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LUXOTTICA PRIVACY & SECURITY
For more information on Interest-based Advertising and your choices regarding it click here.
To submit a Data Subject Access or Deletion Request, click here.
This Policy describes how Luxottica of America Inc., including all direct and indirect subsidiaries (collectively “Luxottica,” “we,” “our,” or “us”), collect, use, and disclose information through our websites www.oakley.com, www.sunglasshut.com, www.oliverpeoples.com, www.costadelmar.com/en-us, www.ray-ban.com, www.lenscrafters.com, www.arnette.com, www.pearlevision.com, www.persol.com, www.vogue-eyewear.com, www.nativeyewear/en-us.com, www.glasses.com, www.contactsdirect.com, and any other websites that link to this Policy (collectively “Sites”) as well as the Face Scanning App (“FSA”), or our in-store Face Scanning Kiosk (“Kiosk”) and certain other technological services aimed at providing you with a customized experience (e.g. Frame Advisor, Size Advisor) as described below (collectively, the “Platforms”). Other Luxottica websites, products, and services may have their own privacy policies. This Policy applies to our U.S. ,E.U., and Canadian Platforms that link to this Policy.
WHAT IS PERSONAL INFORMATION?
For the purpose of this policy, personal information is any information about an identifiable individual.
HOW WE COLLECT THE INFORMATION
When using our Platforms or our services, you may provide us with your personal information through a variety of methods, including the following: (1) via signups on our Platforms, 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 Luxottica product; (8) when you submit a business reply, product, or warranty card; (9) when you post material to the Platforms, such as through product reviews or use of our virtual technology; or (10) when you interact with us for any other purpose. Information that you provide through the Platforms can be combined with the information that we collect from you in any other way.
We may also collect certain information automatically when you use the Platforms, as described below. This may include the use of pixels and other tracking technologies operated by us and by third parties, as described in other sections of this Policy.
We may receive 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 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, location information, information regarding your membership with other organizations (e.g., to provide discounts), photos and recordings, biometric identifiers or biometric information, and any other information you choose to provide. Depending on the circumstances, information we may collect on or through our Plattforms includes, but isn’t limited to:
If you contact our customer service department, you may need to provide us with additional 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 information which is not your own, then you must have that person’s permission to give us their 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. Luxottica 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 decide to register your product(s), you may choose to voluntarily provide the date of your last eye exam, the type(s) of products to register and their purcahe date, the reason(s) why you decided to buy Luxottica products and your consent to receive our newsletter on our brands.
If you are entering a sweepstakes, contest, giveaway, or other promotion (each a “Promotion”), your age or birth date.
If you apply for a job through one of our Platforms, we will collect any information you provide in your application, including, but not limited to, work authorization information, visa status, desired salary, language proficiency, educational background, employment history, and references. You may also choose to voluntarily provide optional information such as race, gender, or whether you are disabled.
If you are participating in a survey, we may ask your gender and age, income, ethnicity, family size and marital sattus.
If you are sharing an article or page of the Platforms with a third party, the third party email address will also be collected. By using such a referral feature, you certify that you have permission to provide your friend’s email address and to send them this content.
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 information 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.
We may collect biometric information to provide you with certain services. See the “BIOMETRIC INFORMATION” section of this Policy to learn more about how this information is collected, used, disclosed and stored.
We may also collect information about your location when you access or use the Platforms. We may collect information regarding your general location using your IP address, to the extent activated by you if required under applicable law. If you access or use the Platforms from a mobile device, we may collect more precise geolocation information from your mobile device, subject to your activation of such function if required under applicable law. This information may be used to customize certain features of our Platforms and to provide you with location based services. This information may also be used to send push notifications, which appear on the display of your mobile device in the form of a badge, alert or banner, and allow mobile applications to send information to your mobile device even when the application is not in use. For information on default privacy setting and how to change them, including how to enable and disable geolocation services and/or push notifications on a mobile device, see YOUR CHOICE below regarding your opt-out choices.
SMS TERMS & CONDITIONS
These Terms and Conditions were last updated on August 6, 2021.
NOTICE OF AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVERBy accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 4 of these Terms below.
In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or 16 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 16 and no person under the age of 16 may use the Website. If you use the Website, you are confirming that you are at least 16 years old.
2. INTELLECTUAL PROPERTY
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Luxottica of America Inc.’s or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Luxottica of America Inc. and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Website. While Luxottica of America Inc. strives to keep the information on the Website accurate, complete, and up-to-date, it cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information on the Website.
Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Luxottica of America Inc. expressly disclaims all warranties of any kind, whether express of implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.
Luxottica of America Inc. does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error free, or that defects, if any will be corrected. Luxottica of America Inc. makes no warranties as to the results that may be obtained from the use of the Website or as to the accuracy, quality, or reliability of any information obtained through the Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Luxottica of America Inc. direct, or through this Website, shall create ant warranty not expressly made herein.
4. AGREEMENT TO ARBITRATE
You and we each agree that any and all disputes or claims with or against any party that relate to or arise from your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims that relate to or arise from your use of or access to our Services, any products or services sold, offered, or purchased through our Services, or communications (including calls, texts, or emails) that relate to or arise from your use of or access to our Services only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., and other federal and state telemarketing and privacy laws. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
With the exception of any of the provisions in of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
5. CONSENT TO CONTACT
By using this website, you agree to the following statement:
“I agree that providing my telephone number and opting in to receive text messages in any submission on Target Optical’ s website, I provide my signature consenting to contact from Target Optical at the number I provided regarding products or services via live, automated or prerecorded call, text, or email. I understand that I am not required to enter into this agreement as a condition of purchase. I can revoke this consent by texting STOP to 21409.”
