This Policy describes how Now Optics and all direct and indirect subsidiaries and affiliates (collectively “Company,” “we,” “our,” or “us”), collect, use, and disclose personal information through our websites located at www.physicianseyecaregroup.com, www.stantonoptical.com, www.myeyelab.com, www.framegenie.com, www.nowoptics.com, and any other websites that link to this Policy (collectively “Sites”) and certain other services as described below. Other Company websites, products, and services may have their own privacy policies.
“Personal information”, is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more other factors specific to you.
IMPORTANT NOTICE: YOUR USE, DOWNLOAD, AND/OR RECEIVING OF ANY OF THE SITES IS SUBJECT TO AN ARBITRATION PROVISION IN THE SECTION TITLED “GOVERNING LAW; ARBITRATION; CLASS-ACTION WAIVER” BELOW, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, UNLESS PROHIBITED BY LAW.
By using the SITES, you acknowledge and agree that your personal information will be used as set forth in this Policy. If you do not agree to the terms of this Policy, please do not use the Sites.
HOW WE COLLECT PERSONAL INFORMATION
When using our Sites or our services, you may provide us with your personal information through a variety of methods, including the following: (1) via signups on our Sites, such as through the creation of an account; (2) from an online, email, retail, fax, or telephone purchase; (3) when you enter a sweepstakes, giveaway, contest, or other promotion, or complete a survey; (4) when you provide information at our stores; (5) upon contacting us, such as through customer service communications, including our online chat features; (6) upon signing up at an event; (7) upon registering a Company product; (8) when you submit a business reply, product, or warranty card; (9) when you post material to the Sites, such as through product reviews; or (10) when you interact with us for any other purpose. Information that you provide through the Sites can be combined with the information that we collect from you in any other way.
We may also collect certain personal information automatically when you use the Sites, as described below.
We may receive personal information about you from third parties and combine it with information you have provided to us.
THE INFORMATION WE COLLECT
When you interact with us, we may collect personal information that you choose to provide, such as your name, address, email address, phone number, payment information, demographic information (such as your income level and gender), date of birth, information regarding your membership with other organizations (e.g., to provide discounts), prescription information, medical history and information about your vision health, photos, scans and recordings, and any other information you choose to provide. If you contact our customer service department, you may need to provide us with additional personal information so that we can respond to your questions or concerns as completely and thoroughly as possible. If you create an account with us, we collect your username and password. If you are providing delivery information or other personal information which is not your own, then you must have that person’s permission to give us their personal information and for us to use and share it for the purposes specified.
When you make a purchase, we will collect your payment card, gift card, or other payment information. Company takes reasonable steps to protect the security of payment card information such as by using tokenization, a storage technique which replaces payment card data with randomized identifiers.
If you apply for a job through one of our Sites, we will collect any personal information you provide in your application, including, but not limited to, educational background, employment history, and references.
Some of the affiliates and brands covered by this Policy are subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). These affiliates and brands may collect additional information that is considered “protected health information” (“PHI”) as defined by HIPAA. When the information that we collect is considered PHI, we will handle that PHI in accordance with our Notice of Privacy Practices. Please visit that notice for information on our privacy practices, our legal duties, and your rights concerning your PHI.
HOW DO WE USE THIS INFORMATION
We may use the personal information we collect for any lawful purpose, including the following:
To process, track and fulfill your order, including communication about your order status and shipment, or any other related information.
To confirm, schedule or provide other services related to your eye exam appointment
To administer a contest, promotion, survey, or other site feature, and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest).
To send you information/materials about products, recommendations, offers, and news we think could interest you. This information may relate to products, services, offers, and news of Company products or other products and services. Please see “Your Choices” below for more information.
To operate and improve the Sites, including to analyze visits to the Sites and learn about our visitors and how they use and navigate the Sites, so we can operate and improve the Sites and improve our products and services to deliver the best user experience.
To communicate with you, including completing a sale or responding to your inquiries
To comply with the law and to maintain the security of our Sites.
As otherwise disclosed at the time of collection or use.
To fill a job posting and determine eligibility
When you make a purchase, you can choose to save your personal information to obtain a faster checkout for purchases and/or you can choose to receive emails, which provide you with information regarding our other products and services.
SHARING PERSONAL INFORMATION WITH THIRD PARTIES
We do not sell your personal information but may share the personal information that we collect with third parties as lawfully permitted, including as discussed below.
Personal information collected through our Sites may be shared between the brands and affiliates of the Company.
We may disclose personal information if we believe in good faith that: (1) the law or legal process requires it; (2) we have received a valid administrative request from a law enforcement agency; or (3) such release is necessary or appropriate (in our sole discretion) to protect the rights, property, or safety of Company, or any of our respective affiliates, service providers, customers, or others.
We may also share your personal information with your consent or as otherwise disclosed at the time of data collection or sharing.
As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, or the sale of all or a portion of our assets, or buying online stores or other assets, including at bankruptcy. In such transactions, personal information about customers will likely be transferred.
The Sites may allow you to provide comments in various sections of our Sites, such as when you leave a review, Please be aware that the information you post in these areas may be available to visitors of the Sites and to the general public.
