Affiliate Program — Terms & Privacy

1. Affiliate Program Terms

For affiliates — principally dental-office staff who refer practice owners.

These Affiliate Program Terms (the “Terms”) govern participation in the Profit Smiles Affiliate Program (the “Program”), operated by Profit Smiles Inc, a Texas corporation (“Profit Smiles,” “we,” “us”).

By enrolling in the Program you agree to these Terms. If you do not agree, do not enroll.

1. What the Program is

The Program pays you a recurring referral fee — a percentage of what a referred practice actually pays us, for as long as it keeps subscribing — if a dental practice you introduce becomes a paying Profit Smiles customer.

You are an independent participant, not an employee, agent, partner, or representative of Profit Smiles. You have no authority to make any commitment on our behalf, to negotiate, to set prices, to give warranties, or to bind us in any way. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.

2. Eligibility

To participate you must:

(a) be a natural person aged 18 or over, resident in the United States, and legally able to enter into a contract;

(b) provide accurate identifying information, and complete tax onboarding (Section 6.4) before any payment can be made;

(c) not be an employee, officer, director, or contractor of Profit Smiles, or a member of their immediate household (if you later become one, Section 8.4 applies);

(d) not be a person or entity barred from participating under applicable law.

We may decline any application, at our discretion, and are not obliged to give a reason.

3. A conflict you must handle honestly

Most affiliates in this Program work in a dental practice, and the person they refer is their own employer or a colleague's employer. That means you may be paid for recommending a purchase to the person who pays your salary, and they may not realize it.

That is not prohibited — a genuine recommendation from someone who actually uses the software is the most valuable thing this Program can produce — but it must be handled openly.

Accordingly, as a condition of participation:

(a) You must tell the practice owner that you receive a referral fee, at the time you make the recommendation. Not afterwards. Not if they ask. Every time.

(b) You must comply with your own employer's policies on outside compensation, gifts, conflicts of interest, and vendor relationships. Some employers prohibit this. Check before you enroll. We do not know your employment terms and cannot advise you on them; complying is your responsibility, and we are not liable for any employment consequence to you.

(c) You must not use your position to pressure, obligate, or mislead. A recommendation is fine. Leveraging your role is not.

(d) You must not refer your own practice while concealing that you work there.

If you cannot make the disclosure in (a) comfortably and plainly, do not make the referral.

4. FTC disclosure requirements

Under the FTC Endorsement Guides, a referral fee is a material connection that must be disclosed clearly and conspicuously every time your endorsement appears — in an email, a text, a social post, a comment, a message, or in conversation.

4.1 What “clear and conspicuous” means

The test is not whether a disclosure technically exists — it is whether an ordinary reader would actually notice and understand it.

A compliant disclosure is:

• in the same message as the recommendation, not in a separate one;
• before or alongside the recommendation, not buried at the bottom;
• in plain language a normal person understands;
• unavoidable — not hidden behind a “more” link, in a hashtag pile, or in small print.

4.2 What to say

You must disclose that you receive a referral fee. You are not required to state the amount, and we recommend you do not — naming a figure invites the reader to conclude the money is your motive, which undercuts a recommendation you genuinely mean.

Wording along these lines works:

4.3 Prohibited

You must not:

(a) omit the disclosure, or use vague substitutes (“#partner,” “#ad” alone, “thanks to my friends at…”) that do not convey that you are paid;

(b) claim results, savings, or outcomes that you have not personally experienced, or that we have not published;

(c) describe the product as insurance, or describe a membership plan as coverage or a benefit plan;

(d) state or imply that you speak for Profit Smiles, or that we endorse your claims;

(e) make any clinical claim, or any claim about patient outcomes;

(f) guarantee any financial result.

Both you and Profit Smiles can be liable for an undisclosed endorsement — the FTC pursues the advertiser, not only the endorser. This is why the obligation is strict and why we enforce it.

5. How you may promote

5.1 Permitted

Personal outreach to people you actually know — email, text, direct message, phone, in person — and posts on your own social accounts, each carrying the disclosure required by Section 4.

