Terms of Trade and Privacy Policy

Terms of Trade
1. Our standard consultation fees are available upon request. Our fees take into account the following factors:
• the time spent;
• the complexity of treatment; and
• the costs of running an orthodontic practice
2. We require payment of our fees immediately after your consultation or services provided.
3. If payment is not made immediately, we will invoice you and will charge you an administration fee for doing so. Your account may be sent to a debt collection agency if not fully paid within 60 days.
We may also:
• charge you interest at our bank’s overdraft lending rate calculated on a daily basis from the date of your consultation until payment; and / or
• charge you the cost of recovery of the outstanding fees and interest including our legal costs on a solicitor/client basis, any Court costs and disbursements, service or collection fees; and / or
• decline to provide you with further services including treatment discontinuation.
Milk Orthodontics account details :
A/C name: Smile Logic Limited
Bank name: Westpac Takutai Square
Account number: 03-0104-0438330-000
4. In this document:

• “You” means any patient of Milk Orthodontics;
• “ We”, “Us” and “Our” means Smile Logic Limited trading as Milk Orthodontics.
You authorise us to:
• make enquiries with any previous dental or medical practitioners and health professionals you may have engaged regarding your dental and
medical history and you authorise disclosure by those people to us; and
• make enquiries with from time to time with credit agencies regarding your credit history and to release information from time to time to the extent where necessary for the purpose of making such enquiries (and you authorise disclosure by those agencies to us); and
• disclose any information about you for the purpose of instructing other persons including a debt collecting agency to recover any outstanding fees from you; and
• send you information about how we may assist you by providing other dental or orthodontic services to you.
You acknowledge that:
• All services may attract a fee; and
• you remain liable for all fees, costs and disbursements (e.g. laboratory or appliance costs) charged by us for the services provided
notwithstanding that these may be recoverable by us from a third party (e.g. insurance providers).


Terms of Trade (Corporate)
1. By instructing us, you accept liability for our accounts. If you instruct us on behalf of someone else you remain
liable to pay our account if it is not paid by that person.
2. Our fees take into account multiple factors including but not limited to:
• time spent;
• complexity;
• equipment;
• consumables; and
• costs of running an orthodontic practice.
We reserve the right to change our fee structure from time to time, on the basis that at any time you may request
the current Schedule of Charges.
3. Quotations provided for Services are valid for 90 days from the date of quotation.
4. We will carry out our Services with due professional care and in accordance with accepted practices of the Dental Council of New Zealand.
5. You acknowledge and accept that:
• where you provide specific documentation for completion as part of the Services provided to you that our obligation to provide documentation will be limited to the completion of your specific documentation;
• we will not release clinical information to you without appropriate consent from the patient(s) seen by us as part of the Services;
• element of professional judgement may be required to complete the Services and at times this may be subjective in nature and can only
be made based on evidence available at the time the Services are carried out; and
• additional correspondence with us concerning the outcomes of Services may result in additional charges;
• in no instance shall we bear any liability for any indirect, direct, consequential, or special loss or damages suffered by you or your employee(s) or prospective employee(s) resulting from provision of the Services whether in contract, tort, negligence or otherwise. You indemnify and shall keep us indemnified against any such loss or damages. In the event we are found to bear liability, our liability to you is limited to the amount of the fees and costs charged by us for carrying out the Services;
• you are liable for all fees, costs and disbursements charged by us (including third party costs such as external laboratory testing) in relation to the Services provided.
6. Payment of our account is to be made by the 1st day of the month following the month of the date of the invoice (“Payment Date”). In the event that payment of our account in full is not received by the Payment Date, late payment fees and interest may be charged.
7. You acknowledge that should you default in your payment obligations to us and we incur expenses in enforcing our rights, you will pay those expenses (including all costs on a solicitor/client basis and any court costs and disbursements, and any service or collection fees) to us on demand.
8. You may terminate our Services at any time. You must pay us our fees for Services and all expenses incurred up to the date of termination .
9. We owe a duty of care to you as our client and not to any other person. Before any other person may rely on our advice we must expressly agree to this.
10. You authorise us to:

