Planet DDS Privacy Policy

Effective date: September 9, 2022
Last updated: July 16, 2024

PDDS Buyer, LLC, a Delaware limited liability company headquartered at 17872 Gillette Avenue, Suite 250, Irvine, CA 92614 and its subsidiaries and affiliates (“we,” “us,” or “our”), provides cloud dental imaging, practice management, and patient engagement software software-as-a-service (“Service”) to organizations. We respect the privacy of our online visitors and/or consumers (including, as applicable, Providers) (“you” or “your”) and have constructed and administer this website (“Site”) and the applications through which we provide the Service (collectively, “Applications”) accordingly. This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you visit our Site or use our Service, your rights to the personal information we keep about you, and certain obligations we have regarding the use and disclosure of your health information.. This Privacy Policy also describes the risk of using electronic communications and the risk of us electronically storing your health information related to the Service. This Privacy Policy applies to all of the received by us, generated by us or provided by you, including personal information and health information.

For the avoidance of doubt, this Privacy Policy relates to the Services available through the Site and is different from the any privacy-related policies that govern any care you may receive from a participating dentist, orthodontist, or dental health practitioner (each a “Provider”) through this Service. We are not ourselves a health care provider and do not provide any dental, medical, or other healthcare services. We are not responsible for Providers’ privacy practices, and their privacy policies and practices ‎may be different from ours. If you receive care from a Provider, please review that Provider’s ‎Notice of Privacy Practices or other privacy-related policy to understand their ‎privacy practices ‎and options they may make available to you in relation to their collection, use and disclosure of ‎your ‎personal information.

Information we collect

When you visit our Site or use our Service, we may collect usage data which may include browser type and version, unique device identifiers and other diagnostic data. We may collect personal data that was voluntarily submitted by you, which may include, but not limited to, name, email address, and phone number, pictures or communications shared with your Provider(s), and other information.

We may also collect information from third parties, such as Google Analytics and Clicktale®,. as well as information captured by cookies or other tracking technologies that may automatically be placed on your device when you visit our Site or use our Service. The privacy practices of third parties are governed by their respective privacy policies, which may be reviewed on their websites.

No one is required to provide any information to us at any time. However, if you do not provide us with the information we request, we may be unable to provide you with the information, products or services you have asked for. In other cases, your decision not to provide us with information may preclude your access to the Service.

How we use your information

We collect personal information about you to deliver the products and services requested and to help improve the Site and the manner in which it is used and to develop new features. Other ways that we may use your personal information, but not limited to, are:

• to provide and maintain our Service,
• to improve our Service,
• for security or fraud prevention,
• to manage your account,
• for the performance of a contract,
• to facilitate Provider care
• to contact you,
• to provide you with news, special offers and general information,
• to manage your requests,
• to better understand your needs and interests,
• to deliver targeted advertising to you,
• for business transfers,
• and for any other purpose identified in a supplemental privacy notice, click-through agreement, or other agreement between you and us.

If we send you an email with news, special offers, or general information, you can choose not to receive such message in the future by following the instructions to unsubscribe included in the email.

Sharing your information

We may share your information with a third party for certain purposes, including:

• Compliance with Law or Protection of Rights. We may disclose information we collect, including your personal information, when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of the Site or Services; to enforce or apply any applicable terms of use or other agreements; or to protect our own rights or property, or the rights, property, or safety of others.
• Business Negotiations. We may contemplate, for strategic or other reasons, selling, buying, merging, or otherwise reorganizing our businesses. In negotiating with a third party about entering into such an arrangement, we may need to disclose your information. If we do, we will take reasonable measures to protect the information we disclose, for example, by requiring a prospective partner or purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the information
• Business Transfers. Planet DDS may transfer your information to any successor of its business as a result of any merger, acquisition, asset sale, bankruptcy proceeding, or similar transaction or event, with such successor bound by the terms of this policy with respect to its use and disclosure of such information. We may share your information with our affiliates or to our business partners to offer you certain products, services, or promotions. Promotional offers are governed by their terms and conditions.
• Engaging Vendors. We may share your information with third-party vendors that we engage to help us run the Site and provide our Services. We may also contract with third parties who use cookies to collect information about users of our Site or Services to help us understand how visitors use our Site and Services, and how we may improve our advertising to them. This enables us and these third parties to target advertisements to you for products and services in which you might be interested.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) CONSUMER CHOICE PAGE for information about opting out of interest-based advertising and their choices regarding having information used by DAA COMPANIES. You may also go to the Network Advertising Initiative (“NAI”) CONSUMER OPT-OUT PAGE for information about opting out of interest-based advertising and their choices regarding having information used by NAI MEMBERS.

