Legal And Privacy Information
PEARLE VISION LEGAL AND PRIVACY POLICIES
LUXOTTICA PRIVACY & SECURITY
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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.
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.
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 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).
3) 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.
4) 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.
5) To communicate with you, including responding to your inquiries.
6) To comply with the law and to maintain the security of our Platforms.
7) To create audiences for our advertisements, target our advertisements, and generate reports about the performance of our advertisements.
8) As otherwise disclosed at the time of collection or use.
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.
SMS TERMS & CONDITIONS
Thank you for visiting the Pearle Vision website (“Website”). Pearle Vision is owned and operated by Luxottica of America Inc. (“Luxottica”).
BY ACCEPTING THIS AGREEMENT, YOU AGREE ALL DISPUTES WILL BE RESOLVED USING BINDING ARBITRATION AND CONSENT TO A CLASS ACTION WAIVER. Before using this Website and/or the services associated, please read these Terms carefully. If you do not accept these Terms, please do not use this Website.
You must be 18 years or older to use this Website or 16 years or older, have your parent or guardian’s consent to use this Website and your parent or guardian must have consented to this Agreement on your behalf.
ACCOUNTS & REGISTRATION
To use certain features of the Website, you must register as a user and create a user account. You will need to provide a password, username, and other information, such as your name and email address. You are solely responsible for keeping your account information confidential. Your use represents and warrants that all information you submit during the account registration process is truthful and accurate. You agree to promptly inform us of any changes to your account information, including but not limited to any changes to your email address or telephone number, if you have provided us with this information.
You acknowledge and consent to Luxottica accessing, preserving, and disclosing your account information if required to do so by law or based on a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that the account information violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Luxottica, its personnel, and the public.
WEBSITE PROMOTIONS & TRANSACTIONS
We reserve the right to refuse or cancel any order placed on the Website for any reason. Reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or error. We reserve the right to limit order quantities placed by the same account, the same payment method, and/or the same billing or shipping address. We reserve the right, in our sole discretion, to prohibit purchases of any products to resellers, dealers, and distributors. We reserve the right to charge fees or extra shipping charges for any product that is backordered.
Merchandise availability is not guaranteed and is subject to change.
Depending on your location, items purchased from this Website may be subject to state and local taxes. Amounts owed will be displayed during the ordering process.
No contract for the sale of goods between Luxottica and any customer occurs until acceptance of payment.
All items purchased from this Website are made pursuant to a shipment contract, which means the risk of loss and title for such items passes to you upon Luxottica’s delivery to the carrier.
ERRORS, INACCURACIES, OR OMISSIONS
Information on this Website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website attempts to accurately display product colors, however, the color you see may vary depending on your monitor or mobile device.
CONSENT TO CONTACT
Text Messages & Emails
You agree that by including your telephone number in any submission and opting in to receive text messages you are providing your signature consenting to contact from Pearle Vision at the number you provided regarding products or services via live, automated or prerecorded call, text, or email. You understand that you are not required to enter into the receipt of text messages and/or emails as a condition of purchase. You can revoke consent to receive text messages by texting STOP to 60164”
You may receive texts from Pearle Vision regarding your account, purchases, or special offers from Pearle Vision. Message and data rates may apply. The maximum number of messages per month vary depending on which subscription list you are enrolled in. You can unsubscribe at any time by texting STOP to 60164. You will receive a text confirming unenrollment. If you have questions, reply HELP to 60164 or contact Pearle Vision at 513-765-4321.
Pearle Vision 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 Pearle Vision as part of this service. Pearle Vision may use this information to contact you and provide services you request from Pearle Vision. Pearle Vision may also use this information as described in the subscription list you enrolled in.
By including your email in any submission, you expressly consent to receive communications from Luxottica electronically via the email address associated with your account. Although you can opt out of receiving promotional messages, Luxottica retains the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Voice Recording and Monitoring Consent
Use of this Website must not violate any applicable law or regulation. Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, text, and other material (“Intellectual Property Rights”), is the property of Luxottica or its suppliers, licensors, partners, or affiliates and is protected by United States and international copyright laws. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Luxottica and their affiliates’ trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without prior written permission.
