Terms and Conditions

Terms and Conditions of Use of the Cube Click, Inc. Website

The information on this website is provided solely on an “AS IS” and “AS AVAILABLE” basis. Cube Click, Inc. is not engaged in rendering investment or medical advice via this website, nor does it provide instruction on the appropriate use of products produced, supplied or under development by Cube Click, Inc., its affiliates, related companies or its licensors or joint venture partners. Access and use of the Cube Click, Inc. website is subject to the terms and conditions set forth herein and all applicable laws, statutes and/or regulations. Cube Click, Inc. does not, by or through this website, offer for sale any products or services. SMILE Dx® is a diagnostic aid that can only be ordered and used by an authorized healthcare provider.

Cube Click, Inc. may revise or modify these Terms from time to time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Cube Click, Inc. website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Any use of this website by you after such notice shall be deemed to constitute acceptance of the changes.

Cube Click, Inc. will use reasonable efforts to include accurate and up-to-date information on the Cube Click, Inc. website, however, any information presented on the website as of a particular date may only be accurate as of such date and Cube Click, Inc. disclaims any responsibility to update such information. Information about companies other than Cube Click, Inc. contained in news, press releases or otherwise that are posted on the website should not be relied upon as being provided or endorsed by Cube Click, Inc.

You must exercise caution, good sense and sound judgment in using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. Cube Click, Inc. will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

In using this Site, you agree not to:

• Send or otherwise transmit to or through this Website or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Misrepresent your identity or affiliation in any way;
• Use this Website to disclose or obtain another’s personal information, or collect information about users of this Website;
• Gain unauthorized access to this Website, or assist others to gain unauthorized access, or to disclose users’ names or personally identifiable information, or to gain or provide unauthorized access to other computers or websites connected or linked to this Website;
• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through this Website or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, messages marketing or advertising goods and services;
• Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• Violate any applicable laws or regulations or these Terms;
• Assist or permit any persons in engaging in any of the activities described above.

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CUBE CLICK, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Cube Click, Inc. makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this website. You are responsible for verifying any information before relying on it. Use of the website and the content available on the website is at your sole risk. Cube Click, Inc. makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the website is free of viruses.

CUBE CLICK, INC.SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE CUBE CLICK, INC.WEBSITE. CUBE CLICK, INC.EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF CUBE CLICK, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITE.

You agree to indemnify, defend and hold Cube Click, Inc. and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Website.

By submitting any communication or material to Cube Click, Inc. , you agree that: (1) if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose; (2) you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another’s computer; (3) such content will be deemed non-confidential; and (4) you grant to Cube Click, Inc. a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with Cube Click’s Privacy Statement, and waive any moral rights you may have in such content. Subject to Cube Click’s Privacy Statement, Cube Click, Inc. shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason.

It is the policy of Cube Click, Inc. to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of Cube Click, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All content of the Cube Click, Inc. website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that you may view, use and download a single copy of this website for your informational, non-commercial use. Except as provided herein, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Cube Click, Inc. The use or misuse of Cube Click’s trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.

This Site is controlled and operated by Cube Click, Inc. Cube Click, Inc. makes no representation that materials in the Website are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.

Cube Click, Inc. may terminate your use of this Website or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from this Website and all copies thereof. The provisions of these Terms concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to these Terms, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

Cube Click, Inc. reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using the Cube Click, Inc. website, including the right to block access from a particular Internet address to the website.

By choosing to visit this Website or otherwise provide information to Cube Click, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of Delaware and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts in the State of Delaware. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

This website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third party pages and expressly disclaim liability for all third party information and the use of it.

Cube Click’s Privacy Statement (“Privacy Statement”), as it may change from time to time, is a part of these terms and conditions for using the Cube Click, Inc. website and is incorporated herein by this reference. Cube Click, Inc. reserves the right, and you authorize Cube Click, to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with Cube Click’s Privacy Statement.

Notice to Staffing Vendors, Search Firms, Recruitment Agencies and Recruiters

Cube Click’s recruitment process is managed directly through its Talent Acquisition Department. All candidates must be presented through this avenue. All recruiters, agencies or other staffing firms are requested not to contact Cube Click’s hiring managers, employees or representatives directly to inquire about open positions or to present candidates. Complying with this request will be a significant factor in determining any initial or ongoing professional relationship with Cube Click. Any such recruiter, agency or other staffing firm seeking to work with Cube Click, Inc. must first contact the Talent Acquisition Department at [email protected]; include “Vendor Request” in the subject line.

