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Privacy Policy

We Respect Your Privacy

Mofosmile Pty Ltd (“MyMofoSmile”, “we”, “our” or “us”) and each of its group companies respects your privacy and is committed to protecting it including through our compliance with this Privacy Policy (“Privacy Policy”). Our employees, the organisation, and our systems will handle your personal information only in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles and related applicable laws (collectively, ‘Australian privacy laws’).

We respect your privacy and hope that you can enjoy the time you spend on our website.

Introduction

This Privacy Policy describes the types of personal information we may collect from you in the following instances:
  1. when providing our Services to you, including personal information that you may provide or disclose to us when you visit the website website link (our “Website”), or when you communicate with us through email, text, SMS and other electronic communications
  2. our practices for collecting, using, handling, maintaining, storing, protecting, and disclosing personal information that you shared with us.

Your Responsibility

It is your responsibility to do the following:
  1. Read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will handle it;
  2. If you do not agree with our policies and practices, you should not use our Website, Application, or purchase or acquire our Services
By accessing or using our Website or Application, you agree to the terms and conditions of this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Website or Application and Services after we make changes shall constitute your acceptance of those changes, so please check this Privacy Policy periodically for updates.

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 using the contact details on our website.

Definitions

The following are the definitions relevant to this Privacy Policy:
  1. 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.
  2. Sensitive Personal Information may include personal information concerning your health.

Data Collection

Personal Information We Collect About You

The following are the information that we collect about you. Giving your personal information is purely voluntary.

We collect different types of personal information about you.

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; social security number;
  • Health information, 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. This is known as sensitive information under applicable Privacy laws and additional protections apply to the collection of this information from you, which we detail further below;
  • 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, subscribing, posting material, or requesting further services;
  • Information we may ask you to provide when you enter a contest or promotion or participate in a study;
  • Marketing and communications data – including your preferences for receiving marketing communications from us;
  • Personal information you provide when you report a complaint or problem;
  • Records and copies of your correspondence (including email addresses), if you contact us;
  • Your responses to surveys for research purposes;
  • Details of transactions and fulfillment of your service orders;
  • Technical ID data, including your internet connection, equipment used, IP address, and tracking technologies such as cookies and web beacons.

You also may provide information to be published or displayed (“posted”) on public areas of the Website and Application or transmitted to other users or third parties (“User Contributions”). Your User Contributions are posted at your own risk. Although we limit access to certain pages, no security measures are perfect. We cannot guarantee that unauthorized persons will not view your contributions.

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 information about your equipment, browsing actions, and patterns, such as:

  • Details of your visits and usage, including traffic data, location data, logs, referring/exit pages, timestamps, error information, clickstream data, and other communication data;
  • Technical information about your device and internet connection, such as IP address, operating system, and browser type.

The information collected automatically may include personal information or may be associated with other personal information we collect. This helps us improve our services and deliver a more personalized experience by:

  • Estimating audience size and usage patterns;
  • Storing preferences to customize your experience;
  • Speeding up searches;
  • Recognizing you on return visits.

Do Not Track Signals: We may use tracking technologies across our Website and Application. Currently, we do not honor “Do Not Track” signals sent by browsers.

We may also track your online activities over time and across third-party websites. Some browsers allow you to send a “Do Not Track” signal; however, we do not respond to such signals or alter our data collection practices based on them.

Data Processing

Collection of 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
  • From third-party generated data, including our business partners where you have provided your consent for your information to be shared with us.

If you are a customer or user, we also collect your personal and sensitive (including health) information from licensed medical practitioners, including your health or dental providers, dentists, or orthodontists in order to provide our Services.

Please see your rights regarding sensitive information under “Health Information” below.

Processing of Sensitive Information

We process this sensitive information only to the extent:

  • Necessary to carry out our obligations to your licensed dental or relevant healthcare provider or orthodontist and to you;
  • You have provided prior written consent and the information is reasonably necessary for our functions or activities; and
  • A “permitted general situation” or “permitted health situation” applies, including where required by law or to prevent serious threats to life or health.

Unless required or permitted by law, we will only use and disclose your sensitive health information for the purpose for which it was provided or for a directly related purpose necessary to provide our Services.

