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Privacy Policy

Revision date: 22,August, 2020.

Introduction

Novel Technologies Inc. is the owner of Smile by Design and https://www.letsgetyousmiling.com Everywhere in this document, we refer to Novel Technologies Inc. as Smile by Design.

This Policy is intended to provide you-our customer, clarity and comfort. It is provided in compliance with the Health Information Privacy Act. It describes how Smile by Design collects and uses your Personal information through our Website, through email, text, other electronic and written communications between you and Smile by Design.

Please review this Policy to understand how we obtain, treat, and protect your information. When you enter or otherwise interact with our website, you indicate your agreement to the terms and conditions of this Policy.

This Policy may be updated without notice. When you visit our website, you can review the Policy and the date of the last Policy update. When you continue to use or otherwise interact with our Website after an update is made, you accept the terms and conditions of the updated policy.

You can also find a copy of our Personal Health Information Protection Act (PHIPA) Notice of Privacy Practices, Here.

This Policy describes the types of information we may obtain from you or about you through our website: www.letsgetyousmiling.com or by way of materials and information sent to us by mail or courier service, or by email, by you or on your behalf.

Where information is obtained from you or about you through our website, the policy applies whether you arrived at the website directly or by way of an advertisement, link, or third-party website.

The policy applies to information and materials obtained from:

• you

• your legal guardian

• A medical professional authorized by you or your legal guardian, providing said information directly or by way of staff.

This policy also describes how we may use, maintain, and protect that information:

when you interact with our advertising, marketing, and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information we collect:

• Offline or,

• Through any other means, including on any other website operated by Smile by Design, through any third party website or application, including through any application or content (including advertising or marketing) that may link to or be accessible from or on the Website or in the Application.

Age of consent

The use of our Website is permitted only to persons 18 years of age or older. Information pertaining to a person who is under the age of 18 may be provided by a parent or legal guardian of that person. If we become aware of information provided to us by a person under the age of 18, without the authority of a parent or legal guardian, we will remove that information and block access to that person.

We provide our products and services only to persons who are at least 12 years of age. Persons who are under the age of 18 but at least 12 who wish to purchase our products or services should ask their parent or legal guardian to provide us with the required information and purchase the products and services on their behalf. If we become aware of purchases made by persons under the age of 18 without the consent of a parent or guardian, we will cancel that sale.

Type of Information that We Collect about you may include:

• Your name; home, shipping, and postal address; e-mail address; home and mobile telephone number; credit card, debit card, or other payment information (solely for payment purposes); date of birth; social security number/ social insurance number; your medical history, past or concurrent treatment, medical diagnoses, advice and other communications with your health care providers which may pertain to the products and services provided by us, 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 (“Personal Data”);

• The products and services you are interested in, on our Website, Our advertisements which you interacted with, the way you interact with our Website. Your IP address and other details pertaining to the equipment you use to access our Website.

We collect this information:

• From you, if you provide it to us.

• automatically as you move through our Website, and by use of cookies and other tracking technologies.

The Personal Data we collect from you is collected with your consent. We require that information to provide you with our products and services. We may require that information in order to communicate with your other health care providers so that we may determine and provide you the products and services that are suitable for you. When you provide us with your information, you indicate that you are consenting to us receiving that information and treating that information in accordance to this Policy. You may withdraw your consent at any time by sending us an email or written letter indicating your intention to do so. Where we require the information in order to provide you products and services which you wish to obtain, we may be unable to provide you with those goods and services. If you withdraw your consent to our maintaining of your information, we will retain only such information and only if we are required to maintain by law.

Information provided for public viewing

You may provide information which is published or displayed (hereinafter, “posted”) on public areas of our Website or social media venues on which we have control or transmitted to other users of the Website or third parties. Such information may included but is not limited to: before and after pictures, testimonials, endorsements, comments on social media. We will not sell that information to other parties and will not authorize the use of that information by others. However, we cannot restrict access to those postings and cannot be responsible for the unauthorized viewing or use of that information by others.

If you discuss, comment, refer to your treatment, process, experience, service, or relationship with us in a public area of our website, on our social media venues, or on third party public area whether it is on a no-names basis or on an identified bases, you authorize us to respond to said comment as to correct, clarify, or provide context to the comments provided.

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:

• details of your visits to 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

• information about your computer and internet connection, such as your IP address, operating system, and browser type.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data 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:

• you when you return to our Website or 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 Application.

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 Data considered sensitive when necessary to carry out our obligations to you.

Some Personal Data processed by Smile by Design may be considered sensitive, including Personal Data concerning your health. Smile by Design 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 Data for various purposes described below, including to:

• provide our Application and Website to you;

• provide you with information you request from us;

• enforce our rights arising from contracts;

• notify you about changes; and

• provide you with notices about your account.

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

• to present our Website and Application and their contents to you;

• to provide your licensed dental provider and you with information, products, or services that your provider or you request from us;

• to fulfill any other lawful purpose for which you provide it;

• to provide you with notices about your 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;

• in any other way we may describe when you provide the information; and

• for any other purpose with your consent.

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 an email to info@letsgetyousmiling.com. 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 Data for purposes other than those outlined in this Privacy Policy. We disclose your Personal Data to a few third parties, including:

• Your licensed dental provider;

• our subsidiaries and affiliates;

• our third-party service providers, subcontractors, and business associates we use to support our business;

• to any company we might merge with or acquire, or that buys us, or in the event of change in structure of our company of any form;

• to comply with our legal obligations;

• to enforce our rights; and

• with your consent.

We do not share, sell, or otherwise disclose your Personal Data 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 Data that we collect or that you provide as described in this privacy policy:

• to your dental care provider;

• to our subsidiaries and affiliates;

• to contractors, service providers, subcontractors, and business associates, and other third parties we use to support our business;

• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Smile by Design assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Smile by Design about our Website’s and Application’s users is among the assets transferred;

• to fulfill the purpose for which you provide it;

• for any other purpose disclosed by us when you provide the information; or

• with your consent.

We may also disclose your Personal Data:

• 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, Smile by Design, 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 Data 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.

addition, we strive to provide you with choices regarding the Personal Data 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 withdraw consent to such use, you can advise us by emailing us at info@letsgetyousmiling.com. 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 Smile by Design 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 Data

You may access and update your Personal Data at any time.

You can review and change your Personal Data by logging into the Website or Application and visiting your account profile page. You may also notify us by email at info@letsgetyousmiling.com of any changes or errors in any Personal Data 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.

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

• If you have provided informed consent, engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research;

• To enable solely internal uses that are reasonably aligned with your expectations your relationship with us; or

• Comply with a legal obligation.

Data Security

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

We have implemented measures designed to secure your Personal Data 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 Data, we cannot guarantee the security of your Personal Data transmitted to or from our Application or Website. Any transmission of Personal Data 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 Data, 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 bottom 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

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, you may contact us through the messaging portal located on your profile page of our website. You may also contact us by email at info@letsgetgyousmiling.com

Jurisdiction

Smile by Design is headquartered in the Province of Ontario, Canada. For the purpose of this agreement, all products and services purchased from Smile by Design shall be deemed to have been purchased in the Province on Ontario.

By consenting the policy, you are agreeing that the policy shall be interpreted in accordance with the laws of Canada and the Province of Ontario. In the event of a dispute or challenge to the terms and conditions of this policy, you agree that said challenge shall be brought forward only the Province of Ontario.

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