SmAIle Shot Application

Terms of Service

OrthodontIA Vision Inc. is pleased to offer you the SmAIle shot application which provides you with initial insights about your dental occlusion situation and possible treatment plans depending on the results of the Artificial Intelligence algorithm and your age.

THESE TERMS AND CONDITIONS OF USE (THIS “AGREEMENT”) GOVERN YOUR USE OF THE SMAILE APPLICATION, YOUR SUBSCRIIPTION AND ACCESS TO THE SMAILE APPLICATION (AS SET BELOW) AND ANY INFORMATION, TEXT, GRAPHICS, PHOTOS OR OTHER MATERIALS UPLOADED, DOWNLOADED OR APPEARING ON THE SMAILE APPLICATION. BY CLICKING ON THE BOX, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT DO NOT CLICK ON THE BOX.

In order to access our services, you will need to create an account through the SmAIle application. Creating an account does not create a provider-client relationship, diagnostic, treating or otherwise any therapeutic professional relationship with us. Use of our services is entirely voluntary, and readily available for you. For professional consultations, you should consult with a specialist in the field.

Disclaimer

The results and treatments recommendations provided to you by the SmAIle shot algorithm are for information and insights only. They do not in any way replace the advice, medical opinion and diagnosis of a specialist. Moreover, the orthodontic examination usually involves taking x-rays images as well as clinical evaluation which are not part of the SmAIle application. The results may in addition be impacted by the quality of the photos taken and the conditions in which they were taken.

  1. Description of the services

  1. Services. OrthodontIA Vision Inc. provides you with the SmAIle application which gives you initial insights about your dental occlusion situation and possible treatment plans. This is done through an Artificial Intelligence algorithm running in the cloud (i.e. in a third party hosted server) that processes the photos or images you upload through the SmAIle application.
  2. Register. To access the SmAIle application, you will need to register by creating a User Account and will need to provide your name, contact information and a password that you select. We use your personal information to identify who you are, communicate with you, and also give you the insights that the SmAIle application provides. By consenting to use the SmAIle application, you consent to these inherent material risks. By providing any of your personal information through the SmAIle application, you are consenting to the collection, use and disclosure of your personal information for the purposes of providing you representative insights about your dental health and also direct you eventually to specialists in the field. You agree the information you provide is true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, nor current or incomplete, OrthodontIA Vision Inc. has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, OrthodontIA Vision Inc. reserves the right to suspend or terminate your Account and refuse any and all current or future use of the SmAIle application. You shall at all times remain responsible for maintaining the confidentiality of your Account password and any other security information related to your Account. OrthodontIA Vision Inc. will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge. Your personal information will be disclosed as may be required by law or as outlined in our Privacy Policy. Your personal data will be digitally stored by third party servers that can be physically located anywhere. Your data will be sent through available secure protocols. The third-party server providers have also in place security measures to protect your stored data. You acknowledge however that by using the SmAIle application that there are inherent risks to any technology, however remote, that could cause security protocols to fail or to be breached, which could result in the unauthorized collection, use or disclosure of your personal information. OrthodontIA Vision Inc. will notify you to the extent required by the law of any security protocol failure or breach that has resulted in the unauthorized collection, use or disclosure of your personal information. We will not be responsible for any damages you or any third party may suffer as a result of the transmission or confidential information that you make available to us through the Internet, or that you expressly or implicitly authorise us to make, or for any errors or any changes made to any transmitted information.

Users may register individuals for whom they have the legal right to make healthcare decisions (“Registered Dependents”) and use the SmAIle application on their behalf. Users are required to create a separate Account through the SmAIle application for each Registered Dependent. Where you are using the SmAIle application on behalf of Registered Dependents, the terms “you” and “your” in these Terms include those Registered Dependents.

  1. Eligibility. In order to create an account to use the SmAIle application, you must:
  1. Quality and Continuous Improvement. If you access and use the SmAIle application, your personal information may be used to improve the quality of the services provided by the application. Your de-identified personal information may be used for aggregate data to train and improve the Artificial Intelligence algorithm used by the SmAIle application.

