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Privacy Policy

Effective Date: November 3, 2021

1.       Introduction.

This Privacy Policy describes how For Eyes Optical Company of Coconut Grove, Inc. (“For Eyes”, “us”, “we”, or “our”) may collect, use, and share information about you through your interactions with our website at foreyes.com (“Website”), our mobile applications (if any) where this Privacy Policy is posted, or our other services such as prescription reminders, appointment scheduling, or electronic newsletters, or your interactions with and use of our optical retail locations (collectively, “Services”). By accessing, browsing, linking to, or otherwise using the Website or by using the Services, you are agreeing to be bound by this Policy and consent to the collection and use of information as set forth in this Policy. If you do not agree to be bound by this Policy, then you should not use the Services or access the Website.

To the extent that information collected through the Services is patient information (otherwise known as protected health information under HIPAA), this information is governed by our Notice of Privacy Practices and not this Privacy Policy. Please review the Notice of Privacy Practice carefully:

If you have questions about which policy applies to information you have provided, please do not hesitate to contact us using one of the means identified in Section 2 (How to Contact For Eyes).

We may change this Privacy Policy. The “Effective Date” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

2.       How to Contact For Eyes.

If you have any questions, comments, concerns, or wish to report a violation concerning this Privacy Policy, our Terms and Conditions of Use, our Notice of Privacy Practices, or any other terms, guidelines, or rules, or wish to exercise your California Privacy Rights, please contact For Eyes at the following:

Mail

For Eyes

Attn: Privacy Officer

For Eyes Optical Company of Coconut Grove, Inc.

3601 SW 160th Ave, Suite 400

Miramar, FL 33127

EMail

 

foreyescompliance@melniklegal.com

with copy to:

compliance@foreyes.com 

Subject: For Eyes Privacy Policy

Phone

1‐855‐888‐0719

 

You may not use the contact information provided for unauthorized purposes, including solicitations and marketing.

3.       Information We Collect, Use, and share.

3.1.       Personal Information.

 We collect information to deliver the products and services you request, to help improve your shopping experience, and to support our business functions. We collect Personal Information from you in a variety of ways when you use our Services. “Personal Information” is information that identifies you or could be used to identify you individually.

3.2.       Personal Information We Collect.

 We may collect, and have collected over the past 12 months, the following categories of Personal Information. Not all categories may be collected about every individual:

  1. Personal identifiers, such as name, address, telephone number, and email address.

  2. Government identifiers, such as national identification numbers and driver’s license numbers.

  3. Demographic information, such as age and date of birth.

  4. Health and vision insurance information, such as glasses prescription, medication allergies, and vision insurance identification numbers.

  5. Biometric information, such as imagery of the iris and retina.

  6. Financial information, such as credit and debit card numbers.

  7. Purchase history information, such as your last eye exam and products you have purchased.

  8. Characteristics of protected classifications under state or federal law, such as gender and nationality.

  9. Internet, application, and network activity, such as cookie IDs, browser visits, browser type, Internet service provider, device type, device platform, and device version.

  10. Location information, such as geo-location information.

  11. Audio, visual, and other sensory information, such as audio and video recordings.

  12. Employment information, such as occupation, title, licenses, and professional memberships.

  13. Background and criminal information, such as background checks and criminal convictions.

  14. Education information, such as degree and schooling information.

  15. Individual preferences, characteristics, and behavioral metrics, such as inferences related to shopping behaviors, patterns, and preferences.

3.3.       How We Collect Personal Information.

  1. We collect Personal Information directly from you when you share information with us or request Services from us. When you engage in these activities, you may share different types of Personal Information with us, such as your name, email address, physical or postal address, phone number, and payment information. For example, you share Personal Information when you:

    1. Make a purchase from our Website or our retail location;

    2. Request a service where we collect information such as a vision exam or appointment reminder;

    3. Create a Website account or use one of our online features, such as scheduling an appointment, registering to receive our newsletter, or submitting a product review;

    4. Request customer service or contact us by email, phone, or through our contact form on the Website;

    5. Report a problem with the Website or the Services to us;

    6. Post a rating, review, or other user-generated content on our Website; or

    7. Participate in a contest, sweepstake, promotion, or survey.

  2. We collect Personal Information indirectly from you through a device associated with you or your household. Some of this information may identify you or be linked to you personally. We use this information to help our Website work correctly, perform analytics (such as monitoring Website response time, determining popular glasses styles, and the like), and support our marketing efforts. For example:

    1. Browser or mobile device: We collect technical information when you visit our Website and other online Services. Certain information is automatically collected by most browsers or through your mobile device, such as your Internet Protocol (IP) address, a unique device identifier, computer type, screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, the address of referring websites, the path you take through our Website, and other information about your session on our Website.