5.2 Prohibited

You must not:

(a) send unsolicited bulk email or text messages, or anything that violates the CAN-SPAM Act, the Telephone Consumer Protection Act, or carrier messaging rules;

(b) run paid advertising of any kind for Profit Smiles, or bid on our brand terms, trademarks, or misspellings in any search or advertising platform;

(c) register or use any domain name, social handle, or account name containing “Profit Smiles” or a confusingly similar term, or otherwise present yourself as us;

(d) use coupon, deal, cashback, or incentive sites, or offer any rebate or inducement of your own to a referred practice;

(e) use automated tools, bots, scraped lists, or purchased lists;

(f) self-refer, or refer through a straw party, an entity you control, or a family member's practice for the purpose of collecting a fee on your own subscription;

(g) post to forums, groups, or communities in breach of their rules, or in any way that would embarrass a genuine recommendation;

(h) share, publish, or transmit any patient information — including any Protected Health Information — in connection with the Program, in any form, ever. This is absolute. If you work in a practice, the patients are not part of this arrangement;

(i) state or imply any affiliation with Coppell Smiles (Dr. Prachi Deore's dental practice), involve it in your promotion in any way, or contact it in connection with the Program (see Section 12).

5.3 Our brand

We grant you a limited, revocable, non-exclusive, non-transferable licence to use our name and logo solely to identify the product while promoting it under these Terms, in the form we supply. You may not modify our marks, use them in your own name or branding, or use them after your participation ends. All goodwill from your use accrues to us.

6. Fees and payment

6.1 When a referral qualifies

A referral qualifies for a fee when all of the following are true:

(a) the practice is attributed to you under Section 6.2 at the time it creates its account;

(b) the practice did not already have an active Profit Smiles account — free trial or paid — at the time it created the account you claim credit for. Being already known to us as a prospect or lead does NOT disqualify a referral: attribution follows Section 6.2, and the most recent affiliate on record gets the credit;

(c) the practice creates an account, completes the free trial period, and becomes a paying subscriber;

(d) the practice's subscription fees are actually received and not refunded, reversed, or charged back; and

(e) the account is a genuine, independent practice — not an internal, test, demonstration, or Profit Smiles–affiliated account, and not a referral prohibited by Section 5.2(f).

No fee is earned on a signup alone. A practice that trials and does not subscribe generates no fee.

Former customers can be referred afresh once their account is closed. But where a new account is in substance the resumption of a subscription cancelled within the previous six (6) months, we may treat it as the old subscription — payments resume to the originally credited affiliate, if any — rather than as a new referral.

6.2 Attribution — the most recent affiliate gets the credit

Every affiliate has a unique referral link carrying their affiliate code.

(a) How credit attaches. When a practice reaches us through your link — whether it submits our form then or simply arrives carrying your code — you become that practice's most recent affiliate on record. If the same practice later arrives through another affiliate's link before creating its account, that affiliate becomes the most recent instead, and the credit moves. We keep a history of every change for dispute resolution.

(b) The rule. The affiliate credited with a referral is the most recent affiliate on record for that practice at the moment the practice creates its account. There is no expiry window. A click or referral from months ago still counts, so long as it is still the most recent affiliate touch on record. (Our free trial is 100 days, and real decisions take time — the Program is built for that.)

(c) Credit is fixed at account creation. Once the practice creates its account, attribution attaches to that account permanently. Later affiliate touches do not move it, and referring a practice that already has an account earns nothing.

(d) The honest limitation. Attribution depends on the practice reaching us with your code. If a practice hears about us from you but arrives without it — types the address directly, or switches devices — our records may not connect it to you. Our systems are the record. We may, at our reasonable discretion, correct attribution where we are satisfied a referral was yours, but we cannot promise to capture referrals our records do not show.

(e) While you are suspended or terminated, your links are disabled and move no credit (Section 8).

Our records — including the attribution history — are the determining record, absent manifest error.

6.3 The fee — a share of what we receive, for the life of the subscription

(a) Your rate. The standard rate is 10%. We may agree a higher rate with you in a signed writing; absent one, 10% applies. For practices attributed to you, your rate will never be reduced below the rate in effect when they were attributed — and never below 10%. Your current rate is shown in your affiliate dashboard.

(b) What it is calculated on. Amounts we actually receive from the practice — after any discounts, credits, or refunds we grant, and excluding any taxes we collect. We do not deduct payment-processing costs.

(c) It scales with the account. If the practice adds tools, your fee goes up. If it drops tools, or we change its pricing, your fee follows the actual billing. If the practice changes ownership and the account continues, your payments continue.

(d) If the practice cancels, payments stop. If the same practice account resubscribes later — however much later — your payments resume. If the practice instead creates a new account through another affiliate's link, that new account belongs to that affiliate (subject to the six-month resumption rule in Section 6.1).

