Terms and privacy
“EMERA WEB”
EMERA GROUP USA LLC., is a LIMITED LIABILITY COMPANY organized and subject to the provisions of the Florida State Law of the United States of America (hereinafter referred to as “Émera”). For clarity and ease of reference, the name “Émera” may be used interchangeably with its corporate name. The following Terms and Conditions are set forth to govern the services and the use of the website https://emerasmile.com/ and/or “emerasmile.com,” which can only be used upon the unconditional acceptance by the user accessing or using it, under “The Terms and Conditions” and “Privacy Policy” explicitly set forth herein:
“TERMS AND CONDITIONS”
PRELIMINARY: It is essential to read and understand the Terms and Conditions under which “Émera” offers its services for promoting the use and sale of cosmetic teeth whitening products, as well as advisory services for optimal use and benefit of these products, which are conducted through posts on its Website (“WEB”), https://emerasmile.com/, henceforth referred to as “emerasmile.com”. These posts provide guidance and instructions published on “emerasmile.com” for the specific use of these products and services, referred to as “Use Instructions” or simply “Instructions.” “Émera” employs advanced techniques and high-quality products to achieve effective and lasting results. “THE USER” and/or “THE USERS” accessing the “WEB” “emerasmile.com,” must explicitly acknowledge and accept the Terms and Conditions and/or the “Instructions” under which “emerasmile.com” provides its services and to which “THE USER” and/or “THE USERS” agree to fully comply.
1. Introduction and Acceptance of the “Terms and Conditions,” “Privacy Policy,” and
“Instructions”: Access to and use of “emerasmile.com” explicitly indicates full and
unreserved acceptance of the “Terms and Conditions,” Privacy Policy, and “Instructions”
agreed herein by anyone voluntarily and freely accessing and/or using
“emerasmile.com” appropriately. These individuals are attributed the status of Users,
henceforth referred to as “The Users,” who, upon accessing “emerasmile.com,” are
immediately subject to the “Terms and Conditions,” Privacy Policy, and “Instructions” of
this Web Application established for accessing and using “emerasmile.com.” It is
essential for “The Users” to read and understand the “Terms and Conditions,” Privacy
Policy, and “Instructions” before using “emerasmile.com” to ensure they are aware of
and understand the “Terms and Conditions,” “Privacy Policy,” and “Instructions” they are
using “emerasmile.com” correctly and legally.
2. Product and Service Offerings: “Émera” offers its services to promote through
“emerasmile.com” the use and sale of cosmetic teeth whitening products and provides
advisory services for their optimal use and benefit. The posts cover the orientations and
indications given by their manufacturers for their use and employment. “Émera” makes
available to “The Users” teeth whitening products and services, which enable the
whitening of teeth to enhance their appearance. For this purpose, it utilizes comparative
elements of a variety of colors and shades contained in the sample book called SHADE
GUIDE, published for this purpose on “emerasmile.com,” through which “The Users” can
compare the current color and shade of their teeth with the varieties shown in the
SHADE GUIDE, to then choose and compare the color and shade suitable for their
purpose of whitening their teeth, using the procedures established in the “Terms and
Conditions,” “Privacy Policy,” and “Instructions.”
3. Obligations of “The Users”: “The Users” are individually and voluntarily bound and,
therefore, deliberately and reasonably accept the “Terms and Conditions,” “Privacy
Policy,” and “Instructions” established and contained in “emerasmile.com.” It is
understood that “The Users,” by accessing and using “emerasmile.com,” have individually met the unavoidable obligation to carefully read and fully understand the
“Terms and Conditions,” “Privacy Policy,” and “Instructions.”
4. Intellectual Property: It is definitively and expressly agreed between “Émera” and “The
Users” that the entire site “emerasmile.com,” including its content, texts, photographs,
graphics, images, technology, software, links, graphic design, source code, videos,
logos, etc., are protected by copyright and industrial property rights granted in favor of
“Émera,” who holds exclusive ownership over these rights. Therefore, all rights are
reserved in favor of “Émera,” and any exercise of these rights is declared. It is strictly
prohibited for “The Users” to reproduce, distribute, or modify the content of the website
“emerasmile.com,” except for sharing it on social media, provided that the corresponding
copyright credit is included in favor of “Émera.”
