Privacy policy & cookies

Chapter 1 - Processing personal data

Article 1 Personal data and privacy policy

  1. The User provides personal data to CC Lab Technology Limited, Smile Aid GmbH & Clear Technology Inc, hereinafter collectively referred to as Orthoclear.

  2. Orthoclear processes and stores the personal data provided by the User while using the Orthoclear app and the Orthoclear website.

  3. By agreeing to these terms and conditions, the User consents to Orthoclear processing the personal data provided. Orthoclear processes personal data in accordance with the General Data Protection Regulation (AVG).

  4. When the User Agreement ends, the User's Account remains accessible, including the content posted thereon. If the User does not enter into a new agreement within one year from the end of the User Agreement, all content in the Account will be deleted, with the exception of the personal data provided by the User. To permanently delete the Account, the User must follow the appropriate procedure within Account.

  5. By agreeing to these terms and conditions, the User authorizes Orthoclear to send offers and special promotions to the User by e-mail or other means, unless the User indicates that he/she does not appreciate them.

  6. To process personal data, Orthoclear may engage service providers (processors) who process personal data exclusively on behalf of Orthoclear. A processing agreement is concluded with the service provider that meets the requirements set by the General Data Protection Regulation. This could include ICT service providers who provide support in keeping Orthoclear's systems secure and stable. The data is processed in compliance with the general terms and conditions of that third party. Orthoclear accepts no liability for this.

Article 2 Dispute resolution

  1. If any of the provisions of these general terms and conditions are overturned, the remainder shall be enforced to the fullest extent possible.

  2. The legal relationship between the User and Orthoclear is exclusively governed by Dutch law.

  3. All disputes that may arise as a result of the present agreement or further agreements that may result therefrom will be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (NAI). The arbitral tribunal shall consist of one arbitrator who shall be appointed in accordance with the list procedure. The place of arbitration will be Amsterdam and the proceedings will be conducted in the Dutch language. Merging the arbitral proceedings with another arbitral proceeding, as provided for in Article 1046 of the Code of Civil Procedure and Article 39 of the NAI Arbitration Rules, is excluded.

Article 3 Incorporation clause

  1. Orthoclear's terms and conditions (Terms and Conditions CC Lab Technology Limited) are an integral part of this Privacy Statement. These terms and conditions can be found at orthoclear.com

  2. This Privacy Statement of Orthoclear is an integral part of these terms and conditions.

Chapter 2 - Orthoclear privacy statement

Article 1 Contact Information

  1. CC Lab Technology Limited (Orthoclear) is the data controller and is located: Merchants House, 27-30 Merchants Quay, Dublin 8, Ireland. Orthoclear can be reached by email at support@orthoclear.nl.

Article 2 Application

  1. This Privacy Statement applies to all persons from whom Orthoclear processes personal data, with the exception of persons employed by Orthoclear. This Privacy Statement does not apply to employees, temporary workers, subcontractors and job applicants.

  2. This Privacy Statement applies to:

    • Users of Orthoclear;

    • Potential users who contacted Orthoclear;

    • Visitors to Orthoclear's website;

    • Recipients of newsletters and commercial emails from Orthoclear; and

    • All other persons who contact Orthoclear or from whom Orthoclear processes personal data.

Article 3 Types of personal data

  1. The personal data processed are the personal data provided by the User to Orthoclear, personal data generated during the User's visit to the website and reading of electronic newsletters, and personal data derived by Orthoclear from other sources.

  2. Personal data provided by the User means:

    • Contact information and other personal data required for the performance of the User Agreement; and

    • Contact information and other personal data entered on (web) contact forms.

  3. Personal data obtained through or generated by the website, electronic newsletters and commercial emails or related technology means:

    • IP number; 

    • Surfing behavior of the User on the website, such as data about the first visit, previous visit, current visit, pages viewed, and how the website is navigated; and

    • Whether a newsletter or commercial e-mail is opened and which parts of it are clicked on.

  4. Personal data obtained from other sources means:

    • Personal data available on public business social media platforms; 

    • Personal data obtained from the Commercial Register of the Chamber of Commerce and the Land Registry; and

    • Personal data available on public websites.

Article 4 Use of personal data

  1. Personal data is used by Orthoclear for a variety of purposes:

    • Executing the User Agreement and related billing;

    • Compliance with legal obligations; and

    • Maintaining contact with the User. Contact information is maintained in the system and may be used for such purposes as sending newsletters, updates and sending information requested from Orthoclear.

