Privacy Policy

Scope of this Policy

This Policy applies to information we process as a business in connection with the Services, including information about:

• visitors to our pages;
• individuals who request a smile preview or contact us;
• prospective and current client practices; and
• the individuals those practices authorize to use our client portal.

This Policy does not apply to the independent dental practices we work with, to any practice's own website, systems, or communications, or to any other third party. Those parties handle information under their own policies and practices, for which we are not responsible.

Information we collect

We collect the following categories of information:

• Information you provide. This may include:
  • your name, email address, and telephone number;
  • your mailing or service address;
  • the photograph you choose to upload;
  • the contents of messages, requests, or forms you submit to us;
  • your practice or business details and website;
  • the topics or interests you select;
  • appointment and scheduling details; and
  • any other information you choose to give us.
• Partial and in-progress entries. If you begin entering information into one of our forms and leave without completing it, we may retain what you had entered at that point so that we can follow up with you, understand where visitors leave the experience, and improve the Services. If you would prefer that we not retain a partial entry, contact us at the address below and we will delete it.
• Information collected automatically. When you interact with the Services, we and our service providers may collect technical and usage information such as:
  • device and browser type, operating system, and language;
  • approximate location derived from network information;
  • internet protocol (IP) address;
  • referring and exit pages;
  • unique or session identifiers;
  • the identifier associated with a mailed piece, printed code, link, or device through which you reached us; and
  • records of your interactions with our pages, emails, and communications, including that a page was viewed, a form was started or completed, a preview was requested, or a link was followed.
• Account and access information. If you are authorized to use our client portal, we collect account credentials and authentication data, profile details you provide, and records of access to the portal, including the account used, the sign-in method, device and browser characteristics, network address, and the time of access.
• Payment and billing information. Payments are processed by our third-party payment processor. We do not collect or store full bank account or payment card numbers ourselves; we receive limited transaction, billing, and account-status information from the processor.
• Information from other sources. We may obtain information about practices and business contacts from publicly available sources, business directories and mapping services, publicly accessible websites, and commercial data providers, and we may combine that information with information we already hold.

We do not ask for, and we request that you not submit, sensitive information through the Services beyond the smiling photograph itself.

How we use information

We use the information we collect:

• To provide, personalize, and deliver the Services, including generating, displaying, emailing, and re-sending a smile preview.
• To connect you with the dental practice you engaged with so that it can follow up with you about a possible consultation.
• To communicate with you about the Services, respond to your inquiries, provide support, and send administrative, transactional, and service messages.
• To operate, secure, test, troubleshoot, measure, analyze, and improve the Services, including developing new features and evaluating the effectiveness of our own and our clients' marketing.
• To create de-identified, anonymized, or aggregated information, which we may use and disclose for any lawful purpose.
• To prevent, detect, investigate, and respond to fraud, abuse, security incidents, unauthorized access, and other harmful or unlawful activity, and to protect the rights, property, and safety of you, us, our clients, and others.
• To establish, exercise, or defend legal claims, to comply with applicable law and legal process, and to enforce our Terms of Service and other agreements.
• For any other purpose disclosed to you at the time of collection or to which you consent.

AI-generated previews

The photograph you upload is processed using automated image-processing tools, including third-party artificial intelligence services, to produce a simulated illustration of how your smile might look. The resulting image is an illustration created by software. It is not:

• a diagnosis;
• an evaluation;
• a treatment plan;
• a promise or prediction of any particular result; or
• dental, medical, or professional advice of any kind.

Only a licensed dentist who examines you in person can evaluate your teeth and tell you what is actually achievable.

We do not make decisions that produce legal or similarly significant effects concerning you through automated processing.

Facial images; no biometric identifiers

Our tools alter the appearance of teeth within the photograph you provide. We do not use your photograph to identify you, we do not perform facial recognition, and we do not create, capture, collect, store, convert, transmit, sell, lease, trade, or otherwise use:

• a faceprint or face template;
• a scan of face or hand geometry;
• a voiceprint;
• a retina or iris scan;
• DNA; or
• any other biometric identifier or biometric information, as those terms are defined under applicable law.

We do not use your photograph to train third-party facial recognition systems.