(e) There is a wait, and you should expect it. The practice has 100 days free before it pays anything. Realistically, expect several months between your referral and your first payment. Your dashboard shows each referral's stage so you always know where things stand.

(f) How payment is made. Fees are paid monthly in arrears through Stripe (Section 6.4), once your accrued balance reaches $25; smaller balances carry over to the next month.

(g) What survives. Fees on referrals you earned legitimately continue to be paid even after you leave the Program, are terminated, or the Program ends (Sections 8.2–8.5). The one exception: referrals procured by your breach of these Terms never qualified, and are forfeited (Section 8.3).

No representation about potential earnings has been made to you. Nothing in this Section guarantees that any practice will subscribe, keep subscribing, or generate any particular amount.

6.4 Tax and payout onboarding

You are responsible for all taxes on amounts you receive. Payments are made through Stripe, and you must complete Stripe's onboarding — including a Form W-9 and taxpayer identification number verification — before any payment can be released. We will not pay out to an incomplete account.

Amounts we cannot pay because your payout account or tax onboarding is incomplete are held for twelve (12) months from our first attempted payout. If your onboarding is still incomplete at the end of that period, the held amounts are forfeited.

Expect a Form 1099-NEC for any year in which your payments reach the IRS reporting threshold (currently $600).

If you die, your accrued and future fees on attributed practices are paid to your estate or legal successor, once they complete the payout and tax onboarding above; the twelve-month period runs from our first attempted payout to them after we receive notice.

6.5 Adjustments and clawback

We may withhold, reduce, or reclaim any fee where a referred practice's payment is refunded, reversed, or charged back; where the referral did not qualify under Section 6.1; or where the referral resulted from a breach of these Terms. We may offset any amount owed to us — including clawbacks — against your future recurring payments.

6.6 Disputes

Raise any payment question within 60 days of the payment or of the date you expected it. We will review in good faith, including against the attribution history (Section 6.2). Our records govern absent manifest error.

6.7 Changes to the fee

We may change the Program's standard rate for affiliates who enroll after the change, on 30 days' notice. Your rate is protected as stated in Section 6.3(a): for practices attributed to you, it never goes below the rate in effect when they were attributed, and never below 10%. Any rate above 10% agreed with you in writing is governed by that writing.

7. Confidentiality

You may receive non-public information about our product, pricing, roadmap, or customers. Keep it confidential, use it only to promote the product under these Terms, and do not disclose it. Never disclose which practices are our customers, or any practice's business information you learn through the Program.

This obligation survives the end of your participation.

8. Good standing, suspension, and termination

8.1 Good standing — and what bad conduct means

You are in good standing while you are enrolled, not suspended or terminated, and not in uncured breach of these Terms. Good standing is what your continued participation — making new referrals — depends on. Each of the following is bad conduct:

(a) failing to make the conflict disclosures in Section 3 — above all, recommending us to a practice owner without telling them you are paid;

(b) failing to make an FTC disclosure required by Section 4, or making any claim prohibited by Section 4.3;

(c) any promotion prohibited by Section 5.2 — spam or bulk messaging, paid ads or brand bidding, impersonating us, coupon or rebate schemes, bots or purchased lists, self-referral schemes, rule-breaking posts, or — the absolute one — sharing any patient information;

(d) manufacturing or manipulating referrals: fake or straw-party accounts, paying or rebating a practice to sign up, interfering with tracking, or misusing another affiliate's code;

(e) misrepresenting the product, its pricing, the free trial, your results, or your relationship with Profit Smiles, Dr. Prachi Deore, or Coppell Smiles;

(f) pressuring or harassing any practice, its staff, or its patients, or leveraging an employment position contrary to Section 3(c);

(g) breaching confidentiality (Section 7);

(h) providing false enrollment or tax information, or any unlawful conduct in connection with the Program;

(i) other conduct that we reasonably determine harms the Program, a practice, a patient, or our reputation — if we act under this catch-all, we will tell you what the conduct was.

8.2 Suspension

Where we reasonably believe you have engaged in bad conduct, we may suspend your participation immediately while we review: your referral links are disabled and move no credit, and you may not promote the Program. Payments on referrals you already earned continue during suspension, except that we may hold payments on the specific referrals under review as procured by the suspected breach until the review concludes, which we will complete promptly. A suspension ends in reinstatement (any held amounts are released) or termination.

