End-User MySmile App License Agreement

Last updated: 09-19-18

Please read this End-User App License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using MySmile (“App”).

By clicking the “I Agree” button, downloading or using the App, you are agreeing to be bound by the terms and conditions of this Agreement (including the data management).

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the App.

License

Orisline Group (www.orisline.com) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the App only for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

App Use

This App allows you to interact with your Dentist, if (and until) he has the necessary authorizations.

The interactions regard activities such as: reservation and appointments management; reception of reminders; vision of dental educational videos; accounting features (access to quotations or invoices); access to the treatment plan.

Restrictions

You agree not to, and you will not permit others to: license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; make any modifications, adaptation, improvement, enhancement, translation or derivative work from the App; violate any applicable laws, rules or regulations in connection with your access or use of the App; remove, alter or obscure any proprietary notice of Orisline.

Modifications to Application

OrisLine Group reserves the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or OrisLine Group. OrisLine Group may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from OrisLine Group, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the App and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the App and delete all copies of the App from your mobile device or from your desktop.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

OrisLine Group reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 60 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Limitations of Warranties

You acknowledge and agree that the App is provided on an “as is” and “as available” basis, and that your use of or reliance upon the App and any third party content and services accessed thereby is at your sole risk and discretion. OrisLine Group and its affiliates, partners, suppliers and licensors hereby disclaim any and all representations warranties and guaranties regarding the App and third party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, OrisLine Group and its affiliates, partners, suppliers and licensors make no warranty that (i) the App or third party content and services will meet your requirements; (ii) the App or third party content and services will be interrupted, accurate, reliable, timely, secure or error-free; (iii) the quality of any products, services, information or other material accessed or obtained by you through the App will be as represented or meet your expectations; or (iv) any errors in the App or third party content and services will be corrected. Furthermore, OrisLine Group disclaims all warranties about the App to the fullest extent permitted by law.

Limitations of Liability

Under no circumstances shall OrisLine Group or its affiliates, partners, suppliers or licensors be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the App and any third party content and services, whether or not the damages were foreseeable and whether or not OrisLine Group was advised of the possibility of such damages.

Data Processing

Introduction. The Dentist who gave you access codes to log in this App is the Data Controller, pursuant to and for the purposes of Article 13 of Regulation (EU) 679/2016, hereby informs users who use this App about the purposes and methods of processing personal data collected, the scope of their communication and dissemination, as well as the nature of their provision.

For the functioning of this App, some of your data are temporary stored in data server of Henry Schein One Italia s.r.l. (or third party sub-processors inside the European Union) who is acting in the role of the Data Processor appointed by Dentist pursuant to art. 28 of Regulation (EU) 679/2016.

This privacy policy can be updated with additional elements and statements to best meet the knowledge needs of the data subjects and to adapt and comply to the evolution of regulations. Therefore, it is suggested to regularly check for updates to the App.

In case you did not receive previous information and data processing notes from your Dentist, you are not allowed to use this App. Do not use this App and cancel it immediately.

Data Category and Purpose. The processing operations are carried out with regard to the personal data necessary for the use of the App and its features. The types of data subject to processing may include, specifically:

Navigation Data: The IT systems and software procedures responsible for the operation of the App acquire, during their normal operation, some data, sometimes even personal, whose transmission is implicit in the use of Internet communication protocols. These are information that are not collected to be associated with identified data subjects, but which, by their nature, could, through further processing and associations with data held by third parties, allow for the identification of users. These data are used solely for the purpose of the use of the App and to check its correct functioning at a technical level. They are not, nor will they be, used by the Dentist for profiling activities.
Data possibly referring to your health status: name, contacts, appointments and notes, treatments and any other data contained in this App or provided through the use of the App in order to communicate with your Dentist.

The processing has the following purposes:
a) To carry out the professional activity entrusted to The Dentist in your favor, including the accounting/tax management of the relationship. Specifically, The Dentist will carry out - with your consent - activities related to the prevention, diagnosis, treatment, and rehabilitation of dental care to protect your health, including pharmaceutical and specialized services, as well as fulfill mandatory legal obligations, both administrative (such as the issuance of receipts and invoices) and healthcare-related;
b) To allow the handling of any disputes and enable the defense in related legal proceedings, or to ascertain, exercise, and/or defend a right, even in judicial proceedings.

Legal Basis of Processing. The processing of your personal data and, in particular, those related to your health status, which are requested and/or provided even verbally, at the time of conferring the professional assignment, or during (or after the cessation of) the same, is based on the provisions of Articles 6 and 9 of Regulation (EU) 2016/679. Specifically, the legal bases justifying the processing are those provided by Article 6, paragraph 1, letter a) (consent of the data subject) for general processing, including data belonging to special categories, and for secondary contact purposes, by Article 6, paragraph 1, letter b) for processing related to the execution of the assignment, and by Article 6, paragraph 1, letter c) for tax, civil, and other obligations arising from specific regulations, including those in the healthcare sector. It is also possible for the processing to be based on the legitimate interest of the Dentist in defending their rights in the event of litigation.

