I. GENERAL INFORMATION
The ownership of the website https://orthodonticplanning.com (hereinafter, the
“Website”) is held by the Emirati commercial company “ORTHO PLANNING-FZCO”
(hereinafter, the “Website Owner”), a company established on June 6, 2024, identified
under the number 2985577-NHMUHTVM1QZOGY8XHRM9L8W5FLX-
K4XMYODK_HR1JGE, with its registered office located at Building A1, Dubai Digital
Park, Dubai Silicon Oasis, Dubai (United Arab Emirates-UAE), represented by Mr. Pau
AUGE GRACIA, in his capacity as Sole Administrator.
1.- GENERAL TERMS AND CONDITIONS OF USE
Purpose of the Terms: The Website
The purpose of these General Terms of Use (hereinafter, “Terms”) is to regulate
access to and use of the corporate website, which describes the services provided,
managed, and made available to the users of the Website (hereinafter, “Users”) by the
Website Owner, such as ClinCheck and setup services, designed to support
orthodontists and dental professionals in delivering exceptional patient care to
enhance orthodontic treatments through meticulous planning and cutting-edge
technology (hereinafter, the “Services”).
For the purposes of these Terms, the term “Website” will refer to the external
appearance of the screen interfaces, both in static and dynamic form, including the
navigation tree; and all elements integrated into the screen interfaces as well as the
navigation tree (hereinafter, “Contents”), as well as any Services or online resources
that may be offered to Users.
The Website Owner reserves the right to modify, at any time and without prior
notice, the presentation and configuration of the Website, the Contents, and the
Services that may be incorporated into it. The User acknowledges and agrees that the
Website Owner may interrupt, deactivate, and/or cancel any of these elements
integrated into the Website or access to them at any time.
In addition to the connection costs through the telecommunications network provided
by the access provider contracted by the User, some of the Contents or Services
offered by the Website Owner through the Website may be subject to prior
contracting of the Content or Service. In such cases, the corresponding General or
Specific Terms governing this will be clearly specified and/or made available to the
User.
The User
Accessing, browsing, and using the Website grants the User the status of “User,” and
by doing so, the User accepts all the Terms set forth herein, as well as any subsequent
modifications, without prejudice to the application of the relevant mandatory legal
regulations, as applicable. Given the importance of the foregoing, it is recommended
that the User read these Terms each time they visit the Website.
The Website provides a wide variety of information, services, and data. The User
assumes responsibility for making proper use of the Website. This responsibility will
extend to:
• The use of the information, Contents, and/or Services and data provided by the
Website Owner in a manner that is not contrary to these Terms, the Law,
morality, public order, or in any other way that may harm the rights of third
parties or the proper functioning of the Website.
• The truthfulness and lawfulness of the information provided by the User in the
forms provided by the Website Owner for accessing certain Contents or
Services offered by the Website. In any case, the User will immediately notify
the Website Owner of any event that could lead to the misuse of the
information registered in these forms, such as theft, loss, or unauthorized
access to identifiers and/or passwords, so that immediate cancellation can be
carried out.
Merely accessing the Website does not establish any kind of commercial relationship
between the Website Owner and the User.
The User declares that they are of legal age and possess the legal capacity sufficient to
be bound by these Terms. Therefore, this Website is not intended for minors. The
Website Owner disclaims any responsibility for the violation of this requirement.
II.ACCESS AND BROWSING OF THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
The Website Owner does not guarantee the continuity, availability, and usefulness of
the Website, nor the Contents or Services, and will make every effort to ensure its
proper functioning. However, it does not take responsibility or guarantee that access
to the Website will not be interrupted or that it will be error-free.
It also does not take responsibility or guarantee that the content or software that can
be accessed through the Website is free from errors or that it will not cause damage
to the User’s computer system (software and hardware). Under no circumstances will
it be liable for losses, damages, or any other type of harm arising from access,
browsing, and use of the Website, including, but not limited to, those caused to
computer systems or those caused by the introduction of viruses.The Website Owner is also not responsible for any damages that may be caused to
Users due to improper use of the Website. In particular, it is not liable for any outages,
interruptions, failures, or defects in telecommunications that may occur.
