Privacy|Target Optical

Web Site Terms and Conditions

Welcome to Target Optical.com (the "Site"). This Site is brought to you by Luxottica Retail North America Inc. ("Luxottica Retail"), and is subject to the following terms and conditions of use (the "Site Terms"). By accessing, browsing or using this Site you agree to follow and be bound by these Site Terms and Conditions.

We have adopted a Privacy Statement that you should refer to in order to fully understand how we collect and use your information.

Electronic Communications

When you visit this Site, or send us e-mails, you are communicating with us electronically and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

All content included on this Site, including images of people, places or products, illustrations, designs, icons, photographs, video clips and written and other materials are either the property of Luxottica Retail, our parent companies, affiliates or subsidiaries (collectively, the "Luxottica Companies"), or are used with the express permission of the Luxottica Companies' partners, suppliers or licensors and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of the Luxottica Companies and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site can only be made with the prior written and express authorization of Luxottica Retail. For further information on how you may obtain authorization to use any materials or content on this Site, please contact Luxottica Retail at the Customer Service section of this Site.

Trademarks

All trademarks, trade dress and service marks and their respective designs and/or logos on this Site are owned by the Luxottica Companies or its partners, suppliers or licensors and may not be copied, imitated or used, in whole or in part, including as part of any meta tags or any other "hidden text" without the prior written permission of Luxottica Retail. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of the Luxottica Companies or its partners, suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Luxottica Retail.

License and Site Access

We grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any of the contents of this Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Site (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any of the contents of the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site or to collect any information from the Site or any other user of the Site.

Your Account

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. The Luxottica Companies will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Luxottica Companies or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify Luxottica Retail immediately of any unauthorized use of your account and/or password(s), or other breach of security.

Matter You May Submit to Luxottica Retail

From time to time Luxottica Retail may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Luxottica Retail welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Luxottica Retail must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By submitting any and all notes, messages, billboard postings, ideas, suggestions, data, questions, comments or other material to Luxottica Retail (collectively, ?Materials?), you grant the Luxottica Companies an irrevocable, royalty-free, world-wide license and right to use, re-use, publish, re-publish, display, perform, transmit, exhibit, and reproduce such Materials, in whole or in part, individually or in conjunction with other material, in any medium, whether now known or hereafter invented, and for any and all purposes, including but not limited to developing and manufacturing, advertising, publicity, promotion, packaging, and trade, without restriction as to manner, frequency, or duration of usage and without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. By submitting any Materials of any kind to Luxottica Retail, you represent and warrant that you hold all necessary right, title and license to such Materials and that your submission of such Materials to Luxottica Retail does not and will not violate or infringe the rights of any third-parties.

Luxottica Retail has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, Luxottica Retail reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by Luxottica Retail necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that any Materials you submit to the Site are not private communications and will be treated as non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. You should always use caution when providing any personal information about yourself or your children. The Luxottica Companies do not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, unless otherwise indicated none are authorized spokespersons of the Luxottica Companies, and their views do not necessarily reflect those of the Luxottica Companies.

You agree to fully indemnify Luxottica Companies, their shareholders, officers, directors, employees, agents, distributors and vendors from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these Site Terms, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.

Risk of Loss

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Hyperlinks

The Luxottica Companies make no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.

Children

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS SITE. LUXOTTICA RETAIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LUXOTTICA RETAIL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. LUXOTTICA RETAIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS APPLY EVEN IF THE LUXOTTICA COMPANIES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS SITE AND/OR ITS CONTENTS. BY USING THIS SITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF THIS SITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS MADE SOLELY AT YOUR OWN RISK.IN NO EVENT SHALL THE LUXOTTICA COMPANIES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LUXOTTICA COMPANIES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO LUXOTTICA RETAIL.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.$5, OR THE TOTAL AMOUNT YOU PAID TO LUXOTTICA RETAIL.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Termination

Notwithstanding any of these Site Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Site Terms will still apply.

Applicable Law

By accessing, browsing or using this Site, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and the Luxottica Companies as a result of your use of this Site. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or state courts located in Warren County, Ohio and/or the Southern District of Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and any of the Luxottica Companies.

Site Policies, Modification and Severability

We reserve the right to make changes to this Site, our Privacy Statement, and these Site Terms at any time. If any of these Site Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Entire Agreement

These Site Terms constitute the entire agreement between the you and the Luxottica Companies with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Site Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Software

To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

If you have any questions or suggestions regarding these terms and conditions, please contact us at:

Luxottica Retail
4000 Luxottica Place
Mason, Ohio 45040
Phone: 513-765-4321

California Privacy Policy for Target Optical

If you are a California resident and a Target Optical customer, you have the right to request information from Luxottica Retail North America Inc. ("Luxottica Retail" ) about the way in which Luxottica Retail shares certain categories of your personal information with its affiliated companies for their direct marketing purposes.

California law provides that you have the right to submit a request to Luxottica Retail at CAPrivacyPolicy@luxotticaretail.com and receive the following information:

1) the covered categories of personal information disclosed by Luxottica Retail to affiliated Luxottica Retail brands for their direct marketing purposes during the preceding calendar year, and

2) the names of the affiliated companies sharing the Luxottica Retail name which received such information.

You are entitled to receive a copy of this information in a standardized format, and the information will not be specific to you individually.

