Notice to Residents of Member States in the European Union
Notice To California Residents – Your California Privacy Rights:
Any request for a disclosure required under this California law should be sent to us at the email or postal address specified in Section 10 (Contact Us) below. Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
1. WHAT INFORMATION WE MAY COLLECT
1.1 Personal Information: This refers to your personally identifiable information, including first and last name, telephone number, email address, mailing address, date/year of birth, and credit card or other payment account information. Many areas of the Site do not require registration and may be accessed by you without having to disclose any Personal Information. However, to the extent you voluntarily provide your Personal Information to us, we collect such information. For example, we collect Personal Information from you: (i) when you create an account on the Site; (ii) when you sign up for a promotion or event offered on the Site (each, a “Promotion/Event”); (iii) when you join our electronic mailing list; (iv) when you place an order or make a purchase on the Site (in such event, you will need to provide your credit card or other payment account information (“Payment Account Information”) in order to process and fulfill your order or purchase); and/or (iv) when you submit a request or inquiry to us; each of the foregoing is referred to hereinafter as a “Transaction or Request.” Whether or not to disclose Personal Information is completely your choice. However, without your information, we will not be able to process your Transaction or Request.
NOTE: You must be at least 18 years old to create an account, to sign up for a Promotion/Event, or to place an order or make a purchase on the Site.
1.2 Aggregate and Anonymous Information: This refers to any information that does not identify you individually. For example, we may collect anonymous group data (demographics, media habits, interests and preferences, etc.) about our users and audiences. We also collect aggregate traffic data pertaining to the Site, such as: total page views in a given time period; total impressions per ad; average amount of time that visitors spend on the site each time they visit; average amount of time that visitors spend on each page of the site; percentage of visitors from a certain geographical area, etc. Moreover, we may combine user activity information (as described in Section 1.3 below) about you and other users of the Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users and audiences as a group. In addition, we may take Personal Information and make it non-personally identifiable, such as by aggregating your information with information about other users, or by removing personally identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.
To the extent we use user activity information in a manner that identifies a specific user individually (e.g., if we link or associate such information with name or address), it will be treated as “Personal Information.” Otherwise, user activity information will be treated as “Aggregate and Anonymous Information.”
2. HOW WE MAY USE THIS INFORMATION
As a general matter, we use information collected from and/or about Users to improve the Site, to administer and maintain operations of the Site, and to administer and manage transactions and relationships with Users.
2.2 For Marketing Purposes: Eyechic may use your information (except for Payment Account Information) to offer, market and advertise to you, on the Site and/or via email, postal mail, etc., products, services, and/or Promotions/Events that may be of interest to you, including those from corporate affiliates of Eyechic. Also, if you elect to opt in (whether on the Site or otherwise) to receiving marketing information or communications directly from third parties, Eyechic may share your information with third parties pursuant to your opt-in election.
NOTE: Eyechic will not knowingly sell or make any of your Personal Information available to non-affiliated third parties for their direct marketing uses, unless you have opted in (whether on the Site or otherwise) to receiving marketing communications directly from such third parties.
2.3 Sharing with Service Providers: We may share your information (including Payment Account Information, if applicable) with third-party service providers and vendors (collectively “Service Providers”) who need to access your information in order to perform necessary services for us or the Site, including data processing and storage, data security, hosting, maintenance and technical support for the Site, and purchase and payment processing, order fulfillment, and other e-commerce related functions. We require that our Service Providers limit their use of User personal information solely to the purposes for which it was disclosed by us, and that they maintain the confidentiality, security and integrity of such information and not make any further disclosure to others.
3. YOUR CHOICES
3.1 Information Access: If you have an account on the Site, you may update and correct your account information by logging into your account, or by contacting us at the email or postal address specified in Section 10 (Contact Us) below.
3.2 Account Cancellation: If you wish to cancel your account on the Site or delete your personal information previously provided to us, you may send your request to us at the email or postal address specified in Section 10 (Contact Us) below. However, you acknowledge that we reserve the right to retain your information if doing so is required by law or to comply with legal process (including a court order or subpoena) or a legitimate law enforcement need.
3.3 Opt Out: To opt out of receiving marketing communications via email or postal mail from us, please send your request to the email or postal address specified in Section 10 (Contact Us) below. For marketing emails, you can also use the opt-out means (e.g., an “unsubscribe” link) provided in marketing emails that you have previously received. NOTE: To opt out of receiving marketing communications from Eyechics, you must make separate request to Eyechic. Your opt-out election, once processed by us, will stop on a going –forward basis, the activity that is the subject of your opt-out. We will endeavor to honor your request no later than 10 business days after receipt (or within such other applicable time period as required by law).
We use commercially reasonable measures to safeguard Personal Information that you have shared with us, but absolute security cannot be guaranteed. It is important for you to protect against unauthorized access to your account access information and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe. We will endeavor to notify you in the event we become aware of a breach or suspected breach of the security of your Personal Information stored by or for us. However, we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. We retain your Personal Information for as long as your account is active or as needed to provide you with products or services, and as necessary to comply with our legal obligations, resolve disputes and enforce our applicable agreement with you. We may retain your Personal Information indefinitely.
5. COOKIES AND SIMILAR DEVICES
5.2 Other Tracking Devices: The Site may use other industry standard technologies like pixel tags and web beacons to track your use of the Site, or we may allow our Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on the Site, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a non-personally identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the Site, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by others for the same purposes.
5.4 Third Party Functionalities: The Site contains links to and/or enables certain third-party functionalities to enhance your experience on the Site, including social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Site, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
If you wish to disable cookies selectively or entirely (see Section 5.6 below about Flash cookies or similar technologies), you may do so through your individual browser options or using special software. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective web sites. Alternatively you can use the guide at www.aboutcookies.org/Default.aspx?page=1.
More information on the DoubleClick DART cookie that is used by Google in the ads served on publisher websites displaying AdSense for content ads can be found atwww.doubleclick.com/privacy/faq.aspx.
5.6 Flash Cookies: The Site and/or third-party advertisers on the Site may use “Flash cookies” or similar technology for tracking purposes, saving preferences or when serving and managing ads on the Site. To learn more about what a “Flash cookie” (also known as “local shared object” or “LSO”) is and does, please visit:
You should know that Flash cookies cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out, or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit:
6. LINKS TO THIRD-PARTY WEBSITES
7. PROTECTING CHILDREN
The Site is not designed or intended for anyone under the age of 13, and we do not knowingly collect personal information from anyone under 13 on the Site. Children under the age of 13 will not be permitted to register otherwise interact with us on the Site. If we discover that any registration or transaction is made by an underage child, such registration or transaction will be immediately and permanently canceled and removed from the Site, with or without notice. We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.
8. INTERNATIONAL USER NOTICE
10. CONTACT US
11. EFFECTIVE DATE