Privacy and data protection policy


Updated last on May 24, 2021

 

1.          Introduction

 

L’Institut C.L.E.A.R. Inc. / The C.L.E.A.R. Institute Inc. (“us”, “we”, or “our” or the “C.L.E.A.R.”) operates the *.theclearinstitute.com website (hereinafter referred to as the “Site”).

 

Our goal and the C.L.E.A.R.’s purpose is to: (i) deliver in-person and online peer-to-peer clear aligner training courses (including, without limitations, clear aligners); (ii) offer an online platform for the marketing and delivery of educational content; and (iii) perform various services related to education and content production with respect to clear aligners, including training courses, private consultation sessions, seminars and/or workshops; to general dentists and to their practice teams (including, without limitations, dental hygienists and other practice employees).

 

This page informs you of our policies regarding the collection, use and disclosure of Personal Data when you use our Site or our Applications and the choices you have associated with that data.

 

We use your data to provide and improve the Site and our Applications. By using the Site or our Applications, you agree to the collection and use of information in accordance with this Privacy Policy, to which you are legally bound.

 

2.          Definitions

 

Applications” means any of the C.L.E.A.R.’s websites, digital platform, social media page or account (for example on Facebook, Twitter, Instagram or LinkedIn), software or application;

 

Cookies” are small files created by a server and stored on the hard disk of your computer or on any other device (smartphone, tablet) that you use to access the Internet before being retransmitted to subsequent access to the Internet. When using the term “Cookies”, we include Cookies and similar technologies such as tags, pixels or other web beacons;

 

Personal Data” means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession);

 

Privacy Policy” means this Privacy and Data Protection Policy;

 

Service Providers” means any natural or legal person who processes the data on behalf of the C.L.E.A.R. We may use the services of various Service Providers in order to process your data more effectively;

 

Site” means the *theclearinstitute.com website operated by the C.L.E.A.R.;

 

 “Usage Data” means data collected automatically either generated by the use of the Site or our Applications or from the Site or our Application’s infrastructures themselves (for example, the duration of a page visit);

 

User” means any natural person who is using our Site or our Applications and from whom the Site or our Applications can gather Personal Data.

 

3.          Data Collection and Use

 

We collect several different types of information for various purposes to provide and improve our Site and our Applications for you.

 

By accepting this Privacy Policy and subject to this Privacy Policy, you grant us:

 

(i)          the authorization to collect Personal Data, including, without limitations, when our speakers, coaches, trainers, service providers, employees or representatives dispense training, online or in-person courses, private online or in-person consultation sessions, conferences or other educational activity: to photograph, film and record, on digital cameras, cellphones, computer-integrated cameras or any other device or technique, your voice, sound and image, for the purposes provided in this Privacy Policy;

 

(ii)         a worldwide, perpetual and non-exclusive right, license and privilege to exploit, distribute, use and broadcast the recordings mentioned in item (i) above, through the Applications or in any other way, as well as the non-exclusive right, license and privilege to reproduce, translate and adapt these recordings, in whole or in part, in the Site and in all Applications, and under any format, in the manner and order determined by the C.L.E.A.R.

 

Such assignments and authorizations take effect irrevocably, as and when the recordings mentioned in item (i) above are created.

 

3.1       Types of Data Collected

 

Personal Data

 

While using our Site or our Applications, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (Personal Data). Personally identifiable information may include, but is not limited to:

 

-        Email address;

-        First name and last name;

-        Sex;

-        Date of birth;

-        Information that can be included on an ID to be provided by the User;

-        Password;

-        Phone number;

-        Address, State, Province, ZIP/Postal code, City;

-        Cookies and usage data;

-        Payment information;

-        Recordings of online private consultation sessions;

-        Recordings of online courses;

-        Recordings taken during in-person private consultations sessions.

 

The User is responsible to provide the Site or our Applications with accurate information and to update it in case of any change.