You may receive texts from Target Optical regarding your account, purchases, or special offers from Target Optical. Message and data rates may apply. Maximum number of messages per month will vary based on the subscription list you have enrolled in. You can unsubscribe at any time by texting STOP to 21409. You will receive a text confirming that you have been unsubscribed. If you have questions, reply HELP to 21409 or contact Target Optical at 877.848.8476.
Target Optical will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Target Optical as part of this service. Target Optical may use this information to contact you and provide services you request from Target Optical. Target Optical may also use this information as described in the subscription list you have enrolled in.
Emails By including your email in any submission, you are extending an express invitation to Luxottica of America, Inc. to be contacted. For any service, you represent that all of the information you have provided in your submission is true and complete.
6. VOICE RECORDING AND MONITORING CONSENT
7. LIMITATION ON LIABILITY
You expressly understand and agree that under no circumstances will Luxottica of America, Inc., its suppliers, parents, subsidiaries, representatives, affiliates or agents be liable for indirect, special, incidental, or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Website, (2) the use of, or the inability to use, items purchased on the Website; or (3) the cost of procurement of substitute services or items.
You agree to indemnify and hold harmless Luxottica of America, Inc., its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Luxottica of America, Inc. that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
9. MODIFICATIONS TO THE AGREEMENT
Luxottica of America, Inc. may make changes to these Terms and Conditions, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms and Conditions constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
Luxottica of America, Inc. may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Luxottica of America, Inc. No delay by Luxottica of America, Inc. in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect Luxottica of America, Inc.’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Luxottica of America, Inc. in writing. These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
HOW DO WE USE THIS INFORMATION
We may use the information we collect for any lawful purpose, including the following:
1) To process and fulfill your order, including sending you emails to confirm your order status and shipment, and to provide other related communications.
2) To identify your preferences to customize our communications and marketing.
3) To manage and record your settings, consents, communications and opt-out choices.
4) To provide information regarding vision, vision care, and vision correction.
5) 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).
6) To send you information/materials via email, text, or mail about products, offers, and news. This information may relate to products, services, offers, and news of Luxottica products. Please see “Your Choices” below for more information.
7) To allow you to find an eyecare professional or doctor, distributor, store or sales consultant in your area and schedule eye exams or similar appointments with such persons.
8) To de-identify and/or anonymize your information.
9) 9) To operate and improve the Platforms, including to analyze visits to the Platforms and learn about our visitors so we can operate the Platforms and improve our products and services and deliver the best user experience.
10) To communicate with you, including responding to your inquiries.
11) To comply with the law and to maintain the security of our Platforms.
12) To create audiences for our advertisements, target our advertisements, and generate reports about the performance of our advertisements. As otherwise disclosed at the time of collection or use.
When you make a purchase, you can choose to save your information to obtain a faster checkout for purchases and/or you can choose to receive emails or texts, which provide you with information regarding our other products and services.
We obtain your consent before contacting you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing phone calls or text messages. You are not required to grant consent to telemarketing calls or texts as a condition of buying any goods or services. Also, you may revoke your consent at any time at the contact information listed at the end of this policy. Message and data rates may apply.
We will retain your personal information for the period necessarily to fulfill the purposes of your personal information collection, unless a longer retention period is required or permitted by law.
SHARING INFORMATION WITH THIRD PARTIES
We engage service providers to perform services in connection with the operation of our business. We may share personal information with service providers to the extent necessary for them to provide services to you or us that are aligned with the purposes outlined above. Examples of these services include payment processing and authorization, text messaging services, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing.
In proceeding with your online order, you agree that any information associated with the order, such as the delivery name and address (if different from yours), will be processed using service providers.
Personal information collected through our Platforms may be shared between the brands and affiliates, including future affiliates that are owned or operated by Luxottica of America Inc.
We also share personal information with selected third parties for their own marketing purposes (except for your phone number or biometric information). This also includes information collected through pixels and other tracking technologies operated by third parties, as described elsewhere in this Policy. See the “Your Choices” section of this Policy for more information.
We may also share your 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, information about customers will likely be transferred.
The Platforms may allow you to provide comments in various sections of our Platforms, such as in product reviews. Please be aware that the information you post in these areas may be available to visitors of the Platforms and to the general public. To the fullest extent allowed under applicable law, we do not monitor such content and are not responsible for material posted by you or others in these public forums.
We may share aggregated and de-identified information, or any other technical information, without limitation. For example, we may share aggregated demographic information about the Platforms 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 Platforms during a specific time period or who purchased a specific product through the Platforms, 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 and others on non-affiliated Platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Platforms and other sites or apps over time, including information about relationships among different browsers and devices.
Advertising Providers may use data collected in connection with our advertising campaigns for the following purposes:
For measurement and insight reporting (to produce and provide us with reports measuring the impact and performance of our advertising campaigns).
To produce benchmarking reports to share with their other customers, but such benchmarking reports will not identify you.
To target our ad campaigns to specific groups of individuals having particular characteristics.
To improve and optimize advertising services (for example, to support the objectives of our ad campaigns, improve the effectiveness of their own advertising services and determine the relevance of ads to individuals).
