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Privacy policy2

In this Privacy Policy, the expressions “HiSmile”, “we”, “our” and “us” are a reference to HiSmile Pty Ltd ACN 602 929 886 and its Australian related bodies corporate (as defined by the provisions of the Corporations Act 2001 (Cth). We are bound by the Privacy Act 1988 (Cth) (“the Privacy Act”) and the Australian Privacy Principles (“APPs”). As a global business, we also comply with various jurisdiction--specific privacy provisions outlined in this policy.

HiSmile maintains the websites and associated features and mobile applications located at www.hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com (collectively the “Site”).

This Privacy Policy outlines in general terms how we collect, hold, use and disclose your personal information. Unless stated otherwise, this policy does not apply to third-party websites, products, or services, even if they link to our Site, and you should consider the privacy practices of those third-parties carefully.

By visiting and continuing to access our Site, you are agreeing to the terms and conditions set out in this policy.

1. Information Collected

The types of personal information that we collect about you will depend on our relationship with you and may include the following:

  • Your name, gender, date of birth, contact details, photos;
  • Your financial information, including your bank account and credit card details;
  • Any other information that we may need to identify you as well as any information that you provide to us on our website.

We may collect personal information where you input information into our website, purchase our goods, sign up to our newsletter, and/or from cookies and traffic data.


2. How we use and disclose your personal data

We may use your personal data in the following ways:

  • To provide you with our goods and services;
  • To improve our goods and services;
  • To send you updates and promotional information relating to our products;
  • For research purposes. Some of the data provided may be de-identified e.g. no name or reference to data from which you are reasonably likely to re-identified by; and
  • To maintain records and comply with our legal obligations.

We may also disclose your personal information to:

  • Our employees, contractors and third-party service providers. This includes social network providers, payment providers (e.g. for goods purchased from us with others that may manage our brand or product promotions) and for others that may develop or maintain our systems or technology which will enable us to enhance and better our offering for your continued use;
  • Those parties who we are required to provide your personal information to by law, for example, to comply with a court order, prevent illegal use or to defend third party claims;
  • Associated businesses that may wish to market products to you; and
  • For research purposes. Some of the data provided may be de-identified e.g. no name or reference to data from which you are reasonably likely to re-identified by; and
  • Those persons that we may sell all or a portion of our business to, as well as their agents and advisors.

3. Cross Border Disclosure

Any personal information collected and held by HiSmile may be disclosed to, and held at, a destination outside Australia. Generally speaking this is because HiSmile is a global operation selling products in many countries throughout the world. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.

In addition we may utilise overseas IT services (including software, platforms and infrastructure), such as data storage facilities (e.g. Snowflake) or other IT infrastructure (e.g. Stitch). In such cases, we may own or control such overseas infrastructure or we may have entered into contractual arrangements with third party service providers to assist HiSmile with providing our products and services to you.

As we utilise Cross Border IT Services and platforms which can be accessed from various countries via an Internet connection, it is not always practicable to know where your information may be held.

3.1 Provision of informed consent

By submitting your personal information to HiSmile, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

The Privacy Act 1988 (Cth) requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988 (Cth). By providing your consent, under the Privacy Act 1988 (Cth), we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

3.2 If you do not consent

If you do not agree to the disclosure of your personal information outside Australia by HiSmile, you should (after being informed of the cross border disclosure) tell HiSmile that you do not consent. To do this, either elect not to submit the personal information to HiSmile after being reasonably informed in a collection notification or please contact us through privacy@hismileteeth.com.


4. Uses and Disclosures for Cross Border Shipments

If you engage in electronic commerce on this website, please be aware that cross border shipments are subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and product information (such as name and titles) to our international carriers and such information may be communicated by the carriers to customs authorities. Customs authorities require the value of the product item to be stated directly on the package.


5. Buy Now Pay Later Providers (Interest Free Payments)

In some cases, we act as an intermediary for your nominated Interest Free Payment Provider (e.g. Klarna, Afterpay and Zip) in order to facilitate the processing of your interest free payment in relation to any products you purchase from us, which shall include but is not limited to verifying your identity. To the extent necessary, you expressly consent to HiSmile disclosing your personal information, including any information derived from your credit information, to your payment provider.

HiSmile does not provide any personal information to any credit reporting bodies unless required by law. However, your nominated interest free payment provider may perform credit checks and may disclose your credit information to one or more credit reporting bodies. For further information refer to the payment providers privacy policies here: Klarna’s Privacy Policy; Afterpay Privacy Policy and Zip Privacy Policy.


6. Direct Marketing (Opt-Out)

From time to time we may use your personal information to provide you with current information about offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company with whom we are associated.

If you do not wish to receive marketing information, you may at any time decline to receive such information by contacting us through privacy@hismileteeth.com. If the direct marketing is by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.


