TERMS AND CONDITIONS

VISOLOGY, INC. operates and provides services through its website, visologyus.com (“Site”) and through its retail locations, including all information, software, portals, products, communications and services available from the Site or its retail locations, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated herein. Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully before accessing or using the Site. Throughout these Terms and Conditions, VISOLOGY, INC. is also referred to as “Visology”, “we” or “us.” Throughout the Terms and Conditions, you are referred to as “you” or “user(s).” We will also refer to the Site, our retail locations, and the services available through them as the “Services”.

Your access and use of the Services bind you to the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not use the Services.

We may modify these Terms and Conditions at any time as we may choose to do so. Any modifications made to the Terms and Conditions will be effective immediately upon posting on the Site or through our retail locations. By accessing or using the Services, you agree to be bound by all of the Terms and Conditions as posted at the time of your access or use. You agree to review the Terms and Conditions posted each time you use the Services so that you are aware of any modifications made to these Terms and Conditions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GENERAL DISCLAIMER

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES IS PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Site or the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of the Site and Services are responsible for maintaining a means external to the Site for the reconstruction of any lost data.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part thereof, with or without notice.

YOUR ACCOUNT

You may be able to navigate some of the Services without creating a user account (”Account”); but certain Services (like making a purchase proceeding with a Virtual Try-On) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services. In order for Us to provide you the best possible service, you agree to provide Us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which We will not be responsible. You should not share your Account information with others nor should You use someone else’s Account without their permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

AFFILIATES

While VISOLOGY, INC. does not provide medical services such as performing eye-exam, we ma provide you with alternative options to obtain an eye-exam prescription through a third party, separate corporation such as Visibily, Inc., a third-party provider service, to assess your information in order to provide a prescription for any eyewear which you may order from Visology through your use of the Services. If you decide to utilize services provided by Visibly, you further agree that Visology may share any information you provide to Visology, to Visibly, as may be required by Visibly. Such information may include, but is not limited to, personal health information (“PHI”). You further acknowledge and agree that Visibly may share the results of any services they provide to you, including but not limited prescriptions for eyewear, to Visology, in order to allow you to utilize the Services and receive any products you order from Visology with the prescription. Please note that if you select to use Visibly, you may be bound to additional terms and conditions and policies provided and controlled by Visibly.

If you receive an eyewear prescription as a result of your use of Visibly’s services, you agree to allow Visibly to share a copy of the prescription with Visology. It is your right to use that prescription to purchase eyeglasses from anywhere you’d like. You will also be subject to our Informed Consent.

NO MEDICAL ADVICE OR SERVICES

The information provided to you by VISOLOGY, INC. through the Services is made available with the express understanding that neither VISOLOGY, INC., nor its employees, agents, independent contractors or service providers, nor the Site itself are dispensing medical advice, Diagnosis or treatment. The Services are not intended to be a substitute for professional medical advice, diagnosis or treatment.

VIRTUAL TRY-ON

Visology is committed to providing you with the ultimate eyewear shopping experience where purchasing your eyeglasses becomes effortless, intuitive, and enjoyable. By utilizing the Services, you allow us to obtain a 3D scan of your face to allow you to engage with a “Virtual Try-On” (“VTO”) feature that allows for the input of facial images and frame specifications to preview a frame on your face and supply measurements for fitting and adjusting that frame for eyewear, both prescription and non-prescription. The frames you may use in the VTO are digitized versions of the frames offered through Visology. You are then able to select the frame you like and place an order using specifications of your preference. If your frame requires a prescription, you will have the option to provide Visology with information as to your prescription so that your frames can be developed accordingly. If you do not have a prescription but would like to obtain one, you may use any provider of your choice. Alternatively, Visology provides you with the option to utilize a third-party vendor, Visibility, to obtain a prescription.