To personalize ads that the Advertizing Providers show, including to enhance user profiles with inferred interests
For their internal purposes, including (i) to promote and ensure the safety and security on and of their products and services; (ii) to detect and prevent malicious, deceptive, fraudulent, invalid or illegal activity; (iii) for research and development purposes; and (iv) to maintain the integrity of and to improve their products and services
To combine it with other data collected by Advertising Providers in order to provide greater insights in respect of our advertisements
We may also work with service providers that collect data about your use of the Platforms 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 Platforms by going to http://tools.google.com/dlpage/gaoptout.
We use a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. This session replay software may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), anonymized IP address, location (city/country), language, and similar metadata. This software does not collect information on pages where it is not installed, nor does it track or collect information outside your web browser.
We use this web-based analytics software because it gives us a tool to track the online behavior of visitors while on the Platforms and lets us replay visitors’ actions. This tool gives us the opportunity to make the Platforms better and, in turn, provide you with an enhanced online experience as well. Thanks to this tool, we are able to gain insight on how you and other visitors use the Platforms; for example, whether you can easily locate the “Find a Store” page or whether it takes multiple clicks to get to that page. Information about these small choices and interactions are of paramount value to us, as they can easily make your experience better and more intuitive and, more importantly, allow us to provide you with a more seamless, customer-friendly e-shopping experience while on the Platforms.
We may use pixel tags (also known as web beacons and clear GIFs) to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the services and response rates. Our Advertising Providers may use pixel tags to collect information for the purposes described above.
THIRD-PARTY LINKS & PLUG-IN
The Platforms 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 Platforms 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 Platforms, 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.
BIOMETRIC INFORMATION WE COLLECT
Through various technology features, including but not limited to our virtual technology features and/or when you upload a photo through one of our Platforms, we may collect data that potentially falls under the definitions of “biometric identifiers” or “biometric information” under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. and Texas Capture or Use of Biometric Identifier Act (“CUBI”), Bus. & Com. § 503.001 et seq. “Biometric identifiers” are defined as retina or iris scans, fingerprints, voiceprints, or scans of the hand or face geometry.
“Biometric information,” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
Any collection of biometric identifiers and biometric information are for the sole purpose of assisting you in viewing how certain eyeglasses may look on your facial features. We will not disclose or disseminate any biometric information to any entity, other than those contracted parties that assist us in providing this service to you, or as required by applicable federal, state or local law, or required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
We will not share your biometric identifiers and biometric information with any entity except in the following cases:
- We will share your biometric identifiers and biometric information with contacted parties that assist us in providing services to you via our Platforms
- We will share your biometric identifiers and biometric information where it is required by applicable federal, provincial, or local law
- We will share your biometric identifiers and biometric information where it is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction
We shall retain any biometric identifiers or biometric information for the limited period of time required to provide you with the service, and shall not exceed six months as long as you consent to such retention, maintain an account with us, and expressly request to save your virtual profile to your account. If you do not maintain an account with us we shall retain biometric identifiers or biometric information for up to six months, but we will not be able to retrieve or connect your information to your identity. After six months, all biometric identifiers or biometric information we have collected from you shall no longer be retrievable or readable by our operating systems or applications.
We use appropriate technical, administrative, and physical safeguards to store, transmit, and protect from disclosure any biometric identifiers or biometric information collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same or more protective than the manner in which we store, transmit, and protect from disclosure other confidential and sensitive information.
Biometric information will only be collected by us with your prior explicit consent. Before using our virtual technology features, you will be prompted with a copy of this policy. By clicking “I accept” you are consenting to our collection and storage of your biometric identifiers or biometric information.
CALIFORNIA CONSUMER PRIVACY RIGHTS
Your Rights and Choices
The California Consumer Privacy Act of 2018 (“CCPA”), and other California privacy laws, provide California consumers specific rights concerning their personal information, including, the right to request that we disclose what personal information we collect, use, disclose, and sell. This section describes your rights and how you may exercise those rights as well as describes how we, Luxottica, and third parties handle your personal information. As described in this Policy, we may also make your information available to third parties for their direct marketing purposes (except for your phone number or biometric information).
If you choose to exercise these rights, we will not discriminate against you because of it.
You or your authorized agent can request: 1) a disclosure of your personal information we collect, use, disclose, or sell; 2) to delete your personal information we collect, or maintain; and 3) to opt-out of the sale of your personal information. If you choose to submit a request through an authorized agent, we will require proof that the authorized agent has your written permission to submit a request on your behalf. Additionally, we may require you to verify your identity with us through the verification process detailed below.
Requests to Know and Requests to Delete
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The specific pieces and categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists
- sales, identifying the personal information categories that each category of recipient purchased.
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request to delete, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
You may submit a request to know or request to delete, free of charge, online through our interactive webform here, or through our toll-free number at
You may submit a request to know or request to delete, free of charge, online through our interactive
or through our toll-free number at: Target Optical: 877-848-8476
Note: for requests to delete, we will require you to separately confirm that you want your personal information deleted. To verify your identity, we require you provide your name and email and to confirm your identity through a confirmation email message. For some requests, we may also require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. Once submitted, you will receive an email within 10 business days that we will use to verify your identity and provide confirmation of your request. If we cannot verify your identity within 45 days, we may deny your request. We will respond to your request to know or request to delete within 45 days from the day we receive the request. If necessary, we may extend the time period to a maximum total of 90 days from the day we receive the request. In such case, you will receive an email notifying you of the extension and explaining the reason for the extension. Any disclosure in response to a request to know will cover the 12-month period preceding the business’s receipt of the request and will be delivered in a readily useable digital format, or by mail at your request.
