SmileDirectClub HK Limited and each of its group companies including its parent company SmileDirectClub LLC, (“SmileDirectClub” or “we” 'us' or “our”) respects your privacy and is committed to protecting it including through our compliance with this policy. We will handle your personal information only in accordance with the Personal Data (Privacy) Ordinance (Cap. 486)) (“PDPO”), the Data Privacy Principles and related applicable laws in Hong Kong (collectively, Hong Kong privacy laws').
Children Under the Age of 18
Our Application and Website are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Website. We do not knowingly collect personal information directly from children under 18. If you are under 18, please ask your parent or guardian to access and use the Website or Application for you, and please do not use, or provide any information on our Website, Application, or on or through any of their features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information directly from a child under 18 without verification of parental or guardian consent, we will delete that information. If you believe we might have received any information from a child under 18, please contact us at DPO@SmileDirectClub.com.
Personal Information We Collect About You
We collect different types of personal information about you. Personal Information means any information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable. This includes information that may directly identify you, or be used to identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users or other information that we hold about you and that may identify you. This also includes information that we collect directly from you, and about you from other parties, including (as applicable) licensed dentists, medical practitioners, orthodontists, through automated collection technologies and other methods, as further described below.
We collect personal information about you and your interactions with our Application and Website, depending upon the nature of your interactions and the scope of the services we provide, including if you are a customer or user, a medical practitioner, dentist, orthodontist, parent/guardian of a user/customer, visitors to our Website or Application and all other customers and users of our Services, including (as applicable):
- your contact information, such as name; home, shipping, and postal address; e-mail address; home and mobile telephone number;
- your payment information including your credit card, debit card, or other payment information (solely for payment purposes);
- your identity information, including your date of birth; Hong Kong Identity Number;
- health information voluntarily disclosed by you, including your medical history 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;
- information that is about you but may not identify you, such as statistical and other communications data and the resources that you access and use on the Website and in the Applications (some of which may be anonymised);
- if you are a dentist, orthodontist or other licensed individual medical or healthcare practitioner: your name, profile, practice name, address, phone number, website URL, medical / tier experience, including to provide the Services to our users and customers;
- information that you provide by filling in forms on our Website and Application. This includes information provided at the time of registering to use our Website or Application, subscribing to our Services, posting material, or requesting further products or services.
- information we may ask you to provide when you enter a contest or promotion sponsored by us, or during a study you consent to participate in,
- marketing and communications data - including your preferences for receiving marketing and communications from us;
- personal information you provide when you report a complaint or problem with our Website or Application;
- records and copies of your correspondence (including email addresses), if you contact us;
- your responses to surveys that we might ask you to complete for research purposes;
- details of transactions you carry out through our Application and Website and of the fulfillment of your Services orders; and
- technical ID data, including about your internet connection and the equipment you use to access our Website and Application and related usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, as further described below.
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 and usage of 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
- technical 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 Information or we may maintain it or associate it with personal Information we collect in other ways or that we receive from third parties. This information helps us to improve our Website and Application and to deliver a better and more personalized service to you by enabling us to:
- 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 you when you return to our Website or Application, so that we can improve the interactions of you and our other customers with our Website.
Your User Contributions
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website and Application or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
How We Collect your Personal Information
We collect personal information:
- directly from you (or your parent or legal guardian if you are under 18 years old) when you provide it to us, including through our Website and Application;
- in email, text, SMS and other electronic messages between you and us, including on our Website or Application;
- through printed documents, records and/or materials;
- indirectly when you interact with our advertising and/or marketing teams or communications and any applications on applicable or linked third-party websites and services;
- automatically in respect of usage information and IP information as described above, as you navigate through the Website or use the Application; and
- third party generated data, including from our business partners where you have separately provided your consent to these partners for your information to be shared with us.
If you are a customer or user, subject to your consent, we also collect your personal and health information from your licensed medical practitioners, including your health or dental providers and licensed dentists or orthodontists in order to provide our Services to you. Please see further your rights in respect of our collection and use of your health information under 'Health information' below.
Some information processed, collected and handled by SmileDirectClub may include personal information concerning your health. We process this health information only to the extent:
- necessary to carry out our obligations to your licensed dental or relevant health care provider or orthodontist and to you, and to provide your licensed dental or relevant health care provider or orthodontist and you with our Services;
- you have provided your prior written consent to the processing of this information, and the information is reasonably necessary for one or more of our functions or activities; or
- if the use or disclosure of this information is required by law or to prevent a serious threat to the physical or mental health of an individual.
For clarity, unless you consent or the law allows, SmileDirectClub will only use and disclose your health information for the purpose for which you have provided it to us, or for a secondary purpose which is directly related to providing our Services and it is reasonably necessary for the provision of these Services.
Why We Collect, Hold and Use Your Information
The personal information we collect from you is required for us broadly to provide our Services and to facilitate communication between you and /or your licensed dental or health provider. If you do not provide us with your personal information, we may not be able to provide you with our Services in the manner envisaged, or at all, communicate with you or respond to your enquiries on our Services.
