Last Updated: October 27, 2023.
EYEWIZ 2020 SA CORP (the “Company”, “our”, “we” or “us”), provides its customers and potential customers (“Customer”, “you” or “your”) with this ecommerce website (“Website”), through which we provide personally tailored offers for eyecare and eyewear products and associated services (“Services”).
This Privacy Policy (“Privacy Policy”), including the Cookie Policy, forms an integral part of our Terms of Use.
As we are committed to protecting your rights to privacy, this Privacy Policy further explains how we safeguard your information we collect or to which we may have access, through your use of our Website, the Services or otherwise through marketing campaigns, how such information may be used or shared with others, and how you may exercise your rights related to your Personal Information, as required under applicable laws.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE ACCESSING AND USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICES.
We reserve the right to amend this Privacy Policy from time to time, at our sole discretion. The most recent version of this Privacy Policy will always be posted on the Website and the update date will be reflected in the “Last Updated” heading. We will provide notice if these changes are material, and, where required by applicable law, we will obtain your consent for such changes. Any amendments to the Privacy Policy will become effective immediately, unless we notify otherwise.
You are not required to provide us with any Personal Information. However, depending on the Service used, certain features will require processing of Personal Information, or otherwise Sensitive Information.
“Personal Information”: is individually identifiable information, namely information that identifies an individual or may, with reasonable efforts or together with additional information we have access to, enable the identification of an individual, where identification of an individual also includes the association of such individual with a persistent identifier such as a name, an identification number, persistent cookie identifier, etc.
“Non-Personal Information”: is information that does not personally identify an individual and includes technical information such as the type of device, time stamp, or any Personal Information that has been anonymized or aggregated, provided that such information can no longer be used to identify a specific natural person. For the avoidance of doubt, any Non-Personal Information connected or linked to Personal Information shall be deemed as Personal Information if such connection or linkage exists and identifies a natural person.
“Personal Health Information” or “PHI”: means any information which relates to eyeglasses, prescription, or the provision of eye care services, identified with an individual who is the subject of such eye care services and considered under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as Personal Health Information (“PHI”). The Website are in essence, a consumer e-commerce platform, which are not subject to HIPAA, however, we take the confidentiality of your PHI very seriously therefore we choose to adopt the strict HIPAA Rules in maintaining the PHI as further detailed in the Notice of Privacy Practice.
We may also use or disclose to third parties, aggregated, or de-identified information (“De-identified Data”) and we do not limit our third-party providers from using, selling, licensing, distributing, or disclosing de-identified data.
The explanation below details the types of information we collect, access, share or use, and the purpose for processing such information:
Contact Communications:
Checkout and Account Registration:
Payment:
Usage Data:
Advertising and Marketing:
Further, we use your online behavioral information in order to market our Website and Services – send you an email to remined you that you have not completed your order of items you have added to your cart, build a profile on you in order to present you offers which are tailor made to your preference, provide you with offers which we believe you might be interested according to an offer you have redeemed previously, etc.
To the extent we’re permitted to do so under applicable law, to display or send to you marketing and advertising material and general and personalized content and to track and analyze the effectiveness and relevance of such material.
We may ask for your consent to send you our marketing offers and communications.
Analytic Information and Tracking:
Review and Feedback:
Social Media Interaction:
Newsletter Registration:
Mobile Marketing Services:
Please know that, even if you opted out of receiving text messages from us, we may still contact you for transactional or informational purposes (e.g., customer service, product information, etc.).
Device Information and Permissions:
To access these App Permissions, you will need to actively and explicitly enable them through in-app permission or the mobile settings, you can disable the App Permissions at any time, however note, depending on the App Permission you disable a feature, or all features might not properly operate.
Please note that the actual processing operation per each purpose of use detailed in the explanation above may differ. Such processing operation usually includes a set of operations made by automated means, such as collection, storage, use, disclosure by transmission, erasure, or destruction.
In addition, we may use certain Personal Information to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts, and any other misuse of our services and to enforce our terms of use and other policies, as well as to protect the security or integrity of our databases and Website, and to take precautions against legal liability.