5. Privacy Policy: https://emerasmile.com is a secure page, as it is a specific URL that
points to a webpage using the secure HTTPS protocol for communication, thus the rights
of “The Users” are guaranteed by “Émera” in all matters concerning the handling of
personal data provided on “emerasmile.com,” especially its collection, use, and protection, as this is a matter of utmost importance to “Émera,” which assumes the duty to rigorously comply with the legal regulations that govern it.
6. Purpose of “emerasmile.com”: “emerasmile.com” is a web application, a specific web
address, intended to promote and advertise the sale of equipment and cosmetic
products for teeth whitening; as well as training and guidance of “The Users” in the
proper use of them, according to “Instructions” and recommendations of their
manufacturers.
7. Collection of Personal Data: The collection of personal data of “The Users” by
“emerasmile.com” will be done through contact forms, account registrations, cookies,
tracking of activity on “emerasmile.com,” and/or other methods determined by
“emerasmile.com.”
8. User Registration: “The Users” must provide the data required by “emerasmile.com”
and follow the “Instructions” indicated to access, navigate, manage, purchase, and pay
for the products and services they choose on “emerasmile.com.”
9. Right to Use and Share Personal Data Provided by “The Users”: “Émera,” through
“emerasmile.com,” may use the information collected from “The Users” when they
register and/or make a purchase and/or subscribe to newsletters published and/or when
they respond to a survey or marketing promotions, or simply navigate through
“emerasmile.com.” The data collected will be used wholly or partially by
“emerasmile.com” for the specific purposes for which they were collected and must be
treated securely and confidentially. This personal data of “The Users” is collected,
among other purposes, to maintain an up-to-date register of “The Users,” fulfill legal
obligations on behalf of “emerasmile.com,” provide and/or promote the services and
products of “emerasmile.com” and its commercial allies, offer them for purchase, inform
“The Users” about updates to the services and products; for sending commercial
communications, and to enhance “The Users'” experience in using and benefiting from
the goods and services offered on the page “emerasmile.com.”
10. Right to Request Correction of Personal Data: “The Users” have the right to request
the correction of inaccurate and/or incomplete personal data being processed by
“Émera.”
11. Right to Obtain Information in Format: “The Users” have the right to receive their
personal data in a structured, commonly used, and machine-readable format and to
transmit this data to another entity without limitation.
12. Right to Data Protection: “emerasmile.com” guarantees its obligation to implement and maintain adequate security measures to protect the privacy of the personal data of “The Users,” whether against unauthorized access, loss, theft, or improper disclosure. This includes the use of encryption and secure passwords, firewalls, among other security measures.
13. Use Restrictions: “The Users,” in the use of “emerasmile.com,” must refrain from:
a) Misusing it, adopting inappropriate, immoral, or exclusive conduct, making illegal or
defamatory content publications, advertising or commercial propaganda for any other
service and/or product, similar or different to those sponsored and promoted by “Émera”
on “emerasmile.com.”
b) Extracting or reusing all or a substantial part of the contents of “emerasmile.com” and/or reproducing or copying elements or its contents for private use of “emerasmile.com,” as well as publicly communicating or making them available to third parties when this involves their reproduction, except in cases contemplated by law or expressly authorized by “Émera” or the holder of such rights. c) It is prohibited to alter or modify any content published by “emerasmile.com” or part of its contents.
d) Bypassing, disabling, or otherwise manipulating (or attempting to bypass, disable, or manipulate) security features or other features of the program and using “emerasmile.com” or its contents for a commercial or advertising purpose.
e) It is prohibited to use “emerasmile.com” for the purpose of harming property, rights, or interests of “Émera” and its contents (etc.) or third parties, as well as trademarks and other distinctive signs that are property of “Émera” and/or third parties.
f) It is equally prohibited to perform any other use that alters, damages, or disables the networks, servers, equipment, products, and computer programs of “Émera” or third parties.
g) “The Users” do not acquire any rights over them by the mere use of “emerasmile.com.”