    2. Cookies, web beacons, and similar technologies: We use third-party technologies such as cookies, web beacons, pixel tags, mobile device identifiers, HTML5 local storage, and similar technologies to collect information about the use of our Website and other online Services. These technologies help us provide better services to you, tell us which parts of our Website people visit, and allow us to better measure the usability of our features, tools, and other services. For example, web beacons tell us if an email was opened or if ad banners on our Website were effective. We treat information collected by cookies and other technologies as non-Personal Information. You have a variety of tools available to control cookies and similar technologies, including controls in your browser to block and delete cookies.

    3. Analytics tools and third-party services: We use our own and third‑party analytics tools and other third‑party services (such as Google AnalyticsTM service) to collect information about use of our Website and other Services. These tools and technologies may collect and analyze different types of information, including cookies, IP addresses, device identifiers, referring and exit URLs, Website behavior and usage information, feature use metrics and statistics, and other similar information. The third-party analytics companies who collect information on our Website or through our Services may combine the information collected with other information they have independently collected from other websites, mobile apps, and services relating to your activities across their network of websites, mobile products, and services. Many of these companies collect and use information under their own privacy policies. You may opt out of the Google® advertising cookies by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page.

    4. Location Information: We may collect information about your location when your device is set to provide location information or when you approve the sharing of your location through your browser. For example, your browser may share your location with us so that we can show you a list of For Eyes retail stores in your area. We may be able to recognize the location of a mobile device in our For Eyes retail stores where we provide customers free WiFi access.

  3. We may collect your Personal Information from technology we use in our For Eyes retail stores, such as our store cameras. We operate cameras in store for business operations and security purposes.

  4. We may collect your Personal Information from another entity within our corporate family of companies or an entity with whom we are co-branding a product or service.

  5. We may combine your Personal Information and non-Personal Information that we collected online and offline. For example, we may combine such information to calculate the percentage of our Website visitors that live in a particular state or evaluate the glasses designs that are most popular during particular seasons or in particular geographic areas.

3.4.       Why We Collect Personal Information.

 We collect Personal Information for one or more of the following purposes:

  1. To provide you the products and services you purchased, fulfill your requests, and create and maintain your online account. For example, we use your Personal Information to fulfill your request for glasses.

  2. To keep a record of your contact information and correspondence, and use it to respond to your inquiries and fulfill your requests. For example, we use your Personal Information to respond to an inquiry we receive from you through our contact form.

  3. To send administrative information, such as information regarding the Website, the Services, and changes to our terms, conditions, or policies. For example, we may email you with a notice that we have updated this Privacy Policy.

  4. To send non-administrative information, such as product or service announcements and marketing information related to the Services. For example, we may mail you a post card announcing a new For Eyes retail store opening near you or a new service being offered by your local For Eyes retail store.

  5. For our business and operational purposes, such as: (i) improving, modifying, monitoring, and performing the Website and the Services; (ii) fraud prevention, transaction auditing and monitoring, and protecting the security and integrity of our Website and our other Services; (iii) identifying usage trends and to help us personalize our Services and marketing to you; (iv) running our operations; and (v) expanding our service and business offerings.

  6. For any other purpose disclosed to you at the time we collect your information or pursuant to an authorization.

  7. As we believe to be necessary or appropriate (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce our Terms and Conditions of Use or other applicable contracts; (v) to protect our operations against security threats, fraud, malicious activity, and similar issues; (vi) to protect our rights, privacy, safety, or property, or that of you or others using the Website or Services; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.

