This Privacy Notice is incorporated into Our Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.
Some information that You provide to Us may be considered “individually identifiable health information” and be subject to additional terms as “Protected Health Information” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
Please read this Privacy Notice in its entirety.
By using the Website, you are consenting to the practices described in this Privacy Policy and agree to be bound thereby. If you do not agree with the terms of the Privacy Policy, please do not use the Website, or our related Services or Products.
a. Types of Information:
KELLS may collect Your personal information in connection with Your access to, use of, or Your submissions to the Website and Your consideration or purchase of any Services or Products offered by KELLS in connection with the Website. Depending on Your interaction with the Website, Services of Products, some information we collect may include Protected Health Information (“PHI”), or sensitive, confidential or private personally identifiable information (“PII”).
For example, We may collect personal information about You, such as:
We may also obtain additional information about You that may or may not be directly linkable to You. Examples include, but are not limited to, aggregate information, analytics information using cookie IDs, advertising segment information, advertising IDs/cookie or device information.
b. Sources of Information:
KELLS collects information about You from a variety of sources, including:
Directly and indirectly from your activity on the Website, for example, through Website portal or Website usage details that are collected automatically or through your inquiries or submissions on the Website.
KELLS may use personal information, including PHI and PII for a variety of KELLS’ business purposes, but only to the extent and manner permitted by law:
To fulfill or meet the reason for which the information is provided. For example, to permit You to access and use Our Website, Services and Products and the functions contained therein; to permit You to provide or authorize others to provide the information necessary to provide the Services and Products You have selected and to provide those Service and Products based on the information that You have provided; to respond to Your questions or communications regarding Your User Account or KELLS’ Website, Services or Products; to communicate with You regarding any changes to your account; and to otherwise process User service functions.
To provide You with communications regarding any changes to KELLS’ policies or account management procedures, notices, or terms of use; information on new products or services or updates; promotions and special offers regarding Our Products and Services, the Website or programs, or Our partners’ or affiliates’ products, services or programs that may interest you;
To carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing and collections;
To publish content on the Website, under some circumstances, such as when KELLS enables public participation forums for Users on the Website;
To personalize Your Website experience and to deliver content and service offerings relevant to Your interests including via email or text message (with your consent, where required by law);
To help maintain the safety, security, and integrity of our Website, services, databases and other technology assets, and business on behalf of KELLS and its Users;
To investigate or prevent a violation of any individual’s contractual or other relationship with KELLS or where KELLS has a good-faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of KELLS, its Users or the public, or to prevent or respond to any illegal, fraudulent or harmful activity;
For testing, research, analysis, and product development, including to develop and improve our Website, Products and Services, and Your experience with the Website, Products and Services;
For marketing KELLS’ Products and Services or Programs, including providing You (via alerts, banner ads, postal mail, event registration, email and other notices) with information about offers, programs, products and services that KELLS believes may be of interest to You;
At the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, or to establish, protect or exercise KELLS’ legal or other rights, to defend against a legal claim or as otherwise allowed by law or regulation; or
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Users is among the assets transferred.
KELLS does not sell Your personal or sensitive information, including PHI and PII, to nonaffiliated third parties for their business purposes, nor do we share information, except as permitted by law, as described in this Privacy Policy, in the accompanying HIPAA Notice or otherwise with Your consent.
KELLS may share information about You to third parties for KELLS’ business purposes, such as with agents, contractors, service providers or affiliates who help Us operate the Website, assist with KELLS’ marketing, conduct business on Our behalf, or help Us complete a service You requested, such as processing your credit card payment or delivery of Products that You ordered. When We share information for a business purpose, We do so only to the extent required for Our business purpose and only as permitted by relevant law. We may also share personal information with third parties if you have directed and authorized Us to do so in connection with the Products and Services that KELLS provides to You.
KELLS may share personal information when required to do so by federal or state enforcement officials, when state or federal law requires Us to do so (such as to comply with an inquiry from law enforcement officials), when ordered by a court or by other compulsory legal process, or when We believe, in good faith, it is necessary for us to comply with its legal obligations or to investigate or prevent suspected illegal activities or fraud.
