Privacy Policy
Last Updated: February 21, 2024
1. Introduction
Purpose
The purpose of this
Privacy Policy is to describe how Visibly, Inc. (“Visibly”) collects, uses and
shares information about you through our U.S. online interfaces (e.g., websites
and mobile applications) owned and controlled by us, including https://www.govisibly.com
and Eyecarelive (www.eyecarelive.com) (collectively referred to herein as the
“Site”). Please read this notice carefully to understand what we do. If you do
not understand any aspects of our Privacy Policy, please feel free to Contact
Us Online or as described at the end of this Policy.
Our Privacy Policy
explains:
● Information We
Collect and Why We Collect It
● How We Use and
Share Your Information
● Access to Your
Information and Choices
● Security of
Your Information
● California
Privacy Rights
● International
Privacy Practices
● Changes to Our
Privacy Policy
● Questions and
How To Contact Us
The Counter Notice
should be delivered to the following Designated Copyright Agent of Company:
Paul Foley
Visibly, Inc.
207 East Ohio Street #233
Chicago, IL 60611
Scope; Third Party
Sites.
This Privacy Policy
applies only to information we collect at and through the Site. Our Site also
contains links to third party sites that are not owned or controlled by
Visibly. Please be aware that we are not responsible for the privacy practices
of such other sites. We encourage you to be aware when you leave our Site and
to read the privacy statements of each and every website that collects personal
information.
Terms of Use
Please note that your
use of our Site is also subject to our Terms of Use. and User Terms of Service.
INFORMATION WE COLLECT AND WHY WE COLLECT IT
Information You Provide
to Us.
You can provide
information to us on our Site through various means, including:
● When you
register at the Site and/or create an online account
● When you
purchase products from us
● On your account
information page
● Newsletter
sign-up
● Feedback forms
● Contact forms
and customer request forms
● Online email
forms
● Request for
information forms
● Information
provided through your smartphone or mobile device
● When you
provide user-generated content such as user comments, blog posts and other
social media communications
● Through live
chat and instant messaging services made available through the site
● Contest,
survey, promotion and/or sweepstakes forms on the site
● By identifying
and on setting “favorites,” preferences or other similar functionality on the
site
The information we
collect includes personal information, such as:
● Name
● Home address
● Billing address
● Shipping
address
● Email address
● Telephone
number (home & mobile)
● Credit card
number (solely for payment purposes)
● Date of birth
● Gender
● Ethnicity
● Account number
● Certain health
information, potentially including images and/or videos
● Postings, user
generated content, comments, feedback and social media messages
Information We Collect Automatically.
We collect certain
information automatically as you use our Site, such as:
● IP address
● Browser type
● Computer or
device type
● Unique device
identifiers
● Operating
system version and platform
● The website
from where you navigated to our Site
● Time and date
of using our Site
● The name of
your Internet service provider (ISP)
● The pages on
our Site that you view
● Location /
Geolocation information
● Pictures of
your eyes in some versions of the vision test
● Facial
recognition information
● Your language
preferences
● Cookies
● Local shared
objects (e.g. flash cookies, HTML5 local storage)
No Information From
Children.
As set forth in the
Terms of Use, you must be at least eighteen (18) years old to use or access the
Site. If you are under the age of 18, please do not attempt to register with us
at this Site or provide any personal information about yourself to us. If we
learn that we have collected personal information from a child under the age of
18, we will promptly delete that information. If you believe we might have any
information from a child under the age of 18, please Contact Us online or email
us at [email protected].
Cookies:
When you visit our Site
we send one or more “cookies” to your computer or other device. A cookie is a
small file containing a string of characters that is sent to your computer when
you visit a website. When you visit the website again, the cookie allows that site
to recognize your browser. Cookies may store unique identifiers, user
preferences and other information. You can reset your browser to refuse all
cookies or to indicate when a cookie is being sent. However, some website
features or services may not function properly without cookies. We use cookies
to improve the quality of our service, including for storing user preferences,
tracking user trends and providing relevant advertising to you.
Pixel Tags:
We may use “pixel
tags,” also known as “web beacons,” which are small graphic files that allow us
to monitor the use of our websites. A pixel tag is a type of technology placed
on a website or within the body of an email for the purpose of tracking
activity on websites, or when emails are opened or accessed, and is often used
in combination with cookies. A pixel tag can collect information such as the IP
(Internet Protocol) address of the computer that downloaded the page on which
the tag appears; the URL of the page on which the pixel tag appears; the time
the page containing the pixel tag was viewed; the type of browser that fetched
the pixel tag; and the identification number of any cookie on the computer
previously placed by that server.