We collect, hold and use your personal information for various purposes described below including:
- to provide our Application and Website and present their contents to you;
- to provide you with our Services and information on our products and Services that you request from us;
- to provide personal information to your health provider, including licensed dentist or orthodontist including as may be requested by them from us;
- to fulfill any other lawful purpose for which you provide it;
- to comply with applicable laws and regulations and to operate our business;
- to provide you with notices about your account or 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;
- to enable the marketing of products and services to you using our marketing tools and platform, including to personalize our products and services, including website optimisation, personalised emails and optimize our dynamic marketing and advertising strategies;
- to manage the security of our Website, Application, platform, networks and systems;
- in any other way we may describe when you provide the information; and
- for any other purpose with your prior written consent.
Marketing and Direct Marketing
We may use your information to contact you to promote and market our own goods and services that may be of interest to you, but we will not do so if you tell us not to. These products and services may be offered by us, any one of our related companies, subsidiaries or affiliates. We may contact you by email, SMS, voice, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you and will do only in compliance with all applicable laws. To protect your privacy rights and to ensure you have control over how we manage marketing with you we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you based on the products and services which you have purchased or have registered your interest in purchasing to date from us. If you wish to opt-out of marketing emails, you may do so by clicking the unsubscribe link in the emails that we send you. You may also unsubscribe or change your choice regarding email, voice, SMS and text marketing communications at any time by logging into the Website or Application and adjusting your user preferences in your account profile or by sending a written request to Customer Care C/O SmileDirectClub HK Limited, 18/F Edinburgh Tower, The Landmark, 15 Queen's Rd Central HK, or emailing us at CustomerCare@SmileDirectClub.com.hk, or calling us at
Disclosure of Your Information
We may disclose your personal information to certain third parties, including:
- your licensed health dental provider or orthodontist, as identified to us and where you have consented to the disclosure of your information to this licensed provider;
- our group companies including all subsidiaries and affiliates;
- our third-party service providers, suppliers, subcontractors, and business associates who we use to support our business. These third parties have agreed to confidentiality restrictions and to use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us and in accordance with applicable laws. These include IT service providers who help manage our IT and back office systems including the hosting and storage of personal information;
- to a buyer or other successor of SmileDirectClub or in the event of any change of control of SmileDirectClub, including any merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SmileDirectClub's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SmileDirectClub about our Website’s and Application’s users is among the assets transferred; and
- to our professional advisors and consultants - including our lawyers and insurers to manage risks and legal claims.
We disclose your personal information in the manner set out above only in compliance with applicable privacy laws, including under Hong Kong privacy laws:
- to provide the Services you have requested we provide to you (primary purpose) and for any other related purpose which you would reasonably expect us to use or disclose your personal information, or, in the case of your health information, directly related to the provision of our Services to you; this may include disclosure to credit and fraud prevention agencies for the purposes of fraud protection and credit risk reduction;
- to government agencies and bodies to comply with our legal obligations and to enforce our legal rights and obligations;
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- otherwise with your prior written consent.
We may disclose without restriction any fully aggregated or anonymised information about any of our users which does not identify you or any individual user.
We do not control the collection and use of your information collected by third parties.
Where possible, we have contractual arrangements in place with these parties (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, have their own privacy policies which contain information about their privacy practices, how you can access any personal information they hold about you, seek correction of it or make a complaint about a breach of the PDPO.
You might also find external links to third party websites on our Website or Application. This Policy does not apply to your use of a third-party site and we are not responsible for the content of privacy policies of such third-party websites or their privacy practices.
Information we collect about you may be disclosed to recipients located outside of Hong Kong, including to each SmileDirectClub group company located throughout the world, including, but not limited to, in the United States, Canada, UK, Europe, and Costa Rica.
We take reasonable steps to ensure that the personal information stored offshore is handled in accordance with applicable privacy laws and strict privacy safeguards to protect your privacy rights and interests and that transfers are limited to countries which are recognized as providing an adequate level of legal privacy protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights in accordance with Hong Kong privacy laws.
Accessing and Correcting Your Personal Information
You may access and update your personal information at any time.
There is no charge for requesting access to your personal information, but we may require you to meet our reasonable cost in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).
We will respond to your requests to access or correct your personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up to date and complete.
Do Not Track Signals
We may use automated data collection technologies to track you across the Website, Application and otherwise. We currently do not honor do-not-track signals that may be sent by some browsers.
We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
How We Hold Information and Data Security
Information transmitted over the Internet is not completely secure, but we do our best to protect your personal information. You can help protect your personal information and other information by keeping your password to our Application and Website confidential.
We have implemented measures designed to secure your personal information from accidental loss and from misuse, interference or loss, and from unauthorised access, modification and disclosure. Most of the 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. Some information about you may be recorded in paper files that we store securely.
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. While we make reasonable efforts to maintain the Application and Website, we cannot guarantee the security of your personal information transmitted to or from our Application or Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, the Application, or the operating system of your computer or mobile device.
If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us using the Contact Information set out below.
We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.
If you remain unsatisfied with the way in which we have handled any privacy issue, you may approach an independent advisor or contact the Office of the Privacy Commissioner for Personal Data (www.pcpd.org.hk) for guidance on alternative courses of action which may be available.
SmileDirectClub HK Limited, 18/F Edinburgh Tower, The Landmark, 15 Queen's Rd Central HK
We encourage you to contact us first to sort out any compliant or query. Our Customer Care team will process your enquiry and respond to you as soon as possible.