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Align Technology, Inc. - Privacy Statement – Invisalign Practice App

Last Updated: 11 April, 2022

Introduction

Your privacy is very important to Align Technology, Inc. and its affiliates (“Align”, "we", "us" and "our"). This Privacy Statement explains how we collect, protect, use and share your Personal Information (i.e., information that identifies, relates to, or could be reasonably linked, directly or indirectly, with a particular identified or identifiable natural person or household).

Align designs, manufacturers and markets the Invisalign^® system and iTero^® intra-oral scanners and OrthoCAD services, and various apps such as the Invisalign Practice app, which is integrated with the Invisalign Doctor Site to help streamline the practice workflow by putting many of the Invisalign treatment features like Invisalign Photo Uploader, Virtual Care (in applicable markets), Virtual Appointment and Smileview™ simulation in one convenient app (the "App"). The following discloses how we collect, use and share the information we gather on our App. The target users of the App are Invisalign Providers, iTero users and their staff members.

By using our App, you consent to our collection, use, disclosure, transfer and processing of Personal Information in accordance with this Privacy Statement.

Information we collect from you

We collect Personal Information of users when you download and use our App. Such information may include your ClinID, Invisalign Doctor Site credentials, name, address, telephone number, email address, IP Address or other persistent identifiers, geolocation, credit card and other financial information related to payment for services, other information you choose to provide, through the App or through another platform, subject to its own privacy notice.

We will notify you of such purposes at the time that we request to collect additional Personal Information, including sensitive data, from you and will endeavor to only collect the information that is strictly necessary to fulfil those purposes.

If we collect health data via our App, we will ask for your explicit consent to the collection of sensitive data and acceptance of the terms of this Privacy Statement.

There may be features on the Apps for which provision of your Personal Information to us may be mandatory, and if so, where you do not provide us with the required information, we may not be able to provide you with the associated products and/or services.

On occasions you may choose to provide us with Personal Information about other people so that, for example, we can contact them with information about us. You must only share their Personal Information with us if you have obtained their consent and permission to do so.

What do we do with the information we collect?

We use your Personal Information for a variety of business purposes, including:

To set up and otherwise manage your account in our App.
To provide you with information about our products, services, news and events we believe may be of interest to you.
To invite you to take part in our surveys or become a member of a fan club (where applicable).
To gather demographic information about user trends,
To analyze use of our services and products, develop new services and products, and customize our products, services and other information we make available.
To provide Smile Visualization service.
To authorize Align to manufacture customized products for orthodontics or restorative purpose.
To provide Virtual Care and/or Virtual Appointment in accordance with applicable law.

We do use a robust combination of data sources (online, orders, customers, etc.) to get a full picture of our product and marketing efforts. This data is only for our efforts and we do not share your Personal Information with other businesses for them to use for purposes other than their work with us.

Our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. Where we have entered into a contract with you, such as to provide you with our goods and services, we will process your information to perform that contract. In other circumstances we may process your information for the legitimate business interests of Align such as marketing or improving our products and services, provided that these interests are not overridden by your rights. We will make it clear to you at the time of collection what our legitimate interests are.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information).

With whom do we share your Personal Information?

We partner with other businesses to assist us in our marketing, communications, and sales efforts, and may share your Personal Information for these purposes where you have given us consent to do so or where permitted by law. These partners are not allowed to use your information for any purpose other than doing business with Align.

In addition, any information we collect, including Personal Information, may be disclosed as part of any potential or actual purchase, reorganization, merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy, or receivership, in which case Personal Information could be transferred to third parties as one of our business assets.

We may also disclose your Personal Information: if we believe that doing so is required by law, court order or legal process; under the discovery process in litigation; to enforce our legal rights, policies or contracts; to collect amounts owed to Align; when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or if in good faith we believe that disclosure is otherwise necessary or advisable.

Where applicable, users of the App who use the Remote Care function of the App may also have information about their patient’s aligner wear, aligner stage, scheduled appointments, and treatment progress shared with their treating physician(s). You are responsible for ensuring that any individual whose Personal Information you upload through the App have consented to your use of the App and the processing of their Personal Information for the purposes described in this notice.

You may access a list of current sub-processors that Align uses for various services here.

How long do we keep your information?