We partner with Rakuten
Advertising, who may collect personal information when you interact with our
site. The collection and use of this information is subject to the privacy
policy located here. To restrict or opt out of Rakuten’s use of personal
information, click
here.
HOW WE USE AND SHARE
YOUR INFORMATION.
To Provide Products,
Services, and Information:
As described above, we
collect information from you, including to provide you with products and
services that you purchase or access using the Site, and information that you
request from us. We may use your personal information to contact you about your
vision tests and/or screenings or to schedule appointments or follow-up
services through the Site, process credit card / debit card transactions, and
ship products to you.
For example, as part of
the process for completing a vision test and/or screening, we may ask you for
information including your name, age, ethnicity and medical history. We will
use this information to provide the vision test and/or screening services to
you, to improve the technology we use as part of the screening process, and to
tailor the advertising that appears on the Site. We will not sell or rent
patient information to third parties. Likewise, we may ask you for your credit
card information when you set up an account and/or take a vision test and/or
screening via the Site. We will use this information for payment purposes.
Additionally, we may
send you information about our products and services, and new offerings,
including through newsletters, promotional communications and other forms of
advertising and marketing. We may occasionally use your information to
administer surveys on the Site, provide sweepstakes, promotions and/or contests
you can enter or participate in. We may provide information to third party
service providers and/or our business partners (including ophthalmologists,
optometrists and opticians) that help us administer vision tests, screenings
and similar services, process orders, and fulfill and deliver products and
services that you purchase from us, or to facilitate your purchase of goods or
services from them.
If you are a physician
or other healthcare professional (including optometrists and opticians), we may
request certain information – including your name, business address, and
telephone and other information about your medical practice – so that we can
share it with users who have requested additional services related to their
vision test, screening and/or other similar service through the Site.
To Affiliates, Service
Provers and Business Partners:
We may share your
personal information with our related entity affiliates, our employees, and our
trusted business partners for the purposes set out in this Privacy Policy.
We may use third party
service providers to help operate the Site and our business, including to help
host our Site, send out email updates about the Site, provide administrative
services for us, remove repetitive information from our user lists, and process
payments. These service providers will have access to your personal information
in order to provide these services, but when this occurs we implement
reasonable contractual and technical protections to limit their use of that
information to helping us provide the service. We may use demographic
information to better understand our customers, and improve our products and services.
Advertising and Marketing:
We may use how you
browse, interact with the Site and shop in order to show you ads for Visibly or
our advertising partners that are more relevant to your interests. We may use
cookies and other information to provide relevant interest-based advertising to
you. Interest-based ads are ads tailored to your interests based on your
browsing behavior and the information you provide to us via the Site. These
interest-based ads may be presented to you while you are browsing our Site or
third-party sites not owned by Visibly.
We belong to ad
networks that may use your browsing history across participating websites to
show you interest-based advertisements on those websites. You can opt-out of
receiving interest-based ads from us by contacting us at [email protected].
Please note that if you choose to opt out, you will continue to see ads on our
Site, but they will not be based on how you browse and shop.
Some websites may
belong to ad networks that use your browsing history across websites to choose
which ads to display on their sites; the displayed ads may include advertising
for Visibly. To learn more, and to opt out of seeing interest-based
advertisements on these sites, visit the Network Advertising Initiative and the
Digital Advertising Alliance websites (www.networkadvertising.org and www.aboutads.info). Websites may
also offer their own opt-out methods for interest-based advertising.
Third Party Advertising
and Marketing
From time to time with
your written consent, we may disclose information with companies who may offer
you products and services of interest.
Your Consent
By accessing or using
the Site, you consent to the sharing of your personal information as described
in this Privacy Policy. In addition to the sharing described elsewhere in this
Policy, we will share personal information with companies, organizations or
individuals outside of Visibly when we have your consent to do so. We require
your written consent for the sharing of any sensitive personal information
and/or your medical information. Sensitive personal information is a particular
category of personal information relating to confidential medical facts, racial
or ethnic origins, political or religious beliefs or sexuality.
Your individual
provider may have an additional individual Notice of Privacy Practices for
Eyecarelive proviers, and you acknowledge receipt of that Notice of Privacy
Practices.
