Privacy Statement

INTRODUCTION

Your privacy is very important to Align Technology, Inc. and its affiliates ("Align", "we", "us" and "our"). This Privacy Statement explains how we collect, protect, use and share your Personal Information (i.e., information about an identified or identifiable natural person).

Align designs, manufacturers and markets the Invisalign system and iTero intra-oral scanners, OrthoCAD services, Smile Consult and the My Invisalign Smile app, which enables users to track and share progress whilst undergoing Invisalign treatment by uploading images, sharing stories, creating appointment reminders and receiving notifications (the "App"). The following discloses how we collect, use and share the information we gather on our websites and our App (collectively, the "Sites").

In general, you can visit our Sites without telling us who you are or revealing any Personal Information about yourself. There are times, however, when we may seek information from you, about yourself or someone you know, such as name, email address and/or home address. It is our intent to let you know before we collect such Personal Information from you on the Internet and to get your consent to process such information where required.

By using our Sites, you consent to our collection, use, disclosure, transfer and processing of Personal Information in accordance with this Privacy Statement.

INFORMATION WE COLLECT FROM YOU

We collect Personal Information of customers, patients (former, potential and current), patients' parents/guardians, physicians, and website visitors when you register to become a member of our Sites or via on-line forms or when you download and use the App, including for example, when you sign up to receive news alerts from us or to undergo a smile assessment. Such information may include your name, address, telephone number, email address, date of birth or age, gender, income information, credit card and other financial information related to payments for services, dental records, physician information, photographs and other information you choose to provide. In addition, when visiting our Sites we may collect sensitive data about you such as health information regarding your teeth, including images of your teeth. Users of the App may also have information about their aligner wear, aligner stage, scheduled appointments, and treatment progress shared with their treating physician as part of your participation in the Remote Care functions of the App.

We will notify you of such purposes at the time that we request to collect Personal Information, including sensitive data, from you and will endeavor to only collect the information that is strictly necessary to fulfil those purposes.

Where we collect health data via our Sites, we will ask for your explicit consent to the collection of sensitive data and acceptance of the terms of this Privacy Statement.

We will also collect information about your use of our Sites as described in the section "Cookies and Advertisements" below.

On occasions you may choose to provide us with Personal Information about other people so that, for example, we can contact them with information about us. You must only share their Personal Information with us if you have obtained their consent and permission to do so.

WHAT DO WE DO WITH THE INFORMATION WE COLLECT?

We use your Personal Information for a variety of business purposes, including:

  • to set up and otherwise manage your member account in our Sites.
  • to allow you to use, purchase, book and/or download products and services such as for example the purchase of cleaning supplies.
  • to provide you with information about our products, services, news and events we believe may be of interest to you.
  • to provide details of physicians and their practices and submit contact requests to them.
  • to invite you to take part in our surveys or become a member of a fan club (where applicable).
  • to gather demographic information about user trends, such as age, gender, and general income levels.
  • to provide certified physicians with information on actual or prospective patients.
  • to analyse use of our services and products, develop new services and products, and customise our products, services and other information we make available.
  • to use content uploaded to the App for sharing via social media and to make copies of your content to advertise Invisalign products and services on the Internet, on TV, in publications or in any other medium. We will never display your name in any promotional material we create without your explicit consent, but you should be aware that other people may still recognise you from your photograph.

We do use a robust combination of data sources (online, orders, customers, etc.) to get a full picture of our product and marketing efforts. This data is only for our efforts and we do not share your Personal Information with other businesses for them to use for purposes other than their work with us.

WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We partner with other businesses to assist us in our marketing, communications, and sales efforts, and may share your Personal Information for these purposes where you have given us consent to do so or where permitted by law. These partners are not allowed to use your information for any purpose other than doing business with Align.

In addition, any information we collect, including Personal Information, may be disclosed as part of any potential or actual purchase, reorganisation, merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership, in which case Personal Information could be transferred to third parties as one of our business assets.

We may also disclose your Personal Information: if we believe that doing so is required by law, court order or legal process; under the discovery process in litigation; to enforce our legal rights, policies or contracts; to collect amounts owed to Align; when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or if in good faith we believe that disclosure is otherwise necessary or advisable necessary.

