Speech Therapist App Privacy Policy

Smile Train Speech Therapist App (the “App”) is a mobile application owned and operated by Smile Train, Inc.  (“Smile Train” “we,” “our,” or “us”), and designed for use on a mobile device as a tool to support speech therapists (“User,” “you,” “your,” or “yourself”) working with children who have had cleft repair surgery (each, a “Client”).  This Privacy Policy (the “Privacy Policy”) is intended to describe how we collect, use, and share information that we collect or obtain through the App and its supporting website, terapistas.smiletrainla.org (all references to the App in this Privacy Policy shall be deemed to also include such supporting website) and the information and services provided by the App (collectively, the “Services”).

IF YOU SUBMIT INFORMATION TO THE APP OR SERVICES ON BEHALF OF ANOTHER INDIVIDUAL OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL REQUIRED AND APPROPRIATE AUTHORITY, AUTHORIZATIONS, AND CONSENTS TO PROVIDE SUCH INFORMATION.

1.APPLICABILITY OF THIS PRIVACY POLICY

This Privacy Policy applies only to personal information that you submit or that we collect or receive through the App as well as any information that you may provide to us or that we may collect in connection with our provision of the Services.  This Privacy Policy does not apply to other Smile Train websites or applications, including www.smiletrain.org, which is governed by the privacy policy available here.

2. INFORMATION WE COLLECT

As described in this Privacy Policy, we may collect certain personal information from or about you in connection with your use of, or your submissions to, the App and our provision of the Services. “Personal information,” for purposes of this Privacy Policy, generally includes information that may be used to identify you. You are not required to provide all personal information identified in this Privacy Policy; however, please be advised that if you do not provide the personal information requested, we may be unable to provide some or all of the Services.

Users

To use the App, you will be required to create a User account. We collect the following information regarding Users when you register for an account:

• First and last name
• Email address
• Username and password

We may also collect additional information, such as your organization, phone number, address and country location, job title, preferred language, and area of expertise, when you communicate with us, submit inquiries, request customer support, or when you otherwise submit information to us. We may also collect audio and video recordings if you choose to submit such information to the App and Services.

We may also obtain information regarding the User’s location or the location of your device through which you access the App and Services. For example, we collect general location data when you provide us with your address. In the event we may collect precise information about the location of your device, we will obtain your consent as required by law. Once you have consented to the collection of the precise location of your device, you may revoke this consent by managing your location services preferences through the settings of your device.

Clients

As the App and Services are designed as a tool to support Users working with Clients, Users may submit information about their Clients to the Services. This information may include the Client’s name, age, gender, address, email address, phone number, and other information Users choose to submit to us regarding the Client as well as the name and contact information for the parent, guardian, or other representative of minor Clients (“Representative”). Due to the nature of the Services, Users may also submit certain special categories of personal information, such as Client health information, to the App and Services. For example, Users may submit information about a Client’s cleft, weight, or health condition, treatment and therapy history, and related information. In order to provide the Services and to assist Users in assessing Client’s progress, Users may also submit photographs and videos of the Clients showing their cleft condition and progress. For additional information regarding the processing of information of minors, please see the “Information About Minors” section of this Privacy Policy.

As set forth above, by submitting information on behalf of another individual or entity, including any health information, you represent and warrant that you have all required and appropriate authority, authorizations, and consents to provide such information.

Cookies, Device Information, and Similar Technologies

We also may collect certain information using cookies and other technologies, such as web beacons, device IDs, HTML5 local storage, and IP addresses. We use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for performance/analytics. We may also automatically collect certain data about your device, such as information about your web browser, IP address, time zone, mobile device ID, model, manufacturer, operating system, version information, carrier-related information, and IDs related to the cell phone hardware in your phone as well as the network to which the device is connected, mobile phone number, application-specific and instance-specific identifiers, and general location information, as further described in this Privacy Policy. Our “Use of Cookies and Similar Technologies” section contains more information and options to control or opt-out of certain data collection or uses related to cookies and similar technologies.

Anonymous or De-identified Data

We may create de-identified or anonymous data from personal information by removing data components (such as your name or email address) that makes the data personally identifiable to you or through obfuscation or through other means. Our use of anonymized data is not subject to or restricted by this Privacy Policy.