Purposes:
To provide the ability to “virtually” try-on certain frames available on the Website, we use a virtual try-on tool (“VTO Tool”). The Company, may collect or use facial image data, which may potentially be considered of a biometric nature, even though not used for identification purposes (“VTO Input Data”), for the purposes of facilitating your use of the VTO Tool, including providing you with the virtual try-on experience and customized information, as well as for improving our Website and services, including our eyewear prediction and recommendations model including, but not limited to, the following:
Any VTO Input Data that is collected, stored, or used will be used solely for these purposes. In the event the Company begins collecting VTO Input Data for any additional purpose, we will update this Policy.
Disclosure
EYEWIZ 2020 SA CORP will not disclose, re-disclose, or disseminate any VTO Input Data to any third party without or unless:
Retention/Destruction
Any VTO Input Data collected shall be permanently destroyed within one year after the date such data is collected. Your photographs uploaded through use of the VTO Tool may be stored for your convenience or your future use of the VTO Tool if you created an Account or used associated email messages to transmit your photographs electronically. Such photographs will be permanently destroyed within one year after the date, such photographs are initially stored. You may also delete your uploaded photographs from your account at any time. We do not collect any VTO Input Data or other data that may be considered of a biometric nature under applicable laws from your uploaded photographs and does not use your uploaded photographs for identification purposes.
Security
We use reasonable standard of care to store, transmit, and protect from disclosure any VTO Input Data collected as further detailed in the Information Security Section 8 below. Such storage, transmission, and protection from disclosure is performed in a manner that is not less onerous than the way we store, transmit and protect from disclosure other forms of confidential and sensitive information.
Depending on the nature of your interaction with us and our Website, we may collect Personal Information as follows:
We use “cookies” and similar tracking technologies such as Software Developer Kits (‘SDKs) when you access to, interact with, or use our Website. The use of cookies is a standard industry-wide practice. A “cookie” is a small piece of information that a website assigns and stores on your computer while you are viewing a website. Cookies can be used for various purposes, including allowing you to navigate between pages efficiently, enable automatic activation of certain features (e.g., shopping cart), for statistical purposes, as well as for advertising purposes. You can find more information about cookies here: https://allaboutcookies.org. Our Cookie Policy, available here, details the tracking technologies we use on our Website.
We may share your personal information with third parties (or otherwise allow them access to it) only in the following manners and circumstances:
Except as specifically detailed above, we retain the Personal Information we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until the individual expresses a preference to opt-out.
In certain circumstances, we will retain your Personal Information for longer periods of time and mainly:
Securing your Personal Information including your PHI is of high priority. We design our systems with your security and privacy in mind. We have implemented physical, technical, and administrative security measures that comply with applicable laws and industry standards, such as encryption, access restrictions and permissions, etc.
Note that we cannot be held responsible for unauthorized or unintended access beyond our control, and we make no warranty, express, implied, or otherwise, that we will always be able to prevent such access. Please contact us at: , if you feel that your privacy was not dealt with properly, in a way that was in breach of our Privacy Policy, or if you become aware of a third party’s attempt to gain unauthorized access to any of your Personal Information. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) if we discover a security incident related to your Personal Information.
We maintain Personal Information that we collect from you in secured cloud storage environments provisioned by third party cloud providers in the United States. Nevertheless, any such information will be maintained and processed by us and our authorized affiliates and service providers which are in various locations around the world, including, without limitation, the United States and in our facilities.
To access to, interact with or use our Services, you must be over the age of eighteen (18). Therefore, we do not knowingly collect Personal Information from minors under the age of eighteen (18) and do not wish to do so. Any purchase of products through our Website that is intended for a child under eighteen (18) years of age, must be carried out by his/her legal guardian within such legal guardian’s account, and without providing us any personal information of such child. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Services. If we learn that we have collected personal information from a child under eighteen (18) years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at .
We acknowledge that different people have different privacy concerns and preferences. Our goal is to be clear about what information we collect so that you can make meaningful choices about how it is used. We allow you to exercise certain choices, rights, and controls in connection with your Personal Information. Depending on your relationship with us, your jurisdiction and the applicable data protection laws that apply to you, you have the right to control and request certain limitations or rights to be executed.
In the table below, you can review how Consumers can exercise their rights, and appeal such decision, or if EYEWIZ 2020 SA CORP sells or shared the personal data and how to opt-out.
