PRIVACY POLICY

Effective Date: February 25, 2023

This Privacy Policy (“Policy”) discloses the privacy practices for The Optical. Co and what information we collect from you when you interact with The Optical. Co LLC, which does business as The Optical. Co, and any of our Affiliates, including Eye Doctors and Independent Contracted Retail Store Locations (“The Optical. Co” “We,” “Us,” or “Our”).

This Privacy Policy applies to your use of Our websites and retail locations are referred to in this Privacy Policy as the “Services”.

Your use of all Services is subject to our Terms of Service and Use. 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”). In addition to this Privacy Policy, our Notice of Privacy Practices will apply to such information.

For additional details about the personal information we collect and the rights afforded to California residents under the California Consumer Privacy Act, please scroll to Section 8.

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, Square, Squarespace, Acuity 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.

From time to time, We may clarify, revise, or update this Policy. This may include making changes to the way We collect, maintain, and store information. If We make any changes to this Policy, We will revise the date at the top of the Policy. Changes to this Policy will become effective once they are posted.

Information Collection, Use and Sharing

We collect different types of information for Our business purposes from the following sources:

Information you provide us. We collect information that you provide to Us through the Services and other communications. We may also collect information from entities you have requested or authorized to provide information to Us in connection with Our Services. For example:

  • When you create an account with Us, you provide your first and last name, email address, and password.
  • You may provide Us with information when you use certain online features, such as when you schedule an appointment or place an order. This information may include (i) your first and last name; email address; phone number; home, physical, or shipping address; and date of birth; (ii) information about the products purchase; (iii) information about other people, such as when you direct Us to send a gift card; or (iv) any other identifiers that may permit the physical or online contacting of a specific person. To the extent the information you provide is related to your health care status, including the provision of or payment for health care services, such information will be considered Protected Health Information and covered by Our Notice of Privacy Practices.
  • When you make a purchase, We may request information from you to facilitate the transaction and get you the goods you requested. We may ask you to provide payment information, which may include payment card information (such as credit card number, type, and expiration date), vision insurance plan information, billing address, and shipping address. We do not store any payment card information.
  • We may collect certain information from you when you apply for a job at The Optical. Co.
  • For certain online and in-store features, We may ask you to submit (or We may ask your permission to take) a photo, facial scan, or other image of you.
  • For eye exam appointments we will collection your Personal Health Information (PHI). You PHI is information that relates to your past and present health or vision conditions (including medications, ailments, and prescriptions). 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" is information about you, including your first name, last name, and demographic information. Your account with Us may contain Personal Information and Health Information, and we will access such information when necessary.
  • When you contact Us, We do everything possible to make sure you have an exceptional shopping experience. If you contact Us in person, by phone (calling or texting), email, instant message (including Facebook Messenger), live chat, through social media or Our website, or by some other means, We may keep a record of your contact information and the content of the communication for later reference. When We send you emails, We may track whether you open them to learn how to deliver a better customer experience and improve Our Services. We receive responses to any survey that you choose to complete for Us.

Information We collect from third parties. Third parties, including your Eye Doctor, may share your information with Us in order for Us to provide Services or complete your purchase. For example:

Some parts of Our Services can be linked to other accounts you have with Third Party Services, such as your social media or Google account (“Third Party Accounts”), or you may be able to register for an account on Our Services with your Third Party Account. If you connect a Third Party Account to Our Services or interact with Us through a Third Party Account, We may receive information about you, including your Third Party Account profile information and your photo, and your use of the Third Party Account (for example, if you select a The Optical. Co product to purchase through the account). If you mention Us through your Third Party Account, We may collect publicly available information and content related to your comment.

We may collect information about you from other third parties, including demographic information. We may combine information collected from other third parties with other information We collect about you.