Cube Click, Inc. requires a signed agreement to be in place with any recruiter, agency or other staffing firm prior to the presentation of any candidates. Unsolicited resumes or other submissions sent to Cube Click, Inc. will be deemed the property of Cube Click, Inc.to follow up with as it sees fit and no fee will be paid in the event the candidate is hired as a result of the referral or by other means.

If you have any questions about these terms and conditions, please contact us at [email protected].

Cube Click Corporation Privacy Policy

This Privacy Policy describes how Cube Click Corporation and any other affiliates or subsidiaries with the brand name “Cube Click” (collectively, “Cube Click,” “we,” “our,” or “us”), as a data controller, collects and processes personal information in relation to all Cube Click website(s) and application(s) that link to this Policy (“Sites”), through events or other in-person contact, and otherwise in the course of operating our business (collectively, the “Services”).

“Personal information” is information, or a combination of pieces of information, that could reasonably allow you to be identified, including information defined as “personal data” and governed by the EU General Data Protection Regulation 2016/679.

Please note that our collection or use of your personal information may be governed by a separate privacy notice. Our uses and disclosures of protected health information governed by the Health Information Insurance Portability and Accountability Act. If you receive a different notice at the time we collect your personal information, that privacy notice will govern how we use that personal information.

1. PERSONAL INFORMATION THAT WE COLLECT

We collect personal information about our website visitors and actual or potential suppliers and customers. We may collect information from you directly (e.g., when you contact us through one of our Sites or sign up to receive our newsletters), automatically (e.g., through the use of cookies and trackers when you visit our Sites), or from other sources (e.g., through our vendors or analytics providers).

When you access the website(s), we may collect the following categories of personal information directly from you:

• Contact information, such as your name, postal address, email address, telephone number (each whether associated with you in your personal or professional capacity);
• Authentication data, such as user name, password, password hint(s), and other similar authentication information necessary to verify the identity of registered users;
• Professional details, such as job title, and organization; and
• Other information you provide, such as information you provide in emails and other communications that you send us or otherwise contribute (e.g., customer support inquiries). Please be aware that information you post on public parts of our website may be visible to anyone.

We or our service providers may collect technical information automatically from your computer or mobile device over time and across different Sites through the use of cookies or similar tracking technologies. A cookie is a small text file that can be placed on your computer’s hard drive with your permission. Cookies help analyze web traffic and let us know when and how you visit a particular site. Cookies allow web applications to respond to and tailor your experience with our Sites according to your individual preferences, and to remember those preference for the next time you visit the Sites. A cookie does not give us access to your computer or provide any information other than the data you choose to share. The personal information we may obtain through cookies includes:

• Unique identifiers, such as IP address, browser type, operating system, the pages you view on the Sites, the pages you view immediately before and after you access the Sites, and the search terms you enter on the Sites, Internet or other electronic network activity information;
• General location data; and
• Inferences drawn from the above categories.

For more information about how we use cookies, the types of cookies we use, and how to manage your cookie preferences, please refer to our Cookie Policy.

We also may obtain your personal information from third parties and sources, such as web hosting providers, analytics providers, and advertisers. In some cases, these third parties collect information on our behalf as our processors or service providers. In other cases, we collect information from third parties based on the account or privacy settings that you have established with those third parties. The information we collect from other sources may include any of the types of personal information listed above.

2. HOW AND ON WHAT BASES WE USE YOUR PERSONAL INFORMATION

We may use your personal information for the following purposes:

• Identification and authentication:We use your identification information to verify your identity when you access and use our Services, or otherwise engage with us, and to ensure the security of your personal information. This is necessary to provide the requested service.
• Communications:We may respond to and communicate with individuals and healthcare providers about requests, questions, comments, products, and services.
• Business operations:We process your personal information to provide the Services that you request and relationships with our actual and potential suppliers and customers. We use personal information to operate, evaluate, and improve our business, including developing new products and services; determining the effectiveness of the company’s sales, marketing and advertising; and performing accounting, auditing, billing, reconciliation, and collection activities.
• Service improvements:We analyze usage information, including site analytics, to continually improve the user experience.
• Customizing your experience:We may use your personal information to improve your experience of the Services, such as by providing interactive or personalized elements on the Services.
• Marketing:We may use your personal information in accordance with your preferences to build a profile about you, to understand your preferences, and to help determine which marketing materials would be of interest to you and your patients.
• Exercising or protecting rights:We may use your personal information to exercise or protect our legal rights, or the rights of you or a third party, where it is necessary to do so, for example to detect, prevent, and respond to intellectual property infringement claims or violations of law.