To the extent any applicable law would nonetheless characterize your photograph, or our processing of it, as a biometric identifier, biometric information, or sensitive personal information, you expressly and voluntarily consent, when you choose to upload a photograph, to our collection, storage, use, and disclosure of it for the purposes described in this Policy, including disclosure to the dental practice you engaged with and to the service providers who help us generate and deliver your preview. We retain any such information only as described in “How long we keep information” below.

Uploading a photograph is entirely optional. If you do not want us to process an image of your face, do not upload one.

We are not a healthcare provider

TrialSmiles is not a healthcare provider, is not a covered entity under the Health Insurance Portability and Accountability Act ("HIPAA"), and does not act as a business associate of any covered entity in connection with the Services. Information you submit to us through the Services is not protected health information in our hands.

Please do not send us:

• medical or dental records;
• treatment history;
• insurance or payment card information;
• government identification numbers; or
• other sensitive personal information.

If you do so anyway, you do so voluntarily and at your own risk, and we may delete it.

How we disclose information

We disclose information as follows:

• With the dental practice you engaged with. When you submit a form on a dental practice's page, or use the experience in that practice's office, we disclose to that practice the information you provided and the preview generated for you, so that it may contact you about a possible consultation. Each such practice is an independent business. It is solely responsible for its own communications with you, including any calls, text messages, or emails it sends, and for its own handling, retention, and security of your information under its own policies and applicable law. We do not control and are not responsible for those practices.
• With service providers. We disclose information to vendors and service providers that perform services for us, which may include:
  • hosting and cloud infrastructure;
  • databases and storage;
  • image processing and artificial intelligence;
  • email delivery;
  • printing and mailing;
  • scheduling;
  • payment processing;
  • customer support;
  • security and fraud prevention; and
  • analytics.
• For corporate transactions. We may disclose or transfer information in connection with, or during negotiations concerning, any merger, financing, acquisition, reorganization, sale of assets, bankruptcy, or similar transaction.
• For legal, safety, and enforcement reasons. We may disclose information where we believe it is necessary or appropriate to comply with applicable law, regulation, legal process, or governmental request; to enforce our Terms of Service and other agreements; to protect the rights, property, or safety of you, us, our clients, or others; or to establish, exercise, or defend legal claims.
• De-identified and aggregated information. We may use and disclose de-identified, anonymized, or aggregated information for any lawful purpose, and we will maintain and use such information only in de-identified form.

Service providers are permitted to use the information only to perform services for us or as otherwise required by law.

We do not sell your personal information, and we do not share your personal information for cross-context behavioral advertising or targeted advertising, as those terms are defined under applicable state privacy law. If you have questions about how TrialSmiles handles your information, contact us at support@trialsmiles.com.

Communications and your consent

We may send you transactional and service messages relating to the Services, including your smile preview, responses to your inquiries, and administrative notices. You may opt out of promotional email at any time using the unsubscribe mechanism in the message or by contacting us; we may still send you transactional and administrative messages.

By providing your telephone number through the Services, you agree that we and the dental practice whose page or in-office experience you used may contact you at that number about your request, your preview, and a possible consultation, including by automatic telephone dialing system, artificial or prerecorded voice, and text message. Consent is not a condition of any purchase. Message and data rates may apply, and message frequency varies.

You may revoke this consent at any time:

• by replying STOP to a text message;
• by telling the caller; or
• by contacting us at the address below.

Revoking consent as to us does not revoke consent as to any dental practice, which you must contact directly.

Cookies and analytics

We and our service providers may use cookies, local storage, pixels, tracking links, unique identifiers, and similar technologies to:

• operate and secure the Services;
• remember your preferences and session;
• measure traffic and performance; and
• understand how the Services are used.

You may be able to control these technologies through your browser or device settings. Disabling them may affect how the Services function. Because we do not sell personal information or share it for cross-context behavioral advertising, we do not respond to browser “Do Not Track” signals at this time.

How long we keep information

We retain personal information for as long as we consider it reasonably necessary for the purposes described in this Policy, and thereafter for such additional period as is required or permitted by applicable law or as is reasonably necessary for legitimate business purposes, including:

• recordkeeping;
• accounting and tax;
• backup and disaster recovery;
• security and abuse prevention;
• dispute resolution; and
• enforcement of our agreements.

Retention periods vary depending on the type of information, how it is used, whether you remain in contact with us or with a practice, and our legal obligations. We may retain de-identified, anonymized, or aggregated information indefinitely.