The Website is intended solely for personal, non-commercial use. Subject to your compliance with this Agreement, Luxottica grants you a limited, nonexclusive, non-transferable and revocable license to make personal and non-commercial use of the Website. You may view, copy, download, or print materials from this Website for your own personal and non-commercial use only. This does not include posting, uploading, or otherwise publishing the materials to any other site, except you may post and share materials from this Website in connection with your non-commercial and personal use on social media websites and services, such as Facebook, Instagram, and Twitter, as well as through blogs or similar types of postings.
This license does not include (a) any commercial use of this Website; (b) any derivative use of the Website or its contents; (c) any collection or use of product listings, descriptions, images or videos; (d) any downloading or copying any user’s account information for your own use or for the benefit of another party; (e) any use of data mining, robots, or similar data gathering and extraction tools (f) any reverse engineering, decompiling or disassembling the Website, or converting any contents intended to be unreadable into readable form, including but not limited to, using or directly viewing the underlying code for the Website, except as interpreted and displayed in a web browser; or (h) any attempt to violate or any violation of the Website’s security or attempt to interfere or any interference with the Website’s ability to work properly.
We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Website, to terminate any user's account, and to alter or delete any material submitted to the Website through the user's account. Following termination or cancellation by you, the Terms of this Agreement and any representations, warranties, and indemnification obligations made or undertaken by you will survive termination or cancellation of your account.
USER COMMENTS, FEEDBACK, AND SUBMISSIONS
Pearle Vision may make the Website available for users to post or upload materials. However, if you post comments, photos, reviews or other content on our Website or send Luxottica creative ideas, suggestions, customers reviews, photographs, proposals or any other materials, whether online, by email, or postal mail, (collectively “User Content”), you hereby expressly grant Luxottica a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense, or otherwise distribute and display the User Content and any ideas, concepts, know-how or techniques contained therein without restriction and without compensation of any kind to you.
You agree that User Content does not violate any third party right, including copyright, trademark, privacy or other personal or proprietary right or cause to injury any person or entity. You specifically agree User Content is NOT: (a) unlawful (according to local, state, federal, or international law) or advocate illegal activity; (b) defamatory, false or libelous, or contain unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) a violation of a contractual or fiduciary obligation; (d) contain software viruses or malware that could affect the operation of the Website; or (e) an impersonation of another person or entity or otherwise manipulate identifiers in order to disguise the origin of any User Content provided. You are solely responsible for any User Content and its accuracy. Luxottica takes no responsibility and assumes no liability for any User Content posted by you or any third party.
We do not and are not obligated to regularly review, monitor, delete, or edit User Content. However, we reserve the right to do so at any time in our sole discretion, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any User Content, or from our alteration or deletion of any User Content, even when we are advised of the possibility of such damages.
LINKS TO THIRD PARTY WEBSITES
This Website may contain links to other websites or resources that are not under Luxottica’s control. Links are provided solely for your convenience and the information is not an endorsement of the information, products, or services. Luxottica takes no responsibility for any linked websites.
Luxottica and/or a co-sponsor may offer contests, sweepstakes, games, or similar promotions (“Contests”) via the Website. Contests are governed by separate and specific rules accessible on our Website or another location provided in the Contests instructions.
To the extent applicable, software from the Website is subject to United States Export Controls. No software from this Website may be downloaded or exported: (a) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (b) to anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software on the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
COPYRIGHT INFRINGEMENT CLAIMS
Luxottica respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (“DMCA”). If you believe any portion of the material contained on this Website infringes your copyright, please submit the following information to the address below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located on the Website.
- A statement by you that you have a good faith belief that use of the material is not authorized by you, the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
4000 Luxottica Place
Mason, Ohio 45040
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
Luxottica may at its discretion, suspend or terminate the access of or take other action against users, subscribers, registrants, and account holders who infringe the copyrights of others.