We retain Personal Information where we have an ongoing legitimate business need to do so (for example, to provide you with Invisalign goods and services or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

Links to other sites

Our App may contain links to other websites merely as a convenience. Align is not responsible for the privacy practices or the content of such other websites, and inclusion of links does not mean we endorse the information or company. This means that if you connect to another site through our App, we are not responsible for and we cannot control what they do with your information.

Also, you may have the opportunity to share your information with other websites, such as social media sites. We may provide a convenient link to let you do this easily, but we are not responsible for and we cannot control their website or your posts/sharing. You are encouraged to review the privacy policies and information collection practices of these other websites and social media sites.

Marketing and Do Not Contact

We may send you information about us from time to time if you have given us your consent (where required).

Align provides you the opportunity to request to stop receiving electronic communications from either Align or our partners by withdrawing your consent. If you do not want to receive communications from us, please tell us when we collect your information or write us at any time remove@aligntech.com and make sure to include your country location. You may also use the convenient unsubscribe feature included with emails. Please allow us enough time to process your request.

Keep in mind, this withdrawal of consent does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us, for example, if you sign up to receive news alerts from us.

Social Media

If you are a user of Facebook, Twitter or other social media sites with public account settings and you hashtag using one of our public campaigns, or one using our product names, such as #Invisalign, #InvisalignLive, or #InvisalignSmile -- we will be able to pull your reviews of our products from the social media sites and post them on our Sites. This is so that we can share your opinions about our products with the visitors of our Sites. Before being posted on our websites, your comments will be reviewed by us. Please do not use these hashtags if you do not wish for your reviews to be made available on our websites.

By posting or otherwise making available any content about your Invisalign experience on a public social media platform, and responding “yes” if we ask for your permission to re-post content on our owned channels, such as Facebook (http://facebook.com/invisalign), Pinterest (http://pinterest.com/Invisalign), YouTube (http://youtube.com/invisalign), Twitter (http://twitter.com/invisalign), Instagram (http://instagram.com/invisalign  &  http://instagram.com/invisalignlive), and others, you represent and warrant that you are eighteen (18) years of age or older and that you agree to the terms and conditions listed on our page on those websites.

If a parent, guardian, or anyone else becomes aware of user-generated content shared from an individual under the age of eighteen (18), please email us at InvisalignTakeDown@aligntech.com.

See the full Invisalign Social Media Guidelines here (https://www.facebook.com/invisalign/app/235356096629509/)

International data transfers

Align operates globally and may therefore transfer your Personal Information to other countries in which Align operates, including countries other than your country of residence. Your Personal Information may also be stored on our servers, which may be located outside your country of residence. Our third party service providers are also located in these countries across the world. However, we will continue to protect your information in accordance with this Privacy Statement and our Binding Corporate Rules.

If you are a resident of the European Economic Area, Switzerland and/or the United Kingdom please note that we may transfer your information outside of the European Economic Area, Switzerland and/or the United Kingdom to our service providers and partners, and we ensure that your information is adequately protected for example by ensuring that the standard contractual clauses are used or any other approved transfer mechanism. By providing us your Personal Information, you agree to such transfers, processing and/or storage anywhere in the world, including the United States.

If you are a resident of Korea, please note that we may transfer your information outside of Korea to entrust our affiliates worldwide (see details as follows) to process the personal information in accordance with the purpose, methods and retention period listed in this Privacy Statement.

Recipient of personal information: All affiliates of Invisalign Korea Co., Ltd. (see details as shown below)
Purpose of use of personal information provided by the recipient: customer management, product and new product development and the other purposes listed in the section “What do we do with the information we collect?”
Categories of personal information transferred: Each item of personal information collected by Align
Recipient’s retention and use period: When the purpose of consignment is achieved
Data transfer date and method: online at any time

This is a not-county-specific note: The full details of the entities in the Align Corporate Group and the countries they are located in is available here: http://investor.aligntech.com/index.php/static-files/3edcedc9-4451-4bd0-a8ad-151a6a94bf87. You may contact the email address at the bottom to exercise your rights under the applicable laws and regulations.