Browser Cookies
“Cookies” are small pieces of information that are stored by Your browser on Your computer’s hard drive. By placing a “cookie,” the web servers operated by KELLS and Our third-party service providers can remember and distinguish Your web browser over time. We use “cookies” for a variety of functions, such as authentication, other types of security, User logins, to enable collection of analytics information, to market Our Products to You, to optimize Our Website, and to personalize and customize Your experience with the Website. As one example, cookies enable Us to remember information You gave to Us so that you don’t have to reenter it each time You visit, such as regarding Your account information, purchase history, and preferences. If You do not wish to permit “cookies” to be placed by Us, You should turn off or disable cookies on your browser or device. However, disabling cookies will also prevent the Website from being fully functional.
IP Addresses
KELLS maintains internal logs for Internal Protocol (IP) addresses. An IP address is a number that is automatically assigned to Your computer each time You access the Internet. Your IP address does not contain personally identifiable information. KELLS or its third-party service providers may collect IP addresses in order to conduct system administration, report aggregate information, conduct site analysis, and to detect improper use of the site. We sometimes use IP addresses to identify the general location of Your computer based on publicly available and third-party information. We may use IP addresses to market to You through internet marketing, mail or call campaigns, or online targeted, interest-based advertising.
Other Technical Information We Collect
In addition to using browser cookies to remember Your browser, KELLS also may use other technologies such as pixels, local shared objects (such as “Flash cookies”), and HTML5 local storage to collect information and remember your device. Some of the technical information We collect is the type of browser You use (such as Google Chrome, Microsoft Edge, Safari or Firefox), Your Internet protocol (“IP”) address, the name of Your Internet Service Provider (“ISP”), the version of Your operating system, the dimensions and resolution of your display, Your referrer URL (which is the URL for the website that you were viewing prior to visiting the Website), how You were directed to the Website, which specific pages You access on the Website, how long You view each page, the time and date You access our Website, and any other interaction You have with the Website or KELLS. Most, if not all, of this information is collected by third-party service providers who assist KELLS in the operation and maintenance of its Website and to serve its Users.
Your Options
Most popular Internet browser applications will allow You to configure the browser so as not to accept cookies. However, setting Your browser to reject cookies may, in certain instances, prevent You from taking full advantage of the Website and its capabilities, or cause some features of the Website to function improperly, slowly or not at all.
As noted, the Website also uses various third-party services, such as Google Analytics. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Website to contextualize and personalize the ads of its own advertising network. If You would like additional information regarding the security and privacy practices of Google Analytics, and how You may manage privacy settings, please review the materials provided by Google here.
KELLS may use email forms to allow Users to ask questions about KELLS and Our Products or Services. We regularly send email order confirmations and email order updates to You after You have submitted an order. We may also send email promotions to You after you have submitted an order or filled out a form on the Website. You may opt out of receiving future email promotions by clicking on the link provided in each email for that purpose.
While We make commercially reasonable efforts to protect the personal information that You share with us, it is important to note that such email messages are unsecured. Please consider the information You chose to include in any email You send. Should you choose to send your information via email, You do so at your own risk. We recommend that if your communication is sensitive or contains personal information, such as PHI or PII, You may want to use the secure method that we have provided for doing so.
If You choose to correspond with Us via email, We reserve the right (but not the obligation) to retain the content of Your email messages as well as Your email address or other personal information, and Our responses.
On occasion and under certain circumstances, KELLS may, in its sole discretion, offer Users the opportunity to submit content to the Website, such as questions regarding KELLS and the Website, Products and Service, general discussions of dentistry, dental care, dental conditions or treatments, and other communications with the KELLS Website community. You should consider what information You chose to share in the content that You submit. If You include personal, health or sensitive information in the content that You provide to KELLS for public postings to the Website, including any bulletin boards, forum posts, etc., such information may be made available to anyone using the Website. Your contact information (which may include, without limitation, Your Account Information such as Your email address) may be included if you do not edit or otherwise remove such information from User content before it is posted on the Website. If You do not wish to have Your information made available in this manner, You must remove any such information from the content before posting. KELLS is not liable for any damages caused or incurred due to information that You have made available in the foregoing manner.
