Privacy Policy

WE AT UPSMILES VALUE YOUR PRIVACY AND ARE COMMITTED TO KEEPING YOUR PERSONAL DATA CONFIDENTIAL. THE UPSMILES WEBSITE (THE “WEBSITE”) PROVIDES YOU WITH INFORMATION ABOUT OUR DENTAL ALIGNER AND TEETH WHITENING SERVICES AND ALLOWS YOU TO REQUEST ADDITIONAL INFORMATION ABOUT OUR SERVICES.

THIS PRIVACY POLICY APPLIES TO PERSONAL DATAUPSMILES COLLECTS FROM VISITORS AND USERS OF THE UPSMILES WEBSITE.“PERSONAL DATA” INCLUDES ANY INFORMATION THAT CAN BE USED ON ITS OWN OR WITH OTHER INFORMATION IN COMBINATION TO IDENTIFY OR CONTACT ONE OF OUR USERS.

BY SUBMITTING YOUR PERSONAL DATATHROUGH THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT SUBMIT ANY PERSONAL DATA TO US.

PLEASE NOTE THAT WE OCCASIONALLY UPDATE THIS PRIVACY POLICY AND THAT IT IS YOUR RESPONSIBILITY TO STAY UP TO DATE WITH ANY AMENDED VERSIONS. IF WE MODIFY THE PRIVACY POLICY, WE WILL POST A LINK TO THE MODIFIED TERMS ON OURWEBSITE. YOU CAN STORE THIS POLICY AND/OR ANY AMENDED VERSION(S) DIGITALLY, PRINT IT, OR SAVE IT IN ANY OTHER WAY. ANY CHANGES TO THIS PRIVACY POLICY WILL BE EFFECTIVE IMMEDIATELY UPON PROVIDING NOTICE, AND SHALL APPLY TO ALL INFORMATION WE MAINTAIN, USE, AND DISCLOSE. IF YOU CONTINUE TO USE THE PORTAL FOLLOWING SUCH NOTICE, YOU ARE AGREEING TO THOSE CHANGES.

In case you have any questions or concerns after reading this Privacy Policy, please do not hesitate to contact us at support@upsmiles.com. We appreciate your feedback. If you do not agree or no longer agree to the processing of personal information as described in this Privacy Policy, you can notify us by email atsupport@upsmiles.com.

Responsible Entity

UpSmiles(“We”, “Us”, “the Company”) is the controller of your Personal Data and may process this data in accordance with the Privacy Policy. If we are processing Personal Data on behalf of a third party that is not an agent or affiliate of Company, the terms of this Privacy Policy do not apply—instead, the terms of that third party’s privacy policy will apply. You can contact Us with any questions about our Privacy Policy atsupport@upsmiles.com.

Third Party Services

Our Website may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). UpSmiles only collects limited Personal Data through its Website.  Upsmiles connects you with a Third-party Service to provide you with a customer portal and where additional Personal Data is collected, including health related information and billing information, to provide you with additional services.  The information collected through such Third-party Service is governed by the Privacy Policy for the customer portal Third-party Service, including what Personal Data is collected through such Third-party Service and how the Personal Data is used and secured.

Even if done on our behalf, any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. While we are not responsible for the content, privacy or security practices and policies of any Third-party Service, we only use Third-party Services that use the appropriate degree of care in protecting your Personal Information and only use and disclose your Personal Data for valid and legal purposes. To protect your information, we recommend that you carefully review the privacy policies of all Third-party Services that you access.

What Personal Data do we collect?

We collect the following types of Personal Data through our Website:

Demographic Data

We collect demographic information, such as your name, e­mail address, and physical address. Primarily, the collection of your Personal Data assists us in sending you information about our services and products.

Support Data

If you contact UpSmiles for support or to lodge a complaint, We may collect technical or other information from you through log files and other technologies, some of which may qualify as Personal Data. (e.g., IP address). Such information will be used for the purposes of troubleshooting, customer support, software updates, and improvement of the Website and related services in accordance with this Privacy Policy.

