Privacy Policy

Your Privacy Rights

Effective Date: 3/9/2020

This Privacy Policy, describes the types of information gathered by Eye Lab Optician P.C., (“Eye Lab Opticians”, “us” or “we”) in the process of providing this website, services, information, tools, functionality, updates and similar materials (collectively, the “Services”), how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information you provide to us through the Services.

By using the Services, you hereby consent to allow us to process information in accordance with this Policy. Please also refer to our Terms of Service (“Terms of Service”), which are incorporated as if fully recited herein. Terms defined in the Terms of Service that are not defined herein shall have the same definition as in the Terms of Service.

This policy is subject to change. If our information retention or usage practices change, we will let you know by posting the Privacy Policy changes on the Services and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Privacy Policy means you accept such changes. Please refer to the “Effective Date” above to see when this Policy was last updated.

Territoriality

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE WEBSITE AND USING THE SERVICES, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

Information Collected

We collect two types of information about and from persons who use the Services: Personal Information and Non-Personal Information.

“Personal Information” is information that is personally identifiable to you, such as your name, address, email address or phone number, as well as other non-public information that is associated with the foregoing. Anything you publicly post or that is available publicly will not be considered Personal Information, and will be outside the restrictions of this policy. We also gather, store, and, only when necessary and permitted, transmit protected health information about you.

“Non-Personal Information” means information that is not associated with or linked to your Personal Information. We may create Non-Personal Information from (i) automatically gathered information or (ii) Personal Information by excluding information (such as name) that may make the information personally identifiable to you.

Personal Information Collected

We collect certain Personal Information about you or about those you identify, which may be supplied when you sign-up for the Services, interact with the Services, complete a survey, make a purchase, when you request services or otherwise when you submit such information. The information collected may include one or more of the following:

• Name;
• Address;
• Phone number;
• Images uploaded for purposes of calculating pupillary distance;
• Biometric and prescription information;
• Prescription information; and
• Email;

In addition, we may collect further information from you through social media platforms and other third-party providers.

Although the Service may appear to collect payment card information, we use a third-party payment provider for this services, and we do not directly collect your card information.

Non-Personal Information

Non-Personal Information is collected about you when you use the Services, including but not limited to enrollment history, the type of device you used and its operating system, the pages accessed most frequently, how pages are used, search terms entered, and similar data. If you can be identified from this information, for example by combination with other pieces of information, then we will treat this information as Personal Information.

Automatically tracking Internet Protocol (“IP”) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet. Further, the Services may utilize web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools.

Some of these cookies and tools may be third-party storage technologies provided by associates such as Facebook or Google, including the Remarketing advertising features provided by those third parties.

Although it may be possible to turn off the collection of cookies through your device, that may interfere with your use of the Services. You may opt-out of Google cookies by proceeding to https://tools.google.com/dlpage/gaoptout/. Opting out of cookies for Facebook is available through your account ad settings and the Digital Advertising Alliance, http://optout.aboutads.info/?c=2&lang=EN.

Use of Information

Internal Use of Information by Us

We accept and gather Personal Information and Non-Personal Information in an effort to provide the Services to you and to provide to you products that you may purchase. We may also use this information to help us develop and improve our products and Services, fulfill your requests, send materials to you, inform you about our offers and those of others, tailor our products and Services to meet our customers’ interests, and for other purposes permitted by law.

We may use Non-Personal Information for any business purpose.

Sharing Collected Information

We may share Personal Information and Non-Personal Information with our business associates, consultants, service providers, advisors and affiliates in order for them to provide services to us, to you, and to enable us to provide the products and Services. For example, our host and internet service provider may have access to this information.

We may use your information and disclose your information to third parties for marketing purposes, which may include use of such information by third parties for online behavioral advertising. You may find out more about online behavioral advertising here: http://www.aboutads.info/consumers or https://www.youronlinechoices.eu/. The information disclosed may include your personal data including: unique IDs collected from web browsers and mobile devices, IP addresses or online behavior and interest data, transaction history and related information, first and last name, full address and/or zip code, email address, and telephone number. We will not disclose sensitive personal information including your: prescription information, images uploaded to calculate pupillary distance, Biometric Information, government identifiers (such as Social Security numbers or tax ID numbers), driver’s license numbers, account numbers, financial identifiers (such as credit or debit card numbers), passwords or PINs, answers to security questions, nonpublic personal information, protected health information or similar information, to the extent that such information is collected on the Services. .

Further, we may disclose collected information, including Personal Information and Non-Personal Information, to the extent we believe it necessary to comply with the law, such as in response to a subpoena or court order, to defend a legal claim or establish or protect our legal rights or otherwise as permitted by applicable law. We may disclose any information in our possession in the event that we believe it necessary or appropriate to prevent criminal or illegal activity, personal injury, property damage or bodily harm.

Additionally, we may transfer your information to a successor in interest, which may include but may not be limited to a third-party in the event of an acquisition, sale, asset sale, merger or bankruptcy. The policies applicable to your information thereafter may be determined by the transferee.

Biometric Information

Facial geometry information from users that upload a photo for purposes of calculation pupillary distance (“Biometric Information”). Biometric Information is collected solely for the purposes of analyzing the facial geometry of a user to calculate pupillary distance as required to fulfill that user’s current and future orders. Biometric Information will be disclosed solely for the purposes described herein, which shall include order processing and fulfillment. Biometric Information will be transmitted solely for the purposes described herein, which shall include transmissions for order processing and fulfillment and electronic storage purposes.

Biometric Information for a user will be retained solely to facilitate the purposes described herein with respect to such user, and will be deleted upon the earliest of (i) upon the expiration, cancellation or termination of such user’s account; (ii) immediately after the purpose for capturing the Biometric Information has expired; and (iii) three (3) years from the date of the last interaction that such user has with us.

If you are a user, you consent to our collection, capture, storage, transmission and analysis of Biometric Information as described herein, and release us from any claims that may arise regarding the use of your Biometric Information.

Links

The Services may contain links to other websites. We are not responsible for the privacy practices of such other sites. When you leave our Service to visit another website or application, please read the privacy statements of websites that may collect personally identifiable information. This Privacy Policy applies solely to information collected by us through the Services.

Security

We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure.

Regardless of the precautions we take, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, we cannot ensure or warrant the security of any information you transmit to us.

E-Mail and Electronic Newsletters

We may offer electronic newsletters and e-mails concerning available properties, as well as new products and services, or may provide other marketing materials as a service to our users. Users may receive newsletters and e-mails concerning promotions and marketing of ours or of our business partners, after registering with the Services or after engaging with us in person or through our representatives.

If you have received a message from us, and you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each electronic newsletter and e-mail.

Please note that you may be required to separately opt-out of or otherwise respond to any e-mails sent by our business associates.

Do Not Track

At present, the Services do not specifically respond to browser do-not-track signals.

Children and Privacy

We do not knowingly permit users to register for or use our Services if they are under 18 years old, and therefore do not request personal information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If we become aware that a user is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

However, the Services may collect images of children under the age of 13 for purposes of calculating pupillary distance as required to fulfill an order (a “PD Image”), from parents or guardians that upload such images to the Services. PD Images are utilized solely for the purposes of calculating pupillary distance as required to fulfill a user’s order. No other personal information about children is collected by the Services. By uploading a PD Image and submitting an order, you consent to the collection of any PD Image in accordance with our Privacy Policy. You represent and warrant that you are the parent or guardian of any child that is the subject of a PD Image that you upload to the Services.