Canada Privacy Policy

Introduction

This Privacy Policy describes how SDC Canada Incorporated collects and uses Personal Data about you through the use of our Website, mobile applications, and through email, text, and other electronic communications between you and SmileDirectClub.

SDC Canada Incorporated (“SmileDirectClub” or “we” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy.

This Privacy Policy (“Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website www.smiledirectclub.ca (our “Website”) or SmileShops, or use our SmileDirectClub mobile application (our “Application”) or social media tools (“Social Media”) and our practices for collecting, using, maintaining, storing, protecting, and disclosing that information.

This policy applies to information we collect:

• from you or your legal guardian on or through our Website, Application to Social Media;
• from or on behalf of your licensed dentist, orthodontist or other medical provider or her/his staff;
• in email, text, and other electronic messages between you and our Website or Application;
• through printed documents, records, and materials; and
• when you interact with our advertising, marketing, and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information we collect:

• offline or through any other means, including on any other website operated by SmileDirectClub or any third-party; or
• through any third party website or application, including through any application or content (including advertising or marketing) that may link to or be accessible from or on the Website or in the Application.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you are not permitted to use our Website or Application. By accessing or using our Website or Application, you agree to the terms and conditions of this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Website or Application after we make changes shall constitute your acceptance of those changes, so please check this Privacy Policy periodically for updates.

Children Under the Age of Majority

Our Application and Website are not intended for children under the age of majority in their jurisdiction of residence (“minors”) and minors are not permitted to use our Website. We will remove any information provided by a minor if we become aware of it. Parents and legal guardians are welcome to provide information on behalf of minors.

We may provide our goods and services to minors 13 years of age or older, and parents or guardians of children 13 or older are welcome to use our Website and Application to order and use our goods and services on their children’s behalf, including by entering their children’s information on our Website or in our Application. However, our Website and Application are not intended to be directly used by minors. No minor may provide any information to or on the Website or in the Application. We do not knowingly collect Personal Data (as defined below) directly from minors. If you are minor, please ask your parent or guardian to access and use the Website or Application for you, and please do not use, or provide any information on our Website, Application, or on or through any of their features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data directly from a minor without verification of parental or guardian consent, we will delete that information. If you believe we might have received any information from a minor, please contact us at support@SmileDirectClub.com

Information We Collect About You and How We Collect It

We collect different types of information and data about you, including information and data that may directly identify you or be used to identify you, information or data that is about you but individually does not personally identify you, and information and data that we combine with our other users. This includes information and data that we collect directly from you or through automated collection technologies.

Generally

We collect several types of information and data from and about users of our Application and Website, specifically information and data:

• by which you may be personally identified, such as name; home, shipping, and postal address; e-mail address; home and mobile telephone number; credit card, debit card, or other payment information (solely for payment purposes); gender; date of birth; marital status; your medical history and name(s) of your medical and dental providers; identifying numbers; and other information about your past, present or future physical or mental health condition or the provision of health or dental care;
• that is about you but individually does not identify you, such as statistical and other communication data and the resources that you access and use on the Website and in the Applications; and/or
• about your internet connection and the equipment you use to access our Website and Application and usage details.

(collectively, “Personal Data”)

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through the Website or use the Application. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and
• From third parties, for example, your health and dental providers and our business partners.

Information You Provide to Us

The information and data we collect on or through our Website and Application are:

• information and data that you provide by filling in forms on our Website and Application. This includes information and data provided at the time of registering to use our Website or Application, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, or during a study you consent to participate in, and when you report a problem with our Website or Application;
• records and copies of your correspondence (including email addresses), if you contact us;
• your responses to surveys that we might ask you to complete for research purposes; an
• details of transactions you carry out through our Application and Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or our Application.

The Personal Data we collect from you is collected with your consent and required for us to provide you with our products and services and to facilitate communication between you and your licensed dental provider. You may withdraw your consent at any time by terminating your membership with us; however, we may no longer be able to provide you with our goods and services if you do.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website and Application or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Application and Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, such as:

• details of your visits to our Website or use of our Application or Social Media, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website or in the Application or Social Media; and
• information about your computer and internet connection, such as your IP address, operating system, and browser type.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Application and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Website and Application according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Website or Application.

Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy.

Health Information

We may process some Personal Data considered sensitive when necessary to carry out our obligations to you.

Some Personal Data processed by SmileDirectClub may be considered sensitive and/or protected, including Personal Data concerning your health. SmileDirectClub processes this information only to the extent necessary to carry out its obligations to your licensed dental care provider and you, and to provide your licensed dental provider and you with our goods and services.

How We Use Your Information

We use your Personal Data for various purposes described below, including to:

• provide our Application and Website to you;
• provide you with information you request from us and your licensed dental provider;
• enforce our rights arising from contracts;
• notify you about changes; and
• provide you with notices about your account.