Security

The security of all Personal Information provided to Align is important to us, and Align endeavors to take reasonable steps designed to protect your Personal Information. Our App has security measures in place to try to protect against the destruction, loss, misuse and alteration, unauthorized disclosure or access of the information under our control. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while Align strives to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to Align, and you do so at your own risk.

Your Rights

If you have rights concerning access, disclosure, amendment, or deletion (as determined by applicable law), you may contact us at the address or email listed below. In general, individual rights vary from one jurisdiction to another, we list the individual rights in some of the markets below for your reference.

For example, California residents may seek additional disclosures as to the categories or specific pieces of Personal Information Align collects, processes, and stores about them, and may contact us regarding their rights to access and request deletion of their Personal Information. Please refer to the California Consumer Privacy Act (CCPA) Privacy Statement for further information.

In Nevada, Senate Privacy Bill No. 220 grants Nevada consumers the right to submit requests to Align not to have their personal information sold to third parties. While Align does not engage in the sale of your personal data of any kind, you are free to submit requests or inquiries of this kind to Privacy@aligntech.com.

In Europe, individuals may have the following rights:

to access, correct, update or request deletion of your personal information. You may be able to access and update some of your information yourself from the App.
to object to processing of your personal information, ask us to restrict processing of your personal information or request its portability.
to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided below or write to us at any time at remove@aligntech.com. Please make sure to include your country location.
to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

In Singapore, you may generally request for us to provide you with information about the ways in which your Personal Information that is in our possession or under our control has been or may have been used or disclosed by us within a year before the date of the request. Any access request may be subject to a fee to cover our costs in providing you with details of the Personal Information we hold about you, and we will notify you of what such fee will be after receiving your access request.

In Australia you may request access to or correction of your personal information, or make a privacy related complaint, at any time by emailing us at Privacy@aligntech.com and we will not charge for the making of the request. We will endeavor to respond to your request within a reasonable period of time.

In Thailand, individuals have the following rights:

revoke your consent at any time (unless certain restriction by law or by contract applies).
request for copies of your personal information, disclosure of there source upon which your personal data is collected.
request for your personal information to be transferred to other data controllers (if the same can be done automatically).
request to receive the personal information being sent to other data controllers directly (unless the same cannot be done due to technical restrictions).
object the collection, use and disclosure of your personal information at any time under those circumstances prescribed by local data protection laws.
request to delete or destroy your personal information, or to anonymize your personal information under those circumstances prescribed by local data protection laws.
request to stop the use of your personal information under those circumstances prescribed by local data protection laws.
to complain to a data protection authority about our collection and use of your personal information in the circumstances prescribed by local data protection laws, including where we, our officers, employees, and contractors are in breach of local data protection laws.

In Vietnam, individuals have the following rights:

to revoke your consent at any time (unless certain restrictions as provided by local laws).
to have the discretion to allow or object our processing of your personal information, unless otherwise provided by local laws.
to receive notices on our actions relating to the processing of your personal information.
to request for correction or review, and have a copy of your personal information.
to request for termination or revocation of the processing of your personal information, restrict the rights to access your personal information, cease the disclosure or access to your personal information, delete or close the collected personal information, unless otherwise provided by local laws.
to complain to a data protection authority about our collection and use of your personal information. You can claim for damage due to a breach of local laws relating to the processing of your personal information.

These are just examples; you may have other rights based on the laws of your jurisdiction which are not listed here, including compensation claims where applicable, and we respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Updates

We may update this Privacy Statement from time to time as we deem necessary in our sole discretion. When we do, we will revise the last updated date at the beginning of the Privacy Statement. Notice of such update and/or modification will be provided on our App or as otherwise required by applicable law. We encourage you to periodically review this statement to stay informed about how we collect, use and share Personal Information. Your continued relationship with Align after the posting or notice of any amended Privacy Statement shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Statement take effect immediately after being posted or otherwise provided by Align.

If you have any questions about this Privacy Statement, the privacy practices of our App, your information, your rights regarding your information, or your dealings with our App, please contact our Data Protection Officer

Align Technology, Inc.

Attention: Privacy Office

2820 Orchard Parkway

San Jose, CA 95134

United States of America

Align Technology Switzerland GmbH

Attention: Privacy Office

Suurstoffi 22

6343 Risch-Rotkreuz

Switzerland

Privacy@aligntech.com