“SMILE SQUAD 2021 – Influencers Program”
The “Smile Squad 2021” is an international program created by ALIGN TECHNOLOGY Switzerland GmbH in order to select the influencers that will be part of the 2021 Smile Squad global campaign communications by taking and going through an Invisalign treatment (hereinafter the “Program”).
We thank you for your interest in this Program organized by ALIGN TECHNOLOGY Switzerland GmbH, a Swiss corporation registered under VAT number CHE-146.357.660 MWST, with its principal offices at Suurstofi 22, 6343 Rotkreuz, Switzerland, acting on behalf of its brand “Invisalign”, with the support of its advertising Agency Team11, a company registered in England under No. 9902960, with its principal offices at The Bank of Brilliant Ideas, 30 Church Street, Bradford on Avon, BA15 1LN, United Kingdom (hereinafter the “Organizer” or “We” or “Us”).
The touch point of the Program will be held on the dedicated Organizer’s website (hereinafter the “Organizer’s Website”) at the following address: https://www.invisalignsmilesquad.com/terms-and-conditions.html.
These Program T&Cs may be consulted throughout the term of the Program at the following address: www.invisalignsmilesquad.com It may also be obtained free of charge by any person who requests access from the Organizer throughout the term of the Program to the following address:
ALIGN TECHNOLOGY Switzerland GmbH
The Program shall be held from 1st of January 2021, 12 am, to 31st of December 2021, 12 pm.
2.1. Conditions of participation
Entry into the Program is free of charge without any purchase obligation.
The Program is open to all individuals who:
(hereinafter the “Influencer(s)” or “You”).
The Organizer may also require the Influencer to forward a copy of his/her personal identification as proof of age.
Several participations per Influencer are not authorized.
Members of personnel of the Organizer and persons having collaborated in the organization of the Program and their respective families (i.e. persons within the same home for tax purposes) are prohibited from participating in the Program, as well as all healthcare professionals and more generally any person working in the medical field.
Influencers shall refrain from implementing any participation mode which does not comply with these rules.
In cases of suspected fraud and/or unfair participation, the Organizer reserves the right to conduct any verification it deems necessary. Any established corrupt or fraudulent practice will result in an immediate and definitive removal of the Influencer participation into the Program, final, without notice.
Your Participation may be deemed ineligible by the Organizer if you do not comply with the modalities of Participation set forth above.
Any participation that is incomplete or inaccurate, or that do not follow the procedure set out above shall not be considered and so shall invalidate the participation.
2.2. Procedure of participation
The applications periods shall be open all year.
From 1st of January 2021, 12 am to 31st of December, 12 pm (hereinafter the “Application Period”).
2.2.2. Candidacy In order to present their candidacy to the Program, it is necessary for the Influencers to:
3.1 Process of selection
The Influencers will be selected by the Organizer (both ALIGN TECHNOLOGY Switzerland GmbH and Team11) based on the following objective criteria:
The selection will be at the sole discretion of the Organizer who will assess the suitability of each application based on the above objective criteria.
You understand that the number of Selected Influencers (as defined below) is capped by the Organizer at 100 selections.
3.2. Timeline & notification
Each Influencer will be notified by an email sent by the Organizer, whether they are selected or not.
Regarding the Influencers who will be selected by the Organizer (hereinafter the “Selected Influencers”), they will receive in the email (the “Confirmation Email”) additional information about the next steps of the Program.
Following the Confirmation Email, each Selected Influencer will be contacted by the Organizer within five (5) working days to discuss the terms of the collaboration, during which a conditional influencer agreement will be communicated to each of the Selected Influencer (the “Influencer Agreement”).
The Influencer Agreement will contain and detail the different type of services that the Influencers will be required to provide, the conditions of the rights assignment (both Image rights and Intellectual Property rights) as well as industry standard provisions usually inserted in influencers agreements.
The Influencer Agreement shall be initialized and signed before the Influencer can start the Program.
If the participation of the Influencers does not comply with the present Terms & Conditions (and in particular concerning any information that would be inaccurate or in case of a plurality of participations), the Influencer participation shall not be deemed valid, and the Organizer shall be free to select another Influencer instead.
By enrolling into the Program, You recognize that you will have to enter and go through the Invisalign treatment once you have been selected by the Organizer, and declared by the Chosen Practitioner (as defined below) suitable for treatment during the initial assessment. The Organizer will cover the cost of the treatment directly to the Chosen Practitioner.
You understand that the continuity of the treatment is your responsibility as well as the Chosen Practitioner’s, and that the Organizer could in no event be held liable for that purpose.
4.2. Choice of the Practitioner
The initial consultation of the Selected Influencer with a practitioner will be facilitated by the Organizer.
