Terms of Use

These iSmile End User Terms of Use (“TOUs”) apply to your access to and use of iSmile products and services, including subscription services and software applications, functionalities, APIs, tools, interfaces and documentation provided in connection therewith (collectively, “iSmile Platform”) provided by iSmile, BlueSkyBio, or their affiliates (“iSmile”) or an iSmile authorized reseller, distributor or other partner (“iSmile Partner”). These TOUs may be modified pursuant to a service agreement or order (the “Service Agreement”) agreed to between iSmile, or a iSmile Partner, and the organization that contracted for your use of the iSmile Platform (“Customer”), in which case these TOUs shall apply as modified. Contact your administrator for a copy of any modified TOUs, if applicable.

Your compliance with these TOU’s is a condition to iSmile’s obligation to make the iSmile Platform available. IF YOU DO NOT AGREE TO THE TOU’s, THEN DO NOT ACCESS OR USE (OR AUTHORIZE ANYONE TO ACCESS OR USE) THE iSmile PLATFORM AND CONTACT YOUR ADMINISTRATOR.

THESE TOU’S ALSO INCLUDE IMPORTANT INFORMATION REGARDING YOUR ACCESS TO AND USE OF EMERGENCY SERVICES (i.e., 911, 999, 112, 000, etc.), INCLUDING LIMITATIONS RELATIVE TO TRADITIONAL TELEPHONE SERVICES.

1. USE RESTRICTIONS

 

You agree as follows:

  • Not to take any action or omission that would reasonably be expected to (1) disrupt or compromise the integrity or security of the iSmile Platform, the network of an iSmile partner or vendor, or the privacy of any other iSmile customer or (2) cause imminent and material damage to iSmile or any of iSmile’s partners, vendors or other customers;

  • Not to use or access the iSmile Platform:

  • for any fraudulent, criminal, defamatory, harassing or tortious purpose, or to participate in or promote any illegal activity;

  • to breach, violate or infringe intellectual property, privacy or other rights, or misappropriate the property of, any third party;

  • to transmit or store any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware or similar programs or materials;

  • to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value; or

  • to transmit or broadcast unsolicited, or “junk” or “spam,” marketing or promotional materials or messages through pre-recorded voice messages, SMS, facsimile or other means, other than in compliance with all applicable laws, regulations, codes, ordinances, treaties, conventions, and court and administrative orders and rulings (collectively, “Laws”);

  • Not to inspect, possess, use, copy, reverse engineer, or attempt to discover the source code of or used to create any program or other component of the iSmile Platform, except as expressly permitted by applicable Laws;

  • Not to attempt to hack or gain unauthorized access to any network, environment, or system of iSmile or any of iSmile’s partners, vendors or other customers;

  • Not to sell, resell, license, sublicense, distribute, offer, rent or lease the iSmile Platform, or otherwise make the iSmile Platform or any part thereof available to any third party, or use the iSmile Platform as an agent or on behalf of any party other than Customer and any permitted affiliates;

  • Not to access the iSmile Platform in order to build a competitive product or for the primary purpose of monitoring its availability, performance or functionality, or for benchmarking or competitive purposes;

  • Not to trunk or forward extensions or numbers associated with the iSmile Platform to a private branch exchange or key system or to other numbers that can process multiple calls simultaneously.

 

2. INTELLECTUAL PROPERTY RIGHTS AND LICENSES

 

All rights, title and interest in and to the BlueSkyMeet Platform, including intellectual property rights, will remain with BlueSkyMeet and belong exclusively to BlueSkyMeet. Subject to the terms of Customer’s Service Agreement, and your compliance with these TOUs, BlueSkyMeet grants you a limited, non-exclusive, non-transferable license to use software applications provided in connection with the BlueSkyMeet Platform during the term of the Service Agreement.

You hereby assign to BlueSkyMeet all right, title and interest (including intellectual property rights) in and to any new feature improvement, suggestion, enhancement request, recommendation, correction, idea or other feedback that you may provide to BlueSkyMeet relating to the BlueSkyMeet Platform (collectively, “Feedback”), and you agree that BlueSkyMeet shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever without compensation to you.