Your request to know or request to delete may be denied for any reason allowable under the CCPA. For example, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it or any other purpose permitted by the CCPA.
Similarly, we may deny requests:
- If the information is not subject to the CCPA or otherwise excluded from the CCPA’s scope.
Excluded information may include the following:
- publicly available information from government records;
- deidentified or aggregated consumer information;
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994; and
- certain workforce-related personal information and business-to-business communication.
- For specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks.
- To access or delete information that is de-identified.
- If your identity cannot be verified to a degree of certainty required by the CCPA.
- From an authorized agent that does not submit proof that they have been authorized by the consumer to act on the consumer’s behalf.
Request to Opt-Out
If you are 16 years of age or older, you have the right to opt-out from a sale of your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and less than 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you may submit a request at Do Not Sell My Personal Information or
through our toll-free number at
Do Not Sell My Personal Information or
through our toll-free number at: Target Optical: 877-848-8476
We will act upon your request no later than 15 days from the date we received the request. Note that we may deny a request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.
Collection of Personal Information
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||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.||YES|
|C. 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).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||YES|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||YES|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||YES|
|K. Inferences drawn from other personal information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
We may obtain the categories of personal information listed above from the following categories of sources:
- Directly from you or your agent.
- Indirectly from you or your agent. For example, through information we collect in the course of providing services.
- Directly and indirectly from activity on our websites. For example, via signups on our Platforms, such as through the creation of an account.
- Indirectly through pixels and other tracking technologies operated by us or third parties on the Platforms.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill an order.
- To provide you with information, products or services that you request from us.
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To improve our website and present its contents to you.
- For testing, research, analytics and development.
- To create audiences for our advertisements, target our advertisements, and generate reports about the performance of our advertisements.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
Sharing Personal Information
In the preceding twelve (12) months, we have disclosed and/or sold personal information to third parties for a commercial or business purpose, as authorized under applicable law. We do not sell the personal information of minors under 16 years of age without affirmative consent.
In the preceding twelve (12) months, we have disclosed and sold the following categories of personal information for a business purpose to the following categories of third parties indicated in the chart below.
|Personal Information Category||Business Purpose Disclosures||Sales|
|A. Identifiers.||Parent or Subsidiary Organizations
Operating Systems and Platforms
Data Analytic Providers
Data Analytic Providers
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||Parent or Subsidiary Organizations
Operating Systems and Platforms
Data Analytic Providers
Data Analytic Providers
|C. Protected classification characteristics under California or federal law.||Parent or Subsidiary Organizations
Operating Systems and Platforms
|D. Commercial information.||Parent or Subsidiary Organizations
Operating Systems and Platforms
Data Analytic Providers
|E. Biometric information.||Parent or Subsidiary Organizations
Operating Systems and Platforms
|F. Internet or other similar network activity.||Parent or Subsidiary Organizations
Operating Systems and Platforms
Data Analytic Providers
Data Analytic Providers
|G. Geolocation data.||Parent or Subsidiary Organizations
Operating Systems and Platforms
Data Analytic Providers
|H. Sensory data.||None||None|
|I. Professional or employment-related information.||None||None|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Parent or Subsidiary Organizations
|K. Inferences drawn from other personal information.||Parent or Subsidiary Organizations
Operating Systems and Platforms
If you have questions or concerns regarding this Policy, please direct inquiries to: firstname.lastname@example.org.
RESIDENTS OF CANADA
Subject to exceptions set out in privacy legislation, residents of Canada may request to view, update, or correct their personal information by contacting our privacy officer 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. Please keep in mind that certain information may be subject to exceptions if, for example, the information is protected by solicitor-client privilege, part of a formal dispute resolution process, about another individual that would reveal their personal information or confidential commercial information, or would be prohibitively expensive to provide.
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.
You can control the tools on your mobile devices. For example, you can turn on and off the GPS locator or push notification on your phone. Please consult your mobile device’s user guide for instructions on clearing cookies, enabling and disabling location services, and disabling push notifications.
As described in this Policy, we may also make your information available to third parties for their direct marketing purposes (except for your phone number or biometric information). Pursuant to California Civil Code § 1798.83, no more than once per calendar year, California residents may request that we send you via mail or email: (1) the categories of personal information disclosed to those third parties; and (2) the names and addresses of those third parties. To request this information, please contact us at email@example.com. Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent at any time. However, such withdrawal may mean you will not be able to use or (fully) benefit from our services, features or offerings. Also, we may keep using or communicating your personal information following your consent withdrawal to the extent permitted or required under applicable law. To withdraw your consent, if applicable, you can contact our customer service department using the information in the “Contact” section below.
You can opt out at any time of receiving future promotional emails from Luxottica by following the unsubscribe procedures indicated in each email. Even if you opt out of receiving promotional emails from Luxottica, we will send you transaction emails and respond to questions from you.
We understand the importance of protecting children’s privacy, especially in an online environment. Our Platforms are not intentionally designed for or directed at children less than 16 years of age. We do not knowingly collect personal information from children under the age of 16 without the consent of the child’s parent or guardian. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any personal information relating to children that we have collected, we will take steps to securely remove it from our systems.
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 Platforms 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.
INTEREST-BASED ADVERTISING AND CHOICE
We may engage and work with service providers and other third parties to serve advertisements on the service and/or on third-party services. Some of these ads may be tailored to your interests based on your browsing of the service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the service (i.e., “retargeting”).
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps.
Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.
Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you Interest-based Advertising will do so as well, though we cannot guarantee their compliance. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
When required by applicable law, we ensure that, by default, the parameters of our Platforms provide the highest level of confidentiality without any intervention by you. This means, notably, that any cookies and any other technologies with features allowing you to be identified, located or profiled (including for interest-based behavioral advertising activities described below) will be turned off by default, until you activate them directly in the privacy and cookies settings manager or authorize us to do so.
TRACKING ACROSS TIME AND TECHNOLOGIES DISCLOSURE
Some information about your use of the service and certain third-party services may be collected by us or by third parties 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 [March 7, 2022]
CONSUMERS WITH DISABILITIES
To request this Policy in an alternative format, please reach out to us at the Contact information provided below.
Green shipping option is fulfilled by logistics providers using sustainable solutions to reduce climate impact. Delivery may take up to 7 business days.
The providers calculate carbon emissions from pickup to delivery; the carbon emissions are then offset through climate protection projects including reforestation, renewable energy, waste disposal, wind power and others, supported by the logistics providers.
The carbon neutral service is verified by a certified auditing company (i.e. Société Générale de Surveillance)
Below the list of the Green Shipping Suppliers
- UPS (itself or in partnership with USPS): https://www.ups.com/us/en/help-center/shipping-support/carbon-neutral/recipient.page
- DHL (itself or in partnership with USPS): https://www.dhl.com/us-en/home/press/press-archive/2021/dhl-launches-100-percent-carbon-neutral-us-domestic-product.html
*Some exclusions may apply.
In the unlikely event your personal information is accessed, lost, or stolen by an unauthorized third party, Luxottica will exercise commercially reasonable efforts to notify you to the extent required by law and disclose to you the personal data that was accessed/disclosed using the contact information provided to us or by other reasonable means.
If you have questions or wish to contact us about this Policy, please direct inquiries to:
Privacy Office Luxottica of America Inc. 4000 Luxottica Place Mason, Ohio 45040 Phone: 513-765-4321 Email: firstname.lastname@example.org
LUXOTTICA RETAIL INSURANCE ONLINE CLAIMS SYSTEM TERMS AND CONDITIONS
Welcome to the Luxottica Retail Insurance Online Claims System ("System") provided by Luxottica
Retail ("Luxottica," "we," "us," or "our").
The System is intended to benefit Vision Care insurance network Members and their authorized agents ("Members") by providing access to review information related to Members ("Members") and help said Members address benefits inquiries, product inquires, facilitate claim submissions, lab material submissions, and review expected payment information for their Luxottica Retail eCommerce transactions.
These Terms and Conditions ("Terms"), and the other documents referenced in these Terms, together form a binding legal agreement ("Agreement") between you ("you" and "your") and EyeMed as of the date you first access the System or accept these Terms, including electronically (the "Effective Date"). You and Luxottica Retail are each a "party" to the Agreement and together are the "parties" to this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. ALL USE OF THE SYSTEM AND ALL DATA AND INFORMATION AVAILABLE THROUGH THE SYSTEM ARE SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. BY ACCESSING OR USING THE SYSTEM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SYSTEM AND IF YOU VIOLATE THIS AGREEMENT LUXOTTICA RETAIL RESERVES THE RIGHT TO BAN YOU FROM ACCESSING IT IN THE FUTURE.
All capitalized terms shall have the meanings given to them herein.
The System is for use only by eligible Vision Insurance Members for personal purposes and not for competitive information. You represent and warrant to Luxottica Retail that you are and will remain a Member in good standing with your insurance provider and will not
The term of this Agreement will begin upon the use of this service and will continue until terminated as set forth herein.
4. System ACCESS
During the term of this Agreement, and provided that you remain in compliance with both this Agreement and your own Member Agreement provided by your insurance, Luxottica Retail will permit you to access and use the System and the System Services solely for your own personal use in accordance with the terms of this Agreement and your Member Agreement. In case of conflict between the two documents this document will supersede on matters regarding access to our services. Your right to access and use the System is non-exclusive, non-transferrable, and non-sublicensable. Except as expressly stated in this Section, Luxottica Retail grants you no rights or licenses to access or use the System or any System Services, whether by implication, estoppel, or otherwise. Operation of the API is intended solely for the purpose of allowing individual end users of the Luxottica Websites who have indicated they are EyeMed members or members of another vision care provider listed in the drop down menu above or a Member’s authorized representative (as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA")) ("End Users") to access the API Services for the sole purpose of seeking materials from Provider, as permitted under the terms and conditions of the Provider Agreement.
5. System ACCOUNT
It is preferred that before you access the System or any System Services, you establish an account for the System (your "Account"). All Accounts are issued at the sole discretion of Luxottica Retail . Your Account and the user credentials for your Account ("Account Credentials") are unique to you. Your Account is for your own use and your Account Credentials may be used only by you alone. You may not transfer your Account to someone else. You also may not provide your Account Credentials to anyone else or give a third party access your Account. You will ensure the security and confidentiality of your Account Credentials and will notify Luxottica Retail immediately if your Account Credentials are lost, stolen or otherwise compromised. You are solely responsible for your Account and all use of the System through your Account. You are fully responsible for all actions taken through your Account (or using your Account Credentials) and for any liabilities and damages incurred through the use of your Account (or your Account Credentials), whether lawful or unlawful. In connection with establishing your Account and accessing the System, you will be asked to submit certain information ("Account Information"). You agree that (a) all Account Information you provide will be true and complete, and (b) you will promptly update your Account Information to keep it accurate and current. You may not (i) select or use Account Credentials of another person or entity with the intent to impersonate that person or entity; and (ii) use Account Credentials that Luxottica Retail, in its sole discretion, deems offensive or misleading.
