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PRIVACY POLICY­­­

Your Privacy Rights

Effective Date: 6/28/2019

This Privacy Policy, together with the HIPAA Notice of Privacy Practices posted separately, describes the types of information gathered by Felix Gray, Inc. (“Felix Gray”, “us” or “we”) in the process of providing this website, services, information, tools, functionality, updates and similar materials (collectively, the “Services”), how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information you provide to us through the Services.

By using the Services, you hereby consent to allow us to process information in accordance with this Policy. Please also refer to our Terms of Service (“Terms of Service”), which are incorporated as if fully recited herein. Terms defined in the Terms of Service that are not defined herein shall have the same definition as in the Terms of Service.

This policy is subject to change. If our information retention or usage practices change, we will let you know by posting the Privacy Policy changes on the Services and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Privacy Policy means you accept such changes. Please refer to the “Effective Date” above to see when this Policy was last updated.

Territoriality

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE WEBSITE AND USING THE SERVICES, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

Information Collected

We collect two types of information about and from persons who use the Services: Personal Information and Non-Personal Information.

“Personal Information” is information that is personally identifiable to you, such as your name, address, email address or phone number, as well as other non-public information that is associated with the foregoing. Anything you publicly post or that is available publicly will not be considered Personal Information, and will be outside the restrictions of this policy. We also gather, store, and, only when necessary and permitted, transmit protected health information about you. For more information about your rights with respect to protected health information, see the HIPAA Notice of Privacy Practices.

“Non-Personal Information” means information that is not associated with or linked to your Personal Information. We may create Non-Personal Information from (i) automatically gathered information or (ii) Personal Information by excluding information (such as name) that may make the information personally identifiable to you.

Personal Information Collected

We collect certain Personal Information about you or about those you identify, which may be supplied when you sign-up for the Services, interact with the Services, complete a survey, make a purchase, when you request services or otherwise when you submit such information. The information collected may include one or more of the following:

  • Name;
  • Address;
  • Phone number;
  • Images uploaded for purposes of calculating pupillary distance;
  • Biometric and prescription information;
  • Prescription information; and
  • Email;

In addition, we may collect further information from you through social media platforms and other third-party providers.

Although the Service may appear to collect payment card information, we use a third-party payment provider for this services, and we do not directly collect your card information.

Non-Personal Information

Non-Personal Information is collected about you when you use the Services, including but not limited to enrollment history, the type of device you used and its operating system, the pages accessed most frequently, how pages are used, search terms entered, and similar data. If you can be identified from this information, for example by combination with other pieces of information, then we will treat this information as Personal Information.

Automatically tracking Internet Protocol (“IP”) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet. Further, the Services may utilize web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools.

Some of these cookies and tools may be third-party storage technologies provided by associates such as Facebook or Google, including the Remarketing advertising features provided by those third parties.

Although it may be possible to turn off the collection of cookies through your device, that may interfere with your use of the Services. You may opt-out of Google cookies by proceeding to https://tools.google.com/dlpage/gaoptout/. Opting out of cookies for Facebook is available through your account ad settings and the Digital Advertising Alliance, http://optout.aboutads.info/?c=2&lang=EN.

Use of Information

Internal Use of Information by Us

We accept and gather Personal Information and Non-Personal Information in an effort to provide the Services to you and to provide to you products that you may purchase. We may also use this information to help us develop and improve our products and Services, fulfill your requests, send materials to you, inform you about our offers and those of others, tailor our products and Services to meet our customers’ interests, and for other purposes permitted by law.

We may use Non-Personal Information for any business purpose.

Sharing Collected Information

We may share Personal Information and Non-Personal Information with our business associates, consultants, service providers, advisors and affiliates in order for them to provide services to us, to you, and to enable us to provide the products and Services. For example, our host and internet service provider may have access to this information.

We may use your information and disclose your information to third parties for marketing purposes, which may include use of such information by third parties for online behavioral advertising. You may find out more about online behavioral advertising here: http://www.aboutads.info/consumers or https://www.youronlinechoices.eu/. The information disclosed may include your personal data including: unique IDs collected from web browsers and mobile devices, IP addresses or online behavior and interest data, transaction history and related information, first and last name, full address and/or zip code, email address, and telephone number. We will not disclose sensitive personal information including your: prescription information, images uploaded to calculate pupillary distance, Biometric Information, government identifiers (such as Social Security numbers or tax ID numbers), driver’s license numbers, account numbers, financial identifiers (such as credit or debit card numbers), passwords or PINs, answers to security questions, nonpublic personal information, protected health information or similar information, to the extent that such information is collected on the Services. We disclose and transfer the listed information to the following third parties for marketing purposes:

  • Epsilon Data Management, LLC, a Delaware limited liability company;
  • KBM Group, LLC, a Delaware limited liability company; and
  • Oracle America, Inc., a Delaware corporation.

Further, we may disclose collected information, including Personal Information and Non-Personal Information, to the extent we believe it necessary to comply with the law, such as in response to a subpoena or court order, to defend a legal claim or establish or protect our legal rights or otherwise as permitted by applicable law. We may disclose any information in our possession in the event that we believe it necessary or appropriate to prevent criminal or illegal activity, personal injury, property damage or bodily harm.