If you are using our
Service on behalf of an individual other than yourself, you represent that you
are authorized by such individual to accept this Privacy Policy and the
Provider’s Notice of Privacy Practices on such individual’s behalf.
Legal Requests or
Requirements and to Prevent Harm.
We will share personal
information with third party companies, organizations or individuals outside of
Visibly if we have a good-faith belief that access, use, preservation or
disclosure of the information is reasonably necessary to:
● Meet any
applicable law, regulation, subpoena, legal process or enforceable governmental
request.
● Enforce
applicable Terms of Use, including investigation of potential violations.
● Detect,
prevent, or otherwise address fraud, security or technical issues.
● Protect against
harm to the rights, property or safety of Visibly, our users, customers or the
public as required or permitted by law.
Transfer in the Event
of Sale or Change of Control.
If the ownership of all
or substantially all of our business changes or we otherwise transfer assets
relating to our business or the Site to a third party, such as by merger,
acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your
personal information to the new owner. In such a case, unless permitted
otherwise by applicable law, your information would remain subject to the
promises made in the applicable privacy policy unless you agree differently.
ACCESS TO YOUR INFORMATION
AND CHOICES
If you have questions
about personal information we have about you or need to update your
information, or wish to unsubscribe, you can email us at [email protected]
.
SECURITY OF YOUR
INFORMATION
In order to help secure
your personal information, access to your data on our Site is
password-protected, and sensitive data (such as a social security number) is
protected by encryption when it is exchanged between your web browser and our
Site. To protect any data you store on our servers, we also regularly audit our
system for possible vulnerabilities and attacks. However, because the Internet
is not a 100% secure environment, we cannot guarantee, ensure, or warrant the
security of any information you transmit to us. There is no guarantee that
information may not be accessed, disclosed, altered, or destroyed by breach of
any of our physical, technical, or managerial safeguards. It is your
responsibility to protect the security of your login information. Please note
that e-mails and other communications you send to us through our Site are not
encrypted, and we strongly advise you not to communicate any confidential
information (including medical histories or financial information) through
these means.
SMS/MMS MOBILE MESSAGE
MARKETING PROGRAM (INCLUDING CART REMINDERS)
We respect your
privacy. We will only use information you provide through the SMS Text Program
(“the Program”) to transmit your mobile messages and respond to you, if
necessary. This includes, but is not limited to, sharing information with
platform providers, phone companies, and other vendors who assist us in the
delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR
OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED
THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at
all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, to avoid liability, or to protect Our
rights or property. When you complete forms online or otherwise provide Us
information in connection with the Program, you agree to provide accurate,
complete, and true information. You agree not to use a false or misleading name
or a name that you are not authorized to use. If, in Our sole discretion, We
believe that any such information is untrue, inaccurate, or incomplete, or you
have opted into the Program for an ulterior purpose, We may refuse you access
to the Program and pursue any appropriate legal remedies.
Text Marketing and notifications
(if applicable): By entering your phone number in the checkout and initializing
a purchase, you agree that we may send you text notifications (for your order,
including abandoned cart reminders) and text marketing offers. Text message
frequency may vary. You can unsubscribe from further text messages by replying
STOP. Message and data rates may apply. In addition, the Site uses cookies to
help keep track of items you put in your shopping cart and to tell us if you
have visited the Site in the past. This allows visitors to the online store to
maintain shopping carts between visits. You can refuse cookies by turning them
off in your browser.
This section of the
Privacy Policy is strictly limited to the Program and has no effect on any
other privacy policy(ies) that may govern the relationship between you and Us
in other contexts.
If Visibly is acquired
or merged with another company, your information may be transferred to the new
owners so that we may continue to sell products to you.
CALIFORNIA PRIVACY
RIGHTS
Under California’s
“Shine the Light” law, California residents who provide personal information in
obtaining products or services for personal, family or household use are
entitled to request and obtain from us once a calendar year information about
the customer information we shared, if any, with other businesses for their own
direct marketing uses. If applicable, this information would include the
categories of customer information and the names and addresses of those
businesses with which we shared customer information for the immediately prior
calendar year (e.g. requests made in 2012 will receive information regarding
2011 sharing activities).
To obtain this
information, please send an email message to [email protected] with “Request
for California Privacy Information” in the subject line and in the body of your
message. We will provide the requested information to you at your e-mail
address in response. Please be aware that not all information sharing is
covered by the “Shine the Light” requirements and only information on covered
sharing will be included in our response.