 

Usage Data

 

We may also collect information on how the Site or our Applications are accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, your geolocation data, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

Tracking Cookies Data

 

We use Cookies and similar tracking technologies to track the activity on our Site and our Applications and we hold certain information, the whole in accordance with our Cookies Policy, available here.

 

3.2       Use of Data

 

The C.L.E.A.R. institute Inc. uses the collected data for various purposes, including:

 

-        To answer the User’s questions or demands for information;

-        To provide the services advertised on the Site and our Applications and improve them;

-        To offer an efficient customer service;

-        To contact the User in order to obtain information and opinions with respect to the Site and our Applications’ use by the User;

-        To improve the content, the functionality and the conviviality of the Site and the Applications;

-        To process payments;

-        To better understand the needs and interests of the User;

-        To set and manage the User’s account, provide the User with technical support, verify the User’s identity and send important information to the User with respect to accounts, subscriptions and services of the Site or the Applications;

-        For research and development purposes;

-        To protect the rights, the privacy, the security, the networks, the systems and the property of the C.L.E.A.R.;

-        To prevent, detect, investigate on a crime or other violation of a law or obligation, in order to avoid a loss or a fraud;

-        In the event the C.L.E.A.R. would have reasonable grounds to believe that some Personal Data may be useful for an investigation on a violation of federal, provincial or foreign law that has been committed or is about to be committed, inasmuch as such use of the Personal Data is for the purposes of the investigation only;

-        To collect debts owed to the C.L.E.A.R. by the User;

-        To address an urgent situation putting the life, health or security of any individual in danger;

-        In order for the C.L.E.A.R. to comply with demands from the tribunals, the law enforcement authorities, regulatory bodies and other public or governmental authorities, including those located outside the User’s country of residence;

-        In order for the C.L.E.A.R. to exercise its rights, to defend against claims and to comply with laws and regulation to which it is bound.

 

At all times, the CL.E.A.R. balance its legitimate interests with the interests, rights and fundamental liberties of the User.

 

The C.L.E.A.R. will always ask for your specific consent to the collection of Personal Data when there is a high level of legitimate expectations as to the privacy of such Personal Data.

 

The C.L.E.A.R. may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

 

The C.L.E.A.R. may also publish or reproduce, in whole or in part, pictures, videos or audio files where you appear or where you are heard for marketing or promotional purposes, on the Site, the Applications or on the C.L.E.A.R.’s marketing material.



The User who subscribes to a training course, a conference or an online private consultation session provided by the C.L.E.A.R., or to a newsletter or who uses any other aspect of the Site, agrees that the C.L.E.A.R. may transfer to any third party with which the C.L.E.A.R. has a contractual relationship, including Align Technology, Inc. (“Align”), Personal Data, including, without limitations:

  1. The User’s user name, alias, identification number, and/or any other personal identification method used by the User with the C.L.E.A.R, including a ClinID or an Invisalign® DID;
  2. The fact that the User has subscribed to a training course, a conference or an online private consultation session provided by the C.L.E.A.R., or to a newsletter or that the User uses any other aspect of the Site with the User’s user name, alias, identification number and/or any other personal identification method chosen by the User and/or granted by the C.L.E.A.R. or a third party, including Align;
  3. The courses, conferences and online private consultations sessions provided by the C.L.E.A.R. to which the User has subscribed and the Site’s services used by the User;
  4. If the User is part of a Users Community;
  5. If the User is part of a specific category of the C.L.E.A.R.’s customers;
  6. The period of time during which the User has the status of User with the C.L.E.A.R.;
  7. The results of any survey with respect to the C.L.E.A.R., its training courses, conferences, online private consultation sessions and/or services, including satisfaction surveys, to which the User has participated;

 

The whole in order to allow any such third party, including Align, to perform satisfaction analysis and/or to perform comparative analysis and/or to establish connections between: (i) the subscription of the User to a training course, conference or online private consultation provided by the C.L.E.A.R. or the use, by the User, of any aspect whatsoever of the Site or of any service whatsoever provided by the C.L.E.A.R; and (ii) the use by this User of any service or product whatsoever of any third party, including Align.