8.3 Termination by us

For bad conduct: immediately. Even then, referrals you earned legitimately before termination continue to be paid for the life of those subscriptions — termination ends your right to make new referrals, not the fees you honestly earned. The exception: referrals procured by the breach itself never qualified under Section 6.1. Those are forfeited, and amounts already paid on them may be reclaimed or offset under Section 6.5.

Without cause: on 30 days' notice. Payments on your attributed practices continue under Section 6.3.

8.4 Leaving, or becoming ineligible

You may leave at any time, for any reason, by notifying us. Payments on your attributed practices continue under Section 6.3 — keep your payout account and tax information current (Section 6.4 applies).

If you become an employee, officer, director, or contractor of Profit Smiles (or a member of their immediate household), your participation in new referrals ends, and payments on your existing attributed practices continue.

8.5 If the Program ends

We may close the Program to new affiliates or new referrals at any time on 30 days' notice. Closing the Program does not end your payments: practices already attributed to you keep generating your fee for as long as they remain subscribed and paying. These payment obligations bind our successors and assigns.

8.6 After termination

Stop all promotion, remove our marks and your affiliate links from everywhere you have placed them, and stop describing yourself as an affiliate. Sections 3 and 4 (as to statements you already made), 6 (payment mechanics), 7, 10, 11, 12, and 13 survive.

9. Your representations

You represent and warrant that: you meet the eligibility requirements in Section 2; participation does not breach any agreement or policy binding on you, including your employment terms; you will comply with all applicable law, including the FTC Act and the Endorsement Guides, CAN-SPAM, and the TCPA; every statement you make about the product will be truthful and something you actually believe; you will not misrepresent your relationship with Profit Smiles, Dr. Prachi Deore, or Coppell Smiles; and you will never disclose patient information in connection with the Program.

10. Disclaimers and limitation of liability

The Program is provided “as is.” We do not guarantee that any referral will convert, that tracking will capture every referral, that you will earn any particular amount, or that you will earn anything at all. No representation about potential earnings has been made to you, and you should not treat the Program as a source of expected income.

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost opportunity, arising from the Program.

Our total aggregate liability to you arising out of or relating to the Program will not exceed the greater of (a) the total fees paid or payable to you in the twelve (12) months preceding the claim, or (b) five hundred U.S. dollars ($500).

These limits do not apply to liability that cannot be limited under applicable law.

11. Indemnity

You will defend, indemnify, and hold harmless Profit Smiles and its officers, directors, employees, agents, and spokespersons (including Dr. Prachi Deore and her dental practice) from any third-party claim, and any resulting loss, damage, liability, settlement, or reasonable legal fee, arising from: your promotional activity; any statement you make about the product; your failure to make a disclosure required by Sections 3 or 4; any breach of your employer's policies; any disclosure of patient information; or your breach of these Terms or violation of law.

12. Our spokesperson — who you are (and are not) dealing with

Dr. Prachi Deore is a practicing dentist whose practice's results appear in our materials — including the presentation you may have watched — with her consent. She is not an officer, director, employee, or agent of Profit Smiles Inc, holds no management role in it, and has no authority to act for it or make any commitment on its behalf. Her dental practice, Coppell Smiles, is a separate business with no role in the Program.

Neither Dr. Deore nor Coppell Smiles is a party to these Terms, and neither has any obligation or liability to you under them or in connection with the Program. Your agreement is with Profit Smiles Inc alone, and any claim arising out of or relating to the Program lies solely against Profit Smiles Inc.

13. General

Governing law and disputes. These Terms are governed by the laws of the State of Texas, excluding its conflict of laws rules. Disputes are subject to the informal-resolution, mandatory arbitration, jury waiver, and class action waiver provisions of our Master Subscription Agreement, Section 23, which are incorporated here by reference and apply to the Program as though set out in full — including your right to bring a qualifying claim in small claims court, and the severability rule for the class waiver. The Master Subscription Agreement is published on our Legal Center page.

Changes to these Terms. We may update them on 30 days' notice by email or in your affiliate dashboard. Continued participation after the notice period means you accept the change. No change reduces the rate protection in Section 6.3(a) for practices already attributed to you.

Assignment. You may not assign these Terms or your affiliate account, except that your payment rights pass on death as provided in Section 6.4. We may assign to an affiliate or an acquirer; your payment rights under Section 6 bind our successors and assigns.

Severability. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest continues.

