Privacy Policy

Sight Supply, Inc., a Delaware corporation (“Sight Supply”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use, and disclosure of personal information we receive from users who (i) access or use the website www.sightsupply.com and its associated webpages and subdomains, including, without limitation, www.rx.sightsupply.com (collectively, the “Site”), (ii) download, access, or use our mobile applications (each, an “App”), and/or (iii) who use the services, software, applications, plug-ins, components, functionality, or programs provided or offered now or in the future via the Site or Apps (collectively, the “Services”).

Throughout this Privacy Policy, “you” or “your” shall refer to any person or entity accessing or using the Site or the Services or downloading, accessing, or using any Apps, and, unless otherwise stated, “we,” “our” or “us” will refer collectively to Sight Supply and Sight Supply’s subsidiaries, affiliates, directors, officers, members, employees, agents, and contractors.

We (i) offer, accept orders for, sell, process financial transactions related to, fulfill orders for, and offer refunds for (in accordance with our Refund Policy) various products that you may order, purchase, or return (in accordance with our Refund Policy) using the Site or Apps, and (ii) provide users with vision testing through the services of a third party, Opternative Inc., and one or more Providers (as defined below) engaged by Opternative Inc.  All such activities, the Site, the Apps, your access or use of the Site, and/or your download, access, or use of any Apps, each constitute “Services” for purposes of this Privacy Policy.

If you are accessing or using the Services on behalf of an entity, you represent and warrant that you have the right, authority, and capacity to enter into legally binding agreements on behalf of such entity, and you agree that any agreement under this Privacy Policy constitutes an agreement in your individual capacity and an agreement on behalf of such entity.

This privacy policy AND Our terms of use/sale set forth the legally binding terms and conditions that govern your ACCESS OR use of the Services.  Our terms of use/sale (1) require the use of arbitration (Section 13) on an individual basis to resolve disputes, rather than jury trials or class actions, and (2) limit the remedies available to you in the event of a dispute.  If you do not agree to such terms and conditions, do not access or use the services.  By accessing or using the Services, you agree to the terms and conditions in this Privacy Policy and in our Terms of Use/Sale.  you may not (i) agree to this privacy policy OR OUR TERMS OF USE/SALE, or (ii) access or Use the services, if you are not at least 18 years old.

This Privacy Policy may change from time to time.  If we change this Privacy Policy, we will update the “Last modified” date above and provide a notice about the update on applicable Apps.  Continued use of the Services after the effective date of a change to this Privacy Policy will be deemed to be your agreement to those changes.

 

INFORMATION WE COLLECT

Information that you provide.  When you access or use the Services, especially if you register for a Sight Supply Membership (as defined in our Terms of Use/Sale), we may collect (1) personal information, including:‎ name, mailing address, email address, phone number, username, password, demographic information (such as your age, gender, occupation), and third party social media profile information; (2) your eye doctor’s name, practice name, address, and contact information (each, a “Provider”); (3) information about your health, including about eye diseases and conditions, eye or vision testing results, and lens prescription information; (4) the name, mailing address, email address, and phone number of any individual(s) who you have authorized to communicate with us about you, including by providing us with any of the information described in this paragraph (collectively, “Authorized Individuals”); (5) any other information you provide while accessing or using the Services; and (6) information that we automatically collect as described in this Privacy Policy.  Some of this information will be retrieved and saved on our systems and may include a user token or other persistent identifier.

Vision testing.  If you use the Services to order or purchase any products, you will be required to provide us with the name, practice name, address, and contact information of at least one Provider, and you will also be required to either provide your lens prescription information or use the Services for vision testing (www.rx.sightsupply.com).

If you use the Services for visions testing, the third party that provides such vision testing (Opternative Inc.) will provide your vision testing results to one or more third-party Providers, and such Provider(s) will interpret your vision testing results.  Opternative Inc. will then provide us with certain information about such Provider(s) and your vision testing results, including a copy of your lens prescription if the Provider(s) write one.  We, as well as Opternative Inc. and such Provider(s) may collect such information, as well as other information that you provide in connection with the vision testing (collectively, “Vision Testing Information”).

By using the Services for vision testing, you agree that (i) Opternative Inc. may share with us, Providers, and you (ii) we may share with Opternative Inc., Providers, and you. and (iii) Providers may share with us, Opternative Inc., and you, any information about you that is necessary or useful to enable us, Opternative Inc., or such Provider(s) to provide the vision testing or other Services that you request.  Such information may include, among other information, Vision Testing Information and the information described in the Information you provide paragraph above, though we will not share your username or password with Opternative Inc. or Providers.

If you use the Services for vision testing and you no longer want us to share information with (i) Opternative Inc. or (ii) the Provider(s) that interpret your vision testing results and/or that provide you with a lens prescription, please contact us.

Information that your Authorized Individuals or Providers provide.  If you provide information about Providers or Authorized Individuals, or if you use the Services for vision testing, 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.