We share aggregated and de-identified information, or any other technical information, without limitation. For example, we may share aggregated demographic information about the Sites’ visitors with our affiliates, service providers or vendors, so that they can provide marketing analysis and consult on advertising strategies. We also may share technical information, such as the number of users who visited the Sites during a specific time period or who purchased a specific product through the Sites, with our marketing service providers, advertisers, and others from time to time. This information generally is shared in an aggregated form.
DIGITAL ADVERTISING & ANALYTICS
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect information about your use of the Sites and other sites or apps over time, including information about relationships among different browsers and devices.
We may also work with service providers that collect data about your use of the Sites and other sites or apps over time for non-advertising purposes subject to their privacy policies. We use analytics providers such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Sites by going to http://tools.google.com/dlpage/gaoptout.
THIRD-PARTY LINKS & PLUG-INS
The Sites may provide links to third-party websites or apps, including our social media pages. We do not control the privacy practices of those websites or apps, and they are not covered by this Policy. You should review the privacy policies of other websites or apps that you use to learn about their data practices.
The Sites may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Sites, those social media companies may collect information about you and may use and share such information in accordance with their own policies, including by sharing such information with us or the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to read the privacy policies for any social media accounts you create and use.
This section applies to our collection and use of “Personal Information” if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”). When we use the term “Personal Information” in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household. Please note that the CCPA is experiencing further changes as part of the rulemaking activity process. As a result, please check back often as this section may change to comply with future CCPA requirements.
If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided in at the end of this Policy.
Categories of Personal Information Collected, Used, and Disclosed
In accordance with California law, we may have collected and disclosed the following categories of Personal Information within the past 12 months:
Categories of Personal Information Collected & Disclosed
Identifiers – A real name, Internet Protocol address, or email address,
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – e.g., a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories
Internet or other similar network activity – Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Geolocation data – Physical location or movements.
Inferences drawn from other Personal Information – Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Protected classification characteristics under California or federal law – Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Professional or employment-related information – Current or past job history or performance evaluations.
We disclose each of these categories of Personal Information to our service providers to the extent necessary for them to facilitate our business purposes. We also disclose this Personal Information for the purposes set forth in the Section above entitled “Sharing Personal Information with Third Parties”.
In the last 12 months, we do not have knowledge that we sold any Personal Information of California consumers, nor actual knowledge that we sold the Personal Information of California consumers under the age of 16 years old. The CCPA defines “sale” as: selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information to another business or third party for monetary or valuable consideration. If we do sell your Personal Information, we will notify you, and if you submit to us a verifiable consumer request we will disclose to you a list containing the categories of Personal Information that we sold in accordance with the CCPA’s requirements.
Your California privacy rights
If you are a resident of California, you may have the following rights:
You may have the right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared.
You may have the right to request the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You may also have the right to request the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.
You may have the right to receive the Personal Information you have previously provided to us.
You can request to have your Personal Information deleted and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required or permitted to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our Site integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); or (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
To Opt Out
To the extent we sell your Personal Information you may have the right to request to opt out of such sale.
If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to firstname.lastname@example.org, call us toll-free at 1-877-792-1772, or click on our online request form.
We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.
We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete Personal Information, we may retain Personal Information that we need to retain for legal purposes (e.g., tax accounting). You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights.
The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.
To opt out of our email marketing or to unsubscribe from our email newsletters, you can contact our customer service department using the information in the “Contact” section below, or you can use the link provided at the bottom of each marketing message or newsletter. If you choose to opt out, you will continue to receive all email communications related to our transaction(s) and relationship with you.
If you would like to update your mailing information or want your name and address removed from our direct mailing list, you can contact our customer service department using the information in the “Contact” section below.
We understand the importance of protecting children’s privacy, especially in an online environment. Our Sites are not intentionally designed for or directed at children less than 13 years of age. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.
UPDATING YOUR INFORMATION
You may request to view, update, or correct your personal information by contacting our privacy office at the information provided in the “Contact” section below. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections.
We maintain reasonable and appropriate safeguards to help protect your personal information from loss and from unauthorized acquisition. We monitor activity on our Sites to prevent any unauthorized disclosure of information. In addition, we utilize a licensed system for credit card authorization and fraud detection.
DO NOT TRACK SIGNAL
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information.
TRACKING ACROSS TIME AND TECHNOLOGIES DISCLOSURE:
Some information about your use of the service and certain third-party services may be collected using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the service and certain third-party services.
UPDATES TO POLICY
We may change this Policy at any time in our discretion. If we decide to change our Policy, we will post the changes on this page. Please review this page periodically to see any updates to the information provided here. This Policy was last updated on May 26, 2021.
GOVERNING LAW; ARBITRATION; CLASS-ACTION WAIVER
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND THE COMPANY TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Florida will govern this Policy, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under this Policy to initiate litigation in a court, you agree that any action arising out of this Policy or your use of the Site shall be brought in state or federal court in the State of Florida and you consent to the jurisdiction of such courts.
Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with this Policy and for which either party shall seek equitable relief, all differences, disputes or claims arising in connection with this or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association in the State of Florida by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. It is understood that the decision in such arbitration shall be binding on both parties, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees and that a judgment upon any award rendered may be entered in any court having jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Sites. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS NOW OPTICS AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
If you have questions or wish to contact us about this Policy, please direct inquiries to:
3801 S. Congress Ave.
Palm Springs, FL 33461