GETTING YOUR EYEWEAR

Visology sells eyeglasses and sunglasses with either prescription or non-prescription lenses. To order frames, select your desired frame and click the “Add to Cart” button to add it to your order. When you check out, you will have the option of choosing between prescription and non-prescription lenses. If you are purchasing prescription lenses, you will be required to provide us with a valid prescription via the Services. We keep your prescription on file for some time after you order your glasses, and We make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take Us a few days to retrieve older prescriptions. Please keep that in mind if you need your information by a certain day or time. By requesting a copy of your prescription via email, you consent to VISOLOGY, INC. or an sending your prescription over unencrypted email.

You may also use out Virtual Try-On (“VTO”) service, whereby you allow us to take a facial scan of your face in order to measure your facial dimensions and capture a 3D image of your face in order to support your experience with the viewing and purchasing of eyewear offered by Us. The VTO feature allows for the input of facial images and frame specifications to preview a frame on your face and supply measurements for fitting and adjusting that frame for eyewear, both prescription and non-prescription. The frames you may use in the VTO are digitized versions of the frames offered through Visology. You acknowledge and agree that facial scans, VTO, and digitized frames may not be 100% accurate and the end result, including the fit and aesthetic look of a frame on Your face, may be different.

Fulfillment: In order for us to fulfill Your order(s) You will need to provide us with your name, address, and telephone number to complete your order and send you your purchase. For information about shipping, delivery, tracking, and returns, please see our Fulfillment Policy.

Payment: By entering your payment information and submitting your order, you authorize Us (through our third-party payment processors) to charge the amount of the order to your selected payment method.

NOTICE REGARDING MOBILE DEVICES

If you choose to use the Facial Scan Feature for the VTO, you acknowledge and agree that the facial scan may contain precise measurements of your face, which may work to unlock a phone or app protected by FACE ID. VISOLOGY, INC. will never use your facial scan to unlock a smartphone protected with Face ID. However, Visology may send you email correspondence from time to time containing your facial scan for marketing purposes. You acknowledge and agree that VISOLOGY, INC. shall not be liable for any use or misuse of the facial scan received by you.

COMMUNICATING WITH US

By acknowledging these Terms & Conditions, you are opting-in receive text messages from Us or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages) from VISOLOGY, INC. (including text messages sent on behalf of our Affiliates), some of which may be considered marketing under certain laws and may be sent using an autodialer. If you provided your phone number to Us in the course of seeking, receiving, or paying for HIPAA-covered health care services (e.g., making an appointment or filling an optical prescription), then We will not use that phone number to send you text messages for marketing, as defined by HIPAA, without your express authorization or unless as otherwise permitted by HIPAA or other applicable law. You also represent that you are the owner or authorized user of the mobile device you use to subscribe for the mobile service and that you are authorized to approve the applicable charges. You’ll be responsible for all messaging and data charges that may apply. You can opt-out of receiving text messages from Us at any time by texting “STOP” from the mobile device receiving the messages.

FORCE MAJEURE

You agree that VISOLOGY, INC. shall not be liable for any and all losses, damages, costs, claims, and other liabilities that arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of the VISOLOGY SCIENCES, INC. or any of our employees, agents, independent contractors or service providers (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).

WARRANTIES AND LIMITATION OF LIABILITY

VISOLOGY, INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. Neither VISOLOGY, INC. nor its employees, agents, independent contractors, third-party information providers, merchants, licensors or the like warrant that the Site, the Services, or its operation will be reliable, uninterrupted or error-free. No agent or representative of VISOLOGY, INC. has the authority to create any warranty regarding the Site or the Services on behalf of VISOLOGY, INC. VISOLOGY, INC. reserves the right to change or discontinue at any time any aspect or feature of the Services.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VISOLOGY, INC. OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE SITE OR THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SITE OR THE SERVICES, DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR SERVICES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO VISOLOGY, INC. OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE SITE OR THE SERVICES.