3.5.       How We Share Personal Information.

  1. We may share, and have shared over the past 12 months, all of the categories of Personal Information that we collect, with other companies, including those within our corporate family, for a variety of business purposes. For example:

    1. Pursuant to the Notice of Privacy Practices: Some of the Personal Information we receive from you may be patient information (otherwise known as protected health information under HIPAA). When HIPAA applies to your use of our Website or other Services, we may share your information as described in the Notice of Privacy Practices (see Section 1 above).

    2. Vendors and Other Service Providers:  We share your Personal Information with our vendors and other service providers, who help with our business activities. For example, we may share your address without shipping vendors so that they can deliver your glasses, we may share your telephone number with our marketing vendors so that they can text you appointment reminders, and we may share your credit card information with the vendors we use to process payments so that your card can be billed for the products or services you purchased. Your Personal Information may be stored and processed by our vendors and service providers in the United States or other locations where For Eyes, our vendors, or our service providers maintain facilities or operations. The third-party analytics companies who collect information on our Website or through our Services may combine the information collected with other information they have independently collected from other websites, mobile apps, and services relating to your activities across their network of websites, mobile products, and services. Many of these companies collect and use information under their own privacy policies. You may opt out of the Google advertising cookies by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page.

    3. Co-Branded Products and Services: We may share your Personal Information with companies with whom we offer co-branded products or services. We may receive compensation from such co-branding activity.

    4. Legal Requirements and Protection of Our Company and Others: We may share your Personal Information as we believe to be necessary or appropriate (1) to comply with applicable law; (2) to comply with legal process; (3) to respond to requests from public and government authorities; (4) to enforce our Terms and Conditions of Use  or other applicable contracts; (5) to protect our operations and the operations of our vendors, service providers, and other business partners against security threats, fraud, malicious activity, and similar issues; (6) to protect the rights, privacy, safety, or property of For Eyes, our employees, vendors, service providers, and other business partners as well as others using the Website or Services; and (7) to allow us to pursue available remedies or limit the damages that we may sustain. For example, we may share information to address suspected crimes on For Eyes property or against the Website, investigate fraud, or protect the health and safety of other For Eyes customers.

    5. Business Transfers: We may share your Personal Information with a third party in the event of a joint venture or assignment or in the event that all or a part of our business is merged, reorganized, or sold, including transfers made as a part of insolvency or bankruptcy proceedings. In the event of a business transfer, we may sell your Personal Information for money, to the extent such sale is permitted by applicable law. For example, in the event of a bankruptcy, the bankruptcy trustee may, if permitted by applicable law, treat Personal Information as an asset that can be sold. Applicable law may permit you to opt out of any such sale and we (or a trustee) may be required by applicable law, such as the California Consumer Privacy Act or HIPAA, to obtain your consent prior to any such sale. We will share this Privacy Policy with any successor or other buyer, but, unless otherwise required by applicable law, the successor or buyer may choose not to follow this Privacy Policy. Except for the limited circumstances described in this paragraph, we do not sell your Personal Information to third parties for money.

    6. With Your Consent: In circumstances other than those described above, we will ask for your consent before we share your Personal Information outside of our corporate family of companies.

  2. We may share, and have over the past 12 months shared, your Personal Information with certain categories of third parties, as described in the table below. Some of our sharing may be limited by the Notice of Privacy Practices (see Section 1 above).

Category of Personal Information

Disclosed to:

(i)           Personal identifiers, such as name, address, telephone number, and email address.

-   Vendors and Other Service Providers, such marketing vendors

-   With your consent and third parties to whom you direct us to share your Personal Information, such as your insurance carrier

-   Co-Branded Products and Services

(ii)         Government identifiers, such as national identification numbers and driver’s license numbers.

-      Vendors and Other Service Providers, such as background check vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your insurance carrier

(iii)        Demographic information, such as age and date of birth.

-      Vendors and Other Service Providers, such as background check vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your optometrist in connection with verifying your prescription

-      Co-Branded Products and Services

(iv)        Health and vision insurance information, such as glasses prescription, medication allergies, and vision insurance identification numbers.

