Privacy Policy

Last updated: 30 august 2023

01. Introduction

Clever TPS recognizes the importance of handling Personal Information safely and in accordance with applicable laws.

This Privacy Policy explains how Clever TPS collect, use, and disclose your personal information and what rights you have in relation to your personal information.

Clever TPS will handle your personal information when you are an existing or prospective customer or business partner, when you sign up to receive marketing communications from us or if you are using our website, mobile site, mobile application, social media sites and other digital services and products that link to this Privacy Policy. We may also collect information from you if you are a dental patient or a potential patient.

Clever TPS will be acting as the Dental Clinics' processor and Licensor's (Envista - Ormco B.V., with offices at Amsterdamseweg 51B, 3812RP Amersfoort, The Netherlands) sub-processor when it provides the Services. The data sub-processor processes personal data on behalf of the controller or the processor and respects their privacy policies, acting solely on their documented instructions.

This Privacy Policy does not apply to candidates who are applying for a role at Clever TPS.

If you have any questions relating to this Notice, please contact [email protected]

02. What is personal information?

“Personal information” means any information or 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. In general terms, this includes information or an opinion that personally identifies you either directly (e.g. your name) or indirectly.

03. What personal information do we collect?

The personal information we collect about you depends on the nature of your dealings with us or what you choose to share with us.

The following set of data will be processed by Clever TPS for the purposes of providing the Services:

• Contact Information, Doctor Name, Practice address, Contact Name, email address, and telephone number;
• Personal Data relating to Dental clinics and their patients:
• • This may include access to information about Dental clinics' customers, their employees and patients including: Name, date of birth, address, case treatment information, photographs and intra-oral scans.

Clever TPS will collect sensitive information about you. This might include any information or opinion about your racial or ethnic origin or health information.

We will collect your sensitive information with your consent, prior given to your doctor or due to the agreement between you and your doctor, if it is necessary to prevent a serious and imminent threat to life or health, or as otherwise required or authorised by law or by the parties’ agreement, and we take appropriate measures to protect the security of this information.

04. How do we collect your personal information?

We collect your personal information directly from you when you:

• interact with us over the phone;
• interact with us in person;
• interact with us online;
• participate in surveys or questionnaires;
• attend a Clever TPS event;
• subscribe to our mailing list;
• apply for a position with us as an employee, contractor or volunteer;

We may also collect your personal information from your Dental Clinic or third parties or through publicly available sources. We collect your personal information from these third parties so that we can deliver to you more personalized services and for marketing and research purposes.

05. How do we use your personal information?

We use personal information for many purposes in connection with our functions and activities, including the following purposes:

• provide you with information or services that you request from us;
• deliver to you a more personalised experience and service offering;
• improve the quality of the services we offer;
• internal administrative purposes;
• marketing and research purposes;

Please note that the purposes that apply to you will vary depending on the relationship we have.

Doing business with you:

Responding to your queries; Establishing you/your organization in our systems; Providing you/your organization with products and services you have requested from us; Processing payments in respect of our products and services; registration of your products; troubleshooting; sending you product or service related communication; Managing and administering the user accounts and profiles you have with us; Managing our business relationship; Resolving any complaints from or disputes with you.

Legal and regulatory compliance:

Performing identity, financial and credit searches, screening and checks; keeping records; Maintaining the security and integrity of our systems, platforms, premises and communications (and detecting and preventing actual or potential threats to the same); Monitoring our systems and processes to identify, record and prevent fraudulent, criminal and/or otherwise illegal activity; Complying with instructions, orders and requests from law enforcement agencies, any court or otherwise as required by law; Complying with our general regulatory and statutory obligations (including our responsibilities under codes of conduct); Obtaining legal advice, establishing, defending and enforcing our legal rights and obligations in connection with any legal proceedings (including prospective legal proceedings).