  1. Your Data

2.1 Your Data. In the course of using the Services, you may provide certain information, data and material through the Services (the “Your Data”). You agree that Your Data will:

a) comply with all applicable laws;

b) Not contain infringing, obscene, threatening, libelous, or other illegal material and does not violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

c) Not include material containing software viruses, worms, Trojan horses or other harmful computer codes, files, scripts or programs designed to interrupt, destroy or limit the functionality of any computer software.

2.2 Ownership. You acknowledge that you own Your Data and all intellectual property rights therein, or that you have the right to grant the license to OrthodontIA Vision Inc. to use Your Data. You will have sole responsibility for the accuracy, quality, integrity, reliability, appropriateness, and intellectual property ownership of Your Data and for obtaining the right to use all of Your Data.

2.3 Security of Personal Information. We understand that data security is a critical issue for our clients, and we are committed to safeguarding the personal information in our custody and under our control. Our privacy practices are intended to comply with applicable privacy laws. For more information, please view OrthodontIA Vision Inc.’s Privacy Policy. This Privacy Policy may be updated periodically to reflect changes to our personal information practices. The revised Privacy Policy will be posted through the SmAIle application. Please check our Privacy Policy regularly.

2.4 De-Identified Information. All de-identified aggregate data, metadata, and research data collected by us through your use of the SmAIle application remains the sole property of OrthodontIA Vision Inc. Research data is used in non-identifiable aggregate form. OrthodontIA Vision Inc. may share some or all of this research data with third parties in connection with joint or outside research, analytics or similar purposes. You shall not request OrthodontIA Vision Inc. to remove or delete any of such data.

2.5 Limitation on Deletion. You may request deletion of your personal information by us, but please note that we may be required by law or otherwise, to keep this information and not delete it or to keep this information for a specific time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete personal information, it will be deleted from the active database, including from our archives, though we may also retain Anonymous Information about your use of the SmAIle application. Once we disclose some of your personal information to third parties, we may not be able to access that personal information any longer as maintained by the third party and cannot force the deletion or modification of any such information.

  1. Your responsibilities

3.1 Account. You are responsible for all of the activity associated with your account and for maintaining the confidentiality and security of your username and password. You agree to notify OrthodontIA Vision Inc. immediately in the event of any unauthorized use of your account and password or if you suspect your account or password has been compromised in any way. You agree not to misrepresent yourself in order to gain access to the services of the SmAIle application.

3.2 Applicable laws. You must abide by all applicable laws and all relevant treaties and directives in your use of the SmAIle application.

3.3 Limiting Access. You will not permit persons other than you, or if you are the parent or legal guardian of a dependent minor on whose behalf you have opened a user account, to access the SmAIle application. You acknowledge that dependent minor may only sue the SmAIle application if you are aware of or present during such use. You represent that you are not a competitor of OrthodontIA Vision Inc. and agree that you will not knowingly allow competitors of OrthodontIA Vision Inc. to access the SmAIle application.

3.4 Electronic Communication. By using the SmAIle application, you agree to receive SMS messages, emails and push notifications relating to the SmAIle application. You warrant that you are the owner of the mobile telephone or smart device to which you have requested the SMS messages, emails and push notifications be sent and that you have the authority to authorize such related charges and that you will be solely responsible for all costs, if any, incurred by the relevant mobile telephone network provider.

3.5 No Responsibility. OrthodontIA Vision Inc. accepts no responsibility and will not be held liable for any delays, performance issues, stoppages, outages, or other similar events relating to the SmAIle application, including without limitation, delays or failure of receipt of any SMS messages, emails, or push notifications attributable to your mobile telephone network provider and processing by your mobile phone device.

  1. Third Parties

4.1 Third Party Links. The SmAIle application may contain hyperlinks to websites managed by third parties. These links are provided for convenience only. OrthodontIA Vision Inc. has no control over websites owned by third parties and we make no representation or warranty regarding, nor endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked-party sources (including any viruses access through them), the quality of the products or services offered, the security of performing transactions on those websites, or the privacy policies on the websites in question. Links do not imply that OrthodontIA Vision Inc. sponsors, endorses, is affiliated, or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed on or accessible through the links or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of OrthodontIA Vision Inc. We cannot be held liable for possible damages arising from your use of such third-party sites.