Users of the App whose treating physician enroll them in, and who accept, the Remote Care function of the App may also have information about their aligner wear, aligner stage, scheduled appointments, and treatment progress shared with their treating physician(s). To un-enroll in the Remote Care feature of the App, please contact your treating physician or privacy@aligntech.com.

You may access a list of current subprocessors that Align uses for various services here.

COOKIES AND ADVERTISEMENTS

Like many websites, our Sites use cookies. Additionally, we engage in interest-based advertising to provide you ads that are tailored to your interests. Please refer to Cookies & Ads for further information

ONLINE TRACKING

Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Align does not recognise or respond to browser-initiated DNT signals.

CHILDREN’S PRIVACY

At Align, we do not intend to collect any information from children under the age of thirteen (13), unless the information is collected from a parent or guardian. While we cannot stop a child from accessing the Sites, we do not collect any Personal Information without making it clear that the person providing the information must be at least 13 years old. If you are a parent or guardian and believe your child under 13 has provided us Personal Information which you would like to review or request be deleted, or you have questions about our Sites collecting information from children, please contact us at Privacy@aligntech.com.

Please note that the age threshold mentioned above may vary depending on applicable legal requirements in your country. If this is the case, we will indicate it accordingly at the time of collection.

LINKS TO OTHER SITES

Our Sites may contain links to other websites merely as a convenience. Align is not responsible for the privacy practices or the content of such other websites, and inclusion of links does not mean we endorse the information or company. This means that if you connect to another site through our Sites, we are not responsible for and we cannot control what they do with your information.

Also, you may have the opportunity to share your information with other websites, such as social media sites. We may provide a convenient link to let you do this easily, but we are not responsible for and we cannot control their website or your posts/sharing. You are encouraged to review the privacy policies and information collection practices of these other websites and social media sites.

MARKETING AND DO NOT CONTACT

We may send you information about us from time to time if you have given us your consent (where required).

Align provides you the opportunity to request to stop receiving electronic communications from either Align or our partners by withdrawing your consent. If you do not want to receive communications from us, please tell us when we collect your information or write us at any time remove@aligntech.com and make sure to include your country location. You may also use the convenient unsubscribe feature included with emails. Please allow us enough time to process your request.

Keep in mind, this withdrawal of consent does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us, for example, if you sign up to receive news alerts from us.

SOCIAL MEDIA

We love hearing from you on our social media platforms, so feel free to post a comment to share your experience or to connect with our active community of Invisalign patients.

Please keep in mind that as a medical device company, we're subject to strict regulation on all social media platforms and communicating about Invisalign with the public. As with other medical device companies, compliance with these rules requires us to remove posts or provide clarification where information posted by visitors on this site is inaccurate or is considered by us to be misleading.

To set the stage, here are our rules of engagement in social media:

Invisalign is a Class II medical device that is strictly regulated by the United States Food and Drug Administration, which requires that all promotion of Invisalign (including those on our Facebook page) be truthful, non-misleading, and fairly balanced. Furthermore, like other device manufacturers, Align is obligated to provide clarification or remove any posts from our Facebook pages that we deem inconsistent with Invisalign's intended use or are otherwise incorrect or misleading. We provide information relating to our product Invisalign; we do not provide medical advice. Please discuss all medical questions with your healthcare provider. If you're an Invisalign patient, we cannot and will not address or comment on your specific treatment-related questions or issues in this forum. Questions or issues relating to treatment should always be directed to your Invisalign provider. We believe the world is a better place with more smiles in it. Play nice or your posts will be removed (e.g., no profanity or defamatory, offensive, abusive or unlawful posts).

Please avoid discussions about medical advice you've received from your Invisalign provider or other health care professionals. This information should not be shared on our Facebook pages. We require all participants (experts, endorsers, patients, doctors, etc.) contracted, seeded, incentivized, or in any way compensated by Align Technology, Inc. to disclose their affiliation with us in their posts. Unless explicitly authorized by us in writing, please do not represent that you have authority to speak on behalf of Align Technology. Please avoid any unauthorized use of Align Technology's intellectual property, including, but not limited to, logos, trademarks, and copyrights, in any way or manner.