III. PRIVACY POLICY AND DATA PROTECTION
The Website Owner is committed to adopting the necessary technical and
organizational measures according to the appropriate security level for the risk of the
collected data.
Laws incorporated into this privacy policy:
This privacy policy is in compliance with the current regulations regarding the
protection of personal data on the internet, particularly:
• The Emirati Federal Legislative/Regulatory Decree No. 15 of 2020 on
Consumer Protection
• Regulation (EU) 2016/679 of the European Parliament and of the Council, of
April 27, 2016, regarding the protection of natural persons with regard to the
processing of personal data and the free movement of such data (GDRP),
Identity of the Data Controller
The data controller of the personal data collected through the Website is the Emirati
commercial company “ORTHO PLANNING-FZCO” (hereinafter, the Website Owner
and also the “Data Controller”).
Address: Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai (United Arab
Emirates-UAE)
Email: pauorthoplanningconsulting@gmail.com
Register of Personal Data
In compliance with the provisions of the GDPR and the Emirati Federal Law No. 15 of
2020 on Consumer Protection (which addresses the protection of personal data), we
inform you that the personal data collected by the Website Owner through the forms
provided on the Website will be incorporated and processed in our files for the
purpose of facilitating, streamlining, and fulfilling the commitments established between
the Website Owner and the User or for maintaining the relationship established in the
forms completed by the User, or to attend to a request or inquiry from the User.
Furthermore, in accordance with the provisions of the GDPR and the Emirati Law,
unless the exception provided for in Article 30.5 of the GDPR applies, a record of
processing activities is maintained that specifies, according to their purposes, theprocessing activities carried out and other circumstances established in the GDPR. The
processing of the User’s personal data will be subject, depending on their place of
residence, to the following principles outlined in Article 5 of the GDPR or the
principles established in the Emirati Personal Data Protection Law:
• Principle of lawfulness, fairness, and transparency: The User’s consent will be
required at all times, following complete transparency regarding the purposes for
which the personal data is being collected.
• Principle of purpose limitation: Personal data will be collected for specific,
legitimate, and explicit purposes.
• Principle of data minimization: Only personal data that is strictly necessary for the
purposes for which it is being processed will be collected.
• Principle of accuracy: Personal data must be accurate and kept up to date.
• Principle of storage limitation: Personal data will only be kept in a form that allows
identification of the User for as long as necessary for the purposes of processing.
• Principle of integrity and confidentiality: Personal data will be processed in a way
that ensures its security and confidentiality.
• Principle of accountability: The data controller will be responsible for ensuring that
the above principles are met.
Categories of Personal Data
The categories of personal data processed on the Website are solely identification
data. Under no circumstances are special categories of personal data processed in
accordance with Article 9 of the GDRP.
Legal Basis for the Processing of Personal Data
The legal basis for processing personal data is consent. The Website Owner commits
to obtaining the express and verifiable consent of the User for the processing of their
personal data for one or more specific purposes.
The User has the right to withdraw their consent at any time. Withdrawing consent
will be as easy as providing it. As a general rule, withdrawing consent will not affect the
use of the Website.
In cases where the User needs to or may provide their data through forms to make
inquiries, request information, or for reasons related to the content of the Website,
they will be informed if fulfilling any of these fields is mandatory, as they are essential
for the proper development of the operation being performed.
Purposes of the Processing of Personal Data
Personal data is collected and managed by the Website Owner in order to facilitate,
streamline, and fulfill the commitments established between the Website and the User,
or to maintain the relationship established in the forms completed by the User, or to
address a request or inquiry.
Additionally, the data may be used for commercial purposes such as personalization,
operations, statistics, and activities related to the corporate purpose of the Website
Owner, as well as for data extraction, storage, and marketing studies to tailor the
content offered to the User, and to improve the quality, performance, and navigation
of the Website.
At the time personal data is collected, the User will be informed of the specific
purpose or purposes of the processing to which their personal data is destined; that is,
the use or uses that will be made of the collected information.
Retention Periods of Personal Data
Personal data will only be retained for the minimum time necessary for the purposes
of processing and, in any case, until the User requests its deletion.