You may ask us to delete your photograph or other personal information at any time as described below. Independent dental practices retain any information disclosed to them in accordance with their own policies and applicable law, and deletion by us does not delete their copies.

Security

We maintain administrative, technical, and physical safeguards designed to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, and unauthorized access, and we review those safeguards from time to time.

However, no website, application, database, transmission method, or storage system is completely secure, and we cannot and do not guarantee, warrant, or ensure the security of any information. You provide information to us at your own risk. We are not responsible for the unlawful or unauthorized acts of third parties, including any circumvention of, or interference with, our safeguards.

In the event of a security incident affecting personal information, we will provide notice to affected individuals and regulators as, and only to the extent, required by applicable law.

You are responsible for maintaining the confidentiality of any credentials associated with your access to the Services and for all activity conducted through them.

Your choices and privacy rights

You may ask us to do any of the following by emailing support@trialsmiles.com:

• confirm whether we process personal information about you;
• provide access to or a copy of it;
• correct inaccuracies in it;
• delete it; or
• answer your questions about this Policy.

Depending on where you reside, you may have additional rights under applicable state privacy law, including the right to obtain a copy in a portable format and the right to opt out of the sale of personal information, targeted advertising, or certain profiling. As stated above, we do not sell personal information or use it for targeted advertising.

We will respond to verifiable requests within the time required by applicable law. We may need information from you to verify your identity and authority before acting on a request, and we may decline a request, in whole or in part, where an exception or exemption applies or where we are unable to verify it. An authorized agent may submit a request on your behalf with proof of authorization. We will not discriminate against you for exercising these rights.

If we decline your request, you may appeal that decision within a reasonable period by replying to our response or emailing us with the word “Appeal” in the subject line. We will inform you in writing of the outcome of the appeal and the reasons for it, and, if the appeal is denied, of any right you may have to contact the applicable state attorney general to submit a complaint.

Because the dental practice you engaged with holds its own copy of any information disclosed to it, you may also need to contact that practice directly to exercise rights as to that copy.

Children

The Services are intended for adults and are not directed to children. We do not knowingly collect personal information from anyone under 18 years of age, and no one under 18 may use the Services or submit a photograph. If you believe a minor has provided us information, contact us and we will take reasonable steps to delete it.

United States only

The Services are offered and intended for users located in the United States, and information is processed and stored in the United States and in other jurisdictions where our service providers operate. We do not offer the Services to individuals located outside the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

Our relationship with dental practices

Independent dental practices pay us for marketing services. We design, produce, host, and distribute marketing on their behalf, including practice-branded pages that we operate on our own domain. You should assume that any dental practice presented to you through the Services has a paid commercial relationship with us and that we are compensated in connection with your inquiry.

That commercial relationship is not a recommendation, referral, certification, or endorsement of any practice's clinical qualifications or quality of care. We do not evaluate, verify, monitor, or vouch for any practice's:

• licensure, credentials, training, or experience;
• disciplinary or malpractice history;
• insurance;
• facilities;
• pricing; or
• quality, safety, or appropriateness of any care it provides.

Each practice is an independent business. We do not:

• own, operate, manage, control, staff, or supervise any dental practice; or
• participate in or influence any clinical or treatment decision.

No agency, partnership, joint venture, franchise, or common-enterprise relationship exists between us and any practice. A page carrying a practice's branding is operated by us as its marketing service provider; it does not mean the practice operates that page or that we operate the practice.

Each practice is responsible for its own communications with you and for its own collection, use, retention, disclosure, and security of your information under its own policies and applicable law. To exercise privacy rights as to a practice's own copy of your information, contact that practice directly.

Other third-party sites and services

The Services may also link to or interoperate with websites, applications, and services operated by third parties that are not our clients, such as scheduling, mapping, analytics, and communications providers. We do not control those third parties, are not responsible for their content, security, availability, or privacy practices, and their inclusion does not imply our endorsement. Your use of them is governed by their own terms and policies, which you should review before providing information to them.

Changes to this Policy

We may update this Policy from time to time. When we do, we will revise the effective date above and, where required by law, provide additional notice. Changes are effective when posted unless stated otherwise. Your continued use of the Services after an update constitutes your acceptance of the updated Policy.

Contact us

TrialSmiles LLC

5900 Balcones Drive STE 100, Austin, TX 78731

support@trialsmiles.com