-      Vendors and Other Service Providers, such as your insurance carriers

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your insurance carrier

(v)         Biometric information, such as imagery of the iris and retina.

-      Vendors and Other Service Providers, such as our technology vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as an ophthalmologist

(vi)        Financial information, such as credit and debit card numbers.

-      Vendors and Other Service Providers, such as our merchant processors

-      With your consent and third parties to whom you direct us to share your Personal Information

(vii)       Purchase history information, such as your last eye exam and products you have purchased.

-      Vendors and Other Service Providers, such as our technology vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your family members

-      Co-Branded Products and Services

(viii)     Characteristics of protected classifications under state or federal law, such as gender and nationality.

-      Vendors and Other Service Providers, such as your insurance carriers

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your insurance carrier

-      Co-Branded Products and Services

(ix)        Internet, application, and network activity, such as cookie IDs, browser visits, browser type, Internet service provider, device type, device platform, and device version.

-      Vendors and Other Service Providers, such as our technology and marketing vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your browser or device when you request to find a store

-      Co-Branded Products and Services

(x)         Location information, such as geo-location information.

-      Vendors and Other Service Providers, such as our technology vendors in connection with your request to find a store

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your browser or device when you request to find a store

-      Co-Branded Products and Services

(xi)        Audio, visual, and other sensory information, such as audio and video recordings.

-      Vendors and Other Service Providers, such as our technology vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your family members

(xii)       Employment information, such as occupation, title, licenses, and professional memberships.

-      Vendors and Other Service Providers, such as background check vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as a licensing board

(xiii)     Background and criminal information, such as background checks and criminal convictions.

-      Vendors and Other Service Providers, such as our background screening vendor

(xiv)     Education information, such as degree and schooling information.

-      Vendors and Other Service Providers, such as background check vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as a licensing board

(xv)       Individual preferences, characteristics, and behavioral metrics, such as inferences related to shopping behaviors, patterns, and preferences

-      Vendors and Other Service Providers, such as our technology vendors

-      With your consent and third parties to whom you direct us to share your Personal Information, such as your family members

-      Co-Branded Products and Services

 

3.6.       Your Reviews.

 You may submit product reviews on the Website. When submitting a review, you will provide us with a Nickname, Summary, and Review, which will be posted on the Website when your review is posted. We treat this information as non‑Personal Information. We may use your Nickname, Summary, and Review, in whole or in part, in our marketing materials, post it on our social media pages, share it with our service providers and other vendors, and otherwise use it in any way that is legally permissible.

4.       Choices and Access.

4.1.       Your Account.

 To use certain aspects of the Services, you may be required to create a registered account through the Website (a “User Account”). For Eyes may allow you to change, edit, delete, or update certain elements of your Personal Information through your User Account by logging into the Website, and clicking on the “My Account” area of the Website.

4.2.       Choices.

 You have choices about the various ways we collect, use, and share your Personal Information.

  1. We may use your Personal Information for marketing purposes such as to provide you the newsletters to which you subscribed or to provide you details on upcoming events. You may opt-out of receiving these marketing messages by selecting the appropriate unsubscribe option included in the notice.
  2. Some of our Service may use your location and you can adjust the settings on your devices to decline such requests. For example, when you search for a retail location on the Website, your browser may ask whether it can share your location with our Website. You can decline the request.
  3. We use Google technologies on our Website and in connection with our other Services. You may opt out of the Google advertising cookies by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page.

4.3.       Limit on Opt-Out.

 Even if you opted out of receiving our marketing communications, we may still contact you for administrative, transactional, customer service, and other business purposes. For example, we may contact you to remind you of an appointment, contact you about recalled product, or to ask you questions about your order.

5.       Protecting Your Information.

5.1.       Our Obligations.

 For Eyes takes reasonable precautions to protect your information. Unfortunately, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your Personal Information transmitted to or through the Website or in connection with other Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. The email functionality on the Website does not provide a completely secure and confidential means of communication. As such, we cannot guarantee the privacy and security of information sent via email or through the use of our contact form. Please do not send protected health information or your financial information, such as your credit card information, through the contact form or via email. For Eyes will not be liable for any breach of confidentiality or privacy resulting from such use of email or contact form or for any information that is lost or misdirected due to technical errors or failures.