VISOLOGY, INC. IS NOT RESPONSIBLE FOR THIRD-PARTY WARRANTIES OR FOR ANY EFFECT THAT THE SERVICES MAY HAVE ON THOSE WARRANTIES. THIRD-PARTY PRODUCTS SHALL BE EXCLUSIVELY SUBJECT TO THE TERMS AND CONDITIONS BETWEEN USER AND THE MANUFACTURER OF SUCH THIRD-PARTY PRODUCTS. “THIRD-PARTY PRODUCTS” MEANS ANY HARDWARE, SOFTWARE, OR SERVICES THAT USER PROVIDES OR REQUIRES TO BE USED IN CONNECTION WITH THE SITE.

USERS AGREEMENT

Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. Users will not use the Services for any purpose in violation of local, state, national or international laws. Users will not publicly post identifiable “protected health information” as defined by the Health Insurance Portability and Accountability Act (“HIPAA”) regulations. Users will not use the Services as a means to distribute advertising or other unsolicited material to any third party. Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion. Users shall not impersonate another person.

Users will not hold us or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to), negligence, loss of wages, revenue or business because of any services related to or provided by this Site or the Services. The sole and exclusive remedy for dissatisfaction with the Services will be to stop using the Services.

User agrees and understands that some of the products and/or services provided by the Site or the Services are not in the direct control or ownership of VISOLOGY, INC. As such, Users agrees that VISOLOGY, INC. shall not be liable for any use, misuse, or issues that may arise out of the products or services offered through the Site or the Services, including but not limited to use or misuse of any Facial Scans, or accuracy in any Eye-Exam performed by a third party, such as Visibily. For more information, please see the Visology Informed Consent.

Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors employees, agents and independent contractors, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to use of the Site or the Services, or any breach or violation of these Terms and Conditions or any other term or condition contained on the Site or the Services. Users agree to comply with all user responsibilities and obligations as stated in these Terms and Conditions.

USERS’ REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to agree to the Terms and Conditions and to use Services in accordance with the Terms and Conditions.

TERMINATION OF PRIVILEGES

VISOLOGY, INC. reserves the right (but is not obligated) to terminate your privilege of using all or any portion of the Services if you breach any of these Terms and Conditions. If VISOLOGY, INC. receives notice or otherwise discovers that you have uploaded or posted information that infringes a third party’s copyright or trademark rights, violates a third party’s privacy rights, or is illegal, harassing, abusive or disruptive, VISOLOGY, INC. may terminate your access to the Services, including all of your privileges or accounts that you may have established in connection with the Services.

VISOLOGY, INC. also reserves the right (but is not obligated) to delete data and communications that fail to conform to the Terms and Conditions and edit or delete any communications regardless of whether such communications violate the Terms and Conditions. VISOLOGY, INC. may, in its sole discretion, discontinue providing the Services, or any portion thereof.

These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

PROTECTED HEALTH INFORMATION

We understand that Protected Health Information (PHI) is personal and private, and we are dedicated to maintaining the accessibility, integrity, and security of PHI. As such, we ensure that your PHI is only used as provided for within our Privacy Policy as authorized by you, and that to the extent possible, your PHI is de-identified according to HIPAA standards and stored in a secure encrypted compliant manner.

MISCELLANEOUS PROVISIONS

We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control. You agree that the Terms and Conditions and all incorporated agreements between VISOLOGY, INC. and you may be automatically assigned by P VISOLOGY, INC., in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.

We may modify the Site or the Services, or delete features at any time and for any reason. We may cancel or suspend your access to the Services at any time. Our cancellation or suspension may be without cause and/or without notice. Upon cancellation, your right to use the Services stops immediately.

Our failure to act with respect to a breach by you or others of the Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches.

These Terms and Conditions, along with VISOLOGY, INC.’s Privacy Policy and any applicable Informed Consents, Disclaimers, or other consent agreements between You and us, set forth the entire understanding and agreement between VISOLOGY, INC. and any user with respect to the Services, the Site, and its uses and services.

If any of the provisions of the Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.

The Terms and Conditions may not be modified, in whole or in part, except as described elsewhere in the Terms and Conditions. Anything contained on the Site or Services inconsistent with or conflicting with the terms of these Terms and Conditions is superseded by the terms of these Terms and Conditions. If you have confidentiality obligations related to the Site or the Services, those obligations remain in force. The section titles in the Terms and Conditions do not limit the terms of these Terms and Conditions.

