Data Processing Addendum

Version 1.3. Effective September 15, 2026.

This Addendum forms part of the Terms of Service between SmileMaxer LLC ("SmileMaxer", "we") and the practice that opened a PerioMaxer account ("Customer", "you"). It governs personal data that we process on your behalf when you use PerioMaxer.

How this relates to the BAA

This Addendum and the Business Associate Agreement cover different things, and a practice may need both.

  • The BAA covers protected health information under HIPAA. It is offered to a practice whose use of PerioMaxer requires SmileMaxer to handle protected health information on its behalf. The agreement is still being finalized and cannot be signed yet; open a support ticket if your practice needs one. It is written to apply to the SmileMaxer and PerioMaxer office-link services described in that agreement. It does not extend to other SmileMaxer LLC products that are designed to hold no patient information, and signing it would not permit patient information to be entered into such a product. See the BAA summary.
  • This Addendum covers personal data under data-protection law such as the GDPR and the UK GDPR: your staff's account records, billing contacts, and device registrations.

Where the two overlap, the BAA governs protected health information.

1. Roles

You are the controller of the personal data you put into PerioMaxer. We are the processor. We process that data to provide the service and on your documented instructions. Using the service is your instruction to process.

Where we decide how and why data is handled on our own account, we act as an independent controller and the Privacy Policy applies instead. That includes our own billing, tax, and legal records; securing the service and investigating licensing abuse; using connection diagnostics and feedback to fix and improve the service; recording which of our own campaign links led to a signup; and our public marketing pages.

2. What we process

  • Categories of data subject: your staff. Dentists, hygienists, assistants, office managers, and the account owner.
  • Categories of data: work email, full name, role, password hash, authentication and login-security events, the public IP addresses and browser user agents recorded with sign-ins and audit events, practice name and physical address, billing contact, registered mobile devices and office computers, phone setup links, active-session records, configuration, audit records, support messages, and voluntarily submitted feedback reports and attachments.
  • Purpose: operating the account, licensing, enforcing simultaneous-session limits, billing, support, and security.
  • Duration: the life of your subscription, plus the retention periods in Section 8.

3. What we do not process

The account and licensing interfaces do not accept clinical chart traffic. Voice recognition runs on your device, and Office Link chart entries move between the phone and the paired office computer over your own network. Separately, our account database receives voluntary feedback reports and the files the sender attaches. Those files can contain recorded speech, what the speech recognizer heard, and the chart values entered in a session. The service is not designed to receive patient information and cannot tell whether a message or file contains it. Do not put patient information into support messages or attachments. The Privacy Policy describes this support data and its retention.

4. Our obligations

We will:

  • process personal data only on your documented instructions, and tell you if we believe an instruction breaks data-protection law;
  • bind everyone we let near the data to confidentiality;
  • keep the security measures in Section 6;
  • help you answer data-subject requests, run data-protection impact assessments, and deal with regulators, taking into account what we know and what the service can do;
  • give you the information you need to show you comply with this Addendum, and allow audits as described in Section 9.

5. Subprocessors

You give us general authorization to use subprocessors. The current list is published at /subprocessors.

We will update that page at least 15 days before we add or replace a subprocessor that handles practice data. You may object in writing, through a support ticket in your account, within those 15 days on reasonable data-protection grounds. If we cannot resolve the objection, you may terminate the affected subscription and receive a pro-rata refund of prepaid fees.

Every subprocessor is bound by written terms no weaker than this Addendum. We remain responsible to you for their performance.

6. Security

We maintain technical and organizational measures appropriate to the risk, including:

  • encryption in transit for all cloud traffic, and encryption at rest for the account database;
  • certificate-fingerprint pinning on the phone-to-computer pairing link, which runs directly between your own devices;
  • role-based access control, with multi-factor authentication required for our own administrative access;
  • one-use pairing tickets stored only as cryptographic hashes, expiring after two minutes;
  • audit logging of account changes, device actions, and administrative events;
  • separation of the cloud licensing plane from the local clinical plane: live Office Link chart traffic does not pass through the cloud service. The exception is voluntary feedback, whose attached files can contain recorded speech, transcripts, and chart values.

7. Personal data breaches

We will notify you without undue delay, and in any case within 72 hours, after becoming aware of a personal data breach affecting your data. The notice will describe what happened, the likely consequences, and what we are doing about it, so far as we know at the time. Notice to you is not an admission of fault.

8. Deletion and return

You can request a copy of your account data at any time while the subscription is live by opening a support ticket from your account. We verify the request before providing the copy.

When the practice owner deletes the account, or on termination at your request, we delete at once (for a practice with an open setup hold, once our support staff complete a self-service deletion that currently stops partway) your staff logins, registered phones and computers, pairing and licensing records, charting-session records, phone setup links, chart-order submissions, support tickets, and the non-billing record of emails we sent. The following are kept, and are not returned:

  • Billing and tax records: the subscription history and the practice record it refers to (legal name, address, billing email, and Stripe customer reference) have no scheduled deletion, and our record of billing notices is kept for three years.
  • The record that the practice already used a free trial, kept indefinitely to prevent repeat trials.
  • Any signed BAA and its signing record, with no scheduled deletion.
  • Security and audit logs are kept for two years. They can include staff email addresses and IP addresses.
  • The history of the practice's public IP address changes and licensing review records, with no scheduled deletion.
  • Voluntary feedback reports and availability-update requests, until the person who sent them asks us to delete them.

Backups roll off on their own schedule within 90 days.

Individual accounts can also be deleted at any time; see account deletion.

9. Audits

On reasonable written notice, no more than once a year, we will answer a reasonable security questionnaire and provide the documentation we hold. If a regulator requires more, we will work with you in good faith to arrange it, at your cost, without disturbing other customers.

10. International transfers

We host the service in the United States. Where you transfer personal data out of the EEA, the United Kingdom, or Switzerland to us, the European Commission's Standard Contractual Clauses (Module Two, controller to processor) are incorporated into this Addendum by reference, with the UK Addendum and the Swiss amendments applied as relevant. This Addendum supplies the information those clauses need in their annexes: Sections 1 and 2 describe the parties, data, and purposes; Section 6 describes the security measures; Section 5 points to the subprocessor list. Personal data we handle as an independent controller under Section 1 is described in the Privacy Policy.

11. Liability and precedence

Each party's liability under this Addendum is subject to the limits in the Terms of Service. If this Addendum conflicts with the Terms of Service on the processing of personal data, this Addendum wins. If it conflicts with the BAA on protected health information, the BAA wins.

Contact

Open a support ticket from Support in your account, or write to support@periomaxer.com. SmileMaxer LLC, a Maryland limited liability company.