Below we will provide jurisdiction specifications on how and if the rights below apply to you, depending on your residency and how to exercise your rights. In addition to your right subject to state laws, if we process PHI, you have additional rights under HIPAA which are detailed here.
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) effective November 2020, and as amended by the CPRA, effective January 1, 2023.
Please see the CCPA Privacy Notice available here which discloses the categories of personal information collected, purpose of processing, source, categories of recipients with whom the personal information is shared for a business purpose, whether the personal information is sole or shared, the retention period, and how to exercise your rights as a California resident.
Information we collect in relation to our Virtual Try-On tool may constitute biometric information under the CCPA. For more information on our collection and processing of information that may constitute biometric information, data in relation to our Virtual Try-On tool, please click here.
This section applies to Colorado residents acting only as an individual or household context (and not in a commercial or employment context, as a job applicant or as a beneficiary of someone acting in an employment context). Pursuant to the Colorado Privacy Act (“CPA”) please see below the disclosure of the categories of personal data that are collected or processed, the purposes, how consumers can exercise their rights, and appeal such decision, categories of third parties the controller shares or sells the personal data or sells the personal data for advertising and how to opt-out.
Under CPA, EYEWIZ 2020 SA CORP needs to provide a privacy notice that identifies the categories of personal data that are collected or processed, the purposes, how consumers can exercise their rights, and appeal such decision, categories of third parties the controller shares or sells the personal data or sells the personal data for advertising and how to opt-out.
In Section 2 “CATEGORIES OF INFORMATION COLLECTED AND THE PURPOSE OF PROCESSING” of the Privacy Policy, we describe our collection and processing of Personal Data, the categories of Personal Data that are collected or processed, and the purposes for which Personal Data is processed, stored, or used. We will not collect additional categories of Personal Data or use the Personal Data we collected for a materially different, unrelated, or incompatible purpose without obtaining your consent. Additionally, in Section 6 “SHARING PERSONAL INFORMATION WITH THIRD PARTIES, AND THE CATEGORIES OF SUCH THIRD PARTIES” details and discloses the categories of third parties we share for business purposes. Section 11 “YOUR RIGHTS” details and discloses your rights and Personal Data shared or sold for targeted advertising.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete your Personal Data. If the request is submitted by someone other than you, proof of authorization (such as power of attorney or probate documents) will be required.
We will respond to your request within 45 days after receipt of a verifiable Consumer Request (no more than twice in a twelve-month period). We reserve the right to extend the response time by an additional 45 days when reasonably necessary and provided consumer notification of the extension is made within the first 45 days. If we refuse to act on a request, you may appeal our decision within a reasonable period time by contacting us at and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint as follows: Colorado AG at https://coag.gov/file-complaint/.
If you have an account with us, we may deliver our written response to that account or via email at our sole discretion. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. You do not need to create an account for submitting a request. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
Under the Connecticut Data Privacy Act, Public Act. No. 22-14 (the “CDPA”) if you are a resident of Connecticut, acting in an individual or household context (and not in a commercial or employment context or as a representative of business, non-profit or governmental entity), your rights with respect to your personal data are described below.
Under CDPA, EYEWIZ 2020 SA CORP is required to provide you with a clear and accessible privacy notice that includes categories of personal data processed, purpose of processing, instructions for exercising consumer rights and appealing decisions, categories of personal data shared with third parties, categories of third parties with whom data is shared, and any sale of data or targeted advertising.
In Section 2 “CATEGORIES OF INFORMATION COLLECTED AND THE PURPOSE OF PROCESSING” of the Privacy Policy, we describe our collection and processing of Personal Data, the categories of Personal Data that are collected or processed, and the purposes for which Personal Data is processed, stored or used. We will not collect additional categories of Personal Data or use the Personal Data we collected for a materially different, unrelated, or incompatible purpose without obtaining your consent. Additionally, in Section 6 “SHARING PERSONAL INFORMATION WITH THIRD PARTIES, AND THE CATEGORIES OF SUCH THIRD PARTIES” details and discloses the categories of third-parties we share for business purposes. Section 11 “YOUR RIGHTS” details and discloses your rights and Personal Data shared or sold for targeted advertising. Note, under CDPA consent can be withdrawn within 15-days of notice at any time.