14. Exemptions from Liability for “Émera”: It is clearly understood by THE PARTIES that
“Émera” is not responsible for the false or misleading information about the cosmetic
products it offers for sale if such information comes from its manufacturers. The following are considered exemptions from liability for “Émera”: a) “The Users” exempt “Émera” from all liability for possible damages that may affect “The Users” due to manufacturing defects, processing, packaging, conservation, and expiration of the products offered, sold, and/or promoted on the page “emerasmile.com.” b) for damages suffered by “The Users” directly resulting from possible service interruptions and/or technical errors or computer viruses that affect their transmission and reception. c) “The Users” exempt “Émera” from all liability for possible damages caused by the improper and/or abusive use of the cosmetic teeth whitening products promoted and sold through “emerasmile.com.”
15. Modifications to the “Terms and Conditions,” “Privacy Policy,” and “Instructions”:
“Émera” reserves the right to modify the “Terms and Conditions,” “Privacy Policy,” and
“Instructions” at any time and to notify “The Users” about these changes.
16. Applicable Law, Jurisdiction, and Domicile: “Émera” is obliged to comply with and
enforce general laws, and in particular, data protection laws and regulations in force in
and for the State of Florida of the United States of America, based on the following
legislation:
a) Electronic Communications Privacy Act (ECPA): A law that regulates the
interception of electronic communications and access to stored electronic data.
b) Children’s Online Privacy Protection Act (COPPA): “The Users” fully understand that this law regulates the protection of children’s privacy online under the age of 13. For this reason, the consent of their parents or legal representatives is required before collecting, using, or disclosing personal information from children. In any case, individuals between the ages of 13 and 18 will require the consent of their legal representatives to use “emerasmile.com.”
c) The specific law regulating the protection of personal data, the State of Florida known as the Florida Information Protection Act (FIPA). The special domicile of “The Parties” is chosen as the State of Florida of the United States of America, for all effects, consequences, and derivatives of the “Terms and Conditions,” “Privacy Policy,” and “Instructions,” which shall be governed and interpreted according to the legislation of the State of Florida of the United States of America. Any controversy arising from the access or use of “emerasmile.com” will be resolved by the courts of the State of Florida, to whose legal system they expressly submit themselves to understand or resolve any conflict or interpretation.
“PRIVACY POLICY”
1. Introduction: This Privacy Policy explains how Émera (“we,” “our,” or “the Web”) collects, uses, stores, and protects the personal data that users provide when using our Google Calendar integration feature via Google Cloud’s OAuth authentication system. By using our application and authorizing access to Google Calendar, users agree to the terms outlined in this Privacy Policy.
2. Information We Collect: To provide the event creation functionality on Google Calendar, our application will request permission to access certain data in your Google account. The specific data we collect and access includes:
a) Google Calendar Access: With your authorization, our application accesses your Google Calendar to create events in the calendar you select.
3. How We Use Your Information: The information collected is used solely for the following purposes
a) Creating Events on Google Calendar: We use the Google Calendar API to create specific events in your calendar based on your instructions within the application.
We do not access or collect information about any existing events in your calendar, nor do we share your calendar information with third parties.
4. How We Share Your Information: We are committed to not selling, renting, or sharing your personal information with third parties. Your calendar information is used exclusively to facilitate the creation of events and is not shared, transferred, or otherwise disclosed beyond this purpose.
5. Data Security: We take the security of your data seriously. We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. Access to your Google Calendar data is restricted to authorized personnel only and is protected through the security standards provided by Google OAuth.
6. Data Retention: Our application only temporarily accesses your Google Calendar data to create events as directed by you. We do not store any personal calendar data beyond what is necessary to complete the requested actions. Any information used to access Google Calendar is securely managed and removed after session termination.
7. User Control and Revocation of Permissions: You have the right to revoke the permissions granted to our application at any time. To revoke access, go to your Google Account settings and remove access for Émera White.
8. Your Rights: As a user, you have the right to:
a) Withdraw Consent: You may revoke the permissions granted to our application at any time through your Google account settings.
b) Access and Control Data: You can view, manage, or delete the events created by our application in your Google Calendar at any time.
9. Changes to This Privacy Policy: We may update this Privacy Policy from time to time to reflect changes in legal requirements, best practices, or our services. We encourage users to review this policy periodically. If there are significant changes, we will notify you through the application or via email.
10. Compliance with Google’s Data Privacy Policies: We comply with Google’s data privacy policies and use data collected from Google Calendar API only as outlined here. For more information on Google’s policies, please visit Google’s Privacy Policy.
11. Contact Us: If you have any questions about this Privacy Policy or how your information is handled, please contact us at support@emerasmile.com