 

3. MISCELLANEOUS

 

Your covenants under these TOUs are for the express benefit of BlueSkyMeet. BlueSkyMeet makes no representation or warranty, and shall have no liability, to you pursuant to these TOUs.

Privacy Notice

This Privacy Notice applies to personal information that we process about:

  • visitors to our website our suppliers, vendors and business advisors;

  • our existing, prospective and past customers;

  • visitors to our offices; and

  • authors of publicly available research material.

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Notice.

We recommend that you read this Privacy Notice in full to ensure you are fully informed.

What personal information does iSmile collect and why?

In general, we will use the personal information we collect from you only for the purposes described in this Privacy Notice or for purposes that we explain to you at the time we collect your personal information. However, we may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you if and where this is permitted by applicable data protection laws.

During the course of our relationship with you we may collect other information than that detailed in this Privacy Notice. If we ask you to provide information voluntarily then the personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If we obtain the information from other sources then we will only do so where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

Website Visitors

If you are a visitor to our Website, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws. Specifically, the information we collect automatically may include information like your IP address, associated device type, unique device identification numbers, browser-type, operating system, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our Website, including the pages accessed and links clicked, when those pages were accessed, how long they were viewed.

Collecting this information enables us to better understand the visitors who come to our Websites, where they come from, and what content on our Websites is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Websites to our visitors.

Prospective Customers

If you are a prospective customer (who may also use our Websites), the personal information that we may collect about you falls broadly into the following categories:

Information that you provide voluntarily.

Certain parts of our Websites may ask you to provide personal information voluntarily: for example, to submit an enquiry about our products and services, or to request a quote; to subscribe to marketing communications from us and/or to submit enquiries to us. We will use this information to communicate with your organization about our Websites, products and services, to send you offers, for our other legitimate interests or those of a third party, or to comply with a legal obligation to which we are subject, for example to investigate and help prevent unlawful or potentially unlawful activity. We may also gather information from our prospective customers through offline communications, such as in-person meetings and phone calls, or corporate/industry events.

Calls with iSmile’s sales, customer service and other iSmile departments may be recorded to gather information to improve our customer service. However, if you would prefer that your call was not recorded, you can opt out by stating this, or by hanging up.

In general, the personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point that we ask you to provide your personal information; however, it may include: your full name, company, work email address, work phone number, country; and in relation to your employer your industry, revenue, number of employees and purchasing timeframe.

Information that we collect automatically.

If you use our Websites to enquire about our products and services, or otherwise interact with us via a digital device, we may collect that information described more clearly in the “Website Visitors” section, above. We use this information to help us analyze how you use our Website and services and to better match your experience with our Websites and services to your organization’s interests. In addition, we may also collect information about your viewing of our emails (for example, information about whether or not you have opened the email), so we can understand the success of our email campaigns and improve our marketing.

Information that we obtain from third party sources.

From time to time, we may receive personal information about you from third party sources (including third party websites, data brokers or credit reference agencies), but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

The types of information we collect from third parties include biographical information about you and your job role or marketing information; and we use the information we receive from these third parties to help us market our products and services to you, or otherwise develop and improve our products and services.

Customers

If your organization is a current customer (who may also use our Websites), we may already have collected information about you when your organization was a prospective customer and we will continue to use this information in accordance with our data retention policies.

In addition, where your organization is a current customer, the further types of personal information that we may collect about you falls broadly into the following categories:

Information that you provide voluntarily.

We collect information to enable us to manage and deliver our online services, support and training, for example:

  • we will collect your username and password for your organization’s account when you register to use our services (including via our online portal);

  • we may also collect additional personal information relating to you or your organization, including your name, address, email address, telephone number and/or payment card details during the registration/payment process, or for emergency services registration;

  • Other information you choose to provide to us, for example the purpose of your visit if you visit one of our site locations or any feedback you provide to us in relation to your use of our Websites or services.

We will use this information to respond to your enquiries and requests; to enable your organization to register on our Websites; to administer records about your organization’s account; quality control of and to improve our Websites and services; to provide you and your organization with marketing and other communications about our products and services (where permitted by law); and for the purpose of general business or contract relationship management within iSmile, including auditing the use of our services and establishing, exercising or defending any legal claims against us.