 

3.3       Legal Basis for Processing Personal Data

 

The C.L.E.A.R. legal basis for collecting and using the Personal Data described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

  

3.4       Retention of Data

 

The C.L.E.A.R. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

 

The C.L.E.A.R. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site or our Applications, or we are legally obligated to retain this data for longer periods.

 

3.5       Transfer of Data

 

Your information, including Personal Data, may be transferred to (and maintained on) computers located outside of your state, province, country or other governmental jurisdiction, where the data protection laws may differ from those of your jurisdiction.

 

If you are located outside Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada, and process it there.

 

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

The C.L.E.A.R. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your information and Personal Data.

 

3.6       Disclosure of Data

 

The C.L.E.A.R. may disclose your Personal Data in the good faith belief that such action is necessary to:

 

-        To comply with a legal obligation;

-        To protect and defend the rights or property of the C.L.E.A.R.;

-        To prevent or investigate possible wrongdoing in connection with the Site or the Applications;

-        To protect the personal safety of users of the Site or the Applications or the public;

-        To protect against legal liability.

 

As the C.L.E.A.R. continues to develop its business, it may buy, merge or partner with other corporations. In such transactions (including in contemplation of such transactions), the User’s information and Personal Data may be among the transferred assets. If such transfer is subject to additional mandatory restrictions under applicable laws, the C.L.E.A.R. will comply with such restrictions. Moreover, the C.L.E.A.R. will make its best effort so that following such transaction, your information and Personal Data will be protected to the same extent that it was under this Privacy Policy.

 

3.7       Security of Data

 

The security of your data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

 

Our Policy on “Do Not Track” Signals under the California Online Privacy Protection Act (CalOPPA)

 

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

 

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

3.8       Persons having access to Data

 


Our employees or representatives and the third parties to which we will give access and transfer Personal Data will have access to your information only: i) on a “need to know” basis, to carry out the purposes set out in this Privacy Policy; or ii) on a basis authorized by this Privacy Policy.


 

3.9       Publicly Accessible Data

 

Any comment or publication that you make directly on any live chat, forum, comment section, or publicly shared page of our Site or our Applications are made publicly available and thus, the C.L.E.A.R. cannot and will not attempt to control or ensure the protection of such data, nor can it be held responsible for any use of such data made by any third party.

 

4.          Your Data Protection Rights

 

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us at info@theclearinstitute.com

 

4.1       Rights

 

You have the following data protection rights (if you are unable to perform these actions yourself, please contact us at info@theclearinstitute.comand we will gladly assist you):

 

Right of Access

 

You have the right to access, update or delete any of your Personal Data that we hold. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section.

 

Right of Rectification and Deletion

 

You have the right to have your Personal Data rectified if that information is inaccurate, incomplete or confusing.

 

You have the right to have part of your outdated or non-relevant Personal Data deleted, at your request.

 

You have the right to comment your Personal Data and have such comments be put in your file.

 

If you are the patient of a dentist or other professional and that such professional has published, in violation of our Terms of use, any content (text, photo, video) which makes you identifiable or which violates the professional secrecy, you may ask us to remove it at once.

 

Right to Be Forgotten

 

You have the right to request that all of your Personal Data be deleted, provided that there is no legitimate ground for the C.L.E.A.R. to retain such Personal Data.

 

Right to Object

 

You have the right to object to our processing of your Personal Data.

 

Right of Restriction

 

You have the right to request that we restrict the processing of your Personal Data.

 

Right to Data Portability

 

You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.

 

Right to Withdraw Consent

 

You have the right to withdraw your consent at any time where the C.L.E.A.R. relied on your consent to process your Personal Data.

