Eyeconic Privacy Statement

Personal Information We Collect

“Personal information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device. Personal information does not include publicly available information from government records, or de-identified consumer information.

Categories Of Personal Information We Collect

Within the last twelve (12) months we may have collected or obtained the following categories of personal information from consumers:

Identifiers – Your name, alias, postal address, Internet Protocol (IP) address, email address, or the last four numbers of your Social Security Number.

Commercial Information - Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or Other Electronic Network Activity – When you visit our Website, we may collect information about your browsing history, your search history on our Website, your Internet Protocol (IP) address, and information regarding your interaction with our Website or an advertisement.

Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information – We may store photographs that you upload to our Website as part of a review, testimonial, or rating that you post on our Website. We may store the photograph(s) that you submit in accordance with our data retention policy, or until you tell us to delete them.

Personal Information Categories Listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)) - Name, Social Security number (SSN), address, telephone number, payment information such as a credit card or debit card number (which is encrypted, in order to process your payment, or when you choose to store your payment information if you have an online account with us), medical information such as your glasses or contacts prescription information, or health/vision insurance information. Please note that to the extent medical information, health insurance, and vision insurance information is considered PHI under HIPAA, it is governed by our Notice of Privacy Practices.

Protected Classification Characteristics Under California or Federal Law - Age, marital status, or gender.

Inferences Drawn from the Information That You Provide to Us or That We Collect About You – We may use the information we collect about you or that you provide to us to create a profile about you reflecting your preferences, characteristics, or behavior on our Website.

Automated data collection via Cookies and related technologies – Eyeconic and our third-party partners, such as advertising partners and analytics providers, use cookies and similar tools on our Website to improve performance and enhance your user experience. We use browser session cookies, which are temporary cookies that are erased from your device’s memory when you close your Internet browser or turn your computer off, and persistent cookies, which are stored on your device until they expire, unless you delete them before that time. We may also use web beacons (i.e., tracking pixels) or other similar files for the same purposes. We use the term “cookies” in this Privacy Statement to refer to cookies and similar technologies that collect information in this way.

Cookies may collect personal identifiers (such as your IP address) and Internet or other electronic network activity information, including information about your device (such as your browser characteristics, device IDs and characteristics, and operating system version) and information concerning your usage of our Website (including the link you used to reach a given webpage). We use this information to determine how many users have visited particular webpages, viewed particular videos, or opened messages or alerts, and we may also use such information to improve the performance of the Website, to improve our marketing activities, and to enforce our Website service terms and prevent malicious conduct.

In some cases, we permit our third-party partners to process personal information collected by cookies and similar technologies used on our Websites. You can manage your cookie preferences by clicking on the “Your Cookie Choices” button on our Website homepage.

HOW WE USE YOUR PERSONAL INFORMATION

We use the personal information we collect from you for the following purposes:

• To respond to your questions or provide you with the information you request when you complete the “Contact Us” and registration forms on the Website, including to investigate and address your concerns and monitor and improve our responses and customer service activities. We may use your personal information, which may include your name, email address, company where you work, phone number, job function, job title, country, and any comments you provide.
• To process comments and feedback regarding the Website or the Services, for example, when you choose to participate in a survey, leave feedback, or otherwise connect with us via email, phone, or chat.
• To sign you up for a newsletter, create an account, or register.
• To maintain, customize, and secure your account with us.
• To sign you sign up for a promotion code.
• To post reviews on our Website.  If you choose to write a review, you may upload a photograph of yourself wearing our glasses which we may retain until such time as you tell us to delete or remove the photograph.
• To fulfill your orders, if you purchase Services on our Website, such as by providing you with the Services you requested, processing your payment, and facilitating delivery. We may also save your information to facilitate new orders for Services or process returns. Please note that we communicate your encrypted credit card details to a third-party payment processor, and we do not store any credit card information unless you choose to store it as part of your online account. All stored payment information is encrypted.
• To process your requests, purchases, transactions, and payments; to confirm and communicate with you about appointments, Services; and to prevent transactional fraud.
• To provide you or a recipient with a gift card. When you purchase a gift card, we receive the recipient’s name and email address. The gift card buyer must have the recipient’s permission to provide us with the recipient’s contact details so that we may deliver the gift card.
• To help maintain the safety, security, and integrity of our Website, Services, databases and other technology assets, and our business, and to troubleshoot technical concerns.
• To develop our Website and Services.
• For testing, research, analysis, and product development, including to develop and improve our Website and Services.
• To comply with applicable laws, regulations, and rules and respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To enforce our Terms of Service and protect the rights, property, or safety of Vision Service Plan and its group companies, our users, and others.
• To provide the Virtual Try-On service.
• To personalize your Website experience and to deliver content and Services offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, via mail, and via email or text message (with your consent, where required by law).