  1. App Store

5.1 App Store. When you download the application, you may do s through a third party’s App Store (an “App Store Sourced Application”) such as Google Play or the Apple App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the SmAIle application, including the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the SmAIle application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the SmAIle application. The following applies to any App Store Sourced Application:

- Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.

- You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price of the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between OrthodontIA Vision Inc. and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of OrthodontIA Vision Inc..

- You and we acknowledge that, as between OrthodontIA Vision Inc. and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

- You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between OrthodontIA Vision Inc. and the App Store Owner, OrthodontIA Vision Inc., not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

- Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

5.2 Additional Terms and Conditions (Apple). the following terms apply to the iOS version of the SmAIle application:

- Acknowledgement: This agreement is between you and OrthodontIA Vision Inc. only, and not with Apple. Apple is not responsible for the App’s content.

- Scope of license: Your license to the SmAIle application is limited to a non-transferable license to use the SmAIle application: (a) on an iOS Product that you own or control, and (b) as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

- Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the SmAIle application.

- Warranty: If the SmAIle application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.

- Product Claims: You must notify OrthodontIA Vision Inc. if you have any claims or if you are aware of any third-party claims relating to the application or your possession or use of the application, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple has no responsibility to address any such claims. The limitations on OrthodontIA Vision Inc.’s liability under this agreement are subject to what is permitted by applicable law.

- Intellectual Property Rights: If any third-party claims that the application or your possession and use of the application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.

- Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement’s terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.

  1. Ownership

6.1 Ownership of Software. OrthodontIA Vision Inc. and its licensors own all right, title and interest in and to the SmAIle application, including, without limitation, all copyrights, trade secrets, patents, industrial designs and other intellectual property rights. Upon termination of this Agreement unless otherwise provided herein, all of your rights in connection with the SmAIle application and the content, including but not limited to the right to access and use the SmAIle application and the content, will terminate.

6.2 Trademarks. Except as expressly authorized herein, the trademarks, logos and company names of OrthodontIA Vision Inc. or any of tis affiliates and licensors used as part of the SmAIle application and content, may not be copied, imitated or used in whole or in part, without the prior written consent of OrthodontIA Vision Inc. or any such affiliate or licensor. Other products, services logos and company names mentioned as part of the SmAIle application and its content, may be the trademarks of their respective owners.

6.3 Suggestions. Your suggestions of new features, functionality, or performance, including, without limitation, any improvements on the existing features, functionality, or performance, for the SmAIle application, whether or not they are subsequently incorporated into the SmAIle application by OrthodontIA Vision Inc. and/or its suppliers or licensors, shall be the sole and exclusive property of OrthodontIA Vision Inc. and/or its applicable supplier or licensor, and you hereby assign and agree to assign any intellectual property rights that may subsist therein to OrthodontIA Vision Inc.. You agree to promptly execute within thirty (30) days of receipt any assignment documents that confirm or transfer to OrthodontIA Vision Inc. and/or its suppliers or licensors any intellectual property right that is the exclusive right of OrthodontIA Vision Inc. under this Agreement. You agree to waive any and all claims to any moral rights that you may now or hereinafter have in any jurisdiction with respect to any copyright protected Work that is the exclusive right or OrthodontIA Vision Inc. and/or its suppliers or licensors pursuant to this Agreement.

  1. Warranties

7.1 Content. THE CONTENT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ORTHODONTIA VISION INC. MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ANY ASSESSMENT OR REPORT PROVIDED BY US TO YOU) OR INFORMATION ACCESSIBLE WHILE USING THE SMAILE APPLICATION, OR THE RELIABILITY OF ANY ADVICE, OPINION, TREATEMENT, MEDICATION OR STATEMENT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OF THE FOREGOING AND YOUR USE OF THE SMAILE APPLICATION AND THE CONTENT WILL BE AT YOUR SOLE RISK. ORTHODONTIA VISION INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PART OF THE SMAILE APPLICATION OR IN ANY PORTION OF THE CONTENT. ORTHODONTIA VISION INC. MAY MAKE ANY OTHER CHANGES TO THE SMAILE APPLICATION AND THE CONTENT AT ANY TIME WITHOUT NOTICE.