Opting out from one or more companies listed on the DAA CONSUMER CHOICE PAGE or the NAI CONSUMER OPT-OUT PAGE will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site, Services, or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt- out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

Cookies and Similar Technology

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

• Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.
  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site and Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site and Services.
  • Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.
• Flash Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
• Clear GIFs, Pixel Tags and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track the activities of Site visitors and app users, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

We use cookies and other tracking technologies, including beacons, tags, and scripts, to collect and track information and to improve and analyze our Service. For example, we may use these tracking technologies to:

• collect information about how visitors use the Site (for example, which pages they visit, which links they use, and how long they stayed on each page);
• support the features and functionality of the Site (For example, to save a visitor the trouble of re-entering information already in our database or to prompt the settings they established on a previous visit);
• personalize a visitor’s experience when they use the Site; and
• improve our marketing efforts.

By visiting our Site or subscribing to our Service, you agree to our use of cookies and tracking.

Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may also use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this Privacy Policy (e.g., by disabling cookies). Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function.

For third party services, you can take advantage of the opt-out mechanisms provided by those third parties (e.g., download the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout or visit https://www.clicktale.net/disable.aspx to disable Clicktale’s services).

Children’s Information

Planet DDS has no intention of accepting any information from individuals under the age of 18 on this Site. If you are not 18 or over, please leave this site immediately. Parents are urged to monitor and supervise their children’s on-line activity.

Furthermore, our Site does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. Our contact can be found at the end of this policy. If we become aware that we have collected personal data from anyone on this Site under the age of 13 without verification of parental consent, we take steps to remove that information from our systems.

Links to Other Websites

Our Site and Service may contain links to other websites that are not operated by Planet DDS. If you click on 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.

Regulation & Security

Certain information provided to us may be Protected Health Information as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), American Recovery and Reinvestment Act (“ARRA”), Health Information Technology for Economic and Clinical Health Act (“HITECH”) and in regulations promulgated there under and it may also be subject to regulation under state law (“PHI”).

Certain activities facilitated by the Site and Services may be covered by the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM), Canada’s Anti-Spam Legislation (CASL), and other applicable consumer protection laws and regulations (together with HIPAA, ARRA, and HITECH, “Applicable Law”).

We adhere to all the mandates set forth by Applicable Law, but, if your use of the Site and/or Services brings you within the scope of such Applicable Law, then it is your responsibility to ensure that your conduct is compliant therewith. We always advise you to know the laws and regulations and to seek legal counsel to ensure your compliance.

If you order services from us that require you to provide to us personal health information that is protected under any federal or state laws (including HIPAA), you grant to us a non-exclusive, perpetual, irrevocable, royalty-free right and license to use de-identified patient and administrative data (“De-Identified Use Data” as defined under 45 C.F.R. § 165.514) collected or provided through your use of the Site or Services for any lawful business purpose, provided that such data is not personally identifiable. We shall have the right to de-identify such patient and administrative data and then utilize the De-Identified Use Data for any lawful purpose, including but not limited to creating statistical norms and reports de-identified score cards, regional or national benchmarking, or to be used for research considerations, provided however that the data shall not include member identities and claims information that is unprotected. Personally identifiable patient, physician and Your information shall remain confidential and shall not be released. Further, should We choose to place the De-Identified Use Data in its national database or in any way incorporate such data in studies and/or analyses conducted directly or indirectly by us, no such data shall be identified as originating from you, or your patients, members, or physicians. The De-Identified Use Data shall also not be utilized in any study, report or publication without first being integrated with a significant body of other data such that neither you or your patients or physicians can be identified, unless appropriate, advance and written consents to such identification are obtained. we use appropriate security measures to protect the information we obtain from unauthorized alteration, loss, disclosure, or use, including technological, physical and administrative controls over access to the systems we use to provide the company site and our products and services.

