Last modified: 08/01/2019
Information that your Authorized Individuals or Providers provide. If you provide information about Providers or Authorized Individuals, you agree that Providers and Authorized Individuals may contact us or you, we may contact them or you, they may share with us or you, and we may share with them or you any information about you that is necessary or useful to enable us to provide the Services that you request of us. Such information may include, among other information, the information described in the Information you provide paragraph above, though we will not share your username or password with any Provider.
Information we get from others. If you register or log into the Site or any App using a third-party authenticator login (such as Facebook), you authorize us to access available account information from such third-party authenticator, such as your public profile, email address, interests, “likes,” gender, birthday, education history, work history, interests, current city, photos, videos, personal description, friend list, and other information from your use of the third-party service. Information we get from others (including third-party data companies) may be combined with information you give us.
Information Automatically Collected; Cookies; Tags. When you access or use the Services, we may collect information about you and your computer or device, including through the use of both session and persistent “cookies,” “pixel tags,” or “web beacons” (collectively, “Tags”). “Cookies” are small data files stored on your hard drive, and “pixel tags” or “web beacons” are small graphic files placed on a website or within the body of an email for the purpose of tracking your internet activity and tracking when emails are opened or accessed. A “session” Tag will not collect information once you close the program used to access the Tag (e.g., a web browser), while a persistent Tag will collect information until it is deleted.
The type of information we automatically collect when you access or use the Services includes the IP (Internet Protocol) address of your computer or device; information about Tags on your computer or device (regardless of whether such Tags came from our Site, Apps, or emails); the website you visited before or after visiting the Site; pages you viewed on the Site; how long you spent accessing each page; how long you used an App; times and dates that you accessed or used the Services; your computer or device type and operating system type; browser type and language; and other information about how you accessed or used the Services.
We also analyze your information and your access and use of the Services in order to improve and customize your experience, including remembering information so you will not have to reenter it. We may also use such information to contact you regarding changes, system maintenance and outage issues, account or membership issues, or otherwise troubleshoot problems related to the Site, Services, or Apps.
We may share with Authorized Individuals or Providers any information about you that is necessary or useful to enable us to provide the Services that you request of us.
Service providers. We will disclose your information to service providers that assist with the Site, Services, or Apps. For example, if you use Services to order or purchase any products, we may work with a payment processing company and with logistic providers to process your payment and to process, package, ship, and deliver the products that you order. We contractually require our service providers not to use or share your information for purposes other than as needed to provide the applicable services.
Marketing Communications. If you “opt-in” to receive our newsletter or other marketing or promotional communications, we may use your information to email you about promotions, upcoming events, and other news about products and services offered by us and our selected partners. Our emails will tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails, including emails about purchase confirmations, invoices, technical notices, security alerts, and support and administrative messages.
Additionally, if you “opt-in” to receive advertisements from third parties, we may disclose your information, including location data, to third parties for marketing purposes such as targeted advertisements and information our advertising partners believe may be of relevance or interest to you. You can opt-out of our collection of location data by rejecting our request to collect such data upon registering for Services or installing applicable Apps.
Marketing communications help us continue providing the Services, including Sight Supply Memberships, at superb prices. But your privacy is important to us, so you have the right to prevent disclosure of your personal information for marketing purposes by either electing not to “opt-in” to marketing communications or by “opting out” at any time after you “opt-in.”
Advertisements. We may direct or engage third parties to direct advertisements and marketing materials to you based on the Tags on your computer or device, but we will not share your personal information in connection with such advertisements and marketing materials. If you no longer wish to receive such advertisements or marketing materials, please delete applicable Tags from your computer or device. Note, however, that you might need to delete new Tags that are placed on your computer or device when you next access or use the Site or Services, when you download, access, or use any Apps, or open our emails.
Corporate events. If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, your information may be included in the assets sold or transferred to the acquirer. You agree that we may transfer or assign the information we have collected about you in connection with any such event. In the event of a bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used.
You may request that we delete personal information we collect about you by sending an email to firstname.lastname@example.org or by calling 1-855-205-8070. Upon your request or if you uninstall applicable Apps, we will take reasonable steps to remove your personal information from the active part of the Services. However, due to the nature of the Site, Services, and Apps, it is not feasible for us to delete or destroy all personal information that you provide to us.
Additionally, even after you request that we delete your personal information, copies of that information may remain viewable elsewhere to the extent it has been shared, copied, or stored by you or third parties, or to the extent it has been archived or cached by search engines and other web crawlers.
You may update, change, or correct your personal information through the Site or applicable Apps. We will update your account, membership, or information as requested, provided, that we may decline to update information if we determine the request to be impractical (for instance, requests concerning information residing on backup tapes or other historical data) or to be inconsistent with our Data Retention practices (described above). In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Social media sites. We may have pages or other presence on various social networking sites or services, such as Facebook, Twitter, and the like. Any information you post or provide through such sites and services will be subject to the policies of those sites and services.
Disclaimer and release. We cannot control how any Authorized Individual, Providers, or third parties might use or disclose your information, so be sure that you trust them and that you are comfortable with the information that may be shared with them. You are responsible for designating your Authorized Individuals and Providers (including the third-party Provider(s) engaged by Visibly if you use the Services for vision testing) and for keeping your list of Authorized Individuals and Providers current, so please add, remove, or modify relevant information about Authorized Individuals or Providers as such information changes.
By using the Services, you agree that we have no liability for Visibly Inc.’s, Authorized Individuals’, Providers’, or third parties’ respective collection, use, maintenance, transfer, storage, deletion, or disclosure of your information.
The Site, Services, and Apps are not intended for use by minors under the age of 13, unless through an Authorized Individual. If we learn that a child under the age of 13 has provided us with personal information without verifiable parental consent, we will promptly take reasonable and appropriate actions to remove such user and delete any personal information from our servers.
We reserve the right, but have no obligation, to actively report and prosecute actual and suspected credit card fraud or any other fraud using or related to the Services. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and confirmation of your lens prescription with applicable Provider(s). We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order for products that you place using the Services is suspected to be fraudulent, we reserve the right, but have no obligation, to submit all records, with or without a subpoena, to law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Some users may be “covered entities” or “business associates” as defined in and for the purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”) and the regulations adopted thereunder (collectively and as may be amended “Health Privacy Laws”). If we store, process, or transmit individually identifiable health information (as defined under the Health Privacy Laws) on behalf of a covered entity or business associate, we may do so as “business associate” or “subcontractor,” but only if we expressly agree to do so pursuant to a separate business associate or provider agreement. In such cases, we are obligated to treat the individually identifiable health information in accordance with the applicable Health Privacy Laws.
In the absence of such business associate agreement or provider agreement, you understand and agree that your information is not protected under the Health Privacy Laws. However, we will take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of your information. However, we cannot guarantee your information will be absolutely secure or that unauthorized persons will not access or use your personal information for improper purposes. In the event of a breach of security affecting the personal information that you, Authorized Individuals, or Providers have provided to us, or the personal information that we have collected, we will take remedial actions as required by applicable laws, which might include providing you notice of such breach. You agree that we may send you such notices via the Site, Services, Apps, email, or mail.