Under Chapter 22.1
(Privacy Rights for California Minors in the Digital World) of the California
Business and Professions Code, California residents under the age of eighteen
(18) have a right to remove content or information they have personally posted
to the Site. If applicable to you, you can request the removal of content or
information you have posted to the Site by sending an email message to
[email protected] with “Request By California Minor To Remove Content” in the
subject line and in the body of your message, and a specific description of the
content that you posted to the Site that you would like us to remove. Please
understand that under California law, your request will not ensure the complete
removal of the content from the Site. For example, the content may continue to
appear on the Site to the extent content has been reposted by others,
independently posted by a third party, was posted by you anonymously, or if you
were compensated for providing the content. Additionally, while we will remove
the content you posted from the Site, it may continue to be stored on our
servers (although it will not be visible to other users of the Site).
AGGREGATED AND ANONYMIZED INFORMATION
Where permitted by
applicable law, we may use aggregated and anonymized information created by us
from your personal information, including to better understand and improve
service offerings. We may also share such non-identifiable information with our
affiliates, service providers, and partners, including to assist in research,
planning, or product and service development.
INTERNATIONAL DATA
SECURITY
Visibly complies with
the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of
Commerce regarding the collection, use, and retention of personal information
transferred from the European Union to the United States. Visibly has certified
to the Department of Commerce that it adheres to the Privacy Shield Principles.
If there is any conflict between the terms in this privacy policy and the
Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view our certification, please
visit: https://www.privacyshield.gov/
We are also further
committed to cooperate with the panel established by the EU data protection
authorities (DPAs) with regard to unresolved Privacy Shield complaints
concerning data transferred from the EU and you may have the possibility to
engage in binding arbitration through the Privacy Shield Panel.
Our organization is
subject to the investigatory and enforcement powers of the Federal Trade
Commission (FTC).
Our liability in cases
of onward transfers to third parties:
We sign a BIA with all
licensees of our technology to make certain we are compliant in cases of onward
information transfers to third parties. To transfer personal data to a third
party acting as an agent, we only for limited and specified purposes; (ii)
ascertain that the agent is obligated to provide at least the same level of
privacy protection as is required by the Principles; (iii) take reasonable and
appropriate steps to ensure that the agent effectively processes the personal
information transferred in a manner consistent with the organization’s
obligations under the Principles; (iv) require the agent to notify the
organization if it makes a determination that it can no longer meet its
obligation to provide the same level of protection as is required by the
Principles; (v) upon notice, including under (iv), take reasonable and
appropriate steps to stop and remediate unauthorized processing; and (vi)
provide a summary or a representative copy of the relevant privacy provisions
of its contract with that agent to the Department upon request.
Our Website, Platform,
and Services are only available for use in the United States.
Please do not access
and use our Website, Platform, and Services if you reside outside the US.
Please be aware that information you provide to EyecareLive while
accessing/using our Website, Platform and Services may be processed and
transferred to the US and be subject to applicable US laws. The privacy and
data protection laws in the US may not be equivalent to such laws in your
country of residence.
OUR WEBSITE, PLATFORM,
AND/OR SERVICES ARE NOT AVAILABLE FOR USE AND DOWNLOAD IN THE EUROPEAN UNION.
Please do not register
for our Services if you live anywhere in the European Union. If we discover any
unauthorized registration on our Website, we reserve the right to terminate the
registration. By using the Website, Platform, and/or Services, or by providing EyecareLive
with your information (as detailed under this Privacy Policy), you consent to
this collection, transfer, storage, and processing of information to and in the
US.
CHANGES TO OUR PRIVACY
POLICY
Our Privacy Policy may
change from time to time. We will not reduce your rights under this Privacy
Policy without your consent in accordance with applicable law. We will post any
privacy policy changes on this page and, if the changes are significant, we
will provide a more prominent notice (including, for certain services, email
notification of privacy policy changes). We will also keep prior versions of
this Privacy Policy in an archive for your review.
QUESTIONS AND HOW TO
CONTACT US
If you have any
questions, concerns, complaints or suggestions regarding our Privacy Policy or
otherwise need to contact us, please send an email to [email protected]. You
may also contact us by mail at the following address:
Visibly, Inc.
207 E. Ohio Street, #233
Chicago, IL 60611