Applicable law may require Cube Click to identify a legal basis in order to process your personal information. Such bases include:

• Consent:We will rely on your consent, where required by law, to use (i) technical information (including general location data) derived from cookies and similar tracking technologies, as described in this Policy and our Cookies Policy; and (ii) your personal information for marketing purposes.
• Performance of a contract:We will process any of your personal information identified in this Policy as necessary to perform our contractual obligations with customers or suppliers.
• Complying with legal obligations:We may process your personal information to carry out fraud prevention checks or comply with other legal or regulatory requirements, such as those related to information security or consumer transaction law, when required by law.
• Legitimate interests:Any personal information not processed under the other bases identified in this section will be processed in furtherance of our legitimate interests. We have legitimate interests in providing and maintaining our Services, responding to your communications, improving and customizing our Services, exercising or protecting the rights of Cube Click or you or a third party, and operating our business effectively. Where we rely on legitimate interests to process your personal information, we will balance our need to process that information with any risks such processing poses to your rights and freedoms.

We may also anonymize your personal information in such a way that you may not reasonably be re-identified by us or any other company, and may use this anonymized information for any other purpose.

3. HOW AND WHEN WE SHARE YOUR PERSONAL INFORMATION

We may share your personal information as follows:

• To inform third-party entities that provide services to us:We may share your personal information with third parties that perform marketing services and other business operations. For example, we may partner with companies to process secure payments, fulfill orders, optimize services, send newsletters and marketing messages, support email and messaging services, and analyze information. These service providers may include advertising agencies, technical support, or website analytics providers, which will use your personal information only in the ways described in this Policy.
• Cube Click, affiliates or subsidiaries : We may share your personal information with Cube Click group entities to ensure that we provide our Services effectively and according to your requests or a contract with you.
• Where required by law:We may share your personal information with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
• In the context of a transaction:We may share your personal information with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner consistent with this Policy.

4. YOUR RIGHTS OVER YOUR PERSONAL INFORMATION

You have certain rights regarding the personal information we hold about you, subject to local law. These may include the right to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information. You also may have a right to lodge a complaint with your local data protection or privacy regulator.

We also encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate. Where you have provided your consent to any use of your personal information, you can withdraw this consent at any time. Please note that we may require additional information from you in order to honor your requests.

If you would like to discuss or exercise any rights you may have under applicable law, please contact us at richardricci@cubeclick,com .Please note that you may need to provide additional information for us to respond to certain requests.

If you wish to not receive our emails, you may click the “unsubscribe” link in any email communication. For additional information regarding your rights related to our use of cookies, please see our Cookie Policy.

5. DATA RETENTION

We retain your personal information for as long as necessary to carry out the purposes set out in this Policy, unless a longer retention period is required by applicable law. To determine the appropriate retention time for your personal information, we consider the amount, nature, and sensitivity of personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, and whether we can achieve these purposes through other means, as well as applicable legal requirements. In some circumstances we may anonymize personal information so that it may no longer be associated with an individual, and in such cases we may use that anonymized information without further notice to you and outside of this Policy (because, once anonymized, it ceases to constitute “personal information”).

6. INFORMATION SECURITY

We implement technical and organizational measures to maintain a level of security appropriate to any risks presented to the personal information we process. These measures seek to ensure the ongoing integrity and confidentiality of personal information. Please note that no security measures can be 100% secure; however, we evaluate and test our chosen measures on regular basis in order to protect your personal information in accordance with this Policy and applicable law.

7. DO NOT TRACK

We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. For more information, visit www.allaboutdnt.org.

8. INTERNATIONAL DATA PROCESSING & TRANSFER

We process information collected from or about you in any country in which Cube Click operates, as permitted by applicable law. In some cases, your information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for information under applicable laws (such as those in the European Union). When we conduct such transfers, we put in place appropriate safeguards (such as standard contractual clauses) in accordance with applicable legal requirements. Information located outside of your home country may be subject to access by that country’s government or its agencies under a lawful order.