Why We Collect, Hold and Use Your Information

The personal information we collect is required to provide our Services and facilitate communication between you and your licensed healthcare provider.

If you do not provide your personal information, we may not be able to provide our Services or respond to your enquiries.

We collect, hold, and use your personal information for the following purposes:

  • To provide our Website and Application and present their contents to you;
  • To provide our Services and information you request;
  • To share information with your healthcare provider, dentist, or orthodontist as required;
  • To fulfill lawful purposes for which the information is provided;
  • To comply with legal and regulatory requirements;
  • To send account-related notices, including renewals;
  • To enforce contracts, including billing and collection;
  • To notify you about updates to our Website, Application, or Services;
  • To enable participation in interactive features;
  • To support marketing, personalization, and advertising;
  • To maintain security of our systems and platforms;
  • For purposes disclosed at the time of collection; 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.

Data Disclosure

Disclosure of Your Personal Information

We do not share, sell, or otherwise disclose your personal information for purposes other than those outlined in this Privacy Policy.


We may disclose your personal information to certain third parties, including:

  • Your licensed health dental provider or orthodontist, where you have consented to the disclosure of your information;
  • Our group companies, including subsidiaries and affiliates;
  • Third-party service providers, suppliers, subcontractors, and business associates who support our operations. These parties are bound by confidentiality obligations and use your information only for providing services to us in accordance with applicable laws;
  • A buyer or successor in the event of merger, restructuring, or sale of assets, where user information may be transferred as part of the business;
  • Our professional advisors and consultants, including lawyers and insurers for risk management and legal purposes.

We disclose your personal information only in compliance with applicable privacy laws, including:

  • To provide the Services you request and for related purposes you would reasonably expect, including fraud prevention and credit risk reduction;
  • To government agencies or authorities to comply with legal obligations and enforce our rights;
  • To comply with court orders, laws, or legal processes, including regulatory requests;
  • To enforce our Terms of Use and other agreements, including billing and collection; and
  • With your prior written consent.

We may also disclose aggregated or anonymised information that does not identify you without restriction.

Accessing and Correcting Your Personal Information

You may access and update your personal information at any time.

You can review and update your basic information by logging into your account on the Website or Application.

You may also request access to or correction of your personal information by contacting us using the Contact Information provided at the end of this Privacy Policy. We aim to ensure your information is accurate, complete, and up to date.

In certain circumstances, we may not be required to provide access, including where doing so would violate legal obligations or compromise data accuracy.

There is no charge for requesting access to your personal information. However, we may charge reasonable costs for providing access, such as administrative or copying costs.

We will respond to your request within a reasonable time and take appropriate steps to maintain accurate and up-to-date records.

Data Security

Security of Your Information

Information transmitted over the Internet is not completely secure, but we do our best to protect your personal information. You can help protect your 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, unauthorized access, modification, and disclosure. Most of the information you provide is stored on secure servers behind firewalls. Payment transactions and health information are encrypted during transmission. Some information may also be stored securely in paper files.

The safety of your information also depends on you. If you have a password for access to certain parts of our Website or Application, you are responsible for keeping it confidential. Please do not share your password with anyone.

Be cautious when sharing information in public areas such as message boards or where you post content like photos or videos. Information shared in these areas may be visible to other users.

While we take reasonable steps to protect your data, we cannot guarantee the security of information transmitted over the internet. Any transmission is at your own risk. We are not responsible for any circumvention of privacy settings or security measures on your device or our systems.

Changes to Our Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on our Website or within the Application.

If we make material changes, we may notify you through your contact details and request you to review (and accept, if required) the updates.

We will also indicate on this page when the Privacy Policy was last updated. You are responsible for periodically reviewing this page to stay informed about any changes.

For significant changes in how we handle your personal information, we may also provide notice on the Website or Application home page and/or via email.

Complaints

If you have a complaint about how we handle your personal information, including requests for access or correction, you can contact us via the customer care details on our Website or email us at:

Email: support@mymofosmile.com

Mailing Address:

Mofosmile Pty Ltd
202/37 Barrack St,
Perth WA 6000

We will review your complaint and determine if further investigation is required. You will be notified of the outcome and any actions taken.

If you are not satisfied with our response, you may seek advice from an independent advisor or contact the Office of the Australian Information Commissioner (OAIC) for further guidance.