Device, Telephone, and ISP Data

We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain Personal Data, from Your computer as you navigate our Website, or interact with emails We have sent You. The information we collect may include your Internet Protocol (IP) address (or proxy server), location, browser type, Internet service provider, the pages and files you viewed on our Website, Your operating system and system configuration information, and date/time stamps associated with Your usage. This information is used to analyze overall trends, to help us provide and improve our Website and to guarantee their security and continued proper functioning.

How will We use Your Personal Data?

We process your Personal Data for purposes based on legitimate business interests, the fulfillment of our Services to You, compliance with Our legal obligations, and/or Your consent. We only use or disclose Your Personal Data when it is legally mandated or where it is necessary to fulfill the purposes described herein. Where required by law, we will ask for your prior consent before doing so.

Where is your Personal Data processed?

Personal Data UpSmiles collects through the Website will be stored on secure servers in the United States. Personal Data may be transmitted to third parties, which parties may store or maintain the data on their secure servers.

Will We share your Personal Data with anyone else?

Yes, with Third-party Services that will provide you with services, including any third-party customer portal provider

UpSmiles connects you with various Third-party Services in order for you to be able to request certain dental healthcare services.  We will share the limited Personal Data you have provided with those Third-party Services in order for you to receive their services.

Yes, with third parties that help us power our Website

UpSmiles has a limited number of service providers and other third parties (“Business Partners”) that help us run various aspects of our business. These Business Partners are contractually bound to protect your Personal Data and to use it only for the limited purpose(s) for which it is shared. Business Partners’ use of Personal Data may include, but is not limited to, the provision of services such as data hosting, IT services, customer service, and payment processing.

Yes, with third parties and the government when legal or enforcement issues arise

We may share your Personal Data, if reasonable and necessary, to (i) comply with legal processes or enforceable governmental requests, or as otherwise required by law; (ii) cooperate with third parties in investigating acts in violation of this Agreement; or (iii) bring legal action against someone who may be violating the Terms of Use or who may be causing intentional or unintentional injury or interference to the rights or property of UpSmiles or any third party, including other users.

Yes, with third parties that provide advisory services

We may share your Personal Data with Our lawyers, auditors, accountants, or banks, when we have a legitimate business interest in doing so.

Yes, with third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of UpSmiles’s corporate entity, assets, or stock (including in connection with any bankruptcy or similar proceedings)

If We share Your Personal Data with a third party other than as provided above, You will be notified at the time of data collection or transfer, and You will have the option of not permitting the transfer.

How long do We retain Personal Data?

We will retain your Personal Data for as long as necessary to fulfill the purpose for which it was collected, unless otherwise required or necessary pursuant to a legitimate business purpose outlined in this Privacy Policy. At the end of the applicable retention period, We will remove your Personal Data from our databases and will request that our Business Partners remove your Personal Data from their databases. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing of such data. We retain anonymized data indefinitely.

NOTE: Once we disclose your Personal Data to third parties, we may not be able to access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. Written requests for deletion of Personal Data other than as described should be directed tosupport@upsmiles.com.

What is Our Cookie Policy?

Cookies are small data files that a web server sends to your computer or device when you visit a web site that uses cookies to keep track of your activity on that site.  If you leave and then return to the previously visited web site (and your browser has cookies enabled), the web browser sends the small file to the web server, which tells it what activity you engaged in the last time you used the site, and the server can use the cookie to do things like retrieving user data and keeping your browser session secure.

We use cookies and other technologies to, among other things, better serve you with more tailored information, and to facilitate efficient access to the Website. We only use essential cookies. Essential cookies are those necessary for use to provide services to you.  Without these essential cookies, we may not be able to provide certain features of the Website to you.

We may also collect information using pixel tags, web beacons, clear GIFs or other similar technologies. These may be used in connection with some Website pages and HTML-­formatted email messages to, among other things, track the actions of Website users and email recipients, and compile statistics about Website usage and response rates.

How can You “Opt Out” of Cookies?

If you prefer, you can usually choose to set your browser to remove cookies and reject cookies. If you enable a do not track (DNT) signal or otherwise configure your browser to prevent UpSmiles from collecting cookies, you may not be able to utilize all of the functionality on the Website.

