Effective Date: 28.09.2023
Smilo AI is committed to protecting your privacy and ensuring compliance with applicable Indian data privacy laws. This Policy explains how we handle your personal data and the measures we take to safeguard its confidentiality and security.
This Policy is incorporated into and subject to the terms of the Terms and Conditions and the terms not defined here, have their meanings ascribed to in the Terms and Conditions.
Please read this Policy carefully to understand our practices regarding your personal data. By using our Service, you acknowledge and consent to the collection, use, and disclosure of your personal data as described in this Policy. If you do not agree please do not use or access the Website/App.
- Collection and Use of Data
- Types of Data Collected
We may collect the following categories of data:
- Identifying information: Name, contact details, address, (email address, phone number), age and any other information you provide when contacting us or using our Service including Personal Information.
- Health data: oral records, health history, images, and related information you choose to provide or share with us.
- Technical information: Log files, IP addresses, device information, browser type, and usage data collected automatically when you access or use our Service.
Identifying information, Health data and Technical information shall collectively be referred to as collectively as “Information”.
- Purpose of Data Collection and Use
We collect and use your Information for the following purposes:
- Providing the Service: To deliver and enhance the oral AI services, including diagnosis, treatment suggestions, and other oral-related features. For the services Smilo may share the information with Practitioners on the request of the User.
- Communication: To respond to your inquiries, provide customer support, and send you service- related notifications including through WhatsApp, texts or email as opted by the User.
- Research and development: To improve our Service, develop new features, and conduct data analysis and research for oral advancements.
- Legal compliance: To comply with applicable laws, regulations, and legal processes.
- Legal Basis for Processing
Our legal basis for processing your personal data includes:
- Performance of a contract: Processing your personal data is necessary for the performance of the contract between you and us.
- Legitimate interests: We have a legitimate interest in processing your personal data to provide and improve our Service, ensure its security, and respond to your inquiries.
- Consent: In certain cases, we may seek your explicit consent to process specific categories of personal data.
- INFORMATION WE COLLECT
- When you use our Website/App, we collect and store your Information. Our primary goal in doing so is to provide a safe, efficient and customized experience to our Users. This allows us to provide services and features that most likely meet your needs, and to customize our Website/App to make your experience safer and easier. Importantly, we only collect Information about you that we consider necessary for achieving this purpose.
- In general, you can browse the Website/App without telling us who you are or revealing any Information about yourself. To fully use our Website/App, you will need to register using our online registration form, where you may be required to provide us with your Information as indicated on the forms throughout the Website/App and complete the registration process. Once you give us you information, and initiate registration process, you are not anonymous to us. Where possible, we indicate which fields are mandatorily required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website/App, unless we require it so.
- We may automatically track certain information about you based upon your behaviour on our Website/App. You agree that we may use such information to do internal research on our Users’ demographics and health history to better understand, protect and serve our Users. This information is compiled and analyzed on an aggregated basis. This information may include, but not limited to, the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our Website/App or not), your computer browser information, and your Internet Protocol (“IP”) address.
- You agree, if you send us personal correspondence in any electronic form, such as emails, letters, etc. or if other users or third parties send us correspondence about your activities or postings on the Website/App, we may collect and/or store such information.
- You agree that we may collect IP address from all visitors to the Website/App, like most Website/Apps. An IP address is a number that is automatically assigned to your computer when you use the Internet & the payment details data fetch & identity data. We use IP addresses and user information to help diagnose problems with our server, administer our Website/App, analyses trends, track users’ movement, gather broad demographic information for aggregate use in order for us to improve the Website/App, and deliver customized, personalized content.
- USE OF YOUR INFORMATION
You agree that we may use your Information to facilitate the services you request. You agree that we may use your Information we obtain on the Website/App or at the time of registration to: enable detailed examination of the oral health examination , oral health consultation , life style suggestions, inform you about online and offline offers, products, services, password retrieval and updates; customize your experience; enforce Terms and Conditions; and as otherwise described to you at the time of collection. You agree that we may use Information about you to improve our marketing and promotional efforts, to analyses site usage, improve the Website/App’s content and service offerings, and customize the Website/App’s content, layout, and services. These uses improve the Website/App and better tailor it to meet your needs, so as to provide you with an efficient, safe and customized experience while using the Website/App.