Target Optical Privacy Statement

This Privacy Statement describes the types of information Luxottica Retail North America Inc. ("Luxottica Retail") collects from you when you visit or order products from TargetOptical.com (the "Site"), and explains what we do with that information. This Privacy Statement is effective as of August 29, 2010 and will remain in effect until we replace it.

INFORMATION COLLECTION & USE

Purchasing a Product or Service

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (including, but not limited to, name, email, and shipping address) and financial information (including, but not limited to, credit card number, expiration date, etc.). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Surveys or Contests

From time to time we may provide you the opportunity to participate in surveys, contests or sweepstakes on our Site. If you participate, we will request certain personally identifiable information from you. Participation is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes your name, address, e-mail address, age and certain demographic information (such as income level and gender). We use this information to administer the survey, contest or sweepstakes, to monitor the interests and attitudes of visitors to our Site and to ensure that our Site provides information that is relevant and helpful. We also use this information to communicate with you about offers and events at Target Optical. You may, however, choose not to receive these types of communications. Please see the section below titled "Choice and Opt-out."

We may use or partner with a third party to advertise, promote or conduct these surveys, contests and sweepstakes; service providers are prohibited from using our users' personally identifiable information for any other purpose other than the administration of the survey, contest or sweepstakes. Other than such third party, we will not share the personally identifiable information you provide through a survey, contest or sweepstakes with other third parties unless we give you prior notice and choice.

Log Files

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

We also use a third-party tracking service to track non-personally identifiable information about visitors to our Site in the aggregate; and we use pixels, or transparent GIF files to enable us to learn which advertisements bring users to our Site. We may from time to time use other third parties for similar type tracking services. Any information we track in this manner is anonymous, limited to usage and volume statistics, and is used to provide insight into the effectiveness of our online marketing initiatives and strategies.

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We may link the information we store in cookies to your personal information in order to provide a faster and more pleasant online shopping experience.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.

We set a session cookie to store your passwords, so you don't have to enter it more than once per session. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests, surveys and online shopping will be limited.

This privacy statement covers the use of cookies by this site only and does not cover the use of cookies by any advertisers or third-party sites that may be linked to from this site.

Communications from the Site

Special Offers and Updates

If you choose to order a product from us through this Site, we will occasionally send you information on products, services, special deals and promotions. You may, however, choose not to receive these types of communications at the time of your order. Please see the section below titled "Choice and Opt-out."

Customer Service

Based upon the personally identifiable information you provide us, we will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

Profile

We store information that we collect through cookies, log files and third party sources to create a "profile" of your preferences. We tie your personally identifiable information, and your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the Site for you. We do not share your profile with third parties other than third parties that assist us in our marketing efforts.

Information Sharing and Disclosure

We are required by applicable federal and state law to maintain the privacy of your health information. Please see our HIPAA Privacy Statement for information on our privacy practices, our legal duties, and your rights concerning your health information. Any health information we collect from you on this site will be handled in accordance with the terms of our HIPAA Privacy Statement.

Aggregate Information (Non-Personally Identifiable)

We share aggregated demographic information about our user base with our agents, including agencies or third-party vendors used to aggregate demographic information, provide marketing analysis and consult on advertising strategies. This information does not identify individual users. We do not link aggregate user data with personally identifiable information.

Luxottica Companies

Information collected on this Site may be shared with our current and future affiliates and our other brands, including, but not limited to LensCrafters, EyeMed Vision Care, Pearle Vision, Sears Optical and Sunglass Hut (collectively, the "Luxottica Companies"). .The Luxottica Companies will occasionally send you information on products, services, special deals and promotions in which you might have an interest. The Luxottica Companies' use of your information will be limited by the terms of this Privacy Statement in the same way that our use of your information is limited. If you do not wish to receive communications from any or all of the Luxottica Companies, you may choose not to allow us to share your information with them. Please see the section below titled "Choice and Opt-out."

Other than the Luxottica Companies, any successor entities to the Luxottica Companies, and our agents and partners, or as otherwise provided in this Privacy Statement, we do not share your personally identifiable information with third parties.

Agents

We use an outside shipping company to fulfill orders, and a credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

Choice and Opt-out

We provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, or if you no longer wish to receive our promotional communications, you can indicate your preference on our email communications by following the opt out process on the communication.

You will be notified when your personal information is collected by any third-party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Links to Other Sites

This Site contains links to other sites that are not owned or controlled by the Luxottica Companies. Also, you may have linked to this Site from another site not owned or controlled by the Luxottica Companies. Please be aware that Luxottica Companies are not responsible for the privacy practices of such other sites.

Be careful of disclosing any of your personally identifiable information when leaving our Site. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every Web site that collects personally identifiable information.

This privacy statement applies only to information collected by this Web site.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by contacting our Customer Support by telephone or postal mail at the contact information listed below or by sending an email to privacyoffice@luxotticaretail.com.

Security

The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on this website, you can email us at privacyoffice@luxotticaretail.com.

Business Transitions

In the event Luxottica Retail, or its affiliates goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via a prominent notice on our Site for 30 days of any such change in ownership or control of your personal information. You consent to the transfer of your personally identifiable information to any such successor entity unless you notify us via email to the contrary.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, which is linked from the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

If you have any questions or suggestions regarding our privacy policy, please contact us at:

Privacy Office

Luxottica Retail
4000 Luxottica Place
Mason, Ohio 45040
Phone: 513-765-4321
Email: privacyoffice@luxotticaretail.com