• make enquiries with from time to time with credit agencies regarding your credit history and to release information from time to time to the extent where necessary for the purpose of making such enquiries (and you authorise disclosure by those agencies to us); and
• disclose any information about you for the purpose of instructing other persons including a debt collecting agency to recover any outstanding debt owing to us from you
11. These Terms of Trade apply to any current instructions and also any future instructions whether or not we send you a copy of them. You acknowledge that if you require our Services for the purposes of the business then the provisions in the Consumer Guarantees Act 1993 will not apply.
12. We are entitled to change these Terms of Trade from time to time, in which case we will send you a copy of the amended Terms of Trade.
13. Our relationship with you is governed by New Zealand law and New Zealand courts have exclusive jurisdiction.
14. In this document:
• “You”, “Your” means any Company, Entity (natural or otherwise) or representatives of a Company or Entity to which Smile Logic Ltd is providing or has provided Services to;
• “We”, “Us” and “Our” means Smile Logic Ltd and its representatives.
“Services” means any medical, dental or administrative services carried out by Smile Logic Limited or its representatives on your behalf or on behalf of your current or prospective employees.


Privacy Policy
We respect the privacy of individuals who visit our website, or are patients or visitors of our clinic. Personal information is information about an identified individual or an individual who is reasonably identifiable. This Privacy Policy outlines our policy and processes regarding any personal information that we collect, keep, store and, use and who we share it with, so that you can decide whether and how you wish to provide information to us. In this Policy, the term “Smile Logic Limited” and “we” or “us” refers individually or collectively to Milk Orthodontics trading as Smile Logic Limited.
“You” means Persons accessing or using the Milk Orthodontics website;
• Persons providing or submitting personal information to us that is or could identify them;
• Other Persons about whom we collect, hold or store personal information.
Information that is provided to one or more of the Smile Logic Limited entities may be shared with, kept, stored and used with any other Smile Logic Limited entity for the purposes set out in this policy.
If you do not agree with this Privacy Policy, you may still use parts of the Milk Orthodontics website or make enquiries of us without providing any personally identifiable information. However, if you do provide any personal information or allow any other person to do so, this Policy will apply. Please note that whether or not you submit or provide information to us when you visit the Milk Orthodontics website or use our online services, we may have access to your IP address and may use cookies to provide certain functionality to you and to better understand how our services are being used. It is possible to block or delete some or all cookies by adjusting your computer settings, but you might lose some functions of the website. If you do not wish us to access your IP address or use cookies please adjust your settings or do not continue use of or access to the website.


What general personal information might we collect?
Personally identifiable information such as your name, e-mail address, residence address, gender, phone number, date of birth, is collected when sent
or provided to us by:
1. Members of the public and customers/clients/patients via emails, our website, Facebook or other social media; for example in registering for e-mail communications, making enquiries, participating in promotions and competitions, completing surveys or otherwise submitting information in any format;
2. Customers/clients/patients and potential customers/clients/patients /clients/patients visiting or directly contacting any Smile Logic Limited entity; for example, making enquiries, completing our new customer/client/patient forms; and consent forms; and discussing their requirements; and
3. Prospective employees or independent contractors when making enquires or applications to work at a clinic; and
4. Anyone else that voluntarily provides us with personal information for any reason.


What additional information might be collected about our customers/clients/patients ?
In addition to the above information, we may collect healthcare provider details, subscriber status, and credit card number (when purchasing products or services), bank account details, take before and after photographs of you, and write file notes about you. Personal information may also be collected


Why do we collect personal information and what might we do with it?
• Understand individual requirements and provide customers/clients/patients with the appropriate product or service;
• Monitor the progress of our services to you and tailor the services to suit your particular needs;
• Respond to enquiries or requests;
• Manage complaints and disputes and report to dispute resolution bodies;
• Product and service development and improvement;
• Set up, administer and manage our products and services;
• Manage, train and develop our employees and representatives in product and service knowledge and delivery;
• Get a better understanding of current/potential customers/clients/patients their needs, behaviours and how people interact with us, so we can engage in product and service research and/or development and manage the delivery of our services and products via the way we communicate with you;
• Marketing purposes;
• Gather and aggregate information for statistical, reporting and research purposes;
• Contacting you and for direct marketing (unless you have opted out);
• For administrative, marketing (including direct marketing), promotional, planning and quality control purposes;
• Compiling and maintaining mailing lists derived from our website, from our clinics or other Smile Logic Limited entities and communicating with persons on those lists;
• Assessing a person’s application for employment with us;

• As otherwise required or permitted by any law.


