General Privacy Policy

Effective: October 12, 2021

1. Scope of This Policy

This Privacy Policy is designed to inform users of the Pearl Inc. website at hellopearl.com (the “Site”) and/or users of any of our products or services (collectively with the Site, the "Service") about how we gather and use personal information in connection with theService.  “Pearl” or the terms “we,”“us,” “our,” or similar terms refer to Pearl Inc. “You” or “your” or similar terms refer to you as a user of our Service. If you have any questions regarding this information or our privacy practices, please contact us via the method set out in the How to Contact Us section at the end of this Privacy Policy.

2. Agreement to Terms

By using our Service, you consent to our Privacy Policy and Terms of Use and to our collection, use, and sharing of your information, and other activities, as described below. If you do not agree to the terms of this Privacy Policy or our Terms of Use, then you should immediately discontinue use of the Service without providing us with any personal information.

3. Information We Collect

Pearl collects the following categories of personal information (a) directly from you, such as through registration or feedback forms, (b) from the device and browser that you use to access our Site, and (c)cookies and similar technologies.

·      Identifiers. We may collect first and last name and account username and password.

·      Professional Information. We may collect professional contact details from you. This includes your title or position and professional contact information (e.g., address, email address, and phone number).

·      Payment Information. In the event you make a payment using a corporate or other credit card issued in your name, we collect your name and credit card number, expiration date, and CVV code.

·      Device Information. We collect device information when you visit our Site. This includes your computer or mobile device type, browser type, online identifiers, IP address, and geolocation information.

·      Interaction with our Site. We may collect information concerning your interaction with our Site, including when you access the Site and your browsing activity on the Site (such as which pages you visit, in what order, and for how long). This may include “traffic” data or tracking information provided by the Site’s host or similar providers (e.g.,HubSpot) that may be helpful for marketing purposes or for improving theService.

You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to respond to your requests or allow you to register an account.

4. Health Information

We primarily provide services to dentists’ offices, dental laboratories, and other business entities. We provide these entities with software and other services to assist them in the diagnosis and treatment of medical conditions and to support their business operations. These entities may provide personal information, including health and medical information, about their patients to us in connection with their use of the Service. These entities are directly responsible to their patients for the use and disclosure of patient health or medical information.

In addition, patient information provided to us by these entities may be considered Protected Health Information as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and HealthInformation Technology for Economic and Clinical Health Act and in regulations promulgated there under and it may also be subject to regulation under state law. We offer and provide Services in a manner that complies with all applicable laws and regulations we are aware of and/or become known to us and will continue to do so.  

5. Cookies

We store certain information that gets collected automatically at our end through cookies and other similar technologies on ourSite. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional or analytical. The cookies we use are generally divided into the following categories:

·      Strictly Necessary Cookies. These are required for the operation of our Site. They include, for example, cookies that are intended to secure our Site.

·      Analytical/Performance Cookies. These allow us to recognize and count the number of users on our Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located).This helps improve how the Site works, for example, by ensuring that users can find what they are looking for easily.

·      Functional Cookies. These improve the functional performance of the Site and make it easier for you to use. For example, cookies are used to remember that you previously visited our Site and your preferences.

You can prevent the use of certain cookies by modifying yourInternet browser settings, typically under the sections “Help,” “InternetOptions,” or “Settings.” If you disable or delete certain cookies in yourInternet browser settings, you may still access our Site, however, you might not be able to access or use important functions or features of our Site.

Do-Not-Track Signals. At this time, Pearl does not recognize automated browser signals regarding tracking mechanisms, which may include “do-not-track” instructions.

6. Children’s Privacy

The Service is not directed at users under the age of 16 andPearl does not knowingly collect personal information from individuals under the age of 16. If you are aware of, or suspect that, someone under the age of 16is using the Service without permission, please notify us immediately by contacting us as detailed below. If you have questions or concerns about theInternet and privacy for your child, we encourage you to check out the FTCGuidelines for protecting your child’s privacy online.

7. Our Use of Personal Information

We collect and use personal information for the following purposes:

·      Providing the Service and providing goods and services request by, or reasonably anticipated within the context of our relationship with, you;

·      Managing our relationship with you;

·      Responding to inquiries or requests and requesting feedback;

·      Tracking use of login credentials to access our Service;

·      Analyzing use of, and improving, our Service;

·      Administering promotions, events, or surveys;

·      Providing relevant promotional materials and other marketing;

·      Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for such activity;

·      Conducting investigations, complying with legal and regulatory obligations and industry standards, and responding to lawful requests for information from the government or pursuant to valid legal process.

8. Our Disclosure of Personal Information

Pearl may share personal information with the following third parties:

·      Service providers, who help us provide, maintain, and improve the Service, including IT service and hosting providers, web analytics providers, customer invoicing providers, and marketing providers.

·      Advisers and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisers.

·      Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

·      If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider(collectively, a “Transaction”), your personal information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.

9. Privacy Choices

If you no longer want to receive marketing communications from us, you may unsubscribe at any time by following the unsubscribe options in the communication itself or selecting the opt-out box in your user account.Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or order processing.

If you wish to access, update, and/or correct inaccuracies in your account information, you may do so by logging into your account.