3. HOW WE COLLECT AND USE INFORMATION

We collect personal information when you use or interact with the App and Services, create or activate your account, or otherwise utilize the App and Services. We also collect personal information when you communicate with or submit information to us, including when you submit information to the App and Services and when you submit inquiries or request information. Additionally, we may collect personal information when you subscribe or sign up to receive communications, materials, or other information from us.

We may collect certain personal information using cookies and other technologies, such as web beacons, device IDs, geolocation, HTML5 local storage, and IP addresses, as further described in this Privacy Policy. Our “Use of Cookies and Similar Technologies” section contains more information and options to control or opt-out of certain data collection or uses related to cookies and similar technologies.

We use the personal information we collect as described in this Privacy Policy, including for the following purposes:

• to administer and provide the App and Services, including to enable Users to create, update, and maintain Client profiles;

• to contact and communicate with you in connection with the App and Services and to address and respond to inquiries or requests;
• to develop and improve the App and Services, including to better tailor the features, performance, and support of the App and Services, for research, statistical, and analytics purposes;
• for fraud, loss, and other crime prevention purposes, to assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights, interests, and property, or the rights or safety of third parties;

to enforce agreements or to comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.

4. HOW WE MAY DISCLOSE INFORMATION

We may disclose personal information as described in this Privacy Policy, including:

• Affiliates. To our subsidiaries, affiliates, and other companies under our common control or within our corporate family, for the purposes described in this Privacy Policy.
• Vendors. To contractors, service providers, vendors, and other third parties we use to support our business and provide the App and Services, including for technical and processing functions, technical support, and analytics.
• Legal and Compliance. To comply with any court order, law, or legal process, including to respond to any government or regulatory request. To enforce agreements and to assert and defend against legal claims.
• Protection of Rights and Interests. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company or other third parties (including any Users, Clients, or Representatives), and to investigate, detect, or prevent against fraud or other illegal activity.

Corporate Transactions. Subject to applicable law, to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or transfer of all or a portion of our assets. If any such transaction occurs, the purchaser will be entitled to use and disclose the personal information collected by us in the same manner that we are able to, and the purchaser will assume the rights and obligations regarding personal information as described in this Privacy Policy.

5. BASES FOR PROCESSING

We may use personal information for a variety of different purposes as set out in further detail in this Privacy Policy.  Subject to applicable law, we process personal information pursuant to the following legal bases:

• To perform our contractual obligations to you, including to fulfil your request for Services, or to take steps in response to information or inquiries you may submit prior to entering into a contract with us.

• To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.

For our legitimate interests, including to operate our organization and provide the App and Services. We will not process personal information pursuant to our legitimate interests where we believe such interests are overridden by the interests or fundamental rights and freedoms of the individual.

• To protect the vital interests of you or of another person.
• For the performance of tasks carried out in the public interest.
• With consent, where we are not already authorized to process the personal information under applicable law.

6. USE OF COOKIES AND SIMILAR TECHNOLOGIES

The App may use cookies and similar technologies to improve user experience, for performance and analytics, and to improve our content, products, and services. A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track personal information previously entered by a web user on the site. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and similar information.

Cookies, as well as other tracking technologies, such as HTML5 local storage and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data. We may also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution, browser software, and operating system types, clickstream patterns, dates and times that our site is accessed, and other categories of data.

We may also use third-party solutions like Google Analytics to help us understand how visitors use the App and to evaluate usage trends. You can read more about how Google uses personal information here. You can also opt-out of Google Analytics here.

If you want to block or delete cookies, you should take the necessary steps within your web browser’s settings. Please note that if you choose to delete or block cookies, certain parts of our App may not function correctly. For information on how to disable cookies, refer to your browser’s settings and instructions.

7. DO NOT TRACK

Do-Not-Track is a public-private initiative that has developed a “flag” or signal that an Internet user may activate in the user’s browser software to notify websites that the user does not wish to be “tracked” by third-parties as defined by the initiative.  Please note that the site does not alter its behavior or use practices when we receive a Do Not Track signal from your browser.