Sources Of Personal Information

We obtain all of the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms or data entry fields you complete on our Website and Services you purchase.
• Automatically from you. For example, from observing your actions on our Website using cookies and related technologies.
• From third-party service providers. For example, we obtain demographic data from a third-party service provider to use for marketing analytics to provide you with information about Services we think would benefit you.

To Whom We Disclose Your Personal Information

We may disclose the personal information we collect about you or that you provide to us for one or more of the following business purposes:

• Service Providers. We may share your information with service providers that we believe need the information to perform a technology, business, or other professional function for us such as billing and collection, IT services, maintenance and hosting of our Services, payment processors, marketing partners, accounting, auditing, and tax services, and other professional services. These companies are authorized to use your personal information only as necessary to provide their services.
• Analytics Partners. We partner with analytics providers, who collect information via tracking technologies on our Website to assist us with measuring visits and traffic on our Website so we can measure and improve the performance of the Website.
• Advertising Partners. We partner with third parties who assist us in serving advertising regarding the Services to others who may be interested in the Services, or who use cookies to display interest-based advertising to you on the Services. These third parties may use tracking technologies to collect or receive information from the Services and elsewhere on the internet and use that information to provide measurement services and target ads. Third parties may allow other companies to access information about you so that they may market other products you may be interested in.
• Social Media Platforms. If you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Services (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform.
• Affiliates. We share information with other entities in our corporate family, for purposes consistent with this Privacy Statement.
• Corporate Event. We may disclose your personal information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
• Virtual Try-On Tool. Our Virtual Try-On Tool is provided by Fittingbox. If you use the Virtual Try-On Tool, the tool will collect and use your image and data to create a photographic image of your face that enables you to view a rendering of yourself wearing certain frames available on Eyeconic.com. Fittingbox does not use this information for any other purpose. Any information you provide, as based on your consent, is subject to Fittingbox’s privacy policy located here: https://www.fittingbox.com/en/terms-of-use-fittingbox-website#privacy-policy.
• Contest Sponsors. We may sponsor or host contests or drawings from time to time. Some contests may be offered in conjunction with a third party sponsor and Website users will be notified at the time of the contest as to whether a third party sponsor is involved and whether the third party will be receiving the user’s personal information to send promotional communications. The Website user can then choose whether to enter the contest or not at that time based on the terms and conditions associated with that particular contest.
• Eye Care Providers. We may verify your prescription information provided with your order with your doctor or eye-care provider as required by federal law. For more information about how we use and disclose this type of information which is PHI, please see our Notice of Privacy Practices.
• Other purposes described to you when collecting your personal information.

Do-not-sell and do-not-share disclosure and opt-out rights. Except as reflected in connection with our cookie disclosures, we do not sell your personal information for money or other consideration, and we also do not share “your personal information” for cross-context behavioral or targeted advertising. To opt-out of “such selling” or “sharing” (consistent with applicable law) in connection with cookies and similar technologies, please use the “Do Not Sell or Share My Personal Information” link on our Website homepage.

Data Transfers

The Services are only intended for the United States market. If you provide us with your personal information, you understand that your information may be stored in the United States or other countries that may not or do not provide the same level of protection as the EU. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside and acknowledge that the protection of such information may be different than required under the laws of their residence or location.

Security

We have implemented physical, electronic, and administrative procedures to help safeguard and prevent unauthorized access, maintain data security, and correctly use the information we collect online. Please note that there is risk involved in using the internet. We therefore recommend that you use every precaution to protect your information when using the internet to access the Website and Services.

Please note that the email and chat functionality provided by the Website, as well as messages you send to us by text and/or unencrypted email, are not a secure or confidential means of communication. It is possible that your email, text, or chat communication may be accessed or viewed by another internet user while in transit to us. We strongly advise you not to include personal information in an email, text, or chat or when leaving your feedback. If you wish to keep your communication private, please contact Eyeconic by phone (1-855-EYECONIC (855-393-2664)) and do not use the email, text, or chat functionality.