7. Data Security

We have adopted a number of measures to ensure that the security of your personal information is maintained. Such measures include:

  • The adoption of internal practices, procedures and systems – this includes the training of staff with respect to the risks and threats to personal information, providing them with access to our internal policies and procedures on this issue and taking disciplinary action if they are found to have breached our policies;
  • Access security – we ensure that access to personal information is provided on a ‘need to know’ basis and is secured with password protection;
  • Destruction and de-identification – when we no longer need your personal information for the purposes detailed in this policy or as required by law, we will take reasonable steps to destroy or de-identify the personal information that we have collected.

We may combine personal information we receive about you with other information we hold about you. This includes information received from our partners or third parties. Secure Sockets Layer (SSL) encrypts the information you send through our website.


8. Cookies

Cookies are small files we send that are stored on your web browser. We use cookies for the following reasons:

  • Enhance your online website experience;
  • To track and report on website usage;
  • To personalise your experience and make it easier for you to do what you want.

You can change your browser’s cookie settings via your browser privacy settings.


10. Access and Correction

You may seek to access, delete (where permitted by law) or correct personal information which we hold about you. We will provide that access in accordance with the applicable laws, however there are certain exemptions, which may apply to the provision of that information. In certain circumstances, we may charge a reasonable administration fee for granting access to information.

If we have obtained your consent to process certain personal information, you may withdraw your consent at any time. If you would like to obtain access to or correct personal information, please contact:

HiSmile Postal Address: Shop 1-7, 2563 Gold Coast Highway, Mermaid Beach QLD Australia, 4218

Email Address: privacy@hismileteeth.com


11. Jurisdiction-specific Provisions

Our Site sells products and services to customers throughout the world. As a company based in Australia we are primarily bound by the Privacy Act 1988 (Cth) (“the Privacy Act”) and the Australian Privacy Principles (“APPs”) and we will manage your personal information pursuant to these laws. In addition, as we process personal information of data subjects inside the EEA we are also bound by Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR). We also comply with the United States Children’s Online Privacy Protection Act (COPPA) 1998.

11.1 Residents of the European Economic Area (EEA) and the United Kingdom.

The purpose of the following data protection information is to provide you with an understandable, transparent and concise explanation of how we intend to process your personal data in accordance with Articles 13 and 14 of the EU General Data Protection Regulation (GDPR). However, should you require further explanations relating to data protection at HiSmile or wish to exercise any of your rights, please do not hesitate to contact our Privacy Officer at privacy@hismileteeth.com or via the Contact Us page on www.hismileteeth.com/pages/contact-us.

HiSmile recognises the below rights which you enjoy under the applicable data protection law with respect to your personal data:

  • Right to be informed: You have the right to be informed about the collection and use of your personal data. This information is set out in the terms of our Privacy Policy.
  • Right of access: You may request information from HiSmile at any time as to whether HiSmile has stored your personal data and which personal data it has stored. We are required to provide this information to you free of charge.
  • Right to rectification: If your personal data stored by HiSmile is inaccurate or incomplete, you have the right to demand at any time that we correct the information.
  • Right to erasure: You have the right to demand that HiSmile erase your personal data if and to the extent that the data is no longer needed for the purposes for which it was collected or if the data is processed on the basis of your consent and you have opted to revoke your consent. In such cases, HiSmile must cease processing your personal data and remove that data from its IT systems and databases.
    You do not have a right to erasure if:
    • The data may not be deleted due to a statutory obligation or must be processed due to a statutory obligation
    • The processing of data is necessary for the establishment, exercise or defence of legal claims.
  • Right to restriction of processing: You have the right to demand that HiSmile restrict the processing of your personal data.
  • Right to object to processing: If your data is processed by HiSmile on the basis of Article 6 (1) (f) GDPR, you may object at any time to processing by HiSmile. You may assert any and all of the rights of data subjects described above against HiSmile by addressing your specific requests by contacting our Privacy Officer via privacy@hismileteeth.com.
  • Right to lodge a complaint with a data protection supervisory authority: Pursuant to Article 77 GDPR, you have the right to lodge a complaint with a data protection supervisory authority if you believe that the processing of your personal data infringes data protection law.

11.2 Children under 13 years residing in the United States

In compliance with the United States Children’s Online Privacy Protection Act (COPPA) 1998, you are not permitted to use our Site, or provide personal information through our Site if you are under 13 years of age.


12. Complaints or Disputes.

If you have any concerns or complaints about your privacy and the Australian Privacy Principles, or you have any queries on how your personal information is collected or used please contact us at privacy@hismileteeth.com.

We will respond to your query or complaint within a reasonable time. If you are dissatisfied with our response, you may make a complaint to the relevant privacy regulator, which, in Australia, is the Office of the Australian Information Commissioner who can be contacted on either www.oaic.gov.au or 1300 363 992.


13. Changes to this Privacy Policy.

This policy may change at any time, in this event we will post a notification on our website. This privacy policy was last updated in August 2020.