8. INFORMATION ABOUT MINORS

To use the App, you must be at least 18 years of age or the age of majority in the country or municipality of your residence if different. Due to the nature of our Services, we may collect or receive personal information about minor Clients in order to provide and facilitate the Services. We do not knowingly collect information directly from minors without the consent of the minor’s Representative, except as required by law or for safety and security purposes. If you become aware that a minor has provided us with personal information without appropriate consent, please contact us at speech@smiletrain.org. If we become aware that a minor has provided us with personal information without appropriate consent, we will take steps to remove the data as permitted by law.

9. YOUR RIGHTS REGARDING PERSONAL INFORMATION

Subject to applicable law, you may have the following rights regarding your personal information, including the right to request confirmation from us as to whether or not we are processing your personal information. Where we are processing your personal information, subject to applicable law, you may also have the right to:

• Request access to, modification of, or correction of your personal information. You have the right to request access to, modification of, or correction of your personal information. If you have registered for an account, you can also make changes to your personal information within your account settings.
• Request deletion of your personal information. You have the right to request that we delete the personal information that we have collected about you.
• Request restriction of processing. You have the right to request that we restrict processing of your personal information in certain circumstances, such as where you believe that the personal information we hold about you is inaccurate or our processing is unlawful.
• Object to processing. In certain circumstances, you may have the right to request that we stop processing your personal information, such as a request to stop sending you direct marketing communications. To opt-out of direct marketing communications, please see the instructions in the “Updating Your Communications Preferences and Withdrawing Consent” section of this Privacy Policy.
• Data portability. In certain circumstances, you may have the right to receive the personal information concerning you that you provided to us or to request that we transmit your personal information to another data controller.
• Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority.

To exercise your rights, please contact us as at speech@smiletrain.org.Please note, the above rights may be subject to various exclusions and exceptions under the law, and, under certain circumstances, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Furthermore, where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request.

Please note that, where we have received your information through a third party, or where we are otherwise operating as a processor, we may refer you to such third party with whom you have a direct relationship in order to implement your request, pursuant to applicable law.

10. UPDATING YOUR COMMUNICATIONS PREFERENCES AND WITHDRAWING CONSENT

Where consent is the basis of processing, you may at any time withdraw the consent you provided for the processing of your personal information for the purposes set forth in this Privacy Policy by contacting us at speech@smiletrain.org, provided that we are not required by applicable law or professional standards to retain such information.

If you would like to stop receiving newsletters or other marketing or promotional messages, notifications, or updates, you may do so by following the unsubscribe instructions that appear in these e-mail communications, or you may contact us at speech@smiletrain.org to opt-out of direct marketing. Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices.

Please note that if you do not provide consent, if you withdraw your consent or object to processing, or if you choose not to provide certain personal information, we may be unable to provide some or all of the Services.

11. LINKS TO OTHER SITES

The App may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”).  Please note that we have no control over and are not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Policy does not apply to Third-Party Sites.  We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact.

12. DATA RETENTION

We will retain your personal information for as long as is necessary to fulfill the purposes for which we obtained the personal information, including to provide the App and Services, or for such longer period as may be required or permitted by applicable law. We will also retain your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and policies. We use the following criteria to set our retention periods: (i) the duration of our relationship with you; (ii) the purposes for processing your personal information and associated legal bases; (iii) the existence of a legal obligation as to the retention period; (iv) our contractual obligations; and (v) the advisability of retaining the information in light of our legal position (for example, applicable statutes of limitations, litigation, or regulatory investigations).

13. DATA SECURITY

We implement technical and organizational security measures designed to secure and protect personal information. Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of personal information.

14. TRANSFER OF DATA

Please note that if you are visiting the App from outside of the United States, your information may be transferred to, stored, and/or processed in the United States.  The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country.  If you are located outside of the United States, the transfer of personal information may be necessary to provide you with the requested information and services and/or to perform any requested transaction. By downloading or using any portion of the App, you acknowledge and consent to the transfer of your information to our facilities in the United States.

15. UPDATES TO THIS POLICY

We may update this Privacy Policy from time to time.  The most recent version of the Privacy Policy is reflected by the version date located at the top of this Privacy Policy. We encourage you to review this Privacy Policy often to stay informed of how we may process your information.

16. CONTACT INFORMATION

If you have questions about this Privacy Policy or our privacy practices, please contact us by e-mail at speech@smiletrain.org or by mail using the details provided below:

Smile Train

633 3rd Ave
New York, New York
+1.212.689.9199