Children's Privacy – Not For Use By Children Under 16

Our Website and Services are not directed to children under the age of 16, and we do not knowingly collect or permit children under the age of 16 to provide their personal information on our Website for any purpose. If a person under age 16 submits information to us through any part of our Website, and we know that the person submitting information is under age 16, we will not use it for any purpose. We will delete the information as soon as we discover it, and we will not disclose it to third parties. If you are under the age of 16, please stop using our Website and its Services.

Third Party Websites

Our Website may include links to other websites whose privacy practices may differ from ours. If you submit personal information to any of those websites, your personal information is governed by their privacy policies. Please be aware that we do not endorse and are not responsible for the privacy practices of such other websites, and the Privacy Statement presented here does not apply to such third-party websites. We encourage you to carefully read the privacy policy of any website you visit.

On occasion, we partner with third parties to deliver complementary or supplemental services to you. In those circumstances, we will make it very clear to you that the third-party channel partner is the entity collecting your information and not Eyeconic, and you will have a choice whether to provide information to them. As such, any data you provide to them would be subject to their privacy and security practices and Eyeconic will not be responsible for the information you provide to them or their privacy and security practices.

Communications Opt-Out

You are not required to provide consent to marketing communications and are entitled to withdraw your consent at any time.

You may opt out of receiving materials or other communications from us by following the opt-out link or other unsubscribe instructions provided in any email received, or by sending an email request to info@eyeconic.com. You may also be able to customize the communications you receive from us through preferences in your user account if you have registered for such an account. If you do business with us, you may not opt out of automated notifications based on business transactions.

To stop receiving text messages, text “STOP” and for help, text “HELP”. Message and data rates may apply.

Testimonials

We display personal testimonials of satisfied customers on our Website in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you may contact us at info@eyeconic.com.

Retention Of Personal Information

Unless you direct us otherwise, we will keep personal information about you for as long as we provide our Services to you, or as long as we are addressing a concern, question, complaint, or request you have made to us, as applicable to our interactions with you. If we have a contract or other agreement with you, we will follow the retention obligations of that agreement.

We may keep personal information for a longer period if we have a legal obligation to keep it or to maintain necessary records for legal, financial, compliance, or other reporting obligations, and to enforce our rights and agreements. We also may keep personal information about you for statistical analysis or research purposes.

Changes To This Privacy Statement

Eyeconic may change this Privacy Statement from time to time, and the revised version will be effective as of the updated “Effective Date” at the top of this Privacy Statement and will apply to personal information received after that date. If we make any material changes, we will provide notice of such changes either by notifying you of the changes by mail or email or by updating this page. Your continued use of the Website or Services following the posting of a revised Privacy Statement means that you accept and agree to the changes.

Contact Us

For questions about this Privacy Statement or your privacy, contact us at 1-855-EYECONIC (1-855-393-2664) or info@eyeconic.com. Our hours are Monday to Friday, 7:00 a.m. to 5:00 p.m. PT.

Supplemental Notice To California, Colorado, Connecticut, Montana, Texas, Oregon, Utah, And Virginia Residents

The laws of certain U.S. states provide their residents with certain rights to access, delete, and correct certain personal information we collect about you, as well as to restrict the use of personal information for personalized advertising, restrict the “sale” of personal information, and control our use of personal information considered sensitive. We will not discriminate against you for exercising these options. This Supplemental Notice to California, Colorado, Connecticut, Montana, Texas, Oregon, Utah, and Virginia Residents applies only to personal information of consumers who are California, Colorado, Connecticut, Montana, Texas, Oregon, Utah, or Virginia residents, or consumers who live in another state with a comprehensive privacy law. IMPORTANT: As of January 1, 2025, residents of Delaware, Iowa, Nebraska, New Hampshire, and New Jersey will also fall into this category.

Please note, these state laws do not govern protected health information (PHI). For information on your rights under HIPAA, please see our Notice of Privacy Practices.

Right to Know and Request Access to, Correction of, and Deletion of Personal Information

You have the right to request access to personal information collected about you in a portable format and to receive information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request we correct inaccurate personal information and to request, in certain circumstances, that we delete any that we have collected directly from you.

Right to Opt Out of Personalized Advertising and Sale to Third Parties

You have the right to opt out of the use and disclosure of your personal information for the purposes of selecting or delivering advertising based on your activity over time and across different online platforms. You also have the right to opt out of certain disclosures that are considered “sales” under applicable state laws by clicking on the “Do Not Sell or Share My Personal Information” link on our Website homepage.