Entire agreement. These Terms — together with any signed writing setting a higher rate under Section 6.3(a) — are the entire agreement between us regarding the Program and supersede any prior discussion, recruiting material, or representation.

No waiver. Our failure to enforce any provision is not a waiver of it.

Notices. We may notify you by email or in your dashboard. Notify us at support@profitsmiles.com.

14. Contact

Profit Smiles Inc
7750 N MacArthur Blvd Ste 120-153, Irving, TX 75063-7501
Email: support@profitsmiles.com
Web: profitsmiles.com

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2. Privacy Policy

For everyone — practices, patients, website visitors, prospects, and affiliates.

Profit Smiles Inc, a Texas corporation, provides software to dental practices. This Privacy Policy explains what information we collect, why, who we share it with, and what choices you have.

It covers profitsmiles.com, our marketing pages and landing pages, the Profit Smiles application used by dental practices, the patient membership portal, our short links, and the emails and text messages we send.

1. The most important thing: our two different roles

We handle information in two fundamentally different capacities, and your rights depend on which one applies.

Role 1 — We are a service provider to your dental practice (this covers patient health information)

When a dental practice enters patient information into our software, the practice decides what is collected and why. We only process it on the practice’s instructions.

Under HIPAA the practice is the Covered Entity and we are its Business Associate. We handle Protected Health Information (“PHI”) only as permitted by our Business Associate Agreement with that practice — to run the software for them and for no other purpose. We do not use PHI for our own purposes. We do not sell it. We do not use it for advertising.

Role 2 — We control information about our own customers, prospects, and visitors

For information about dental practices as our customers, people who visit our websites, people we contact about our product, and affiliates, we decide how it is used, and this Policy describes those decisions directly.

Where the two conflict, Role 1 wins. The Business Associate Agreement controls anything involving PHI.

2. Information we collect

2.1 From dental practices (our customers)

• Account and business information — practice name, address, phone, website, the names and email addresses of users you create, your role, and your account settings.
• Subscription and billing information — which tools you subscribe to, your subscription history, payment records, and billing references. We do not store full payment card numbers; Stripe handles those.
• Configuration and operational data — your fee schedules, insurance plan data, membership plan setup, discounts, inventory records, baseline numbers, and the settings you choose.
• Support communications — messages you send us, feedback you submit, and meeting requests.

2.2 About patients (entered by the practice)

Practices enter information about their patients. Depending on the tools they use, this can include:

• Contact and identity — name, date of birth, email address, phone number, and mailing address.
• Family relationships — where a practice enrolls family members or dependents under one account.
• Health and treatment information — treatment plans and their status, membership enrollment and savings records, Invisalign tracking stages, and free-text notes entered by practice staff. This is PHI, and Role 1 above applies to it.
• Payment information — membership fees, payment plan schedules, and payment history. Card details are held by Stripe, not by us.
• Survey and feedback data — satisfaction scores, NPS responses, referral activity, and review request outcomes.
• Communication records — which emails and text messages were sent, when, and whether the recipient opted out.

Patients: we did not collect this from you. Your practice provided it to us so we can run their software.

2.3 From patients directly (the membership portal)

If you create a portal account, we collect your email address, phone number, login credentials, and the actions you take in the portal.

2.4 From website visitors and prospective customers

• Landing page and contact form submissions — name, email address, practice website, and anything else you enter.
• Traffic and campaign data — the page you landed on, the campaign parameters in the link you followed (source, medium, campaign, content), the referring site, and whether you went on to create an account.
• Short link clicks — when you follow one of our short links (for example a referral, survey, or membership portal link), we record that the link was used and count the click.
• Device and usage information — IP address, browser and operating system type, pages viewed, timestamps, and performance and error logs.

2.5 About prospective customers we contact

We maintain a database of dental practices for business-to-business outreach, built from publicly available and commercially available business sources. It holds business contact information — practice name, business address, business phone, business email, website, and where available the name of the practice owner.

This is business contact information about practices as businesses, not patient information and not personal health information. If you would rather we did not contact you, see Section 8.4 — we will remove you on request.

2.6 From affiliates

If you join our affiliate program, we collect your name, contact details, the referrals you make, and the information we need to pay you.

3. Cookies, analytics, and tracking

3.1 What we use

Essential cookies. Our application sets a session cookie so you stay logged in and so security features work. These cannot be turned off without breaking the service.