COPYRIGHT AND TRADEMARKS

The marks VisologyUS, and any logos, slogans, or names used within the Site or the Services, are trademarks of VISOLOGY, INC. and are protected by state and federal trademark laws, regardless of whether they are registered trademarks. Other trademarks appear on the Site or Services with permission from their respective owners. You are not authorized to use any of these trademarks by your access to the Services. Please contact VISOLOGY, INC. for any necessary consent. Your unauthorized use of trademarks appearing on the Services may constitute trademark infringement, which could subject you to substantial civil penalties.

Except for material in the public domain under United States copyright law, all material contained on the Site or the Services (including but not limited to all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site or the Services without the prior consent of the copyright owner. None of the material contained on the Site or available through the Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold or redistributed without the prior written consent of VISOLOGY, INC. Violation of this provision may result in severe civil and criminal penalties.

VISOLOGY FULFILLMENT POLICY

Shipment Processing Time
All orders are processed within 3 to 10 business days. If your order is placed over the weekend, fulfillment will take place the following week. We will make our best efforts to let you know if your order will experience any delays.

Shipping Rates and Delivery Estimates
Standard (free): 2-5 business days
Expedited/Overnight: This option is not yet available through Visology.

Tracking for your Order
After placing your order, you will receive a confirmation email containing your receipt. Once your order is processed, you will receive another email with tracking information based on your order shipping method.

Damage to your Order
In the unlikely event that you receive a defective or damaged product(s), Visology will exchange the item for a new one. You may also wish to proceed under our 60 way return policy, which is set forth below. In the event that you receive a damaged or defective product, please contact us at [email protected] to start the return or exchange process.

Return Policy
If you are not satisfied with you purchase, you can return the product(s) and receive a full refund by notifying Visology at [email protected] within 60 days of receiving your order. In your email, please include your name, address, order number, and item(s) you’d like to return. Visology will then provide you with a prepaid shipping label for the return. You can expect to receive the refund within 10 to 14 business days after we receive the returned product(s). There will be no refunds after 60 days, however, Visology does provide a warranty explained in more detail below.
For more information, you always email us at [email protected].

Warranty
All product(s) include a one (1) year warranty on coatings and scratches. If you would like to submit a claim pursuant to this section, please email us at [email protected] with your name, address, order number, explanation of coating or scratching issue, and description of the item(s). You will be responsible for any shipping associated with return a product(s) if it has been more than 60 days from you receiving your order.

NOTICES

These Term and Conditions are in electronic form. There may be information regarding the Site and the Services provided through the Site that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you: by e-mail at the e-mail address you specified when you signed up for a Service provided through the Site or the Services, if any; by access to a web site that will be designated in an e-mail notice sent to you at the time the information is available; or by access to a web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Site or the Services, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Services.

LINKS AND ADVERTISEMENTS TO THIRD PARTIES

The Site and the Services may contain hyperlinks to web sites offered by parties other than VISOLOGY, INC. Such hyperlinks are provided for your reference and convenience only. VISOLOGY, INC. is not responsible for the privacy practices or the content of such web sites; nor does VISOLOGY, INC.’s inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with VISOLOGY, INC. (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on the Site, VISOLOGY, INC. does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing through the Services.

VISOLOGY, INC. does not disclose personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to VISOLOGY, INC.’s control. To ensure protection of your privacy, always review the privacy policy of the web sites you may visit by linking from this Site or Services.

COOKIES

We use cookies on the Site to provide you with the best user experience. We use Cookies to track how you access and use the services offered on our website, to learn when and how you visit the website, to learn which search terms are used, and to learn which websites direct you to the Site. We also use cookies to help display certain information about services and to improve your enjoyment and convenience when using or visiting the Site; for example, by remembering your contact and other information when you access or use the Site.