You agree that we may use your Information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, services offerings, and communications relevant to your use of the Website/App. You agree that all your records including case history, investigation reports, images, etc. as appropriate are collected by healthcare providers . By accepting the Terms and Conditions and Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to unsubscribe/ opt out of the receipt of certain communications in your profile. You may make changes to your profile at any time.
- DISCLOSURE OF YOUR INFORMATION AND TELEMEDICINE REGULATIONS
- ai and its representatives would be required to fully abide by Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and with the relevant provisions of the IT Act, Data protection and privacy laws or any applicable rules notified from time to time for protecting patient privacy and confidentiality and regarding the handling and transfer of such personal information regarding the patient. This shall be binding and must be upheld and practiced. You agree and understand that we do not rent, sell, or share any Information about you with other people (save with your consent) or non-affiliated companies except to provide products or Services under Terms and Conditions or this Policy, or under the following circumstances:
- To provide the Information to authorized health care providers and Practitioners with your consent who need to access your report for your proper diagnosis and treatment;
- To insurance companies if applicable, authorized health care providers or third parties with our billing department for payment purpose;
- To support our health care operations, such as performing quality checks on your testing, for teaching purposes, or for developing normal reference ranges for the tests we perform;
- To respond to summons, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- To health department or any other Government body as and when required by them for collecting or processing health information of the state/country; From time to time, to reveal general statistical information about our Website/App and visitors, such as number of visitors, number and type of services purchased, etc.
- Use of Information about you we use Information we collect from you for the following purpose:
- Provide, maintain, and improve the Service which includes sharing of your information with provider(s) including Practitioners that you have authorized for us to share with;
- Verify your identity upon your request in connection with your use of the Service;
- Help protect the safety of our users, which includes blocking suspected spammers, addressing abuse, and enforcing the Terms and Conditions;
- Send you technical notices, updates, security alerts, invoices and other support and administrative messages;
- Delivering customer service;
- To the extent permitted by applicable law, communicate with you about products, services, offers, promotions, and events, and provide other news and information we believe will be of interest to you (for information about how to opt out of these communications, please contact us;
- Monitor and analyze trends, usage, and activities in connection with the Service for purpose of monitoring and improving the Service.
- We may collect information for other purpose that may be notified to you from time to time. Further, you agree that we may share your Information with the following categories of activities with from time-to-time:
When you enter Information on any form of an advertiser, such information is simultaneously collected by Website/App and the advertiser. The Information is used by Website/App in accordance with the terms of this Policy and is used by the advertiser as per the advertiser’s prevalent privacy policies. Because we do not control the privacy practices of these advertisers, you should evaluate their practices before deciding to provide the said information. Smilo.ai’s registered healthcare providers are not permitted to solicit patients for telemedicine through any advertisements or inducements. Website/App may also aggregate (gather up data across all accounts) Information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes.
- Other Corporate Entities
Smilo shares much of the data, including Information about you, with its parent, affiliates, subsidiaries, and joint ventures that are committed to serving your online needs and related services, throughout the world. Smilo’s parent, affiliates, subsidiaries, and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. Smilo, its parent, affiliates, subsidiaries, its joint ventures, or any combination of such, will share some or all of your Personal Information with another business entity should we plan to, merge with, or be acquired by that business entity. In addition, we may share certain Information about you with members of the Haleon group of companies (collectively “Haleon”) where this is necessary to facilitate delivery of Smilo AI’s Service to you (such as connecting you with a Practitioner at your request). Haleon will use any Information about you which it receives from us solely to facilitate Smilo AI’s Service and not for its own independent purposes.
- Posting to public areas of the Website/App: Please remember that if you post any of your Information in public areas of the Website/App such as in online forums or chat rooms, or in the Website/App’s searchable database, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of Website/App.
- Access or change your Information: You may review, correct, update or change your account information at any time. To protect your privacy and security, we will verify your identity before granting access or making changes to your Information. If you have registered your profile on the Website/App, your ID and Password are required in order to access your account.
- Other Website/Apps: Our Website/App may contain links to other Website/Apps. Please note that when you click on one of these links, you are entering another Website/App over which the Website/App has no control and will bear no responsibility. Often these Website/Apps require you to enter your Information. We encourage you to read the privacy statements on all such website/apps as their policies may differ from ours. You agree that we shall not be liable for any breach of your privacy of Information or loss incurred by your use of these other website/apps.