9. THIRD-PARTY WEBSITES

This Policy applies solely to the information collected by Cube Click, Inc. Our Sites may contain links to websites not owned or controlled by Cube Click. Cube Click does not have any control over these third-party websites. We encourage you to be aware of these other third-party websites and their privacy statements, as we cannot control and are not responsible for privacy policies or practices of third-party websites.

10. CONTACT US

If you have questions or concerns regarding the way in which your personal information has been used, please contact us at [email protected].

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence.

11. CHANGES TO THIS POLICY

If we update this Policy, we will notify you by posting a new privacy policy on this page. If we make any changes that materially change the ways we process or protect your information, we will provide additional notification of the changes.

Cube Click, Inc. Cookies Policy

Last Updated: February 25, 2022

Cube Click, Inc., and any other affiliates or subsidiaries with the brand name “Cube Click” (collectively, “Cube Click,” “we,” “our,” or “us”), and third parties deploy digital tracking technologies (such as cookies, pixels, tags, similar technologies; collectively, “Cookies”), on our digital properties (like our websites and in our emails) for a number of reasons, including making our websites function properly and being able to provide you with the most relevant products, services, and information.

This Cookies Policy explains what Cookies are and provides details about the Cookies that we use. The Policy also explains your choices with respect to the use of such Cookies.

1. What are Cookies?

A “cookie” is a small text file that can be stored on your device when you interact with digital properties, such as when you visit a website or load an email. The information stored in the cookie can be read on subsequent visits to the digital property, allowing for the device to be recognized. “First-party cookies” are cookies set by the digital property that you are visiting; “third-party cookies” are cookies set by third parties when you visited the digital property. “Persistent cookies” are cookies that are not deleted automatically when you close your browser or device. In contrast, “session cookies” are deleted when you close your browser or device. Persistent cookies enable the website to “remember” things about you as a returning visitor, such as your language preferences. Cube Click may collect data from you by using Cookies.

2. What Cookies Does Cube Click Use?

Our websites, applications, emails, and other digital services (our “Properties”) may use both first-party Cookies and third-party Cookies. These Cookies perform a variety of functions and can generally be categorized as:

• Strictly Necessary Cookies
• Functionality Cookies
• Performance Cookies
• Targeting Cookies

We provide more information about each type of Cookie in the following sections, including information about the specific Cookies that we use on the Properties. We then describe how you can block Cookies.

Strictly Necessary Cookies

Strictly necessary Cookies enable core functionality on our Properties such as security, network management, user authentication, and accessibility. Without these Cookies, the Properties and related services, such as browsing as a registered user or making a purchase, would not be available to you. While you may be able to configure your browser to reject these Cookies, doing so would affect how our Properties function.

3. How to Control Cookies

Depending on applicable law, you may have the right to choose whether certain Cookies load on your visit. You can decline to accept Cookies by configuring your browser settings to reject Cookies. Web browsers generally accept Cookies by default but allow users to change the settings so that the browser disables or rejects Cookies. You can usually find your browser’s Cookie settings in the Options or Preferences menu of your browser. We have added a few links to instructions to change cookie settings in some of the more common browsers.

• Cookie settings in Google Chrome
• Cookie settings in Firefox
• Cookie settings in Safari

Refusing or removing Cookies through your browser or browser settings could affect the availability and functioning of our Properties. Your settings may need to be refreshed for each browser, device, and domain or property that you visit.

For further information about cookies including how to see what cookies have been set on your device and how to manage and delete them, please visit www.allaboutcookies.org.

In Europe, you may also visit www.youronlinechoices.eu to exercise choices about certain cookies.  In the U.S. you may also visit the Network Advertising Initiative’s opt-out page at http://optout.networkadvertising.org/#!/ to learn how to opt-out of certain third party interest-based advertising cookies.

4. Revisions to this Policy

We may update this Policy from time to time. You are encouraged to consult this Policy on a regular basis and check the date on which the Policy was last updated, as shown in the beginning of the Policy. When we make a material change to the Policy, we will endeavor to notify you by placing a prominent banner on our website or as otherwise required by law.

5. Questions?

If you have any questions relating to our use of cookies, you can email us at [email protected] .

Effective date: February 25, 2022.