All access to and use of the System must be solely as expressly permitted herein. You acknowledge that the System and the software, hardware, and other technology used to provide the System and the System Services (collectively, the "System Technology"), constitute the valuable IPR (as defined below) of Luxottica Retail. As an express condition to the rights granted to you under this Agreement, you will not and you will not permit any third party to: (1) use or access the System Technology or any portion thereof for any purpose except as expressly provided in this Agreement; (2) modify, adapt, alter, translate, or create derivative works from the System Technology; (3) distribute, lend, loan, lease, license, sublicense, transfer, or make available the System Technology or any rights in or to the System Technology to any third party; (4) access or use the System Technology in violation of your Member Agreement or in any unlawful, illegal, or unauthorized manner; (5) access or use the System Technology in any manner that could damage, disable, overburden or impair the System Technology; (6) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, design, or method of operation for the System Technology; (7) circumvent or overcome (or attempt to circumvent or overcome) any technological protection measures intended to restrict access to the System Technology; (8) interfere in any manner with the operation of the System Technology or attempt to gain unauthorized access to the System Technology; (9) use automated scripts or processes to collect information from or otherwise interact with the System Technology, including screen scrapping, bots, and other automated scripts; (10) use the System, System Services, or System Data for patient recalls, Customer Relationship Management or associated systems, or other marketing activities; or (11) alter, obscure or remove any copyright notice, copyright management information or proprietary legend contained in or on any System Technology.
Luxottica Retail reserves the right to modify or release new versions of System and the System Services at any time by making those modifications or new versions available to you as part of System or the System Services.
You are solely responsible for all support relating to your use of System and the System Services. Unless stated in your Member Agreement or a separate support agreement between Luxottica Retail and you, Luxottica Retail is under no obligation to provide you with any support relating to System or any System Services, provided that Luxottica Retail may provide support to you if deemed necessary or appropriate by Luxottica Retail.
9. NO ADDITIONAL CONSIDERATION
There are no separate fees payable for access to System or the System Services under this Agreement in addition to those amounts payable under your Member Agreement, the receipt and sufficiency of which you acknowledge and agree serve as adequate consideration under this Agreement
Luxottica Retail retains all right, title, and interest in and to the System Technology and all System Services, any updates, upgrades, enhancements, modifications and improvements thereto, created by either party, either alone or with the other party or any third party ("Improvements"), and all intellectual property and proprietary rights therein or relating thereto throughout the world, including all copyrights, trademarks, trade secrets, patents (and patent applications), moral rights, rights in data and databases, and other intellectual property and proprietary rights throughout the world ("IPR"). You receive no ownership interest in or to any of the foregoing, and no rights or licenses are granted to you to access or use any of the foregoing, except for the rights expressly granted to you under this Agreement. You agree to and hereby do assign to Luxottica Retail any and all right, title or interest in or to any Improvements, and all IPR therein or relating thereto, that you may acquire at any time. The names and logos of Luxottica Retail and those of its affiliates, Members, and licensors are trademarks of Luxottica Retail or such affiliates, Members, or licensors, as applicable, and no right or license is granted to you to use them.
11. TERMINATION AND SUSPENSION
This Agreement will terminate upon any termination or expiration of your Member Agreement. This Agreement will also terminate as specified below. Termination of this Agreement will not affect your Member Agreement, unless the grounds for termination of this Agreement are also grounds for termination of your Member Agreement. In addition to any termination of this Agreement, Luxottica Retail may suspend your access to any part of System (or any System Services through the System) at any time if Luxottica Retail in its sole discretion deems such suspension reasonable to prevent any breach of this Agreement or applicable law or any damage, injury, or harm to Luxottica Retail, the System Technology, any other Luxottica Retail Member, or any third party. Luxottica Retail may also ban specific IP addresses associated with any attempts to breach this contract. Luxottica Retail may also terminate this Agreement upon notice if Luxottica Retail ceases offering the System or replaces the System with any new system or platform. Upon any termination or expiration of this Agreement: (a) all rights granted to you hereunder will immediately terminate; (b) Luxottica Retail may cease providing you with access to the System (and any System Services through the System); (c) you will cease all use of the System (and all System Services through the System); and (d) you will return to Luxottica Retail or (if so notified by Luxottica Retail) destroy, all Confidential Information in your possession or control. Upon the request of Luxottica Retail, you will certify in writing to your compliance with this Section. The relevant portions of Sections 1, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 will survive termination of this Agreement for any reason.
12. REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant to Luxottica Retail that: (1) You will maintain all rights, power, and authority necessary to enter into this Agreement and perform all of your obligations under this Agreement; (2) Your use of the System and the System Services through the System will be at all times in compliance with this Agreement and applicable law; (3) Your use of the System Services will be at all times in compliance with your Member Agreement; (4) Your use of the System and the System Services will not violate, and will not cause Luxottica Retail to violate, any federal, state, or local laws, rules, or regulations or the rights of any third party; and (5) except as set forth herein, you will obtain all rights, licenses, permits, and other approvals required for your use of and access to the System (and the System Services through the System) and your performance under this Agreement; (6) the person using this system is at least 18 years of age
13.1 No professional advice
The system and the online claim system services do not provide vision or other medical or professional advice and are not intended to be a substitute for vision or other medical or professional advice, diagnosis, treatment or recommendations. All data, information, and content made available through the system and the online claim system services is for informational purposes or general guidance only. Your use of the system and the system services does not create a professional relationship with Luxottica retail and does not create any privacy interests other than those described herein or in your member agreement. Luxottica retail does not recommend or endorse any specific physicians, products, procedures, opinions or other content that may be available through the system or system services. Your reliance on any content appearing on the site is solely at your own risk.