  1. The following data are analyzed by Orthoclear:

    • Interaction Data: personal data obtained from contact between Orthoclear and the User, both online and offline.

    • Behavioral data: personal data processed by Orthoclear with respect to User behavior, whether based on surfing behavior on the website and reading newsletters or on contact with our employees;

    • Data resulting from customer satisfaction surveys. Participation in customer satisfaction surveys is voluntary. Prior to a customer satisfaction survey, the User will receive further information regarding the method and manner in which Orthoclear will handle the information obtained; and

    • Data arising from user statistics. The user statistics of the website and the facilities enable Orthoclear to form a picture of, among other things, the number of visitors, the duration of the visit and, with respect to the website, which parts of the website are viewed. These are generic reports with no information on individuals. The information obtained is used to improve the website and facilities.

Article 5 Legal basis for processing

  1. A controller may only process personal data if it can be based on one of the exhaustively listed legal grounds in the General Data Protection Regulation (AVG). The four legal grounds on which Orthoclear relies are:

    • Permission. If consent has been requested by Orthoclear and granted by the User to process personal data, the User always has the right to withdraw this consent;

    • Agreement or run-up to the conclusion of an agreement. If the User enters or wishes to enter into a User Agreement with Orthoclear, Orthoclear will process personal data if and to the extent necessary for the performance of the User Agreement;

    • Legal obligation. Pursuant to legal obligations, it may be required, among other things, to retain a copy of a User's ID; and

    • Justified interest. Orthoclear may process personal data if it has a legitimate interest and does not thereby disproportionately invade the User's privacy.

Article 6 Processors

  1. To process personal data, Orthoclear may engage service providers (processors) who process personal data exclusively on behalf of Orthoclear. A processing agreement is concluded with the service provider that meets the requirements set by the General Data Protection Regulation (AVG). This could include ICT service providers who provide support in keeping Orthoclear's systems secure and stable.

  2. The data will be processed in compliance with the general terms and conditions of that third party. Orthoclear accepts no liability for this.

Article 7 Sharing personal data with third parties

  1. It may be necessary to share personal data of the User with third parties, such as pursuant to a court order or any other legal obligation.

  2. Personal data may be provided to third parties in the event of a reorganization or merger of Orthoclear or the sale of all or part of Orthoclear's business.

  3. Personal data may also be provided to third parties for the purpose of operating the Website, improving the user experience, and for the purpose of providing quality Orthoclear services.

  4. Personal data is not shared with third parties for commercial purposes.

  5. Among other things, personal data is shared with Trustpilot. If you create a Trustpilot account, you can see and change which personal data Trustpilot holds about you in "my settings".

Article 8 Cookies

  1. Cookies are small (text) files that a webpage server places on the computer, tablet or other electronic device (hereinafter: "computer") when visiting a webpage. Insofar as Orthoclear or a third party as referred to in article 7.3 of this Privacy Statement collects personal data from the User by means of cookies, Orthoclear or such third party shall process such personal data in accordance with this Privacy Statement.

  2. Through Orthoclear's websites, functional (necessary) cookies are placed as well as analytical cookies, cookies related to social media options and tracking cookies for providing relevant content.

  3. The User can set the browser so that no cookies are stored, that the User can allow or deny each cookie, or that all cookies are deleted when the browser is closed. Cookies are placed on each computer with which the User visits the websites. If the User does not want to receive cookies, the User must adjust the settings on all computers the User uses. If the User refuses and/or deletes cookies, strictly necessary cookies are also affected. This may limit the ability to use the Websites or parts thereof.

Article 9 Retention period

  1. When the User Agreement ends, the User's Account remains accessible, including the content posted on it. If the User does not enter into a new agreement within one year from the end of the User Agreement, all content in the Account will be deleted, with the exception of the personal data provided by the User. To permanently delete the Account, the User must follow the appropriate procedure within Account.

Article 10 Questions

  1. A User can exercise rights under the law with respect to his or her personal data. For example, the User has the right to access, rectify and delete personal data. The User can also object to the use of data or request Orthoclear to restrict such use. In certain cases, the User can request data. You can contact Orthoclear by e-mail at uk@ortho-clear.com

Article 11 Complaints

  1. In case of complaints regarding the handling of personal data, Orthoclear can be reached by e-mail at uk@ortho-clear.com. If no solution is reached, the User can turn to the Personal Data Authority.

Article 12 Amendments

  1. Significant regulatory changes will be announced by Orthoclear via the website.

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Privacy Policy Orthoclear version 4 juli 2023