7.2 Warranty Disclaimer. EXCEPT FOR THE WARRANTIES IN THIS SECTION 7, THE SMAILE APPLICATION AND ITS CONTENT ARE PROVIDED “AS IS” AND ORTHODONTIA VISION INC. AND ITS LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRAINTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORTHODONTIA VISION INC. DOES NOT WARRANT THAT THE SMAILE APPLICATION AND ITS CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE SMAILE APPLICATION AND ITS CONTENT WILL BE FREE FROM ERRORS OR FUNCTION WITHOUT INTERRUPTION, THAT ANY STORED DATA OR CONTENT WILL BE ACCURATE OR RELIABLE NOR THAT ANY OF YOUR DATA CAN BE RESTORED FROM ANY PARTICULAR BACKUP PROCEDURE. ORTHODONTIA VISION INC. DOES NOT WARRANT THAT USE OF THE SMAILE APPLICATION WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT OR RESULTS.

  1. Limitation of liability

8.1 IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERCIE.

8.2 To the extent permitted by applicable law, OrthodontIA Vision Inc. will not be liable for the deletion of, correction to, destruction of, damage to, loss of or failure to store your data.

9 – Indemnification

9.1 Indemnification by you. You will indemnify, defend and hold OrthodontIA Vision Inc. harmless from any claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable costs and expenses related thereto including legal fees, directly or indirectly resulting from (a) any allegation that you have engaged in conduct, which if true would breach your warranties or obligations under this Agreement; (b) any allegation that your data infringes the proprietary Rights of any third party; (c) Your negligent or willful misconduct; and (d) any violation by you of any privacy laws, regulations and directives relating to the collection, use or disclosure of any personal information provided to OrthodontIA Vision Inc. hereunder. We reserve the right to participate in the defence of any such claim and to be represented by counsel of our choice.

10-Term and termination

10.1 Term. These Terms of Use will commence on the day you first use the SmAIle application and will continue in force until terminated by either party as described below (the “Term”). Either party may terminate these Terms of Use as follows: (1) OrthodontIA Vision Inc. may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the SmAIle application; and (2) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the SmAIle application) that your User Account be deleted or deactivated, ceasing use of the SmAIle application and uninstalling and removing all local software components thereof from your systems.

We are not liable to you or any other party for any termination of your User Account or access to the SmAIle application. Termination of your User Account will not modify, change or void any payment obligations you may have incurred through your use of the SmAIle application, whether such obligations to us, a Counsellor or a third party.

We reserve the right (but have no obligation under these Terms of Use) to investigate and take appropriate action, including legal action, in our sole discretion against you if you violate any Terms of Use, including suspending or terminating your User Account and reporting you to law enforcement authorities.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the SmAIle application. You waive and hold harmless OrthodontIA Vision Inc. from any claims resulting from any actions taken by us during or as a result of its investigations and from any actions taken as a consequence of investigations by either OrthodontIA Vision Inc. or law enforcement authorities.

10.2 Termination Upon Default. The non-breaching party may terminate this Agreement in the event that the other party materially defaults in performing any obligation under this Agreement and such default continues and is not remedied for a period of five (5) days following written notice of default.

10.3 Effect of Termination. Upon termination of this Agreement for any reason, your access to the SmAIle application will end immediately and your account will be disabled. For a period of thirty (30) days following termination of this Agreement for any reason, OrthodontIA Vision Inc. will make available to you a file of your data if you so request at the time of termination. You agree and acknowledge that OrthodontIA Vision Inc. is not obliged to retain non-health-related data, and after thirty (30) days following termination, may delete such data. OrthodontIA Vision Inc. is not liable to you or to any other party for any termination of this Agreement and for disablement of your account.

11. Confidential information

Neither party will use or disclose any Confidential Information (defined below) of the other party. A party receiving Confidential Information from the other party will use the highest commercially reasonable degree of care to protect that Confidential Information. The Services and the Content, including methods, ideas or concepts utilized therein, and all proprietary or confidential information imparted in confidence by a disclosing party, whether or not marked as confidential, or otherwise obtained (directly or indirectly) by a receiving party or by any authorized persons of the receiving party (“Confidential Information”) will remain the sole property of the disclosing party unless otherwise agreed to in this Agreement, and will not be used or disclosed to any third party without the express written consent of the disclosing party (except to employees or consultants who are bound by a written agreement with such party to maintain the confidentiality of such Confidential Information in a manner consistent with this provision). Items will not be considered to be Confidential Information if they are (i) available to the public other than by a breach of this Agreement or an agreement with the disclosing party, (ii) rightfully received from a third party not in breach of an obligation of confidentiality, (iii) independently developed by employees of recipient without access to the Confidential Information of the disclosing party, or (iv) rightfully known to the recipient at the time of disclosure. Neither party will be in breach of this Section for disclosing Confidential Information in compliance with an applicable law or court order, provided the other party is given reasonable notice of such law or court order and an opportunity to attempt to preclude or limit such production. You agree that the terms and conditions of this Agreement will be considered to be Confidential Information of OrthodontIA Vision Inc.