NO CLASS ACTIONS

YOU AND VISOLOGY, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

JURISDICTION

The Services are controlled and operated by VISOLOGY, INC. from its principal office in Florida, United States of America. VISOLOGY, INC. makes no representation that materials on the Site or through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of Florida, exclusive of its choice of law or conflicts of law provisions. In any claim or action by you directly or indirectly arising under these Terms and Conditions or related to the Site, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the courts of Miami-Dade Florida, and you and we each waive any jurisdictional, venue or inconvenient forum objections to such court. In the event that any legal action be taken to enforce these Terms and Conditions, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST VISOLOGY, INC.

CONTACTING US

If you have any questions about the Terms and Conditions, the practices of the Site, the Services or your dealing with VISOLOGY, INC., you may contact us at: [email protected].

PRIVACY POLICY

VISOLOGY, INC. is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Policy (“Privacy Policy”) applies to the visologyus.com web site (“Site”) and the Visology, Inc. retail locations, as well as any services offered through the Site and the retail locations and governs data collection and usage. By using the Services, you consent to the data practices described in this Privacy Policy. Please be sure to review the Full Privacy Policy. Throughout this Privacy Policy, VISOLOGY, INC. is also referred to as “we” or “us.” Throughout this Privacy Policy, you are referred to as “you” or “user(s).” This Privacy Policy applies to all websites and software owned and operated by VISOLOGY, INC., including visologyus.com, and any other websites, pages, features, or content we own or operate, and to products offered by us, our affiliates, parent companies, partners, etc., and any related services, as well as any of Our retail locations and services provided within them (collectively, the “Services”). Our Privacy Policy is designed to help you better understand how we collect, use, store, process, and transfer your information when using our Services.

Your use of the Services is subject to our Terms and Conditions, Informed Consent, Consent to Release Health Information, Fulfilment Policy, and Facial Scan Consent, as they may be amended from time to time. Our use of any individually identifiable health information you provide is subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

This Privacy Policy does not apply to information collected or received through other means, use and sharing of anonymous or deidentified data, or information collected by third party websites (“Third Party Services”), such as Facebook, Twitter, Pinterest, Instagram, Snapchat, and Google+, that We do not own or control, even if you access them through Our Services. We encourage you to carefully review the privacy policies of any Third Party Services you access so that you know how they will collect, use, and share your information.

Please carefully review this Privacy Policy and our Terms and Conditions. By using our Site and our Services, you acknowledge all of the policies and procedures described in the foregoing documents. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy or our Terms and Conditions, you should immediately discontinue use of our Site and/or Services.

KEY DEFINITIONS

Aggregate Information: information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.

De-identified Information: information that has been stripped of your Registration Information (e.g., your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual, also known as pseudonymized information.

Facial Scan: A measure your facial dimensions 3D image of your face, performed through our third-party vendor, in order to support your experience with the viewing and purchasing of eyewear offered by Us.

Health Information: Information that relates to your past and present health or vision conditions (including medications, ailments, and prescriptions) that is derived from your use of a third-party provider service to assess your information in order to provide a prescription for any eyewear which you may order from VISOLOGY, INC. through your use of the Services. Some Health Information may be subject to laws and regulations, including HIPAA. You represent that any Health Information that you disclose to Us is your Health Information that you are authorized to disclose to us.

Personal Information: information that can be used to identify you, either alone or in combination with other information, such as your name, address, phone number, date of birth, Facial Scan, or email address.

Registration Information: information you provide about yourself when registering for and/or purchasing our Services (e.g., name, email, address, user ID and password, and payment information).

Self-Reported Information: information you provide directly to us, including but not limited to current eye prescriptions, ethnicity, gender, age, and other information that you enter into surveys, forms, or features while signed in to your VISOLOGY, INC. account.

Sensitive Information: information about your health, Facial Scan, eye prescription, and certain Self-Reported Information, such as racial and ethnic origin, and sexual orientation.

User Content: all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of VISOLOGY, INC. Services and transmitted, whether publicly or privately, to or through VISOLOGY, INC.