Direct communications.  When you, your Authorized Individuals, or Providers send email, post information on the Site or Apps, or communicate directly with us by some other method, we may collect information about you in such communications (and we may retain the communication) and use and share such information or communications as described in this Privacy Policy.  You agree that we may communicate with you about the Services using your email address, phone number, mailing address, or any other means of communication that you authorize or that you use to communicate with us.

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 use Google Analytics to understand how the site is being used.  Google Analytics uses permanent cookies on your web browser to identify you as a unique user.  Please see Google’s privacy policy for more information on how such data is collected and shared by Google.

 

HOW WE USE AND SHARE INFORMATION

Administering the Services.  We use information you and your Authorized Individuals and Providers provide, and information that we automatically collect as described in this Privacy Policy, to administer the Services; to allow you and other users to access and use the Services; to diagnose problems with the Site, Services, and Apps; to provide information you request or to respond to communications by you, your Authorized Individuals, or Providers; and to improve the Site, Services, or Apps.

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.

Communication with purchasers.  If you use the Services to order or purchase any products, you agree that, in addition to our other rights under this Privacy Policy, we may contact you by phone, email, or mail during the two months prior to, or two months after, your lens prescription expiration date.

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.  If you use the Services for vision testing, we will use and share your information as described in the Vision testing paragraph above.

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.

Other disclosures.  We may disclose your information if we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process or other governmental or law enforcement request; to enforce our Terms of Use/Sale, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; or protect against or mitigate harm to the rights, property or safety of us, you, other users, or the public as required or permitted by law.

Aggregate and non-personally identifiable information.  We may use non-identifiable anonymous data that is based on users’ access or use of the Services and combine it with other anonymous data to create what is referred to as “Aggregate Data” that may be disclosed to third parties. Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. For example, Aggregate Data may provide information on the types of procedures for which you may require additional reminders or tasks, or how different features of the Services are accessed or used by different demographic groups.  Aggregate Data may be used to determine such information as user demographics and access and usage patterns of the Services. We may use Aggregate Data to understand the needs of our users and to determine what kinds of products and services we can offer, including improvements and new products. We may also share Aggregate Data with third parties.  Except as described in this Privacy Policy, we will not provide your personally identifiable information for marketing or other purposes without your consent.

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.

With permission.  We may share your information for reasons not described in this Privacy Policy only with your permission.

 

DATA RETENTION

You may request that we delete personal information we collect about you by sending an email to hello@sightsupply.com 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.

We are also required by law to retain certain information about you if you use the Services to purchase any products or for vision testing.  Such information may include, among other information, your name, contact information, lens prescription, vision testing results, Provider details, and information about any products that you purchased.  Even if you request that we delete your personal information, we will retain any information that we are required by law to retain.  Information that we retain will be held in accordance with this Privacy Policy until such information is deleted or destroyed.

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.

 

ACCESSING AND UPDATING PERSONAL INFORMATION

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.

 

THIRD-PARTY SITES AND INFORMATION COLLECTION, SHARING, AND USE

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.

Links to third-party sites.  The Site, Services, and Apps may provide links to third-party websites for your convenience and information.  If you use such links, you will leave the Site or App.  We do not control such linked third-party sites or any third party’s privacy practices.  We do not endorse or make any representations about third parties or third-party websites or apps.  The information you choose to give to third parties is not covered by our Privacy Policy.  We encourage you to review the privacy policy of any third party if you access a third-party site via a link while using the Site, Services, or Apps.

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 Opternative 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.

Information collected by, shared by, or shared with Opternative Inc. will be subject to Opternative Inc.’s Privacy Policy, Privacy Practices, and Terms of Use.  Information collected by, shared by, or shared with Authorized Individuals, Providers, or other third parties will be subject to each of their respective privacy policies or privacy practices, though some of them might not have any such privacy policies or practices.  You will need to work directly with Opternative Inc., Authorized Individuals, Providers, or other third parties if you want any of your information that is maintained by them to be updated, edited, deleted, or removed.

By using the Services, you agree that we have no liability for Opternative Inc.’s, Authorized Individuals’, Providers’, or third parties’ respective collection, use, maintenance, transfer, storage, deletion, or disclosure of your information.

 

LOCATION OF SERVERS

Our servers are located in the United States of America and the access and use of Services are governed by U.S. law, this Privacy Policy, and our Terms of Use/Sale.  By accessing or using the Services from outside the United States, you agree that you consent to the transfer of your personal information to the United States, and to the maintenance and processing of your information in the United States, which might not have protections that meet applicable requirements in the country in which you are located.

 

INFORMATION OF CHILDREN

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.

 

FINANCIAL TRANSACTIONS

We use a third-party payment processor to process financial transactions. We do not store your financial information. When you place an order, your financial information will be shared with the third-party payment processor, which may change from time to time. Information shared with the third-party payment processor will be subject to their privacy policy. For more information on the current third-party payment processor and their privacy policy, please contact us.

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.

 

DATA SECURITY

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.

 

QUESTIONS OR SUGGESTIONS

If you have any questions or suggestions regarding this Privacy Policy or the information described in this Privacy Policy, please contact us at: hello@sightsupply.com or by calling 1-855-205-8070.