Please do not use Align Technology's or Invisalign's name in any online identity (e.g., username, screen name, handle, and identifier). This site will be monitored for compliance with these Guidelines. We look forward to connecting with you on our social media platforms. Remember, if you're an Invisalign patient and have specific questions about your treatment, please direct these questions to your Invisalign provider. We also encourage you to visit our FAQ page for answers to the most common questions about Invisalign: www.invisalign.com.sg/faq.

Invisalign User Generated Content Policy:

The Invisalign User Generated Content Terms and Conditions can be found here.

Disclosures:

All information shared on Invisalign social media platforms, including information relating to dental, medical and health conditions, products, and treatments, is for informational purposes only. This information is not complete and is not intended to be used in place of a patient visit, call, consultation, or advice from a medical professional or any information contained on or in any product packaging or labels. Information shared is not exhaustive and does not cover all ailments, physical conditions, or their treatment. The information posted is to be used at your own risk. You should never disregard dental or medical advice or delay obtaining medical advice because of something you have read online. You should not rely on information obtained online to diagnose a dental, medical, or health problem.

Content posted by third parties on this site remains the responsibility of the party posting the content. Third party content is not adopted or endorsed by Align Technology, Inc., nor does it represent Align Technology's opinions. Any opinions or statements posted by third parties are their own and may not be representative of the experience of others, nor indicative of any product performance or treatment outcomes. Align Technology does not endorse or adopt any content on a third party site that is linked to this page. You should also be aware that if you have a business relationship with Align Technology or a beneficial interest in making a comment on this site, we require that you disclose this relationship in your post.

Invisalign social media platforms are intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to us on our social media platforms. We do not knowingly collect information or user generated content from individuals under the age of 13. If a parent, guardian, or anyone else becomes aware of user generated content shared from an individual under the age of 13, please email us at marketingSEA@aligntech.com.

Align Technology sponsors this page but isn't affiliated with Facebook and has no control over how Facebook or other third parties use the information you share on the site. You should be familiar with Facebook's privacy and security policies, and understand how your information can be displayed and used throughout the site as well as other third party sites that may be linked to by Facebook. For information about how Align Technology may use the information you provide, please visit https://www.invisalign.com.sg/privacy-policy.

INTERNATIONAL DATA TRANSFERS

Align operates globally and may therefore transfer your Personal Information to other countries in which Align operates, including countries other than your country of residence. Your Personal Information may also be stored on our servers, which may be located outside your country of residence. However, we will continue to protect your information in accordance with this Privacy Statement and our Binding Corporate Rules. By providing us your Personal Information, you agree to such transfers, processing and/or storage anywhere in the world, including the United States.

SECURITY

The security of all Personal Information provided to Align is important to us, and Align endeavors to take reasonable steps designed to protect your Personal Information. Our Sites have security measures in place to try to protect against the destruction, loss, misuse and alteration, unauthorised disclosure or access of the information under our control. Our web portals, such as the Invisalign Doctor Site, transmit patient information (including any Personal Information) securely via HTTPS. These portals require customer accounts and are not available to the general public. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while Align strives to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to Align, and you do so at your own risk.

YOUR RIGHTS

To learn more or to exercise any of your personal information privacy rights concerning access, disclosure, amendment, or deletion (as determined and to the extent permitted by local applicable law), please make a submission using our Privacy Rights Web Form.

UPDATES

We may update this Privacy Statement from time to time as we deem necessary in our sole discretion. When we do, we will revise the last updated date at the beginning of the Privacy Statement. Notice of such update and/or modification will be provided on our Sites or as otherwise required by applicable law. We encourage you to periodically review this statement to stay informed about how we collect, use and share Personal Information. Your continued relationship with Align after the posting or notice of any amended Privacy Statement shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Statement take effect immediately after being posted or otherwise provided by Align.

CONTACT US

If you have any questions about this Privacy Statement, the privacy practices of our Sites, your information, your rights regarding your information, or your dealings with our Sites, please contact:

Global Headquarters

Align Technology, Inc.

Attention: Privacy Officer

2820 Orchard Parkway

San Jose, CA 95034

Privacy@aligntech.com

Last updated: April 2020.