The Selected Influencer shall then be free to choose between the referenced practitioners practices (the “Chosen Practitioner”). The suitability of the Selected Influencer to the Invisalign treatment will be determined during the initial consultation.
In the situation the Selected Influencer is not declared by the Chosen Practitioner suitable for treatment, then the participation of the Selected Influencer to the Program, as well as the Influencer Agreement shall not be deemed valid.
Definitions: In this Agreement, the following terms will have the following meanings: (a) "Binding Corporate Rules" (“BCRs”) mean Align's Binding Corporate Rules Processor Policy, available at http://investor.aligntech.com/documents.cfm; (b) "Data Protection Law" means applicable data protection or privacy laws or regulations in the country in which the Customer and/ or the Practice practices dentistry with respect to Customers, including any applicable national implementations of the EU Data Protection Directive (95/46/EC), from 25 May 2018 the General Data Protection Regulation 2016/679 and the Privacy and Electronic Communications Directive (2002/58/EC) (each as amended); (c) "Personal Data", "Sensitive Personal Data" (which shall be read as "special categories of data" where local Data Protection Law instead uses such term), "Process/Processing", "Controller" (which shall be read in these Terms as "Operator" where local Data Protection Law uses instead the term "Operator"), "Processor", will each have the meaning given to them under Data Protection Law.
Data Breaches:Align will notify Influencer without undue delay if Align becomes aware of a verified Data Breach and keep Influencer informed of any related developments. Align will take all reasonable steps to mitigate or negate the effects of any such Data Breach.
Subprocessing: Influencer agrees that Align may subcontract its processing of Personal Data to third parties ("Subprocessors") provided that Align has in place a written agreement with the Subprocessor that requires it to process Patient Data only in accordance with these Terms and Align's Binding Corporate Rules.
Data transfers: Influencer acknowledges that Align may transfer Personal Data for processing to one or more of its affiliates or third party Subprocessors in the course of providing the Services, which include countries outside the European Economic Area ("EEA"). Align shall only transfer Personal Data outside the EEA where it has taken such measures as are necessary to ensure the transfer is in compliance with applicable Data Protection Law.
Personal information we collect and how we use it
When you register as a certified Influencer with Align, we, as the data controller, store and use your personal data that you provide such as your name, address, phone number, treatment details, feedback, photographs, and social media details ("personal data") in order to:
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. Where we have entered into a contract with you, such as to provide you with our goods and services, we will process your information to perform that contract. In other circumstances, we may process your information for the legitimate business interests of Align such as marketing or improving our products and services, provided that these interests are not overridden by your rights. We will make it clear to you at the time of collection what our legitimate interests are.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Retaining and deleting your personal information
The Align Group will retain your personal data for only as long as it has an ongoing legitimate need to do so, for example, to provide you with goods and services, and to comply with regulatory obligations. The personal data will then be either deleted or anonymised or, if this is not possible (for example, because your personal data has been stored in backup archives), then they will be securely stored until deletion is possible.
Individual Rights: You have the following rights:
If you have any questions about your personal information, or your rights please contact:
ALIGN TECHNOLOGY Switzerland GmbH Attention: Privacy Office
The Organizer shall not be held liable regarding the Selected Influencer treatment, nor incur any liability whatsoever in the event of force majeure or other similar events which are beyond its control (including, but not limited to technical problems, losses or delays in postal services,) interfering with the organization and management of the Program.
The Organizer shall not be held liable in the event of the malfunctioning of the Internet, preventing access to, or satisfactory running of, the Program. In particular, the Organizer may not be held liable for any external malicious acts (e.g. virus, misused identity etc.).
If exceptional circumstances require, the Organizer reserves the right to postpone, shorten, extend, modify, cancel or suspend the Program and the liability of the Organizer cannot be sought as a result.
The Organizer shall not be held liable for any dissatisfaction, incidents and/or accidents that may occur during the Influencers’ treatments.
The Official Rules may be viewed in full at: www.invisalignsmilesquad.com
It may also be obtained free of charge by any person who requests access from the Organizer throughout the term of the Program to the following address:
ALIGN TECHNOLOGY Switzerland GmbH
The Organizer may be required to amend these rules inter alia to comply with any new legislation and/or applicable regulations.
Any amendment shall be integrated within these Terms & Conditions and shall be announced on the Organizer’s Digital Hub.
In the event that any clause hereunder is declared null or void, it shall have no impact on the validity of the T&Cs themselves.
The present T&Cs shall be governed by the laws of the Switzerland.
Any dispute which may arise with respect to the validity, interpretation, performance, breach, suspension or termination of this Agreement shall be the exclusive jurisdiction of the Zurich courts.