We use information that we collect or receive about you or that you provide to us, including any Personal Data, for the following purposes:

• to present our Website and Application and their contents to you;
• to provide your licensed dental provider and you with information, products, or services that your provider or you request from us;
• to fulfill any other lawful purpose for which you provide it;
• to provide you with notices about your membership, including expiration and renewal notices;
• to authenticate your identity;
• to monitor your compliance with any of your agreements with us;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes to our Website or Application or any products or services we offer or provide though them;
• to allow you to participate in interactive features on our Website and Application;
• to allow you to participate in, and us to administer, our contests, promotions and surveys;
• to manage or transfer our assets or liabilities, for example in the case of an actual or potential

acquisition, disposition or merger;

• in any other way we may describe when you provide the information; and
• for any other purpose with your consent, or as otherwise required or permitted by applicable law.

With your consent and in accordance with applicable law, we may also use your information to contact you through about and/or to promote and market our own goods and services that may be of interest to you. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by sending a written request to Customer Care C/OSDC Canada Incorporated, 79 Wellington St. W., #3000, Toronto ON M5K 1N2, or emailing us at support@smiledirectclub.com, or calling us at (800) 765-8951. Neither our services nor the treatment you receive from your licensed dental provider are/is not conditioned on your consent to receive promotional and/or marketing communications.

Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We disclose your Personal Data to a few third parties, including:

• Your licensed dental provider;
• our subsidiaries and affiliates;
• our third-party service providers, subcontractors, and business associates we use to support our business;
• to any company we might merge with or acquire, or that buys us, or in the event of change in structure of our company of any form;
• to comply with our legal obligations;
• to enforce our rights; and
• with your consent.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose without restriction aggregated information about our users and information that does not identify any individual.

We may disclose Personal Data that we collect or that you provide as described in this privacy policy:

• to your dental care provider;
• to our subsidiaries and affiliates, whose use and disclose of your Personal Data will be subject to this Privacy Policy;
• to contractors, service providers, subcontractors, and business associates, and other third parties we use to support our business;
• to a buyer or other successor in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SDC Canada Incorporated's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by SDC Canada Incorporated about our Website’s and Application’s users is among the assets transferred;
• to fulfill the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information;
• as otherwise required or permitted by applicable law; or
• with your consent.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Use, our Application’s End User License Agreement, and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of you, your licensed provider and/or her/his staff, SDC Canada Incorporated, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third-parties to market or advertise to you, our marketing or advertising to you, and other targeted marketing and advertising.

We do not control the collection and use of your information collected by third parties. When third parties receive or collect your information on our behalf, when possible, these organizations are under contractual obligations (including through the use of Business Associate Agreements) to maintain appropriate safeguards and protections, to use this data only for providing the services to us, and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We will only use your contact information to promote or market our own products and services through voice and text messages with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Website or Application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending a written request SDC Canada Incorporated, 79 Wellington St. W., #3000, Toronto ON M5K 1N2, or emailing us at support@smiledirectclub.com, or calling us at (800) 765-8951. If we have sent you a marketing or promotional email, you may click the unsubscribe link to be omitted from future email distributions. This opt out does not apply to information provided to SmileDirectClub as a result of a product purchase, your membership, product service experience or other transactions. Your aligner therapy treatment is not conditioned on your consent to receive marketing or promotional communications.

Accessing and Updating Your Personal Data

You may access and update your Personal Data at any time. You can review and change your Personal Data by logging into the Website or Application and visiting your account profile page. Also, upon your written request and our authentication of your identity, we will provide you with your other Personal Data under our control, information about the ways in which that information is being used, and a description of the individuals and organizations to whom that information has been disclosed.

You may also notify us through the Contact Information of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect. If a request to correct the accuracy of your Personal Data is not resolved to your satisfaction, we will annotate the Personal Data under our control with a note that the correction was requested but not made.

Do Not Track Signals

We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

As permitted by applicable law, we also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Application and Website confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and health information will be encrypted when being communicated between us and you.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or the Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information on the Website or in Application like message boards and other areas where you may post photographs, videos or other content. The information you share in public areas may be viewed by any user of the Website or Application.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to or from our Application or Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, the Application, or the operating system of your computer or mobile device.

Consent to Storage and Processing of Personal Data outside of Canada

We may transfer and process your Personal Data outside of Canada, including to the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.

In order to provide our Website, Application, products, and services to you, and for the other purposes outlined in this Privacy Policy, we may send and store your Personal Data across provincial or national borders, including to the United States or other jurisdictions outside of Canada with different (and perhaps weaker) privacy laws. In the event that we store or process your information in a jurisdiction outside of Canada, you acknowledge that the government, courts, law enforcement, or regulatory agencies of that jurisdiction may be able to obtain disclosure of your Personal Data pursuant to that jurisdiction’s laws. By using our Website or Application, you represent that you have read and understood the previous paragraph and hereby consent to the transfer, storage and processing of Personal Data across provincial or national borders and in foreign jurisdictions as described above.

Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Website or in the Application. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s or Application’s home page/screen. If we make material changes to how we treat our users’ Personal Data, we will provide notification through a notice on the Website’s or Application’s home page/screen. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website or the Application and this Privacy Policy to check for any changes.

Contact Information

You may contact us through the contact information below.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Data, or otherwise need to contact us, you may do so at: Privacy Officer C/O SDC Canada Incorporated 79 Wellington St. W., #3000Toronto ON M5K 1N2 support@smiledirectclub.com (800) 765-8951.