At the time personal data is collected, the User will be informed of the period during
which the personal data will be retained or, when this is not possible, the criteria used
to determine that period.
Recipients of Personal Data
The User’s personal data will not be shared with third parties.
In any case, at the time personal data is collected, the User will be informed about the
recipients or categories of recipients of the personal data.
Confidentiality and Security of Personal Data
The Website Owner is committed to adopting the necessary technical and
organizational measures, according to the appropriate security level for the risk of the
collected data, in order to guarantee the security of personal data and prevent
accidental or unlawful destruction, loss, or alteration of personal data, or unauthorized
communication or access to such data.
However, since the Website Owner cannot guarantee the impenetrability of the
internet or the total absence of hackers or others who may fraudulently access
personal data, the Data Controller commits to informing the User, without undue
delay, in the event of a personal data security breach that is likely to result in a high
risk to the rights and freedoms of individuals. Following the provisions of Article 4 of
the GDPR, a personal data security breach is understood to mean any breach of
security that leads to the accidental or unlawful destruction, loss, or alteration of
personal data transmitted, stored, or processed in any other way, or unauthorized
communication or access to such data.Personal data will be treated as confidential by the Data Controller, who commits to
informing and ensuring, through a legal or contractual obligation, that this
confidentiality is respected by their employees, associates, and any person to whom
the information is made accessible.
Rights Deriving from the Processing of Personal Data
The User, depending on their place of residence, may exercise the following rights
before the Data Controller, as recognized by the GDPR or those recognized in the
Emirati Personal Data Protection Law:
• Right of Access: The User’s right to obtain confirmation of whether the Website
Owner is processing their personal data, and if so, to obtain information about their
specific personal data and the processing carried out or to be carried out by the
Website Owner, as well as, among others, information on the source of such data and
the recipients of any communications made or intended.
• Right of Rectification: The User’s right to have their personal data corrected if found
to be inaccurate or, considering the purposes of the processing, incomplete.
• Right of Deletion: The User’s right to request the deletion of their personal data
when they are no longer necessary for the purposes for which they were collected or
processed; when the User has withdrawn their consent to the processing and there is
no other legal basis for the processing; when the User objects to the processing and
there is no other legitimate reason to continue processing; when the personal data
have been processed unlawfully; or when the personal data must be deleted in
compliance with a legal obligation. In addition to deleting the data, the Data Controller,
considering available technology and the cost of its implementation, must take
reasonable steps to inform the controllers processing the personal data of the data
subject’s request to delete links to those personal data.
• Right to Restriction of Processing: The User’s right to limit the processing of their
personal data. The User has the right to obtain the restriction of processing when they
contest the accuracy of their personal data; when the processing is unlawful; when the
Data Controller no longer needs the personal data, but the User needs them for the
establishment, exercise, or defence of legal claims; and when the User has objected to
the processing.
• Right to Data Portability: If the processing is carried out by automated means, the
User has the right to receive their personal data from the Data Controller in a
structured, commonly used, and machine-readable format, and to transmit it to
another data controller. Whenever technically feasible, the Data Controller will
directly transmit the data to the other controller.
• Right to Object: The User’s right to object to the processing of their personal data
or to request the cessation of such processing by the Website Owner.• Right Not to Be Subject to Automated Decision-Making, Including Profiling: The
User’s right not to be subject to a decision based solely on automated processing,
including profiling, unless permitted by applicable law.
Therefore, the User may exercise their rights through written communication to the
Data Controller specifying:
The User’s full name and a photocopy of their identity document. In cases where
representation is allowed, identification of the person representing the User, as well as
proof of the representation, will also be required. The identity document photocopy
may be replaced by any legally valid means to prove identity.
The request with specific reasons for the request or the information the User wishes
to access.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document supporting the request being made.
This request and any other attached documents may be sent to the Emirati company
“ORTHO PLANNING-FZCO” (the Website Owner and also “Data Controller”).