Virtual Try-On: A feature that allows for the input of facial images and frame specifications via the Facial Scan to preview a frame on your face and supply measurements for fitting and adjusting that frame for eyewear, both prescription and non-prescription. The frames you may use in this feature are digitized versions of the frames offered through VISOLOGY, INC.

Web-Behavior Information: information on how you use VISOLOGY, INC. Services collected through log files, cookies, web beacons, and similar technologies, (e.g., browser type, domains, page views).

INFORMATION WE COLLECT

VISOLOGY, INC. collects various types of information from the following sources:

Information You provide to Us: VISOLOGY, INC. collects information You may provide to Us through your use of the Site and Services. This includes Registration Information, your Facial Scan, Personal Information, Health Information, and Self-Reported Information. This may include personally identifiable information, such as your e-mail address, name, home or work address, telephone number, and other information you may provide to us, including but not limited to services of interest to you, payment information, and/or eye prescription. VISOLOGY, INC. also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. We collect and process your information when you or your healthcare provider place an order for one of our products or services, create an account, complete research surveys, contact VISOLOGY, INC., or when you are contacted by VISOLOGY, INC. This information can generally be categorized as Registration Information, Self-Reported Information, and/or User Content.

Information We collect automatically: We collect Web-Behavior Information via cookies and other similar tracking technologies when you use and access our Site and Services (our website, products, and other services). We also collect information when you visit one of our retail locations including but not limited video surveillance for security, fraud, and loss prevention purposes.

Information We collect from third parties: Certain Third Parties, including your eye doctor, may share information with Us to provide you with our Services, including but not limited to your eye prescription. We may also collect information from other accounts you may link with Our services, such as your social media account or Google account. We may also collect information about you from other third parties, including demographic information.

HOW WE USE INFORMATION

We may use the information we collect as follows:

To provide our Services. This may include, without limitation, processing payments, shipping products to you or your doctors, creating customer accounts and authenticating logins, analyzing eye prescriptions We receive, preparing frames, and providing You with digitized versions of Our frames on your Facial Scan via our Virtual Try-On.
To analyze and improve our Services. We constantly work to improve and provide new reports, tools, and Services. We may also need to fix software bugs or issues, analyze use of our website to improve the customer experience or assess our marketing campaigns.
To offer administrative, management, and other business services to Our commercial customers, such as affiliates and some independent practices.
For Interest-based advertising, with the ability to opt out. We use third parties such as network advertisers to serve advertisements on third-party websites or other media (e.g., social networking platforms).
To provide, personalize, and improve our products and services.
To facilitate the sale and delivery of your purchases
To provide you with our Virtual Try-On feature.
To measure your facial dimensions, including but not limited your pupillary distance, in order to ensure the frames you order fit as best as possible.
To deliver content and marketing communications that We think may interest you, including ads or offers tailored to you based upon your browsing and usage history within these Services and on other websites and mobile applications.
To allow you to utilize features and personalized content within Our Services when you grant Us access to information from your device, including location-based service.
To Communicate with You. We may use information we collect to respond to questions you submit or to communicate with you regarding news, updates, educational material, marketing, or in connection to our Services.
To protect Our rights and the rights of others.
To verify your identity, prevent fraud and enhance security.
As Required by Permitted Law, in order to comply with any applicable legal or regulatory obligations or for any other purpose permitted by law or with your lawful consent. We may de-identify your personal information, which means that information that can be reasonably used to identify you will be removed.

HOW WE SHARE YOUR INFORMATION

Your Personal Information may be shared with our service providers and third-party vendors, as necessary for them to provide their services to us, in order to allow us to provide our services to you.

VISOLOGY, INC. will not sell, lease, or rent your identifiable individual information to any third party without your explicit consent.

VISOLOGY, INC may share information as part of a merger, acquisition, or other sale or transfer of all or part of VISOLOGY, INC’s assets or business or with other entities as You have authorized or requested.

We may share your information with your eye doctor so that they may provide you Our Services, to confirm the prescription information you provide us, or if you’ve asked Us to obtain your prescription information from your eye doctor. We may also share your information with a dispensing optician to provide you with the products you request or purchase. We may share your information with your vision insurance carrier so they can process your claim and so that We receive payment.

