Privacy Policy

March 19, 2021

General.

This Privacy Policy applies to the personal data (the "Data") that we collect from you for the purpose of providing you with the products and services we offer.


We attach particular importance to the protection of your personal data, in accordance with the provisions of Regulation (U.E.) 2016/679 of the European Parliament and of the Council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and of the free movement of such data, as well as the Law of the 30 July 2018 on the protection of individuals with regard to the processing of personal data.


By using our site or by communicating your Data to us when requesting information or commercial offers, directly or with our partners, you accept the practices described in this Privacy Policy. If you do not accept the provisions of this policy, please do not use our site and do not communicate your Data to us. In this case, you nevertheless agree not to benefit from all the services and other advantages offered by MVORTHO.

2. CONTACT DETAILS OF THE CONTROLLER

The SPRL MVORTHO (hereafter: "MVORTHO") whose registered office is established Avenue du Prince d’Orange 261a in 1180 Uccle (Belgium) and registered with the Crossroads Bank for Enterprises under the number (BE) 0679.546.168, is responsible for the processing of personal data that you provide to us directly via our SMILESBYMARIA.COM as well as via the platforms and other IT tools made available to you by MVORTHO, directly when contacting MVORTHO or indirectly via a request for an offer from a partner.

3. WHAT DATA DO WE COLLECT, FOR WHAT PURPOSE AND ON WHAT LEGAL BASIS?

This is the Data that you communicate to us on the one hand through the forms offered on the SMILESBYMARIA.COM website and on the other hand through cookies deposited by us or more generally by third party services.

3.1 Contact form

The purpose of this form is to allow you to send questions, requests for additional information or requests to make an appointment. We will only use the Data from this form for the purposes of your request and for the time necessary to provide adequate answers.


The legal basis on which this processing is based is the execution of a pre-contractual measure.

3.2 « Virtual consultation » form

The purpose of this form is to allow you to obtain a free dental personality report by providing photos of your teeth. We will only use the Data from this form for the purposes of your request and for the time necessary to provide adequate answers.

This processing is delegated to a processor, namely Software and Software as a Medical Device (SaMD) manufactured, developed and commercialised by DENTAL MONITORING SAS.


The legal basis on which this processing is based is your explicit consent. We invite you to read the Privacy Policy and the Informed Consent Form, on the website of Smilesmate, before you start your virtual consultation. 


3.3 Cookie Management

This website uses cookies.

A cookie is a small file that is distributed with the pages of a website and stored by the browser on the hard drive of your computer, tablet or phone. The information it contains can be sent back to the site's servers during a subsequent visit and thus allow the author of this site to establish a trace of the Internet user's activity.

It should be noted that behind the term "cookies" we also consider any other technical tracing process such as "scripts" in general. A script is a piece of programming code used to make a website work interactively. Finally, "web beacons" or "pixel tags" or "social media cookies" are also cookies.

Cookies allow to personalize the content and to offer functionalities necessary for the proper functioning of a website such as the control of a shopping cart or the memorization of a language choice for example. Some Cookies may be placed or controlled by third parties (partners or subcontractors) for marketing targeting purposes.

3.3.1. Technical cookies ("Necessary" ou " Preferences")

We use certain cookies to remember your settings and preferences such as language preference. These cookies are essential for the proper functioning of the site and cannot be deactivated without affecting the proper functioning of the site. This type of cookies and or similar technologies do not allow us to collect Data that could identify you.


3.3.2. Cookies for audience measurement

We use it to analyze and improve the Site's audiences with Google Analytics. This tool collects, for example, your IP address when you connect, the date and time you access the Site, the pages you visit, the type of browser you use, the platform and/or operating system you use. The legal basis for this processing is your consent.


3.3.3. Marketing Cookies

We use it to analyze and improve the Site's audiences with Google Analytics. This tool collects, for example, your IP address when you connect, the date and time you access the Site, the pages you visit, the type of browser you use, the platform and/or operating system you use. The legal basis for this processing is your consent.

3.3.4. Consent

Your consent can be modified or withdrawn at any time by exercising your preferences HERE.

3.3.5. List of cookies used on this site :

When you give your consent to all cookies, the following cookies may be set: Google Tag Manager.

4. HOW LONG DO WE KEEP YOUR DATA?

We will retain your Data for the period of time necessary for the purposes for which it was collected and in accordance with applicable law.


At the end of the retention period, the controller shall make every effort to ensure that the personal data has been unavailable.


5. TO WHOM CAN YOUR DATA BE TRANSMITTED?

Your Data may be communicated to other companies belonging to MVORTHO for the above-mentioned purposes.


As part of the performance of our services, in particular for marketing purposes, we may subcontract, in whole or in part, some of our tasks to technical subcontractors who are bound to us by contract. 