Address: Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai (United
Arab Emirates-UAE)
Email: pauorthoplanningconsulting@gmail.com
Complaints to the Supervisory Authority
If the User believes that there is a problem or violation of the applicable regulations
regarding the way their personal data is being processed, they have the right to
effective judicial protection and to file a complaint with a supervisory authority, in
particular, in the country where they have their habitual residence, place of work, or
the location of the alleged infringement.
Acceptance and Changes to this Privacy Policy
It is necessary for the User to have read and agree with the conditions regarding the
protection of personal data contained in this Privacy Policy, as well as to accept the
processing of their personal data so that the Data Controller can proceed with it in
the manner, within the timeframes, and for the purposes indicated. The use of the
Website will imply acceptance of its Privacy Policy.
The Website Owner reserves the right to modify its Privacy Policy according to its
discretion, or due to legislative, judicial, or doctrinal changes from the Data Protection
Agency. Any changes or updates to this Privacy Policy will be explicitly notified to the
User.
IV.COOKIE POLICY
Accessing this website may involve the use of cookies. Cookies are small pieces of
information stored in the browser used by each user, on the different devices they
may use to browse, so that the server can remember certain information that will later
be read only by the server that implemented it. Cookies facilitate navigation, make it
more user-friendly, and do not harm the browsing device.
The information collected through cookies may include the date and time of visits to
the website, the pages viewed, the time spent on the site, and the sites visited just
before and after. However, no cookie allows the website to contact the user’s phone
number or any other personal contact information. No cookie can extract information
from the user’s hard drive or steal personal information. The only way that the user’s
private information becomes part of the cookie file is if the user personally provides
this information to the server.
Cookies that allow the identification of a person are considered personal data.
Therefore, the aforementioned Privacy Policy will apply to them. In this regard, the
user’s consent will be required for their use. This consent will be communicated, based
on an authentic choice, offered through an affirmative and positive decision before the
initial processing, revocable, and documented.
Own Cookies
These are cookies that are sent to the user’s computer or device and managed
exclusively by the website owner for the optimal functioning of the website. The
information collected is used to improve the quality of the website, its content, and the
user experience. These cookies allow the website to recognize the user as a recurring
visitor and tailor content to offer them material that matches their preferences.
Disabling, rejecting, and deleting cookies
The user can disable, reject, and delete cookies – either partially or entirely – installed
on their device through their browser settings (such as Chrome, Firefox, Safari, or
Explorer). The procedures to refuse and delete cookies may differ from one web
browser to another. Therefore, the user should refer to the instructions provided by
the specific browser they are using. In the event that the user refuses the use of
cookies – either partially or entirely – they can still use the website, but some features
may be limited.
Changes to the Cookie Policy
It is possible that the Cookie Policy of the website may change or be updated.
Therefore, it is recommended that the user review this policy every time they access
the website to stay properly informed about how and for what purposes we use
cookies.
V.INTELLECTUAL AND INDUSTRIAL PROPERTY
The Owner of the Website holds all intellectual and industrial property rights of the
Website, which are protected by Spanish law and international treaties on the matter.
Thus, all content on the Website, including computer programs, software, graphical
user interface elements, or other elements related to the content and/or services
made available to Users of the Website by the Owner, are exclusively owned by the
Website Owner.
Access to the Website is granted to the User free of charge by the Website Owner.
This usage license does not grant any rights over the elements of the Website
protected by intellectual and industrial property rights.
All rights reserved: Reproduction, distribution, and public communication, including the
mode of making available, of the entire or part of the contents of this Website for
commercial purposes, in any format and by any technical means, are expressly
prohibited without the authorization of the Website Owner.
If the User or a third party believes that any of the Website’s Content violates
intellectual property protection rights, they should immediately notify the Website
Owner using the contact details provided on the Website.
VI.LEGAL ACTIONS, APPLICABLE LEGISLATION, AND JURISDICTION
The relationship between the User and the Website Owner will be governed by
Emirati law. In case of any dispute regarding the interpretation and/or application of
these Terms, the parties will submit their conflicts to the jurisdiction of the Emirati
Courts.
The Website Owner reserves the right to initiate civil or criminal actions deemed
necessary for the improper use of the Website and its Content, or for the breach of
these Terms.