12. Miscellaneous

12.1 Report Violations. You should report any security violations to us by sending an email to orthodontia.tech@gmail.com

12.2 Notices. Any notice required or permitted hereunder will be in writing and will be given by electronic mail at orthodontia.tech@gmail.com. Such notice will be deemed to have been received twelve (12) hours after it was sent.

12.3 Force Majeure. Under no circumstances will either party be liable to the other for any failure to perform its obligations where such failure results from causes beyond that party’s reasonable control.

12.4 Entire Agreement and Waiver. This Agreement and all documents incorporated by reference hereto, including any additional terms and conditions of purchase or sale, will constitute the entire agreement between the parties with respect to its subject matter, and all prior agreements, representations, and statements with respect to such subject matter are superseded. This Agreement may be changed by OrthodontIA Vision Inc. upon notification to you. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such breaches and the waiver of any breach will not act as a waiver of subsequent breaches. You hereby agree to that (a) this Agreement operates in addition to any terms of use imposed or required by Apple Inc., Google Inc., Microsoft Inc. or any other App Store Owner from which you download the SmAIle application (“App Provider Terms”); and (b) the terms of this Agreement supplement and do not alter or amend any such App Provider Terms.

Privacy policy

General Information

OrthodontIA Vision Inc. Is helping patients have easier access to orthodontic insights through the SmAIle application that gives initial diagnosis and treatment possibilities.

OrthodontIA Vision Inc. recognizes the need for appropriate protections and management of your personal information. This policy explains how your data is collected, used and disclosed.

To receive services, you must register for an account. By registering for and engaging in our services, you acknowledge that you have read and understood this policy, agree to be bound by our terms of use and consent to the collection, use and disclosure of your personal information a set out in this privacy policy.

Minimum age

You must be 18 years old to use the SmAIle application, and by using it, you represent and are warrant that you are at least 18 years old. Any use of the application, including any registration or attempted registration, by anyone under the age of six is unauthorized and is a violation of these Terms of Use. Parental consent my be required in some jurisdictions if you are under the age of eighteen (18).

Application of Policy

This policy describes OrthodontIA Vision Inc.’s management of information, including the purposes for which we collect, use and disclose Information and the safeguards we use to protect information during your use of the application, and all subdomains of such or when contacting us. By providing us with your personal information, you agree to be bound by the terms and conditions of this privacy policy and we agree to only use or disclose your personal information as permitted by law or under the terms and conditions contained herein.

What is personal information

For purposes of this privacy policy and notice, the term “personal information” means information about an identifiable individual that is provided through the application or collected by us, such as contact information, name, address, phone number or email address, gender, date of birth, and personal health information. The information that could not reasonably be used to identify the individual, is not considered personal information.

Consent and Authorization

By using the SmAIle application, you agree to the terms of this privacy policy and acknowledge that we may collect, use and disclose your personal information in accordance with the terms hereof. By creating an account to save information and/or by submitting information for screening purposes and/or an assessment, you consent to the Terms of Use and Privacy Policy as applicable to each and all those actions.

The SmAIle application is strictly confidential. That means that as a rule, the information you share with us is known only to you and/or other health professionals potentially involved in your care and the OrthodontIA Vision Inc. support staff assisting you or your health professionals. We will not release any information about you to anyone without your written permission, except as et forth in this privacy policy or as required or permitted by applicable law or regulatory requirements.

In certain cases, you may choose not to provide us with some or all of your personal information. However, should you choose not to provide necessary personal information to us, that decision may impact your ability to interact with us of for us to provide you with certain services.