The Website may contain links to non-KELLS websites. Links to other websites are provided to You for information and convenience only and do not constitute an endorsement or recommendation by KELLS. We are not responsible for, and this Privacy Notice does not apply to, the privacy practices of those websites or of any companies that We do not own or control. We make no representations or warranties regarding the correctness, accuracy, performance, security, privacy or quality of any content, software, service, or application found at any Linked Site. We encourage You to seek out and read the privacy policy and terms of use of each website that you visit.
KELLS takes commercially reasonable precautions to protect the security of your personal information. We store personal information, including PHI, PII, financial information and other sensitive information in a secure manner and transmit it via a secure internet channel. However, no security measures are perfect or impenetrable, and KELLS cannot guarantee that the information submitted to, maintained on or transmitted from its systems will always be secure. KELLS is not responsible for the circumvention of any privacy settings or security measures contained on the Website by any Users or third parties.
Remember that You are the first and best defense against unauthorized access to Your information. Please do not share your KELLS Account Information or Password with others, and take the necessary steps to assess whether Your personal information is being transmitted to its intended recipient in a reasonably secure manner.
a. Inquiries concerning the collection and deletion of Your personal information.
We understand that You may have certain questions about KELLS’ access and use of information that We have collected. Under some circumstances, You may be able to opt out of Our continued collection or use of Your personal information, and/or seek access to or deletion of personal information that We have collected about You in the past.
There are circumstances when KELLS will not be able to comply with such requests. For example, We may deny a request if We determine, in good faith, that We should not comply because: to do so would violate or conflict with KELLS’ legal obligations, including, but not limited to, legal obligations as to the preservation and non-disclosure of financial, medical or personal health information; the information is the privileged, proprietary or confidential information of KELLS or someone other than the person making the request; the identity or authority of the person making the request cannot be confirmed; compliance with the request would compromise the privacy or legal rights of others; the burden or expense of responding would be disproportionate to the requesting individual’s privacy risk; the information is commercially necessary for Us to complete transactions or provide products or services that the User requested; or to do so would impede KELLS’ detection, correction or prevention of any security incident, or intentional or non-intentional interference with the Website, products or services.
Additionally, under some circumstances, even if You opt out, non-personal information regarding your activities on the Website, and/or information from third-party websites for non-interest-based advertising purposes may be collected and used to determine the effectiveness of the advertisements.
If You have any questions or concerns about KELLS’ collection or use of Your personal information, wish to opt out of further collection of Your personal information, or request deletion of personal information presently in Our possession, please contact Us using one of the methods set forth below. Upon receiving Your request, We will endeavor to respond to the request in a commercially reasonable time.
Please contact us:
EMAIL
team@getkells.com
US Mail
KELLS
ADDRESS 28-07 Jackson Ave Floor 9, Queens, NY 11101
Attention: Customer Support
Phone Number
+1 (917)-572-3637
b. Opt out of specific phone, email, text, or marketing offers.
KELLS may use a variety of means, such as phone, email, or text, to communicate with You regarding KELLS’ marketing offers and/or the marketing offers of Our partners or others that may be of interest to You. If You do not wish to receive phone, mail, SMS text. or email marketing offers, You may request that we remove your name from our internal email, direct mail, or internal telemarketing lists.
EMAIL
team@getkells.com
US Mail
KELLS
ADDRESS 28-07 Jackson Ave Floor 9, Queens, NY 11101
Attention: Customer Support
Phone Number
+1 (917)-572-3637
If You no longer would like to receive special offer information or other promotional messages from Us, via email, You may click the link at the bottom of any email You receive from Us and follow the instructions. Your email address will be removed from Our marketing list. However, KELLS may continue to communicate with you concerning Your KELLS User Account, Products and Services, records, analysis and recommendations as a result KELLS Clinic One services, delivery, billing, renewal and other matters. In accordance with Your prior experience with KELLS, including, in some cases, the permission You have given Us, please allow us a commercially reasonable period of time in order to satisfy your request, as some promotions may already be in process.