Nature of the Provision. The provision of data is mandatory for the use of the App. Otherwise, the provision is optional, but necessary, and the refusal by the data subject to provide such data will result in the impossibility for the Dentist to properly perform the service.

Processing Methods. Processing will be carried out mainly through IT tools by authorized collaborators and employees or by external service providers acting according to the instructions provided by the Dentist with methods strictly related to the stated purposes and, in any case, in a manner that ensures the security and confidentiality of the processed data. Specific security measures are in place to minimize the risks of destruction or loss, even accidental, of the data subject to processing, unauthorized access, or processing that is not allowed or not compliant with the purposes outlined in this notice.

Communication and Disclosure, Recipients. The data collected will not be subject to dissemination under any circumstances. Communication to third parties, other than the Data Controller, internal contacts, external data processors, and persons authorized to process data, is provided for public entities for legal obligations and, where necessary, for the achievement of the stated purposes, to third-party subjects and companies such as legal consultants, credit institutions, insurers, debt collection companies, contractual consultancy firms, couriers, third-party technical and IT service providers, and companies in the IT sector (Data Centers, Cloud Providers, companies providing IT services, including backup and/or maintenance of systems and software, etc.) for security management – including IT security – and data confidentiality, all engaged in properly and regularly pursuing the stated purposes.

Outside the above cases, personal data will not be communicated, disseminated, transferred, or otherwise disclosed to third parties for unlawful purposes or purposes not related to the collection purposes, and in any case without providing proper information to the data subjects and obtaining their consent, where required by law. The data may, of course, be communicated to the Judicial Authority or Public Security, as required by law.

Personal data will not be transferred abroad to countries or international organizations outside the European Union that do not ensure an adequate level of protection as recognized under Article 45 of the GDPR based on an adequacy decision by the EU Commission. If necessary for the provision of services, the transfer of personal data to third countries or international organizations outside the EU, for which the Commission has not issued an adequacy decision under Article 45 of the GDPR, will only take place if adequate guarantees are provided by the recipient country or organization, under Article 46 of the GDPR, and provided that data subjects have actionable rights and effective remedies. In the absence of an adequacy decision by the Commission under Article 45 of the GDPR, or adequate guarantees under Article 46 of the GDPR, including binding corporate rules, cross-border transfer will only occur if one of the conditions specified in Article 49 of the GDPR is met.

Data Retention. Data will be erased within a maximum of six months from the possible cancellation or disabling of the “MySmile” service by your Dentist or by the interruption for any reason of “MySmile” agreement between your Dentist and Henry Schein One Italia s.r.l.. The data may also be deleted at any time upon your request, in the event of exercising the right to object to the processing pursuant to art. 21 GDPR.

Data Subject Rights. The data subject has the right to access their personal data, request rectification, updating, erasure, or restriction, if incomplete, erroneous, or collected in violation of the law, as well as to object to processing for legitimate reasons or request data portability. Specifically, pursuant to Articles 15-22 of Regulation (EU) 679/2016, the data subject has the right to obtain confirmation of the existence or non-existence of personal data concerning them and their communication in an intelligible form.

The data subject also has the right to obtain the indication of:
a) the purposes and methods of the processing, and of the legal basis that allows it;
b) the logic applied in case of processing carried out with the aid of electronic tools;
c) the identifying details of the Data Controller, the Data Processor, and the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as authorized to process the data.

The data subject has the right to obtain:
a) the updating, rectification, or integration of their data;
b) the erasure, anonymization, or blocking of data processed in violation of the law, including data that is no longer necessary in relation to the purposes of processing;
c) the restriction of processing when one of the conditions of Article 18 Regulation (UE) 679/2016 is applicable.

The above rights can be exercised by making a request addressed to your Dentist, directly or through an authorized representative, either orally or by sending an email. The request may be made freely and informally by the data subject, who is entitled to receive a response within a reasonable time, depending on the circumstances of the case. The data subject may also avail themselves of organizations, associations, or non-profit bodies whose statutory objectives are of public interest and which are active in the field of protecting the rights and freedoms of data subjects concerning the protection of personal data, granting suitable authorization for this purpose. The data subject may also seek assistance from a trusted person.

Duration and Termination

After the download, the App functions will start from the input of your personal codes. The codes need to be communicated to you by your Dentist. The App features will work until your Dentist continues to maintain the needed agreement with OrisLine Group, or until you will delete the App.

Law

The Agreement is ruled only by Italian law, and can be judged only by the court of Milan (Italy).

Contact Information

If you have any questions about this Agreement, please contact us at www.orisline.com.