General business requirements:

Continuously reviewing and improving our products and services (including by seeking and obtaining your feedback) and developing new ones; business and commercial analysis; scientific research; Monitoring and producing statistical information regarding the use of the our services and analyzing and improving their functionality; Training our staff; Purchasing, maintaining and claiming against our insurance policies; Managing the proposed sale, restructuring, transfer or merging of any or all part(s) of our business, including to respond to queries from prospective buyer or merging organisation.

Marketing:

Managing, planning, and delivering our business and marketing strategies (including recording and reporting on our business development activities); Sending you information about similar and/or related products and services; sending you marketing communication; Analyzing how our marketing communication is used by you; Conducting surveys for benchmarking, continuous improvement, and marketing purposes.

06. How do we use patient's personal information?

When you are a dental or orthodontic patient, your doctor may treat you with the assistance of Envista Services (such as Spark application) and Clever TPS. In these circumstances, your doctor will be responsible for the handling of any personal information that you provide during your treatment. If you have any questions about your personal information, you should read your doctor's privacy notice or consult with your doctor.

Whereas we primarily act as a service provider on behalf of your doctor, we may also process your provided personal information to comply with the law, to establish or defend legal claims or to perform (on an anonymous basis only) research and development in relation to our services. In such cases, we will be responsible for the handling of your personal information for these purposes.

If you have indicated that you would like to receive a newsletter or other marketing communication we will also use your personal information to send this to you.

If you use Social Media (including Facebook, Twitter or Instagram) and you use one of our public campaigns as a hashtag or use one of our product names (such as #CleverTPS) we may use your reviews of our products or services from these sites and re-post them on our own social media sites. If you do not wish this to happen, please do not use these hashtags. By posting or otherwise making available any content about your experience of our services and responding “yes” if we ask for your permission to re-post content on our own social media sites you are confirming that you are 13 years or older and that you agree to the terms and conditions listed on our social media sites.

07. How do we protect children's personal information?

We do not knowingly collect or use any personal information from children unless the information is collected from a parent or guardian. If you are a child, please do not provide your personal information to us. If you are a parent and become aware that your child has provided personal information to us, please contact us at the contact addresses listed above and we will help you to resolve this issue. If we learn that we have collected personal information from a child, we will take reasonable steps to delete that personal information.

08. Where do we collect your personal information from?

Primarily, we collect your personal information directly from you in the course of our business relationship, when you sign up for marketing communication or when you use our services. In some cases, we also collect personal information from publicly accessible sources (eg the Internet, the press, trade and association registers) or from Envista (ORMCO B.V.) or from other third parties (eg a credit agency).

09. Disclosure of personal information to third parties

We may disclose your personal information to third parties in accordance with this Policy in circumstances where you would reasonably expect us to disclose your information, if this is necessary for the purposes described above, you given us your consent, or we are obliged to do so by law. For example, we may disclose your personal information to:

• our third-party service providers (for example, our IT providers);
• our marketing providers;
• our professional services advisors;
• our contractors;

10. What are our legal justifications?

We only collect and use your personal information if we have a valid legal reason to do so.

Your consent:

You have provided consent for us to collect and use your personal information for a specific purpose. For example, you have consented to receiving marketing communication.

Contract between us:

We need your personal information to comply with our obligations or to exercise our rights under a contract with you, or you have asked us to take specific steps before entering a contract. For example, we need your contact details to respond to your queries.

Our legal obligation:

We need your personal information to comply with the law. For example, we need your payment details to comply with tax laws.

Legitimate business interests:

We need your personal information for a specific business interest, and we do not see significant impacts on you that are stronger than our business interest. For example, we need your usage details to maintain the security and integrity of our systems, platforms, premises, and communications.

11. Transfer of personal information overseas

Clever TPS does not transfer your personal information overseas.

In any case, if we will disclose your personal information to third parties overseas, we will take reasonable steps to ensure that data security and appropriate privacy practices are maintained. We will only disclose to overseas third parties if:

• you have given us your consent to disclose personal information to that third party; or
• we reasonably believe that:
• • the overseas recipient is subject to a law or binding scheme that is, overall, substantially similar to the GDPR and all applicable laws; and
  • the law or binding scheme can be enforced; or
• the disclosure is required or authorised by a EU member state law or court / tribunal order.