Right to withdraw consent

If you refuse to provide us with personal information, or later contact us to withdraw your consent for us to use and disclose the personal information we have already collected, you may not be able to use our services, including our websites and application.

What personal information do we collect?

We may collect personal information about you for the purpose of administration and providing services through the SmAIle application, including, without limitation, information such as:

  1. Your name;
  2. Your contact information, date of birth;
  3. Demographic information (gender);
  4. The services you will and have received through the application, dates, etc..;
  5. Results and reports provided by the application using our AI algorithm;
  6. Any information that you send to us

How is this personal information used?

We will use your personal information for the purposes for which it was collected as outlined above, and as required or permitted by applicable law. Specifically, we will use your personal information to:

  1. Provide you with health services recommendations with regards to your dental health.
  2. To match you with recommended treatment providers, mainly dentists, which you may or may not choose to pursue.
  3. Provide you with health education material and articles with information relevant to the issues identified in your assessment.
  4. To provide follow-up communications.

What Personal information do we share?

We may share your personal information with third parties as follows:

  1. Health professionals: These health professionals are typically dentists or dental health professionals, with whom we enter into confidentiality agreements and as such, we require them to use the personal information they receive only to contact you or propose treatment options.
  2. Insurance Providers: We may share your personal information with those parties with regards to your assessment results.
  3. Employees and Agents: we may provide your personal information to our employees, those of our affiliates and our respective agents and those third parties that require such information in order to help us provide services to our clients and administer our business.
  4. Service Providers: We have relationships with agents and third-party service providers that help us provide services to you including, but not limited to, administering our business, and deigning maintaining, and improving the application and our systems and computer security and may disclose your personal information to these third parties in the provision of their services. We enter into confidentiality agreements with such provides which require them to use the personal information they receive only to perform services to us.
  5. We may also use third parties to analyze aggregate data collected on the application for research purposes in accordance with applicable law. To the extent we allow a third-party service provider access to your personal information for the purposes outlined herein, they will only be permitted to collect it or use it for purposes consistent with the privacy policy, under the terms and conditions of a business associate agreement and applicable law.
  6. Legal Disclosure: we and our service providers may disclose your personal information if we are required or permitted by applicable law or legal process, which may include obligations to report suspected abuse or neglect, lawful access by foreign courts, law enforcement or other government authorities in the jurisdictions in which we or our service providers operate.
  7. Reorganization, Merger or Acquisition: In the event of a reorganization, merger, acquisition, asset sale or similar transaction, we may transfer all Personal Information we collect to the relevant third party involved in the transaction, with your consent, if and as required under applicable privacy laws.
  8. With Consent: We may otherwise disclose your personal information when we have your prior consent to share the information. In such cases we will have written contracts in place with the third parties requiring them to comply with terms of confidentiality similar to the applicable terms of this privacy policy as well as all applicable statutes, regulations and laws pertaining to the protection of such personal information.

De-identification

We may remove identifiers from your personal information and maintain, use, and disclose it in a de-identified form and combine it with other information to generate aggregated information. Such de-identified information will be owned by us, and we shall have unrestricted title, rights, and interest to it which may include, without limitation, the right of use, disclose, rent, or sell the de-identified information.

Retention

We will retain your personal information only for as long as is necessary for the purposes set out in this privacy policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws or regulatory college retention requirements), resolve disputes and enforce our legal agreements and policies.

Data Residency

Your information, including your personal information is processed and stored in third party cloud service provider servers.

Verification

We will engage in periodic assessments to verify that our privacy practices continue to comply with this privacy policy.

Updates to this privacy policy

To ensure that this privacy policy is kept to date, we may change this privacy policy from time to time. Notice of changes to the privacy policy will be posted through the SmAIle application and will be effective thirty (30) days following notice of the changes on the application. If you access or choose to continue to use the SmAIle application after the effective date of the change, you are deemed to have automatically accepted the change.

Questions about this privacy policy

BY SUBMITTING PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION THROUGH THE SmAIle APPLICATION AND EGAGING IN OUR SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THER TERMS OF THIS PRIVACY POLICY. BY USING THE SMAILE APPLICATION, YOU ALSO ACCEPT THE TERMS OF USE POSTED THROUGH THE APPLICATION.