Google Tag Manager and Google Analytics. We use Google Tag Manager to load Google Analytics on our marketing website, our landing pages, and the business-facing application. These tell us how many people visit, which pages they use, and which marketing channels bring practices to us. Google may set cookies to do this and processes the data as described in Google’s own privacy policy. You can learn about Google’s practices at policies.google.com and opt out of Google Analytics using Google’s browser add-on.

3.2 What we do NOT do

This is deliberate. The portal is where patients log in to see membership and billing information connected to their care, and we do not consider third-party tracking appropriate there.

We do not use advertising cookies, retargeting pixels, or cross-site behavioral advertising trackers, and we do not permit third parties to collect information about your activity across other websites through our services.

3.3 Do Not Track and Global Privacy Control

There is no consistent industry standard for “Do Not Track” browser signals, and our sites do not currently respond to them.

Where required by law, we honor the Global Privacy Control (GPC) signal as an opt-out of any sale or sharing of personal information — though note that, as stated in Section 5, we do not sell or share personal information at all.

3.4 Email and message tracking

Emails we send on a practice’s behalf may record whether the message was delivered, opened, or clicked, so the practice can see whether patients are receiving them. Text messages record delivery status and opt-outs. We do not use this information to build advertising profiles.

4. How we use information

To run the service: provide, maintain, secure, and support it; authenticate users; perform the functions practices direct — sending surveys, follow-ups, receipts, renewal notices; generate the analyses and reports practices ask for.

To handle payments: charge practices their subscription fees, and instruct Stripe to charge patients on behalf of practices (Section 6.2).

To communicate: respond to support requests; send service, security, and billing notices; and, for practices and prospects, send product and marketing communications you can opt out of at any time.

To improve the service: understand which features are used, diagnose errors, monitor performance, and develop new functionality. Where this involves PHI, it is limited to what the Business Associate Agreement permits.

To produce de-identified benchmarks: we may create aggregated, de-identified statistics — for example typical write-off percentages or referral rates across practices. PHI is de-identified in accordance with 45 C.F.R. § 164.514(b) before being used this way, and the result never identifies any practice, patient, or individual.

To market our own product: to prospective practices, using the business contact information described in Section 2.5.

To meet legal obligations: comply with law, respond to lawful requests, enforce our agreements, and protect the rights, safety, and property of Profit Smiles, our customers, and the public.

4.1 Automated processing. The service produces automated outputs — suggested posting times, engagement trends, profitability scores, what-if projections. These are informational and advisory only. We do not make decisions producing legal or similarly significant effects about any patient or practice through automated processing alone, and no clinical decision is ever made by the software.

4.2 We do not use your data to train third-party AI models. We do not send Practice Data, patient information, or PHI to any third-party artificial intelligence provider for the purpose of training that provider’s models. Where the service uses AI to generate content — for example educational social posts, composed images, or narration for our own training and marketing videos — that content is produced from our own libraries and materials, not from your data or your patients’ data.

5. We do not sell your information

This applies to practice information, patient information, portal user information, and prospect information alike. We do not disclose PHI for marketing or fundraising, and we do not permit any subprocessor to use information we give them for their own purposes.

6. Who we share information with

6.1 Subprocessors. We use third-party providers to run the service. Each is bound by written agreement to confidentiality and security obligations, and each that may handle PHI is bound by HIPAA-compliant terms. The full list, with what each one does, is in Section 4 — Data Deletion & Subprocessors below.

6.2 Between practices and patients. Patient payment information flows to the practice’s own Stripe connected account, because the practice — not Profit Smiles — is the merchant for patient payments. Patient contact and treatment information is visible to the practice’s authorized users, as the practice intends.

6.3 Legal and safety. We disclose information where legally required — court order, subpoena, or lawful government request — and where we reasonably believe disclosure is necessary to investigate fraud, enforce our agreements, or protect the rights, safety, or property of any person. Where PHI is involved, we follow the Business Associate Agreement and notify the practice unless legally prohibited.

6.4 Business transfers. If we are involved in a merger, acquisition, financing, reorganization, or sale of assets, information may be transferred as part of that transaction. Any acquirer will remain bound by this Policy and by our Business Associate Agreements with respect to information transferred, or we will give affected practices notice and an opportunity to object.

6.5 Our own people and contractors. Employees and contractors access information only where they need it for their role, under confidentiality obligations and least-privilege access controls.

7. How long we keep information

8. Your choices and rights

8.1 If you are a patient. Your health information rights run through your dental practice, not through us. Contact them to see, correct, or delete your records, or to get an accounting of disclosures. Their Notice of Privacy Practices explains how.