13.2 No additional warranties
All system technology (including the system and all system services) is provided by Luxottica retail and its licensors and members on an "As is" and "As available" basis, without any representations, warranties or covenants of any kind. Luxottica retail expressly disclaims, and you disclaim any reliance on, all representations, warranties and covenants, whether express or implied, regarding this agreement and the system or any system technology, including any and all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. No oral or written information or advice given by Luxottica retail or its agents or representatives will create any representations, warranties or covenants unless confirmed in writing by Luxottica retail as an amendment to this agreement.
14. CERTAIN LIABILITIES
You will indemnify, hold harmless, and defend Luxottica Retail, its affiliates and subsidiaries, and each of their respective officers, directors, employees, contractors, and agents from and against any damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) incurred in connection with or as a result of: (1) your use of or access to the System and the System Services; (2) your breach of any provision of this Agreement; or (3) damage to property or injury to or death of any person directly or indirectly caused by you. Luxottica Retail agrees to give you prompt notice of any claim subject to this Section.
15. LIMITATION OF LIABILITY
In no event will Luxottica retail be liable to you or to any third party for any special, indirect, incidental, exemplary, punitive, or consequential losses or damages of any kind arising out of or in connection with the system, any system services, or this agreement, including any lost, corrupted or altered data or information, loss of use of data or information, recovery of data or information, or loss or interruption of business or revenue, even if a party has been advised of the possibility of such losses or damages and whether or not such losses or damages are foreseeable. The maximum cumulative liability of Luxottica retail relating to the system, any system services, or this agreement will under no circumstances exceed the compensation paid to Luxottica retail under this agreement in the three  months prior to the events giving rise to such liability. In jurisdictions where limitation of liability for consequential or incidental damages is not permitted, each party’s liability is limited to the maximum extent permitted by law.
16.1 Your Data
The data and information you provide or make available through the System or when accessing the System Services through the System, including all claims data ("Your Data"), is subject to your Member Agreement. This Agreement does not limit the obligations or responsibilities of either party under your Member Agreement regarding Your Data and each party remains responsible for its use and processing of Your Data as specified in your Member Agreement. Without limiting the foregoing, Luxottica Retail may rely upon the accuracy and completeness of Your Data and is not responsible if any of Your Data is inaccurate and incomplete. You will obtain all rights, authorizations, consents, and permissions necessary to provide Your Data to Luxottica Retail through the System and to permit the processing of Your Data through the System and the System Services under this Agreement. You will notify Luxottica Retail promptly of any unauthorized submission of Your Data through the System. Except as may be specified in your Member Agreement, Luxottica Retail is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure with respect to Your Data. Subject to your Member Agreement, Luxottica Retail may take remedial action if Your Data violates this Agreement, provided that Luxottica Retail is under no obligation to review Your Data for accuracy, completeness, or potential liability.
16.2 System Data
As between the parties, any data and information provided or made available to You through the System or the System Services, excluding only Your Data ("System Data"), is the property of Luxottica Retail and its data Members. You will request and obtain System Data through the System only as permitted under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") for treatment, payment, and healthcare operations purposes related to the End User to which such System Data relates and you will access, use, disclose, and process System Data solely for such purpose, at all times only as permitted by the Member Agreement. Except as may be expressly provided in your Member Agreement, all System Data is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all System Data before using or relying rely upon any System Data. Except as may be expressly permitted in this Agreement or your Member Agreement, You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any System Data; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any System Data; (c) store or retain any System Data, including for purposes of assembling a database or dataset based on or containing System Data; or (d) otherwise access, use, disclose, or process System Data. You will not alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any System Data. You will implement reasonable and appropriate information security safeguards to prevent access, use, disclosure, or processing of System Data other than as permitted under this Agreement. As part of the foregoing, You will maintain a written information security program, including administrative, physical, and technical safeguards designed to protect the confidentiality, security, and integrity of System Data and to prevent any unlawful, unauthorized, or improper access, use, disclosure, or processing thereof or any breach or compromise of Your information security safeguards ("Data Incident"). You will promptly, but in no case less than two  business days, notify Luxottica Retail of any suspected or actual Data Incident. You will maintain policies and procedures for remedying and mitigating the effects of any Data Incident. You will fully cooperate with Luxottica Retail in the investigation, mitigation, and remediation of any Data Incident. You will comply with any request and follow any instruction received from Luxottica Retail as necessary for Luxottica Retail or you to comply with applicable law or regulation with respect to any System Data or the access, use, disclosure, or processing thereof, including any valid request by any Member or other third party to restrict or limit access to, delete, provide access to, amend, or provide an accounting with respect to System Data. Notwithstanding the foregoing, nothing in this Section is intended to limit the rights of any End User to utilize any System Data regarding that End User as allowed under applicable law.
For purposes of this Agreement, "Confidential Information" means the System Data and all other System Technology, and all other documentation, information, data, and materials made available by Luxottica Retail regarding the System Technology and the existence and availability thereof, regardless of form, including all copies thereof. You will use the Confidential Information only if expressly permitted to do so by Luxottica Retail herein or in writing and, if not permitted to do so, will not use such Confidential Information. You may disclose the Confidential Information only to those of your employees who have a need to know the Confidential Information for purposes of the use of the System and the System Services hereunder and who are bound by a legal obligation of confidentiality at least as protective of the Confidential Information as this Agreement. You will not otherwise disclose the Confidential Information without Luxottica Retail’s prior written consent. You will treat all Confidential Information with the same degree of care as you treats your own confidential information which, in no event, will be less than reasonable care.