10. Security

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive through theService.

Whenever personal information is given out online there is a risk that third parties may intercept and use that information. Although we seek to protect personal information and privacy, we cannot guarantee the security of any information disclosed online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

You play an important role in keeping your information secure. You should not share your password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the information in the How to Contact Us section below

11. Additional Disclosures for Residents of the United Kingdom (UK) and European Union (EU)

This section provides additional information for residents of the UK and EU.

Data Transfers

As a US company, most of our operations are conducted in the United States and, to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers. With respect to transfers originating from the European Economic Area, we implement the standard contractual clauses approved by the European Commission.

We comply with the EU-U.S. Privacy Shield Framework andSwiss-U.S. Privacy Shield Framework as set forth by the U.S. Department ofCommerce regarding the collection, use, and retention of personal information transferred from the EU and Switzerland to the United States. We have certified to the Department of Commerce that it adheres to the Privacy Shield Principles.If there is any conflict between the terms in this privacy policy and thePrivacy Shield Principles, the Privacy Shield Principles shall govern. To view our privacy shield policy, visit https://www.hellopearl.com/legal/privacy-shield-policy. To learn more about the Privacy Shield program please visit https://www.privacyshield.gov/.

Retention of Personal Information

We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

Legal Basis for ProcessingPersonal Information

Where required, we have several different legal grounds on which we collect and process personal information for the purposes set out in the section above, Our Use of Personal Information, including: (i) as may be necessary to perform a contract; (ii) as necessary to comply with a legal obligation; (iii) consent (where you have provided consent as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Decision-making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

YourRights

To the extent required under applicable law, EU and UK residents have the right of:

·      Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.

·      Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.

·      Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such data to comply with a legal obligation or to establish, exercise or defend legal claims.

·      Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.

·      Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.

·      Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation (e.g., direct marketing). We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise, or defense of a legal claim.

·      Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our processing of your information on the basis of your consent before the point in time when you withdraw your consent, nor will it affect the processing of personal information conducted in reliance on lawful processing grounds other than consent.

Some rights may be limited, and we may need to retain certain personal information as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at customersupport@hellopearl.com with the subject line “EU Privacy” so that we can get your email to the right team. We will respond to your request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

12. Additional Disclosures for Residents of Brazil

This section provides additional information for residents of Brazil.

DataTransfers

As a US company, most of our operations are conducted in theUnited States and to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers.

Retention of Your Personal Information

We retain personal information for as long as necessary to fulfill the purposes for which the information was collect; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

Legal Basis for Processing YourPersonal Information

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the Our Use of Personal Information section above, including: (i) as may be necessary to perform a contract; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Processing

We do not use automated processing to make decisions that may affect you significantly. However, we use profiling and analytics to understand how people use our Site. These analytics help us understand and improve the Service. We also use artificial intelligence in our platform to assist dental professionals with the diagnosis and treatment of dental conditions but any output from our platform is reviewed by a dental professional.

Your Rights

As available and except as limited under applicable law, individuals in Brazil have the rights to request:

·      Confirmation of processing of personal information;

·      Access to your personal information;

·      Correction of incomplete, inaccurate, or outdated personal information;

·      Anonymization, blocking, or deletion of unnecessary, excessive information;

·      Personal information portability to another service provider or product, upon express request;

·      Deletion of personal information processed withy our consent;

·      Obtaining information about the entities with which Pearl has shared your personal information;

·      Information on the possibility of you not providing consent, as well as being informed about the consequences should you not give consent;

·      Revocation of consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at customersupport@hellopearl.comwith the subject line “Brazil Privacy” so that we can get your email to the right team. We will respond to your request consistent with applicable law.

13. Additional Disclosure for Residents of Australia and New Zealand

If you are resident of Australia or New Zealand, you have the right to access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access or update/correct your personal information, contact us at customersupport@hellopearl.comwith the subject line “AU/NZ Privacy” so that we can get your email to the right team. We will respond to your request consistent with applicable law.

As a US company, most of our operations are conducted in theUnited States and to provide the Service, personal information will be processed in the United States. When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information.  

If you have any questions or wish to lodge a complaint, you may do so by contacting us at the information in the How to Contact Us section below. If you submit a complaint, we will investigate your complaint and determine the steps that we will take to resolve it. We will contact you if we need any additional information from you and will notify of the outcome of the investigation

14. Additional Disclosures for Residents of Canada

This section contains additional disclosures for residents of Canada. If you wish to access, update, and/or correct inaccuracies in your personal information or change your consent preferences, you may log into your account or contact us at customersupport@hellopearl.com with the subject line “Canada Privacy” so that we can get your email to the right team. You may also contact us for information about how foreign-based service providers process your personal information or if you have any questions or complaints about the manner in which we treat your personal information.

We retain personal information for as long as necessary to fulfill the purposes for which the information was collect; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

15. Links to Other Websites

For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Site to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.

16. Effective Date and Changes to This Privacy Policy

This Privacy Policy is effective as of the date at the top of this policy. Pearl has the discretion to update this Privacy Policy at anytime. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.

17. How to Contact Us

If you have any questions about this Privacy Policy or our Service, please contact us at customersupport@hellopearl.com.

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