You can control messages directly — reply STOP to any text message, or use the unsubscribe link in any marketing email. You can turn off automatic membership renewal in your portal.

8.2 If you are a dental practice. You control your own data. You can view and correct it in the application, request an export at any time by emailing us, and request permanent deletion at any time from an authorized account. See Data Deletion Instructions below.

8.3 State privacy rights. Depending on where you live, you may have rights to know what personal information we hold, access a copy, correct inaccuracies, delete it, opt out of sale, sharing, targeted advertising, or profiling, and not be discriminated against for exercising these rights.

Residents of Texas (under the Texas Data Privacy and Security Act), California (under the CCPA/CPRA), and other states with comprehensive privacy laws may exercise these rights by emailing support@profitsmiles.com with the subject “Privacy Request.”

How we handle a request: we will verify your identity — usually by confirming you control the email address on the account — respond within the period your state’s law requires (generally 45 days, extendable once where permitted), and tell you if we cannot fulfill the request and why. You may use an authorized agent, with proof of authorization. If we deny your request you may appeal by replying to our response; we will inform you of the outcome and, where required, of your right to complain to your state Attorney General.

Two important limits:

• PHI is exempt. Information covered by HIPAA is carved out of these state laws. Requests about health information go to your dental practice.
• We do not sell or share personal information, so an opt-out request has nothing to act on — but you are welcome to send one and we will confirm.

8.4 If you are a prospective customer we contacted. Reply to any message asking us to stop, or email support@profitsmiles.com, and we will remove you from all outreach permanently. You do not need to give a reason, and we keep a record of the request so you are not contacted again.

Every marketing email we send includes an unsubscribe mechanism and our physical mailing address, as required by the CAN-SPAM Act.

8.5 Marketing communications generally. You can opt out of marketing at any time using the unsubscribe link or by contacting us. You cannot opt out of transactional and service messages — billing notices, security alerts, and material changes to our terms — while you hold an active account, because you need them.

9. Security

We protect information using encryption in transit and at rest, least-privilege access controls, individually credentialed user accounts, network and application-level safeguards, monitoring and logging, and vulnerability management. Our infrastructure runs on AWS in the United States, within its physical and environmental security controls.

We will notify affected practices of any breach of unsecured PHI without unreasonable delay and no later than 30 days after discovery — sooner than HIPAA requires — with the detail specified in our Business Associate Agreement.

No system is perfectly secure, and we cannot guarantee absolute security. Email is not a secure channel — please do not send us health information or other sensitive details by email. Use the application, or contact your practice.

You have a part in this too: use a strong, unique password, do not share credentials between people, and tell us immediately if you suspect unauthorized access.

10. Children’s privacy

The service is not directed to children, and individuals under 18 may not create an account — practice-side or portal-side.

A dental practice may enter information about a minor patient as part of that patient’s record, at the direction of the parent or guardian who has authorized their care. That information is PHI and is governed by the practice’s obligations and our Business Associate Agreement, not by our own collection practices.

We do not knowingly collect personal information directly from children. If we learn we have, we will delete it promptly. Contact support@profitsmiles.com if you believe a child has provided information to us directly.

11. Where information is held, and international users

The service is intended for use in the United States, and all information is stored and processed in the United States.

If you access the service from outside the United States, you understand that your information will be transferred to and processed in the United States, where privacy laws differ from those in your country. Where the GDPR or UK GDPR applies to our processing, we rely on appropriate safeguards, including standard contractual clauses where required, and you may have rights of access, rectification, erasure, restriction, portability, and objection — exercisable at support@profitsmiles.com.

12. Links to other sites

Our services link to sites we do not control — Google, Meta, Stripe, and others. This Policy does not apply to them. Read their privacy policies before providing information.

13. Changes to this Policy

We may update this Policy. For material changes we will give at least 30 days’ notice by email or in the application, and we will update the “Last Updated” date at the top of this page. Continuing to use the service after a change takes effect means you accept it. We keep prior versions available on request.

14. Contact us

Profit Smiles Inc
7750 N MacArthur Blvd Ste 120-153, Irving, TX 75063-7501
Email: support@profitsmiles.com (subject line: “Privacy Request”)
Web: profitsmiles.com

Patients: for anything about your health information, your treatment, or your bill, contact your dental practice — they hold those records and those rights run through them.

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