MVORTHO requires its subcontractors to comply with data protection legislation and to provide sufficient guarantees that appropriate technical and organisational measures have been implemented so that the processing meets the requirements of applicable data protection legislation and guarantees the protection of your rights.


We do not sell or otherwise disclose the Data we collect about you to third parties.


In certain circumstances, our website and applications will provide you with plug-ins from different social networks. If you choose to interact with a social network site such as Facebook, Instagram or LinkedIn, your activity on our site or through our applications will also be accessible on that social network. Please read the privacy policies of those social networks for detailed information about the collection and transfer of personal information, your rights and how you can obtain satisfactory privacy settings.


6. WHAT ARE YOUR RIGHTS?

  • Right of access: you have the right to have confirmation that your Data is being processed, to have access to your Data at any time and free of charge and to obtain a copy of your Data.
  • Right to rectification: you have the right to demand that incorrect Data be corrected, that incomplete Data be completed and that inappropriate or needless Data be deleted. We draw your attention to the fact that you are at all times obliged to check the accuracy of the Data you provide us with.
  • Right to erasure: when you no longer wish your Data to be processed and you are in a position to request the right to erasure, we will then delete your Data from our database.
  • Right to Portability: where appropriate, you will also have the right to portability of your Data in accordance with applicable data protection legislation.
  • Right to object: you have a right to object to any use of your Data for prospecting purposes.
  • Right to restriction of processing: finally, you have the right to obtain from MVOrtho the restriction of the processing of your Data, in accordance with the applicable Data protection legislation.

7. HOW TO ASSERT YOUR RIGHTS?

By sending an email to secretariat@SMILESBYMARIA.COM or a letter to the head office of

MVORTHO

Avenue du Prince d’Orange 261a

1180 Uccle

Belgium

8. WHAT HAPPENS IN THE EVENT OF A DISPUTE?

If you believe that we are in breach of any of our legal and/or contractual obligations, we invite you to contact us by email at PRIVACY@SMILESBYMARIA.COM.  We will do our utmost to ensure you a follow-up as soon as possible.


Any claim, complaint or grievance is addressed to the address of the MVORTHO's head office.


In the event that you are not satisfied with our response, you have the right to submit a complaint to a supervisory authority.


The Belgian supervisory authority is

DATA PROTECTION AUTHORITY

Rue de la Presse 35

1000 Brussels

Mail: CONTACT@APD-GBA.BE


9. INFORMATION CONCERNING CHILDREN

As a general rule, we do not intentionally collect personal information from children under the age of 13. If we discover that we have inadvertently collected information from children under the age of 13, we will take steps to delete the information as soon as possible, unless we are required by law to retain it.


When we know that a child is over 13 but is considered a minor under applicable law, we will obtain parental/guardian consent before using that child's personal information.


10. LINKS TO OTHER WEBSITES AND SERVICES

Our sites may contain links to third party sites, and some of our services give you access to third party services (such as social networking sites).

We have no control over how third party sites and services treat your personal information. We do not audit third party sites and services, and we are not responsible for those third party sites and services or their privacy practices. Please read the privacy statements of any third party sites or services you access from our sites or services.


11. SECURITY 

We have developed technically and organizationally appropriate security rules to prevent the destruction, loss, falsification, alteration, unauthorized access, accidental disclosure to third parties and any other unauthorized processing of Data. 

12. LIMITATION OF LIABILITY CLAUSE 

MVORTHO's liability shall be limited to direct damages, to the exclusion of any indirect damages. MVORTHO will never be held liable for damages deemed indirect such as, without this list being exhaustive, loss of Data, financial or commercial prejudice, loss of profits, increase in overheads, disruption of planning. 


In addition, MVORTHO cannot be held liable for any damage resulting from illegitimate manipulation of Data by third parties (Data theft, viruses, phishing or other computer offences).


We would also like to point out that links to the Website may contain hypertext links and other references to other sites that we do not manage or control and to which the present provisions do not apply. We are not responsible for the content of these websites nor for the offers, products and services offered by them. We therefore recommend that you carefully read the privacy protection rules of each site you visit, as these rules may differ from these terms and conditions.


13. APPLICABLE LAW AND JURISDICTION

These provisions shall be governed, interpreted and executed in accordance with Belgian law, the only applicable law, in the event of a dispute.


Any dispute that cannot be settled amicably within a period not exceeding one month from its occurrence, this period may be extended by mutual agreement, may be brought by the most diligent party before the French-speaking Courts and Tribunals of the judicial district of Brussels, which shall have sole jurisdiction.


14. DATE OF ENTRY INTO FORCE

This policy was created and came into force on 19.03.2021. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this policy at any time.


15. TRANSLATION

The parties acknowledge that the translation of the above provisions into English is offered for the purpose of clarification and that, notwithstanding the accuracy of the translation, the basic text was drafted in French and that this language prevails for the interpretation or the scope of the words, terms and / or expressions and of the whole text.