We may share Aggregate Information, which is information that has been stripped of your name and contact information and combined with information of others so that you cannot reasonably be identified as an individual, with third parties. This Information is different from “Individual-level” information and is not Personal Information because it does not identify any particular individual or disclose any particular individual’s data.

We may share some or all of your Personal Information with other companies under common ownership or control of VISOLOGY, INC., which may include our subsidiaries or affiliates, in order to provide You better service and improve user experience. rally, sharing such information is necessary for us to perform our Services with you.

As required by law. Under certain circumstances, information we collect may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. VISOLOGY, INC. will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that VISOLOGY, INC. may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the VISOLOGY, INC. Terms & Conditions or other documents and/or policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of VISOLOGY, INC., its employees, its users, its clients, and the public.

HOW WE SECURE INFORMATION

VISOLOGY, INC. implements reasonable and appropriate measures and systems to ensure confidentiality, integrity, and availability of VISOLOGY, INC. data, in compliance with applicable laws. In particular, the connections to and from our website where we collect and exchange data using encrypted technology. We also ensure that all data collected is stored in accordance with HIPAA and other healthcare laws and regulations.

VISOLOGY, INC. takes seriously the trust you place in Us. In order to maintain data accuracy, and to ensure the appropriate use of information, VISOLOGY, INC. uses a variety of reasonable technical, physical and administrative measures to safeguard your Personal Information, in accordance with current technological standards, and in full compliance with applicable Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements. While we use commercially reasonable and appropriate means to protect your personal information, We cannot guarantee its absolute security.

Your information collected through the Service may be stored and processed in the United States or any other country in which VISOLOGY, INC. or its subsidiaries, affiliates or service providers maintain facilities and, therefore, your information may be subject to the laws of those other jurisdictions, which may be different from the laws of your country of residence.

ADDITIONAL INFORMATION CONCERNING YOUR INFORMATION

Depending on your state of residence, you may be entitled to additional privacy rights regarding your Personal Information. For example, if you are a resident of California, you may be entitled to the privacy rights described below under the California Consumer Privacy Act (“CCPA”) and other applicable laws. Please note that certain categories of Personal Information, such as PHI, are not covered by state law privacy rights, but may be protected by HIPAA and other laws that provide similar protections:

The Right to Know. You have the right to request:

The specific pieces of Personal information we have about you;
The categories of Personal Information we have collected about you in the last 12 months, if any.
The purpose of collecting your personal information.

The Right to Deletion. You have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.

CHILDREN’S PRIVACY

We do not knowingly collect information from individuals under the age of 18. If you are a parent or legal guardian of a minor, you may use Our Services on behalf of such minor child. If you have questions concerning Our information practices with respect to children, or if you believe a child under the age of 18 has provided Us with personal information, please email Us at [email protected].

CONTACT US

If you have questions about this Privacy Policy, or wish to submit a complaint, please email VISOLOGY, INC. at [email protected].

Opt-Out Options If you decide you don’t want to receive marketing emails from us, you can opt out of marketing emails in your account settings, click the “Unsubscribe” link in Our emails, or email Us at [email protected]. Opting out or unsubscribing will not prevent you from receiving emails about orders or other transactions you make through Our Services or emails in response to a specific request from you, such as password recovery.

Deletion of Personal Information/Account You can request deletion of your Personal Information/Account (e.g., name, password, mailing address, billing address, email address, and phone number) and/or your Facial Scan by emailing VISOLOGY, INC. at [email protected] and including in your email the exact details of what information You would like deleted. Once your Personal Information/Account and Facial Scan are deleted, you will no longer be able to access your account.

We do not discriminate against you because of your exercise of any of your privacy rights, however please note that choosing to opt out of certain communications or services or choosing to delete certain information we request may limit your use of our Site or Services, or may prevent you from using our Site and Services in its entirety.

This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. We display an effective date on the policy in the upper right corner of this Privacy Policy so that it will be easier for you to know when there has been a change.