 

Right to Know if Your Data Has Been Hacked

 

The C.L.E.A.R. will communicate with all the Site or the Applications’ Users as soon as it is made aware, of a hack or other breach of security, as the case may be, in connection with the User’s information it holds, so that Users can take appropriate measures.

 

Data Protection Authorities

 

You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.

 

4.2       ID Verification

 

Please note that we may ask you to verify your identity before responding to the above-mentioned requests with respect to your data protection rights.

 

4.3       Exception

 

Notwithstanding the foregoing, the C.L.E.A.R. cannot modify, update, rectify or delete any of your information, if doing so would breach a legal obligation of the C.L.E.A.R. or a final order of a Court of competent jurisdiction, or cause prejudice to a third party.

 

4.4       Reasonable Fee

 

In certain circumstances, a reasonable fee may be requested with respect to your demands concerning your Personal Data.

 

5.          Service Providers

 

We may employ Service Providers who are third party companies and individuals, to facilitate our Site or our Applications, host the Site or the Applications on our behalf, perform Site or Applications-related services or assist us in analyzing how our Site and our Applications are used.

 

These third parties have access to your Personal Data only to perform these tasks on our behalf (“need to know” basis) and are obligated not to disclose or use it for any other purpose.

 

Analytics

 

We may use third-party Service Providers to monitor and analyse the use of our Site and our Applications.

 

Google Analytics

 

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

 

You can opt-out of having made your activity on the Site available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

 

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

 

6.          Payments

 

We may provide paid products and/or services within the Site or the Applications. In that case, we use third-party services for payment processing (e.g. payment processors).

 

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

 

The payment processors we work with are:

 

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

 

Pay Pal

Their Privacy Policy can be viewed at https://www.paypal.com/ca/webapps/mpp/ua/privacy-full?locale.x=en_CA

 

7.          Links to Other Sites

 

Our Site or our Applications may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

 

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

8.          Children’s Privacy

 

Our Site and our Applications do not address anyone under the age of 18.

 

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

 

9.          HIPAA Compliance (for the United States)

 

Users may provide the C.L.E.A.R. with Protected Health Information (“PHI”), defined as individually identifiable health information that is protected by the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder as they may be amended or replaced from time to time or other similar applicable Acts or regulations. Therefore, to the extent that the C.L.E.A.R. has access to such PHI of a User, the C.L.E.A.R. shall not use or disclose the PHI other than as permitted hereunder or required by any applicable law.

 

The C.L.E.A.R. is required to use and takes full responsibility for implementing appropriate safeguards, including training, education and policies and procedures, to prevent use, reproduction or disclosure of PHI, including such use, reproduction, or disclosure by Users. The C.L.E.A.R. additionally agrees it will not subcontract or transmit PHI to any third party.

 

10.       Changes to This Privacy Policy

 

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

 

We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the “last update” at the top of this Privacy Policy.

 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

11.       Governing Law and Jurisdiction

 

The execution, construction and validity of this Privacy Policy is governed by the laws of the Province of Quebec and the Canadian federal laws applicable therein, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction, other than those applicable in the Province of Quebec, Canada.

 

Notwithstanding the foregoing, if the laws of your jurisdiction with respect to privacy and data collection provides rules of public order that are stricter than those of the Province of Quebec, Canada or than those provided in this Privacy Policy, the C.L.E.A.R. will always comply with such stricter rules of your jurisdiction.

 

The Courts of the judicial district of Longueuil, Province of Quebec, Canada, to which the C.L.E.A.R. and the User hereby expressly attorn, shall have exclusive jurisdiction with respect to any proceeding arising or in connection, in any way, with this Privacy Policy.

 

12.       Contact Us

 

If you have any questions about this Privacy Policy, your rights in connection with your Personal Data or any demands with respect to your data protection rights, you may contact us anytime, by email, at info@theclearinstitute.com.

 

13.       Interpretation

 

In case of any conflict of interpretation between the French and English version of this Privacy Policy, the French version will prevail.