12. How do we protect your personal information?

Clever TPS will take reasonable steps to ensure that the personal information that we hold about you is kept confidential and secure, including by:

• having a robust physical security of our premises and databases / records;
• taking measures to restrict access to only personnel who need that personal information to effectively provide services to you;
• having technological measures in place (for example, anti-virus software, fire walls);

13. Online activity

The Clever TPS website uses cookies. A cookie is a small file of letters and numbers the website puts on your device if you allow it. These cookies recognize when your device has visited our website before, so we can distinguish you from other users of the website. This improves your experience and the Clever TPS website.

We do not use cookies to identify you, just to improve your experience on our website. If you do not wish to use the cookies, you can amend the settings on your internet browser so it will not automatically download cookies. However, if you remove or block cookies on your computer, please be aware that your browsing experience and our website's functionality may be affected.

Website analytics

Our website uses analytics services to help us better understand visitor traffic, so we can improve our services. Although this data is mostly anonymous, it is possible that under certain circumstances, we may connect it to you.

Direct marketing

We may send you direct marketing communications and information about our services, opportunities, or events that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS, fax, and email, in accordance with applicable marketing laws. You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

You may opt-out of receiving marketing communications from us at any time by following the instructions to “unsubscribe“ set out in the relevant communication / contacting us using the details set out in the “How to contact us” section below.

14. Retention of personal information

We will not keep your personal information for longer than we need to. In most cases, this means that we will only retain your personal information for the duration of your relationship with us unless we are required to retain your personal information to comply with applicable laws, for example record-keeping obligations.

15. What rights do you have in relation to your personal information?

You have various rights in relation to your personal information. Depending on the applicable data protection laws, you may have the right to:

• withdraw your consent;
• access your personal information and be provided with certain information in relation to it, such as the purpose for which it is used, the recipients or categories of recipient to whom it is disclosed and the period for which it will be stored;
• ask us to correct any inaccuracies in your personal information;
• ask us to erase your personal information;
• ask us to restrict the use of your personal information;
• receive the personal information which you have provided to us, in a machine readable format;
• object to the use of your personal information; other
• instructs us how to handle your personal information after your death.

We encourage you to let us know if you have any concerns about how we are handling your personal information so we can try to resolve your concerns. However, if you think that we have not complied with data protection laws, you have the right to submit a complaint with your data protection supervisory authority.

16. How to access and correct your personal information

Clever TPS will endeavour to keep your personal information accurate, complete, and up to date.

If you wish to make a request to access and / or correct the personal information we hold about you, you should make a request by contacting us and we will usually respond within 10 days. We will deal with such a request by following the procedure outlined below:

• contact us using the general contact email: [email protected] and use your name and surname in the subject followed by “PI access/correct”

Please understand that your rights can be restricted in certain cases. Should this be the case, we will inform you of the reason.

17. Links to third party sites

Clever TPS website may contain links to websites operated by third parties. If you access a third party website through our website, personal information may be collected by that third party website. We make no representations or warranties in relation to the privacy practices of any third party provider or website and we are not responsible for the privacy policies or the content of any third party provider or website. Third party providers / websites are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.

18. Inquiries and complaints

For complaints about how Clever TPS handles, processes or manages your personal information, please contact us. Note we may require proof of your identity and full details of your request before we can process your complaint.

Please allow up to 10 days for Clever TPS to respond to your complaint. It will not always be possible to resolve a complaint to everyone's satisfaction. If you are not satisfied with Clever TPS's response to a complaint, you have the right to contact the National Supervisory Authority For Personal Data Processing to lodge a complaint.

19. How to contact us

If you have a question or concern in relation to our handling of your personal information or this Policy, you can contact us for assistance as follows:

Email: [email protected]
Post: Clever TPS - Soboh Husam
Address: Romania, Bucharest - sector 3, street Mavrogheni Nicolae 4, floor 3, apartament A3, camera 3, postal code 030181