We shall respond to your request within 45 days of receipt. The response period may be extended once by 45 additional days when reasonably necessary, taking into account the complexity and number of requests and we inform you of such extension within the initial 45 day response period, together with the reason for the extension.
If we decline to act on your request, we shall so inform you without undue delay, within 45 days of receipt of your request. The notification will include a justification for declining to take action and instructions on how you may appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint to the Connecticut Attorney General at link: https://www.dir.ct.gov/ag/complaint/ or (860) 808-5318.
We shall provide information in response to your request free of charge, up to twice annually, unless requests are manifestly unfounded, excessive or repetitive. If we are unable to authenticate your request using commercially reasonable efforts, we may request additional information reasonably necessary to authenticate you and your request. If we cannot authenticate you and your request, we will not be able to grant your request.
Under the Virginia Consumer Data Protection Act, as amended (“VCDPA”) if you are a resident of Virginia acting in an individual or household context (and not in an employment or commercial context), you have the following rights with respect to your Personal Data.
The VCDPA requires EYEWIZ 2020 SA CORP discloses the categories of personal data processed, purpose of processing, how you can exercise your rights, including how you may appeal our decision regarding the consumer request, the categories of personal data shared with third parties and with whom, and EYEWIZ 2020 SA CORP sells personal data to third parties or processes personal data for targeted advertising.
In Section 2 “CATEGORIES OF INFORMATION COLLECTED AND THE PURPOSE OF PROCESSING” of the Privacy Policy, we describe our collection and processing of Personal Data, the categories of Personal Data that are collected or processed, and the purposes for which Personal Data is processed, stored or used. We will not collect additional categories of Personal Data or use the Personal Data we collected for a materially different, unrelated, or incompatible purpose without obtaining your consent. Additionally, in Section 6 “SHARING PERSONAL INFORMATION WITH THIRD PARTIES, AND THE CATEGORIES OF SUCH THIRD PARTIES” details and discloses the categories of third parties we share for business purposes. Section 11 “YOUR RIGHTS” details and discloses your rights and Personal Data shared or sold for targeted advertising.
We will respond to your request within 45 days after receipt of a verifiable Consumer Request (no more than twice in a twelve-month period). We reserve the right to extend the response time by an additional 45 days when reasonably necessary and provided consumer notification of the extension is made within the first 45 days. If we refuse to act on a request, you may appeal our decision within a reasonable period time by contacting us at and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint to the Virginia Attorney General at https://www.oag.state.va.us/consumercomplaintform.
If you have an account with us, we may deliver our written response to that account or via email at our sole discretion. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. You do not need to create an account for submitting a request. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We shall provide information in response to your request free of charge, up to twice annually, unless requests are manifestly unfounded, excessive or repetitive. If we are unable to authenticate your request using commercially reasonable efforts, we may request additional information reasonably necessary to authenticate you and your request. If we cannot authenticate you and your request, we will not be able to grant your request.
UTAH NOTICE (effective January 2024)
Under the Utah Consumer Privacy Act (“UCPA”) if you are a resident of Utah, acting in an individual or household context (and not in a commercial or employment context) your rights with respect to your personal data are described below.
In Section 2 “CATEGORIES OF INFORMATION COLLECTED AND THE PURPOSE OF PROCESSING” of the Privacy Policy, we describe our collection and processing of Personal Data, the categories of Personal Data that are collected or processed, and the purposes for which Personal Data is processed, stored, or used. We will not collect additional categories of Personal Data or use the Personal Data we collected for a materially different, unrelated, or incompatible purpose without obtaining your consent. Additionally, in Section 6 “SHARING PERSONAL INFORMATION WITH THIRD PARTIES, AND THE CATEGORIES OF SUCH THIRD PARTIES” details and discloses the categories of third parties we share for business purposes. Section 11 “YOUR RIGHTS” details and discloses your rights. Note, under UCPA, our sharing practices with third-party analytic and advertising tools are not considered a “sale”.
Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We currently do not sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and will record your instructions and incorporate them in the future if our policy changes. You may send opt-out requests to .
This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of Delaware and the laws the United States of America. All such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court situated in the United States of America. Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites. For any question, inquiry or concern related to this Privacy Policy or the processing of your Personal Information, you may contact our privacy team at .
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