Additionally, we may transfer your information to a successor in interest, which may include but may not be limited to a third-party in the event of an acquisition, sale, asset sale, merger or bankruptcy. The policies applicable to your information thereafter may be determined by the transferee.

Opting-Out of Sharing Collected Information

You may opt-out of the use of your information and disclosure of your information to third parties for marketing purposes. To opt-out, simply follow these instructions:

  • If you are located in the United States of America (the “US”), you must follow the links to the Network Advertising Initiative’s opt-out page (located here: http://optout.networkadvertising.org/), and the Digital Advertising Alliance’s opt-out page (located here: http://aboutads.info/choices/), and follow the instructions to opt-out therein. You must follow both links and follow all instructions to opt-out completely.
  • If you are located in the European Union/European Economic Area (the “EU/EEA”), you must follow the link to the European Interactive Digital Advertising Alliance’s opt-out page (located here: http://www.youronlinechoices.eu), and email us from the email address associated with your account on the Services at [email protected] with the subject line “Opt-Out.”
  • If you are located somewhere other than the US or the EU/EEA, email us from the email address associated with your account on the Services at [email protected] with the subject line “Opt-Out.”
  • If you are using a mobile device, follow the link to the Digital Advertising Alliance’s opt-out page (located here: http://www.aboutads.info/appchoices).

Biometric Information

facial geometry information from users that upload a photo for purposes of calculation pupillary distance (“Biometric Information”). Biometric Information is collected solely for the purposes of analyzing the facial geometry of a user to calculate pupillary distance as required to fulfill that user’s current and future orders. Biometric Information will be disclosed solely for the purposes described herein, which shall include order processing and fulfillment. Biometric Information will be transmitted solely for the purposes described herein, which shall include transmissions for order processing and fulfillment and electronic storage purposes.

Biometric Information for a user will be retained solely to facilitate the purposes described herein with respect to such user, and will be deleted upon the earliest of (i) upon the expiration, cancellation or termination of such user’s account; (ii) immediately after the purpose for capturing the Biometric Information has expired; and (iii) three (3) years from the date of the last interaction that such user has with us.

If you are a user, you consent to our collection, capture, storage, transmission and analysis of Biometric Information as described herein, and release us from any claims that may arise regarding the use of your Biometric Information.

Your Data Rights

You have the right to receive a copy of, amend, delete or erase, restrict the use of, or obtain an exportable copy of your Personal Information. To do so, email us from the email address associated with your account on the Services at [email protected]. with “Data Request” in the subject line. Please include a detailed description of your request in the body of the email.

Links

The Services may contain links to other websites. We are not responsible for the privacy practices of such other sites. When you leave our Service to visit another website or application, please read the privacy statements of websites that may collect personally identifiable information. This Privacy Policy applies solely to information collected by us through the Services.

Security

We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure.

Regardless of the precautions we take, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, we cannot ensure or warrant the security of any information you transmit to us.

E-Mail and Electronic Newsletters

We may offer electronic newsletters and e-mails concerning available properties, as well as new products and services, or may provide other marketing materials as a service to our users. Users may receive newsletters and e-mails concerning promotions and marketing of ours or of our business partners, after registering with the Services or after engaging with us in person or through our representatives.

If you have received a message from us, and you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each electronic newsletter and e-mail.

Please note that you may be required to separately opt-out of or otherwise respond to any e-mails sent by our business associates.

Do Not Track

At present, the Services do not specifically respond to browser do-not-track signals.

California Privacy Rights

California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties. To make such a request, please contact us at [email protected] with "Request for Privacy Information" in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an email address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

Children and Privacy

We do not knowingly permit users to register for or use our Services if they are under 18 years old, and therefore do not request personal information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If we become aware that a user is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

However, the Services may collect images of children under the age of 13 for purposes of calculating pupillary distance as required to fulfill an order (a “PD Image”), from parents or guardians that upload such images to the Services. PD Images are utilized solely for the purposes of calculating pupillary distance as required to fulfill a user’s order. No other personal information about children is collected by the Services. By uploading a PD Image and submitting an order, you consent to the collection of any PD Image in accordance with our Privacy Policy. You represent and warrant that you are the parent or guardian of any child that is the subject of a PD Image that you upload to the Services.

If you have questions concerning our information practices with respect to children, or if you believe a child under the age of 13 has provided us with personal information, please email us at [email protected].

Contact Information

If you have any questions or suggestions regarding our Privacy Policy, please contact us via e-mail at [email protected].

COPYRIGHT AND COMPLAINT POLICY

COPYRIGHT POLICY

If you believe in good faith that any material posted on our service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent

Felix Gray, Inc.

132 Crosby Street
Floor 7
New York, NY 10012
[email protected]

COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)

If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to [email protected], containing the following information:

  • Your name, physical address, e-mail address and phone number;
  • A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
  • Identification of the location of the material on the Site;
  • If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
  • If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
  • A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
  • Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.