Access and Changes to Information

Customers and authorized users of our products, services, and information resources have access to the information we store about them, and may change that information as well as communication preferences at no charge, provided that doing so is consistent with their respective agreements with us. Certain information services we provide may reflect patient information as it appears in the medical records of those patients that are maintained by the medical professionals they consult. We may retain the information we obtain for a period sufficient to provide the products and services that our customers request, as necessary to comply with our legal obligations, and as our management deems appropriate.

FOR CALIFORNIA RESIDENTS

Beginning on January 1, 2020, the California Consumer Privacy Act (CCPA), granted consumers expanded rights regarding the collection and use of their personal information by businesses. Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular resident or household.

If you are a California resident, then this law may apply to you. Planet DDS respects your privacy and supports its dental-service-provider customers’ obligations under the CCPA. We encourage you to reach out to your local dental practice to exercise any applicable rights under the CCPA.

Categories of Personal Information that We Collect, Disclose, and Sell

Below please find the categories of personal information about California residents that we collect, sell, and/or disclose to third parties or service providers for a business purpose.

California Residents’ Rights

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Do-Not-Sell. We do not sell your personal information.

Initial Notice: We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.

Verifiable Requests for Copy, Deletion and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:
Right of Deletion: The right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary that we maintain such personal information in order to:

• Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
• Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business.
• Comply with a legal obligation.
• Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

Right to a Copy: The right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.

Right to Know: The right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:

• categories of personal information collected;
• categories of sources of personal information;
• business and/or commercial purposes for collecting and selling their personal information;
• categories of third parties/with whom we have disclosed or shared their personal information;
• categories of personal information that we have disclosed or shared with a third party for a business purpose;
• categories of personal information collected; and
• categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

Submitting Requests. You may submit requests to exercise the right to deletion, right to a copy, and / or the right to know by emailing us at [email protected]. We will respond to verifiable requests received from California consumers as required by law.

Incentives and Discrimination. Businesses may not discriminate against residents who exercise their rights under CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices or rates or impose penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.

California Privacy Rights under California’s Shine-the-Light Law

Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. California residents who would like to make such a request may submit a request in writing to [email protected]. The request should attest to the fact that the requester is a California resident, and provide a current California address.

FOR CANADIAN CITIZENS

Consent

We will obtain your consent to collect, use or disclose personal information except where we ‎are ‎‎authorized or required by law to do so without consent. For example, we may collect, use or ‎disclose ‎‎personal information without your knowledge or consent where: the information is ‎publicly available, as ‎‎defined by statute or regulation; we are obtaining legal advice; or we ‎reasonably expect that obtaining ‎‎consent would compromise an investigation or proceeding. ‎Other exceptions may apply.‎ Your consent can be express, implied or given through an authorized representative.‎ Consent may be provided orally, in writing, electronically, through inaction (such as when you ‎do not ‎‎notify us that you do not wish your personal information collected/used/disclosed for ‎various purposes ‎‎after you have received notice of those purposes) or otherwise.‎ You may withdraw consent at any time, subject to legal, contractual and other restrictions, ‎provided that ‎‎you give us reasonable notice of your withdrawal of consent. If you notify us that ‎you withdraw consent, ‎‎we will inform you of the likely consequences of that withdrawal , which ‎may include our inability to ‎‎provide certain services for which that information is necessary.‎

Location of Service Providers, Hosting and Servers

Our service providers may be located outside of the country in which you are located. You therefore acknowledge that ‎your personal ‎‎information may be processed and stored in foreign jurisdictions and that ‎governments, courts, law ‎‎enforcement or government or regulatory agencies in the USA, ‎Canada and elsewhere may be able to ‎‎access or obtain disclosure of your personal information ‎under a lawful order or otherwise through the ‎‎laws of the applicable jurisdiction, irrespective of ‎the safeguards we have put in place for the protection of ‎‎your personal information.‎

Changes to This Policy

We may update this Privacy Policy at any time to reflect changes to our information practices. If we make a change to this Privacy Policy, we will update the “last updated” date at the top of the page. By you using our Site and/or Service after we post changes to this Privacy Policy, you consent to the changed terms or practices.

Contact Information

If you have questions about this Privacy Policy, please email [email protected].