KELLS may use and disclose your PHI in order to provide you with access and use of the Website and the related Services and Products that You select to receive, including, for example:
In connection with providing You with analysis and treatment recommendations concerning the dental records, X-rays, diagnostic tests, etc. that You have submitted to KELLS and for purpose of providing the analysis and treatment recommendation to other medical or dental providers for purposes of consultation or follow-up.
In order to secure payment for the Services and Products that You have selected to receive, such as in connection with the processing and payment of claims with any insurance company that You designate as potentially responsible for payment;
In order to provide customer services, or conduct quality review assessments, or otherwise assist Us to operate and improve KELLS healthcare-related operations;
To the extent and for the purposes that You have authorized Us to do so by in a written authorization by You;
To third parties who must access Your PHI in order to assist KELLS in providing the Services and Products that You have selected and who have agreed, as a condition of their access to the terms of this Privacy Notice, to limit their access and use of Your PHI to the purposes for which it was provided;
As may be required or permitted by HIPAA and other applicable federal or state law.
The Website is intended for a general audience. We do not knowingly collect information about children or sell Our Products or Services to children. Consistent with the Children’s Online Privacy Protection Act (“COPPA”) and Our standard practices, we will not knowingly collect any information from children under the age of 16. If you are under the age of 16, please do not use the Website without approval of Your parent or guardian.
There may be circumstances where a child’s parent or legal guardian submits information about their child to obtain the benefits of KELLS Services or Products on the child’s behalf. For example, a parent or guardian may submit their child’s X-rays or other diagnostic studies for review, analysis and recommendations through KELLS Clinic One. Under such circumstances, We do not collect information from the child, but rely on the parent’s or legal guardian’s consent and authority permitting Us to receive, access, use and process the data for the purpose for which it was supplied as permitted by COPPA. If You believe We have inadvertently collected personal information of a child under the age of 16 without proper consent, please contact us at team@getkells.com, so that we take immediate actions to address Your concern.
Unless otherwise noted, this Privacy Notice and use of KELLS’ Website, Products or Services shall be governed by and construed in accordance with the laws of the State of New York, United States of America. If any provision of this Privacy Notice shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions and shall not affect the validity of the other provisions.
KELLS is required by California and Delaware law to tell Users whether it honors “Do Not Track” settings in your browser concerning targeted advertising. KELLS does not respond to “Do Not Track” signals in your browser, as there is no consensus as to what “Do Not Track” means and We have no way to determine whether partners, affiliates, third-party service provides or others can or will honor a Do Not Track signal in your browser while they track your browsing activities in order to serve you content that is tailored to your interests.
If You are a California resident who is visiting the Website, You may be aware that, under certain circumstances, not currently applicable to KELLS, You may be entitled to additional disclosures or to exercise different privacy rights under certain California laws. As a condition of Your access or use of any portion of the Website, or related Services or Products, You understand and agree that the Website, Products and Services are NOT governed by California law and agree to the terms set forth in this Privacy Notice.
If You are visiting the Website from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States. The data protection, privacy and other laws of the United States and other countries might not be as comprehensive as those in your country. By using any portion of the Website, You understand and consent to the transfer of your information to our facilities in the United States and to those third parties with whom We share it as described in this Privacy Notice.
We update or change this Privacy Notice at any time and from time to time. We reserve the right to update, change, modify, add, delete, revise or replace any part of this Privacy Notice at any time. The most recent version of the Privacy Notice and its effective date is reflected by the version and date located at the top of this Privacy Notice. Any update or change will automatically govern Your use of the Website 30 days after it is posted on the Website, unless otherwise noted. We recommend that You regularly check the Privacy Notice when visiting the Website, or ordering any Products or Services, as this Privacy Notice may have changed since you last did so. Your continued use of The Website, including the purchase of any Products or Services through the Website, after the Privacy Notice is updated will constitute Your consent and agreement to be bound by the updated terms.
If You have any questions or concerns about this Privacy Notice, the practices of this Website, or your interaction with this Website, please contact us:
EMAIL
team@getkells.com
US Mail
KELLS
ADDRESS 28-07 Jackson Ave Floor 9, Queens, NY 11101
Attention: Customer Support
Phone Number
+1 (917)-572-3637