DISCLAIMER, LIMITATION OF LIABILITY, & INDEMNITY
This Website, its content, and all products and services are provided on an "As Is" basis. Luxottica disclaims all warranties of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Luxottica does not make any warranty that Website access will be uninterrupted, error free, complete, up to date, or free of viruses, worms, or other harmful components.
Your use of the Website is at your own risk. Neither Luxottica nor its affiliates or vendors shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, incidental, punitive, consequential, special, or otherwise), injury claim, or liability of any kind or character based on or resulting from your use or inability to use this Website, any information or materials provided on this Website, or any products or services purchased through the Website, even if Luxottica has been advised of or should have known of the possibility of such damages or injury.
Luxottica is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with this Website or any materials on the Website, or with this Agreement, your sole and exclusive remedy is to discontinue use of the Website.
In no event shall the aggregate liability of Luxottica, its parent, subsidiaries, or affiliates—whether in contract, warranty, tort (including, but not limited to, negligence), product liability, strict liability, or other theory—arising out of or relating to the use of this Website exceed the lesser of $5, or the total amount you paid to Luxottica.
Any Terms related to the disclaimer of warranties, your obligation to indemnify Luxottica, and your available remedy in the event of any dispute apply equally with respect to any affiliated companies or third-party agents.
Any general health information on this Website is only intended to facilitate communication between you and your healthcare provider. It is not intended for diagnosis or as a substitute for seeking professional medical advice. All specific medical questions should be directed to a professional healthcare provider.
You agree to indemnify, defend and hold harmless Luxottica, its subsidiaries, agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claim, demand, damages, cost, and expenses, including reasonable attorney fees and costs of litigation, arising from or related to your use of this site and the services provided in connection with the Website, or your breach of any provision of this Agreement or any warranty provided hereunder.
Some jurisdictions do not allow the exclusions of certain warranties or the limitation or exclusion of liability for damages. Therefore, some of the above indemnities, limitations, and disclaimers may not apply to you.
DISPUTE RESOLUTION & AGREEMENT TO ARBITRATE
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION.
You and Luxottica 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 this Website, or any products or services sold, offered, or purchased through our Website shall be resolved exclusively through final and binding arbitration, rather than in court. The sole exceptions to this requirement are (a) either party may assert individual claims in small claims courts if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and (b) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 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 Luxottica agree that each of us may bring claims that relate to or arise from your use of or access to our Website, 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 Website 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 parties 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.
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. Each party shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. Notwithstanding anything to the contrary, Luxottica will pay all fees and costs that we are required to pay by law.
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.
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, except if an arbitrator or court decides that any of the provisions under the subheading “Prohibition of Class and Representative Actions and Non-Individualized Relief” of this Agreement to Arbitrate are invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement will continue to apply.
APPLICABLE LAW & VENUE
The law applicable to the interpretation and construction of this Agreement and any transaction using or related to the Website, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Ohio, USA, without regard to principles of conflict of laws, subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating your access to or use of the Website, including all disputes will be governed by the laws of the United States and by the laws of the State of Ohio.
Any action relating to use of this Website or any transaction must be brought in the state or federal courts serving Warren County, Ohio, for any lawsuit or court proceedings permitted under this Agreement. You consent and submit to the personal jurisdiction of such courts for the purposes of any such actions. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
MODIFICATIONS & SEVERABILITY
Luxottica may make changes to these Terms, from time to time, in its sole discretion, by updating the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law or court order, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
You are an independent party. No joint venture, partnership, employment, or agency relationship exists between you and Luxottica as a result of this Agreement or your utilization of this Website.
Luxottica may assign, transfer, or subcontract any of our rights or obligations under this Agreement to any third party at our discretion.
No delay by Luxottica in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Luxottica’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Luxottica in writing.
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 disclosing:
- 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
or through our toll-free number at: Pearle Vision: 800-937-3937
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: Pearle Vision: 800-937-3937
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.
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.
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