;
  • Right to Erasure – to request that we erase your personal data in certain circumstances, such as where we collected personal data on the basis of your consent and you withdraw your consent;
  • Right to Restriction of Processing – to request that we restrict the use of your personal data in certain circumstances, such as while we consider another request that you have submitted, for example a request that we update your personal data;
  • Right to Withdraw Consent – where you have given us consent to process your personal data, to withdraw your consent;
  • Right to Data Portability – to request that we provide a copy of your personal data to you in a structured, commonly used and machine readable format in certain circumstances.
  • Right to Erasure – to request us to erase your Personal Data; and
  • Right to Complain – if you believe we have not handled your Personal Data in accordance with Data Protection Legislation.

To exercise your rights as set out above or submit an inquiry about our privacy practices, please contact the SmartSmileCo Data Protection Officer by (i) email at support@smartsmileco.com, or (ii) writing to us at the relevant address set out in How to contact us below.

To help protect your privacy and maintain security, we may take steps to verify your identity before we can action your request.

6. Data transfers

We may transfer to, and store the data we collect about you in, countries other than the country in which the data was originally collected, including Australia or other destinations outside the European Economic Area (“EEA”) and the United Kingdom. Those countries may not have the same data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA and outside the United Kingdom.

If you are located in the EEA or the United Kingdom, we will only transfer your personal data if:

  • the country to which the personal data will be transferred has been granted a European Commission adequacy decision; or
  • we have put in place appropriate safeguards in respect of the transfer, for example we have entered into EU standard contractual clauses and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by an EU or UK supervisory authority.

You may request more information about the safeguards that we have put in place in respect of transfers of personal data by contacting us as described in How to contact us below.

7. Children

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

8. Data protection

We maintain administrative, technical and physical safeguards designed to protect the personal data you provide against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. Service providers and contractors who might have access to your data to provide services on our behalf will be contractually obliged to keep such data in confidence, provide adequate data security measures, and may not use that data for any other purpose.

For your own protection, we encourage you not to include sensitive personal data, credit card or similar personal data in any e-mails you send the Company.

9. Retention of personal data

The Company only retains your personal data for as long as needed to fulfil the purposes for which it is collected, unless we are required or permitted by law to keep the personal data for longer.

Where the Company is no longer required to retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies, personal data will be anonymised or deleted if your last interaction with the Company was over 7 years ago. An interaction includes visiting the Website or opening marketing communications from the Company.

10. Links to other websites

Our websites may provide links to other websites for your convenience and information. These websites operate independently from us. Linked websites may have their own privacy policies, which we strongly suggest you review. To the extent that any linked websites you visit are not owned or controlled by us, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.

11. Updates to our privacy policy

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our processing of your personal data and privacy practices. We will post a prominent notice on each of the Company’s websites to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.

12. How to contact us

If you have any questions or comments about this Privacy Policy, the use of cookies, if you would like us to update personal data we have about you or your preferences, or to exercise Your rights (as detailed above), please email our Angle Correct Data Protection Officer at support@smartsmileco.com or write to us at:

SmartSmileCo Data Protection Officer
PO Box 4057
North Curl Curl NSW 2099
Australia

From 1 January 2021, the Company has an appointed Representative for data protection matters in the EU, as required under European data protection legislation. If you reside in the EU, you can also contact us by writing our EU Representative (and/or emailing the SmartSmileCo Group Data Protection Officer at support@smartsmileco.com):

SmartSmileCo EU Representative
Fairway House
Links Business Park, Fortran Road
St Mellons CF3 0LT
Cardiff
United Kingdom