Any information, content, or materials you provide to us regarding the System, including any feedback, comments, or suggestions relating to the use, operation, performance, functionality, or features of the System or any System Services ("Feedback") is entirely voluntary. We will be free to use any Feedback as we see fit for any purpose and without any without notice, payment, or other obligation to you. All use of any Feedback will be at our sole discretion.
All media releases or other public announcements by your that reference this Agreement or the System or the System Services, whether generally or by name, shall be coordinated with and approved in advance and in writing by Luxottica Retail prior to the release thereof; provided, however, that nothing in this Section shall be construed to limit your right to issue such disclosures as are reasonably believed by your legal counsel to be required by law. You shall not, without Luxottica Retail’s prior written consent, use or display Luxottica Retail’s logos, trademarks, service marks, or any variations thereof, including in any of its promotional, advertising, or other materials.
Any notice or other communication required or permitted under this Agreement shall be made as specified by your Member Agreement, provided that Luxottica Retail may provide notices to you regarding the System and the System Services either through your Account or by electronic mail transmission, any such electronic mail deemed to be received when confirmed by Member.
21. GOVERNING LAW AND VENUE
This Agreement will be governed by the laws of the state specified in your Member Agreement. If no such state is specified in your Member Agreement, this Agreement will be governed by the laws of the State of Ohio (USA), without regard to conflicts of law principles thereof. The parties acknowledge and agree that the federal and state courts specified in your Member Agreement will have sole and exclusive jurisdiction over any disputes arising hereunder. If no such courts are specified in your Member Agreement, the parties acknowledge and agree that the federal and state courts located in Hamilton County, Ohio (USA) will have sole and exclusive jurisdiction over any disputes arising hereunder. The parties irrevocably submit to the personal jurisdiction of such courts.
You may not assign this Agreement in whole or in part, or transfer or delegate any of your rights or obligations under this Agreement, to any third party, whether by assignment, sale, merger, reorganization, operation of law, or otherwise, without the prior written consent of Luxottica Retail. Notwithstanding the foregoing, in the case you validly assign your Member Agreement to a third party, this Agreement will be deemed automatically assigned to the same third party receiving such assignment of your Member Agreement. For the purposes of this Agreement, any change of control of your organization will be deemed an assignment. Luxottica Retail may assign this Agreement, with or without notice to you, to any affiliates, successors, or assigns. Any assignment in violation of the foregoing will be null and void, and will be considered a breach of this Agreement.
23. INJUNCTIVE RELIEF
You acknowledge and agree that due to the unique nature of the System Technology, there may be no adequate remedy at law for any breach of its obligations hereunder, that any such breach, including, in particular, any unauthorized use or release of the System Technology or any System Data or Confidential Information may allow you or third parties to unfairly compete with Luxottica Retail, resulting in irreparable harm to Luxottica Retail. Therefore, upon any such breach of this Agreement or any threat thereof, Luxottica Retail, in addition to whatever remedies that Luxottica Retail might have at law, will be entitled to obtain injunctive or other appropriate equitable relief against you in any court of competent jurisdiction without the need to post a bond.
24. ENTIRE AGREEMENT
This Agreement is the complete and exclusive agreement between you and Luxottica Retail regarding, and supersedes all oral or written agreements or understandings between the parties with respect to, the System and the System Technology and the use of and access to the System and the System Services through the System. Luxottica Retail may, in its sole discretion, modify this Agreement from time to time. Luxottica Retail will use commercially reasonable efforts to provide notice of any material modifications to this Agreement. Notice may be provided to you directly through the System or through any other form of notice permitted hereunder. Your continued access to the System or the System Services following such modification constitutes your acceptance of, and agreement to be bound by, any modified Agreement. Except for the foregoing, this Agreement may be amended or modified only by a writing signed by both parties.
The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is held by an arbitrator or a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force and effect. Luxottica Retail will not be held responsible for failure or delay in the performance of any obligation under this Agreement if such failure or delay is beyond its reasonable control. The parties are independent contractors, and nothing in this Agreement will be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. Neither party is an agent of the other and neither party is authorized to make any representation, contract, or commitment on behalf of the other party. No term of this Agreement will be construed to confer any third-party beneficiary rights on any non-party. Each and every right and remedy hereunder is cumulative with each and every other right and remedy herein or in any other agreement between the parties or under applicable law. The System and other System Technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You will strictly comply with all such laws and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required. The words "include," "includes" and "including" means "include," "includes" or "including," in each case, "without limitation." You expressly waive any applications of the U.N. Convention on Contracts for the International Sale of Goods with respect to the performance or interpretations of this Agreement.
what is it?
Pupillary distance measures the space (in millimeters) between the pupils of your eyes.
where can I find it?
On previous eyewear receipts or your prescription. Or measure it yourself with our handy PD ruler.download PD ruler
I have two numbers for my PD...
Don't worry. Some doctors take your distance for each eye. Your just a simple equation away from your pupillary distance.
1.Add the two numbers
The first step is to add the numbers together. We recommend a calculator because no one's perfect.
2.Divide by 2
Once you have the two numbers added together just divide them by 2 and that is you're pupillary distance!
Double check your number and then enter it in the pupillary distance field.
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