Disclosure of your personal information to others
We may disclose (only as strictly necessary and not in breach of any medical confidentiality) any of your personal information to and/or collect your personal information from:
• Any entity where disclosure to, or collection from, such entity is required or authorised by law or under a medical or industry code or regulations;
• Data warehouse and data partners;
• Social media and other virtual communities and networks where people create, share or exchange information;
• Publicly available sources of information;
• Member loyalty or rewards programs and other industry relevant organisations;
• A third party that we’ve contracted to provide business, administration or consultancy services – for example: information technology providers, consultancy firms, auditors and business management consultants, sales agents, marketing agencies and other marketing service providers and print/mail/digital service/imaging/document management providers;
• Your and our advisers, agents, representatives or consultants;
• Government, statutory or regulatory bodies and enforcement bodies;
• Any external dispute resolution body;
• Any organisation that assists us to gather or aggregate information for statistical, reporting or research purposes;
• Any organisation or person in connection with the sale of a clinic, its assets or any part or whole of Smile Logic Limited;
• Any other organisation or person, where you’ve asked them to provide your personal information to us or asked us to obtain personal information from them; or
• As required or permitted by any law to enforce compliance with the policies governing medical practices and applicable laws; and
• To protect and enforce the intellectual property and other legal rights of Smile Logic Limited.
• To an appropriate person, authority or organisation where we reasonably believe that a failure to disclose such information places the customer or another person at risk to health or safety.


Email communications and direct marketing
By supplying us with your email address and any other personal information you authorise anyone in Smile Logic Limited or its agents to contact you directly or send you updates and promotional information by email, telephone, social media, SMS or posted mail about Smile Logic Limited, its products and services from time to time. This may include communication or information from third parties that we have an association with or have entered into joint promotions activities with that are related to Smile Logic Limited products and services. You can contact us at any time to update your marketing preferences or elect not to receive any further communication or marketing material from us and we will comply with such a request within a reasonable time frame. If you do not wish to receive new information and marketing material from us, please email us directly at hello@milkorthodontics.co.nz


Access, Storage and Transmission of Personal Information
You have the right to access and seek correction of your personal information held by us at any time. Please send full details of your request hello@milkorthodontics.co.nz. Smile Logic Limited will take all reasonable steps to protect the security of the personal information transmitted to and from us, and stored by us or by our agents on our behalf including using firewalls, SSL encryption technology and other security technologies as deemed appropriate by us for information in digital format and in a secure manner under the strict control of the clinic treating the customer for hard copy material. In some cases secure servers are owned by third party suppliers and may be located outside New Zealand. Older records may be stored off site at a secure document storage facility. Our staff, agents and suppliers are obliged to respect the confidentiality of personal and/or sensitive information held by us. We will destroy or de-identify personal information we no longer need or that becomes obsolete, or as requested by that person wherever possible You acknowledge that any transmission of data by email, hard copy mail or any other method may be illegally intercepted and used by third parties. We shall not be responsible or liable to any person for any interception or loss or unauthorised use of data transmitted to or from us or for any breach or lapse of security of our information storage or processing systems caused by factors outside our control.


Links
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. If you follow a link or click through to third party website you do so at your own risk.
Complaints If you believe that we have breached your privacy rights in any way, or would like to discuss any issue about our privacy policy, please contact hello@milkorthodontics.co.nz. All such enquiries or complaints will be taken seriously and handled with impartiality and discretion. If you wish to submit a complaint, please provide us with all relevant details such as the date and time of the incident or communication, the circumstances surrounding the event and your concerns about what was said or done. Once you have submitted your complaint, we will assess it to determine whether or not you have complained about a privacy issue which is covered by the Privacy Laws. If your complaint is covered by the Privacy Laws, we will thoroughly investigate all aspects of your complaint including ascertaining the relevant facts and what your expectations are for any resolution. During our investigation we may need to seek further information from you as to the nature of or factual circumstances surrounding your complaint. We will endeavour to respond to you at all times promptly and to offer a practical solution which is consistent with our legal obligations.


Changes
We reserve the right to change this Privacy Policy at any time. The Privacy Policy on this website will always be the current version. It is your
responsibility to review the Policy from time to time to check for updates.