5.2.       Your Obligations.

 The safety and security of your information also depends on you. You must take reasonable measures to protect your information and your computer and mobile devices against unauthorized access, including, for example, by securing your computer and mobile devices, using anti-virus software, and implementing other appropriate safeguards. Where we have given you (or where you have chosen) a username and password (“Access Credentials”) to access your User Account, you are responsible for keeping your Access Credentials confidential. We ask that you not reuse passwords and not to share your Access Credentials with anyone. If you have reason to believe that your interaction with us has been compromised, please immediately notify us of the problem by contacting us as described in Section 2 (How to Contact For Eyes) above.

6.       Links to and from Other Websites.

This Privacy Policy applies only to information collected through the Website and the other Services. The Website and our other Services may contain links to other websites that are not owned or controlled by For Eyes. In addition, you may have linked to the Website from another website not owned or controlled by For Eyes. Please be aware that For Eyes is not responsible for and cannot control the privacy practices of such other websites. For example, we may ask that you connect with us on Facebook® or follow up on Twitter®. These companies have their own privacy policies. We encourage you to be mindful of when you leave the Website and to read the privacy policies of each and every website that collects your Personal Information.

7.       Do Not Track Requests.

Your browser or device may include a “Do Not Track” functionality. At this time, the Website does not recognize or respond to browser “Do Not Track” requests.

8.       Information of Minors and Children.

The Website does not target children, and For Eyes does not knowingly collect contact information from children under the age of 13. If you are under the age of 13, please do not email For Eyes, contact the Website, attempt to use the Services, submit information to the Website, or ask For Eyes to email you. If you are under the age of majority in your state, you should get permission from a parent or guardian before you email For Eyes, contact the Website, attempt to use the Services, submit information to the Website, or ask For Eyes to email you.

9.       Rights of California Residents.

9.1.       What is the CCPA? 

 The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their Personal Information, as described below. We will fulfill your requests to the extent required by applicable law.

9.2.       Specific Rights.

 If you are a California resident:

  1. You have the right to request that we disclose to you the Personal Information that we collect, use, disclose, and sell, as applicable, including:
    1. The categories of Personal Information we have collected about you;
    2. The categories of sources from which your Personal Information is collected;
    3. The business or commercial purpose for which we may collect or sell Personal Information;
    4. The categories of Personal Information we disclosed about you for a business purpose;
    5. The categories of third parties with whom we share Personal Information; and
    6. The specific pieces of Personal Information we have collected from you.
  2. You have the right to request that we delete any Personal Information about you that we have collected;
  3. In the event For Eyes sells your Personal Information, you have the right to opt-out of the sale of your Personal Information; and
  4. We may not discriminate against you because you exercise any of your rights under the CCPA.
  •  

9.3.       Exercising Your Rights.

How to Submit a Request

 California residents may exercise their rights under the CCPA, personally or through an authorized agent, by submitting a verifiable consumer request to us at the contact information listed in Section 2 (How to Contact For Eyes) above.

Contents of Your Request.

 To help For Eyes verify your request, your request must, at minimum:

  1. Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of such person; and
  2. Describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request.

Verifying Requests.

 Before responding to your request, For Eyes will evaluate and determine whether your request is verifiable. As part of the verification process, For Eyes may require you or your agent to provide evidence that matches the Personal Information about you that is maintained by For Eyes.

9.4.       Sale of Personal Information.

 For Eyes does not have actual knowledge that, within the context of the CCPA, For Eyes sells the Personal Information of any individual, including minors under 16 years of age.

9.5.       Your California Privacy Rights, Shine the Light.

 The following rights apply to California residents.

  1. We share Personal Information with others outside of For Eyes for direct marketing of their products only if we have your affirmative consent.
  2. We share Personal Information with other businesses within our corporate family, such as retail locations branded as JCPenney Optica (in Puerto Rico only) and For Eyes at Walgreens. You may ask us for more information about this sharing and whether it affects you by contacting us at the contact information listed in Section 2 (How to Contact For Eyes) above or by reviewing our Notice of Privacy Practices.

 

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