How do We protect Your Personal Data?

UpSmiles is committed to protecting the security and confidentiality of your Personal Data. We use a combination of reasonable physical, technical, and administrative security controls to maintain the security and integrity of your Personal Data, to protect against any anticipated threats or hazards to the security or integrity of such information, and to protect against unauthorized access to or use of such information in our possession or control that could result in substantial harm or inconvenience to you. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure. As a result, we cannot ensure the security of information you transmit to us. By using the Portal, you are assuming this risk.

If UpSmiles learns of a security concern, We may attempt to notify You and provide information on protective steps, if available, through the e­mail address that You have provided to Us. Depending on where You live, You may have a legal right to receive such notices in writing.

NOTWITHSTANDING ANY OF THE STEPS TAKEN BY US, IT IS NOT POSSIBLE TO GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMITTED OVER THE INTERNET. THERE IS NO GUARANTEE THAT YOUR PERSONAL DATA WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR ADMINISTRATIVE SAFEGUARDS. THEREFORE, WE DO NOT AND CANNOT ENSURE OR WARRANT THE SECURITY OR INTEGRITY OF ANY PERSONAL DATA YOU TRANSMIT TO US AND YOU TRANSMIT SUCH PERSONAL DATA AT YOUR OWN RISK.

How can You Protect Your Personal Data?

We will NEVER send you an e­mail requesting confidential information such as account numbers, usernames, passwords, or social security numbers, and You should NEVER respond to any e­mail requesting such information. If You receive such an e­mail purportedly from UpSmiles, DO NOT RESPOND to the e­mail and DO NOT click on any links and/or open any attachments in the e­mail, and notify UpSmiles support at support@upsmiles.com.

Your rights

You have certain rights relating to your Personal Data, subject to local data protection laws. These rights may include:

  • to access your Personal Data held by us
  • to erase/delete your Personal Data, to the extent permitted by applicable data protection laws
  • to receive communications related to the processing of your personal data that are concise, transparent, intelligible and easily accessible;
  • to restrict the processing of your Personal Data to the extent permitted by law (while we verify or investigate your concerns with this information, for example);
  • to object to the further processing of your Personal Data, including the right to object to marketing;
  • to request that your Personal Data be transferred to a third party, if possible;
  • to receive your Personal Data in a structured, commonly used and machine-readable format
  • to lodge a complaint with a supervisory authority
  • to rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete
  • to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making");and

Where the processing of Your Personal Data by UpSmiles is based on consent, You have the right to withdraw that consent without detriment at any time or to exercise any of the rights listed above by emailing UpSmiles at support@upsmiles.com.

How can You update, correct, or delete Personal Data?

You can change your e­mail address and other contact information by emailing UpSmiles atsupport@upsmiles.com. Although We will use reasonable efforts to do so, You understand that it may not be technologically possible to remove from our systems every record of your Personal Data. The need to back up our systems to protect information from inadvertent loss means a copy of your Personal Data may exist in a non­erasable form that will be difficult or impossible for us to locate or remove.

Information submission by minors

We do not knowingly collect Personal Data from individuals under the age of 18 and the Website is not directed to individuals under the age of 13. We request that these individuals not provide Personal Data to Us. If we learn that Personal Data from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you are aware of a user under the age of 13 using the Website, please contact us at support@upsmiles.com.

If You are a resident of California, under the age of 18 and have registered for an account with Us, You may ask Us to remove content or information that You have provided via our Website.

California Residents

California residents may request and obtain from Us, once a year, free of charge, a list of third parties, if any, to which We disclosed their Personal Data for direct marketing purposes during the preceding calendar year and the categories of Personal Data shared with those third parties. If You are a California resident and wish to obtain that information, please submit Your request by sending Us an email at support@upsmiles.comwith “California Privacy Rights” in the subject line.

Contact Us

If You have any questions about this Privacy Policy, please contact Us by email at support@upsmiles.com. Please note that email communications are not always secure; so please do not include sensitive information in your emails to Us.