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Smile Virtual

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Smile Virtual is a US teledentistry platform that lets dental practices offer remote cosmetic consultations from their website. The patient uploads selfies of their smile, a dentist records a personalised video with treatment options, and the patient can then book an appointment. Because the photos and concerns describe the patient's teeth, the data can qualify as health data under the GDPR and is processed in the United States.

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Overview

What does Smile Virtual do?

What is Smile Virtual?

Smile Virtual is an online dental consultation platform operated by Smile Virtual Consult, LLC in the United States. It connects patients with dentists for remote cosmetic consultations: the patient uploads photos of their smile and describes what they would like to change, a dentist reviews the case and records a personalised video explaining treatment options, cost and duration, and the patient can then schedule an in-office appointment. Dentists subscribe to the service to generate new patient leads, mainly for cosmetic dentistry. It is not a virtual try-on or AR filter tool.

How Smile Virtual appears on a website

A dental practice adds a Smile Virtual consultation button, form or script to its own website, and the consultation flow runs on the Smile Virtual application. Technology scanners detect the service through scripts or references pointing to www.smilevirtual.com and app.smilevirtual.com. The application is hosted on Amazon Web Services in the United States and itself loads Google services such as Google Tag Manager and Google Fonts.

Cookies and personal data

Smile Virtual's privacy policy states that it collects usage details, IP addresses and information through cookies, web beacons and other tracking technologies. Cookie names used by the embedded widget are not publicly documented. The data a patient submits is far more sensitive: name, email address, phone number, smile photos, a description of dental concerns and the dentist's recorded assessment. Photos of teeth together with treatment questions can reveal information about a person's health and should be treated as health data under Article 9 of the GDPR.

GDPR and consent

The consultation is requested by the patient, but processing health data still requires an Article 9 exception, in practice the patient's explicit consent collected before upload. Any analytics or marketing trackers loaded with the widget require cookie consent. Because Smile Virtual is a US company hosting data in the US, the practice must also secure a valid transfer mechanism and a data processing agreement.

Practical steps

  • Load the Smile Virtual widget only when the visitor chooses to start a consultation, not on every page.
  • Add an explicit consent checkbox for the processing of photos and health information, with a link to your privacy notice.
  • Sign a data processing agreement with Smile Virtual and document the transfer mechanism to the United States.
  • Tell patients how long photos and videos are kept and how to request deletion.
Compliance

Smile Virtual and the GDPR

Smile Virtual is classified as “Preferences”. On a site that targets European visitors, it must only load after the visitor consents, and it must be listed in your cookie policy.

Legal basis
Explicit consent for health data (Art. 9(2)(a) GDPR) and consent for any non-essential storage (Art. 5(3) ePrivacy Directive); performance of a pre-contractual request for the consultation itself (Art. 6(1)(b) GDPR)
Risk level
high
Applicable regulations
GDPR, ePrivacy Directive, HIPAA (United States)

Impact assessment (DPIA)

A DPIA is advisable because the service processes health-related images and information about patients, and transfers them to a US provider. Assess the necessity of each data item, the explicit consent wording, retention of photos and videos, access by dentists, and the safeguards for the transfer to the United States.

Sample text for your banner

To start a virtual smile consultation, your photos and answers will be sent to Smile Virtual, a provider based in the United States, and reviewed by our dentist. Please confirm that you explicitly consent to this processing of information about your dental health.
Cookies and trackers

What Smile Virtual sets and contacts

Tracking method
Teledentistry consultation widget or link embedded on a dental practice website; detected through scripts or references to www.smilevirtual.com and app.smilevirtual.com. The patient uploads smile photos and receives a recorded video consultation from the dentist.
Server location
United States (application hosted on Amazon Web Services, us-east-2 region)
Data transferred outside the EU
Smile Virtual Consult, LLC is a US company and its application runs on AWS in the United States. Photos, contact details and consultation videos are therefore processed in the US; check the vendor's transfer mechanism (EU-US Data Privacy Framework certification or Standard Contractual Clauses).

Third-party domains contacted (2)

  • www.smilevirtual.com
  • app.smilevirtual.com
Questions

Frequently asked questions about Smile Virtual

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Is Smile Virtual a virtual try-on tool?

No. Smile Virtual is a teledentistry platform: patients upload smile photos and a real dentist records a video consultation with treatment options. It is used by practices to turn website visitors into appointments.

Are smile photos health data under the GDPR?

They can be. Photos of teeth sent together with a description of dental concerns allow conclusions about a person's oral health, so they should be handled as health data under Article 9 GDPR, which requires explicit consent.

Where does Smile Virtual store patient data?

Smile Virtual Consult, LLC is a US company and its application is hosted on Amazon Web Services in the United States. A European practice must cover this transfer with an appropriate mechanism.

Does the Smile Virtual widget need cookie consent?

The consultation itself is a service the patient requests, but cookies or trackers that are not strictly necessary for it, such as analytics, need prior consent. Loading the widget only after the visitor clicks reduces the issue.

What should a dental practice put in its privacy notice?

Name Smile Virtual as a recipient, describe the data collected (photos, contact details, dental concerns), the US transfer, the retention period and how patients can withdraw consent or request deletion.

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