- Non-Identifiable Health Information
- Anonymous data or non-identifiable data means data that is not associated with or linked to any individual’s personal information or will not easily permit the identification of individuals (“Anonymous Data”). We may generate Anonymous Data from personal information collected through the Website, App and the Service by removing information that makes the data personally non-identifiable to an individual. We may use or share with third party this Anonymous Data for any reasonable purpose to the extent not prohibited by applicable laws.
- Data Processors in Other Countries
- We may engage third parties to perform certain services on our behalf to provide the Service. These third parties may store, process and transfer personal information on servers located outside of your countries of residence in jurisdictions whose data protection laws may differ from those of your countries of residence. The applicable laws of these jurisdictions where the servers are located may not offer the same level of data privacy protection as in your home countries; we take reasonable measures to provide an appropriate level of data privacy protection. For example, we use contractual clauses, data transfer agreements, and other measures designed to require the recipients of your personal information to protect the data.
- Smilo does not access, store or keep credit card data. All transactions will occur through third party gateways and Smilo plays no role in the transaction, except for directing the customers to gateways or relevant webpage. Accordingly, Smilo shall not be responsible or liable for any loss or damage due to any disclosure financial transaction. Smilo shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any transaction from the User’s account and / or information relating to or regarding online transactions using UPI/credit cards / debit cards / cash cards and/or any other payment transfer means and method and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used.
- The Website and App (or any other mode through which the Service is delivered) is not directed at minor under 18 years of age. We do not knowingly collect or use information from minor without supervision and consent from his or her parent or legal guardian.
- We maintain reasonable technical, physical, procedural and technical safeguards to protect your personal information against loss, misuse, theft, and unauthorized access. However, it would not be possible to fully guarantee security or that loss, misuse or alteration to data hosted by or on, or accessed by or through, the Website or Mobile Application will not occur. Your personal information may also be stored by third parties, via cloud services or other technology, to whom we have contracted, where we are satisfied that they have in place adequate physical, procedural and technical safeguards to protect data stored with them. Breach notification- In the event that we become aware of any security breach which we believe has resulted or may result in the unauthorized access, use or disclosure to non-public personal information, we will promptly investigate the matter and notify you of such breach and the remedial steps that we are taking. We take reasonable steps to verify your identity before granting you access to your account under the Service through the Website or through the App, however, you are solely responsible for maintaining the secrecy of your username, password and any other account information. Where you entrust another person with your username and password to the Service, you will be solely responsible for all activities by such person resulting from sharing or not maintaining the confidentiality of your username or password.
Smilo may assign any of its responsibilities/obligations to any other person without notice to the User, at its sole discretion.
- Data Retention and Security
- Data Retention
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected and in accordance with applicable laws.
- Your Rights
You have certain rights regarding your personal data and Information, including:
- Right to access: You can request a copy of the personal data we hold about you.
- Right to rectification: You can request the correction or update of your inaccurate or incomplete personal data.
- Right to erasure: You can request the deletion of your personal data, subject to applicable legal requirements.
- Right to object: You can object to the processing of your personal data for direct marketing purposes.
To exercise these rights or for any privacy-related inquiries, please contact us using the contact information provided in Section 14.
- International Data Transfers
Your personal data may be transferred and processed outside of India, including to countries with different data protection laws. We will take appropriate measures to ensure that such international transfers comply with applicable data protection laws.
- Contact Us
If you have any questions, concerns, or requests regarding this Policy or the privacy practices of Smilo Oral AI Service, please contact us at:
Address: 6-4-56, Mangesh Apartments, Ground Floor, Near S.L.V Temple, Harish Chandra Marg, Udupi – 567101
We will endeavour to respond to your inquiries and address any concerns in a timely manner.
- Governing Law:
The laws of India shall govern this Policy, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue located in Bengaluru, Karnataka, India, for all matters or disputes arising out of or relating to the Agreement or Your access or use of the Services.
- Changes to this Policy
We may update this Policy from time to time to reflect changes in our privacy practices or applicable laws. We encourage you to review this Policy periodically for any updates. The “Effective Date” at the beginning of this Policy indicates the date of the latest revision. Your continued use of the Service constitutes your acceptance of any revised Policy.