We may also use your personal information for our other legitimate business interests, including providing training and support; to manage any queries, complaints or claims relating to the services that iSmile provides to your organization; for entertainment purposes (e.g. to invite you to events) and to facilitate ongoing relationships; and for investigating and helping to prevent unlawful or potentially unlawful activity that threatens either iSmile, any company affiliated with iSmile, or any of our respective customers.

Calls with iSmile’s sales, customer service and other iSmile departments may be recorded to gather information to improve our customer service. However, we will let you know if your call is being recorded before we do so if you would prefer that your call was not recorded, you can opt out by stating this, or by hanging up.

Who does iSmile share my personal information with?

We may disclose your personal information to the following categories of recipients:

  • to our group companies, third party services providers and partners who provide data processing services to us, for example (i) to support the delivery of, provide functionality on, or help to enhance the security of our Websites or services, (ii) for quality control and assurance, or (iii) improving our services and developing new services. We may also share personal information with such third parties where we consider that such disclosure is necessary to protect the safety or legitimate business interests of those third parties, including to investigate suspected fraud or to trace debtors.

  • to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;

  • to an actual or potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;

  • to any other person with your consent to the disclosure.

Legal basis for processing personal information.

This section applies to European Economic Area visitors only. If you are a visitor from the European Economic Area, 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.

However, we will normally collect personal information from you only (i) where the processing is in our legitimate interests and not overridden by your rights, (ii) where the processing is a contractual necessity, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to enter into a contact with your organization, 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).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Websites or services and to communicate with you as necessary to provide our services to your organization; as well as for our legitimate commercial interests, for instance, when responding to your queries, improving our Website or services, undertaking marketing, or for the purposes of detecting or preventing illegal activities. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at bbb@blueskybio.com

Cookies and similar tracking technology.

We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you.

How does iSmile keep my personal information secure?

We use appropriate technical and organizational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Specific measures we use include SSL encryption technology for protection of sensitive information such as payments when in transit. We have industry-standard administrative, technical and physical safeguards in place to protect the confidentiality, integrity and availability of your personal information. Furthermore, in the US we are validated to HIPPAA and FISMA standards, and in the UK we are certified to ISO27001; ISO9000:2015 and Cyber Essentials certification schemes.

International data transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Specifically, our Websites servers are located in various locations, including the UK and the US, and our group companies and third party service providers and partners operate around the world. This means that when we collect your personal information we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice. These include implementing an intra-group agreement based on the European Commission’s Standard Contractual Clauses for transfer of personal information between our group companies. iSmile Inc. also has certified to the European Union-United States Privacy Shield Framework and the United Stated-Swiss Privacy Shield Framework.

iSmile also requires such third parties to protect personal information they process from the European Economic Area ("EEA") in accordance with European Union data protection law. Further details can be provided upon request.

Children

Children are not eligible to use iSmile’s website and services, and we ask that minors (under age eighteen) not submit personal information to us. If we become aware that we have inadvertently received personal information from an individual under the age of eighteen, we will delete this information from our records.

Information about others

If you provide us with information about another person, you confirm that you have obtained their consent to the processing of their personal data by us (or are otherwise legally entitled to provide us with that information) and that you have informed them of our identity, the purposes for which their personal data will be processed and their rights (as set out in this Privacy Notice), as well as where they can obtain a copy of this Privacy Notice.

Data retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested 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.

EEA data protection rights

If you are a resident of the EEA you have the following data protection rights:

  • If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us

  • You have the right 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.

  • Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

California privacy rights

As noted above, this Privacy Notice applies to personal information that we process about visitors to our Websites, which are directed to our business contacts; our suppliers, vendors and business advisors; our existing, prospective and past customers; visitors to our offices; and authors of publicly available research material.

This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA. We do not, and will not, sell your personal information in any manner that requires an opt-out opportunity under the CCPA. Consumers with disabilities may access this notice through the use of standard screen readers or by emailing info@iSmile.app to obtain a copy in an alternative format.

Updates to this Privacy Notice

We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.

You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at the top of this Privacy Notice.

How to contact us

If you have any questions or concerns about our use of your personal information, please contact us at info@ismile.app

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