We do not sell or share personal information, as those terms are used under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and similar state laws, except as set forth in our cookie disclosures. Please see our Cookie Policy for information about the collection and use of personal information by third parties who process information collected by cookies and similar technologies on our Website. You can manage your cookie preferences by clicking on the “Your Cookie Choices” button on our Website homepage.

Right to Limit Use of Sensitive Personal Information

You have the right to request that we limit use of your sensitive personal information to certain purposes allowed by law. Except for information collection and processing as described previously, we do not collect any “sensitive personal information” as defined by state comprehensive privacy laws.

Right to Opt Out of Automated Decision-making

Residents of Colorado, Connecticut, Montana, Texas, Oregon, and Virginia have the right to opt-out of automated processing in certain instances where such processing would produce legal or other similarly significant effects.

Right to Information Regarding Participation in Data Sharing for Financial Incentives

We may offer rewards, discounts, or other benefits to consumers enrolled in certain promotional or loyalty programs, such as a percentage off your next purchase when you sign up for our email promotions. Consumers can opt-out of individual programs in their account settings or by contacting us as indicated above. You may also submit a request that we delete your personal information as described in this Privacy Statement.

Eyeconic does not generally assign monetary or other value to consumers’ personal information, and our promotions activity changes continually. To the extent California law requires that a value be assigned to such programs, or the price or service differences they involve, Eyeconic values them as being equal to the value of the discounts or other financial incentives provided in each such program. Such calculation is based upon a practical and good-faith effort to assess, on an aggregate basis for all collected information: (1) the data elements collected (e.g., email address), (2) the use of such information by Eyeconic in connection with its marketing activities, (3) the range of discounts provided (which can depend on each consumer’s purchases under such offers), (4) the number of consumers enrolled in respective programs, and (5) the product or service to which the benefits (such as price difference) applies. These values can change over time.

Right to Request Further Review

If you are a resident of Colorado, Connecticut, Montana, Texas, Oregon, or Virginia: if we deny your request, you have the right to appeal our decision. As of January 1, 2025, residents of Delaware, Iowa, Nebraska, New Hampshire, and New Jersey also have the right to appeal. You can request further review by emailing us at info@eyeconic.com or calling 1-855-393-2664.

California Shine the Light

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties for those third parties’ own direct marketing purposes. If you are a California resident, you may opt-out of such sharing by emailing us at info@eyeconic.com or mailing a written request to 3333 Quality Dr., Rancho Cordova CA 95670, Attn: Eyeconic Chief Privacy Officer.

Exercising Your Rights

Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child.

Please be aware that we cannot respond to your request or the request of your authorized agent if we cannot verify your identity or your agent’s authority to make the request, or if we are not able to confirm that the personal information relates to you. We will only use the information you provide us in your request to verify your identity or your agent’s authority to make the request.

Consumers may use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the consumer’s written permission (for example, a power of attorney) that demonstrates authorization to submit a request for the consumer. An authorized agent must follow the process described below to make a request, and we will also (a) require the authorized agent to verify the agent’s own identity and (b) confirm the agent’s authority with the consumer about whom the request was made.

The request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, or an authorized representative. In order to process and verify your request, we may ask you to provide personal identifiers we can match against information we may have collected from you previously and confirm your request using the email account stated in the request.
• Describe your request with sufficient detail that allows us to understand, evaluate, and respond to it.

Making a request does not require you to create an account with us. Consumers can exercise any of the rights as described in this Supplemental Notice section of the Privacy Statement by emailing us at info@eyeconic.com or by calling 1-855-393-2664. In most cases, you will be required to provide your name and email address so that we can verify your request, and in some cases additional information may be required. Except as described in this Privacy Statement or provided for under applicable privacy laws, there is no charge for a consumer to exercise their legal rights unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We will endeavor to respond to your Consumer rights request within forty-five (45) days of receipt of the request. If we require more time, we will inform you of the reason and extension period in writing, not to exceed an additional forty-five (45) days. We will deliver our written response either by mail or electronically, at your option. If we have a reason under the law not to comply with your request, or to comply with it in a more limited way than you anticipated, we will explain that to you in our response.

To opt out of certain disclosures that are considered “sales” under applicable state laws, please click on the “Do Not Sell or Share My Personal Information” link on our Website homepage.