Information We automatically collect. We record certain information and store it in log files when you interact with Our Services. This information may include device information, browser history, internet protocol (IP) address, URLs of referring/exit pages, and search terms. For example:

  • We may collect information from your mobile device(s).
  • In-store Wi-Fi. When you connect to Our in-store Wi-Fi from your mobile device, We receive information about you and your device, including your device’s MAC address, IP address, received signal strength indicator (RSSI), and technical details about your device such as its operating system, device type (including make and model), and technical capabilities. We will also receive information about how you use Our Wi-Fi network while you are connected, including the store location, the areas of the store you visit, the names and/or Internet addresses of the websites you visit and the applications you use, and how long you interact with such sites or applications. If your mobile device is configured to search for available Wi-Fi networks, We may receive information about your device even if you choose not to connect to Our Wi-Fi services.
  • Our Services may incorporate technology such as “pixel tags”, “web beacons”, and “cookies” that allow Us and Our service providers to collect information about your actions on Our Services. Our service providers may collect information about your online activities over time and across different online services. Cookies are small files that web servers may place on your computer when you visit a website.
  • We may also collect information when you are visiting Our stores. Like most retailers, We have in-store video surveillance for security, fraud, and loss prevention purposes. In addition, We analyze videos to help Us understand customer behavior and retail traffic within Our physical spaces.

How We Use Your Information

We may use information We collect to operate Our business, including:

  • For Our everyday business purposes, such as providing Services and products, fulfilling orders, providing information you request and providing customer support
  • To communicate with Affiliates and vendors
  • To offer administrative, management, and other business services to Our commercial customers, such as Affiliates and some Independent Practices, including to confirm, reschedule, or provide other services related to your eye exam
  • To provide, personalize, and improve Our products and Our Services
  • To conduct internal research
  • To facilitate the sale and delivery of your purchases
  • To communicate with you, including via telephone, text, chat, or email in order, for example, to respond to your comments or questions and to send you updates about your order
  • 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, both within these Services and on other websites and mobile applications
  • To understand your use of Our Services to help Us improve the customer experience
  • To provide you information, recommendations, and marketing materials about Our products and Services
  • To measure your pupillary distance and segment height for your prescription
  • To map your facial features in order to provide products and recommendations, including to facilitate an augmented reality virtual experience or virtual consultation.
  • To deliver gift cards in accordance with your instructions
  • To provide telehealth services
  • If you apply for a job, to determine your eligibility for a position with us
  • To comply with the law, regulations, and other legal obligations
  • To properly verify your identity, prevent fraud and enhance security
  • To audit and provide reporting relating to particular transactions and interactions, including online interactions you may have with Us or others on Our behalf
  • 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 services
  • For short-term, transient use including contextual customization of ads
  • To protect Our rights and the rights of others
  • For other purposes, as permitted by law or to which you consent

How Long We Keep Your Information

We will retain your Personal Information only for as long as we reasonably consider it necessary for achieving the purposes set out in this Privacy Policy, or for as long as we are legally required to retain it.

How We Share Your Information

We will never sell your information. If We share your information, We do so to support Our business, including with:

Affiliates and Service Providers. We may share information with Our corporate entities and affiliates, service providers, data processors, third party contractors, payment processors, others who perform services for Us, such as:

  • order fulfillment
  • delivery services
  • payment processing
  • vision insurance claim processing
  • account registration
  • website-related services, such as web hosting
  • improvement of website-related services and features
  • maintenance services
  • marketing services
  • data analytics

Other Entities. We may share information as part of a merger, acquisition, or other sale or transfer of all or part of Our assets or business or with other entities as you have authorized or requested.

With Marketing, Analytics, and Advertising Partners. Some of Our third-party advertising partners use cookies and other technologies to collect information about your online activities on Our Services and across other online services in order to deliver more relevant advertising when you are using the Services or other websites. Our service providers may also collect information about your mobile device from other tracking technologies while you are near or in Our stores to help Us better understand Our customers and how they use Our Services. These services may include Google Analytics and Adjust Technology.

With Your Health Care Provider. We may share your information with your Eye Doctor or health care provider so that they may provide you services, to confirm the prescription information you provide us, or if you’ve asked Us to obtain your prescription information from your Eye Doctor.

With Your Medical or Vision Insurance Carrier. We may share your information with your vision insurance carrier so they can process your claim.

Social Media. We may include widgets, toolbars, or icons from social media providers on Our Services that allow you to interact or share information with them, and these social media networks may collect information about your browsing on the pages of Our Services. Such collection may occur where the widgets, toolbars, or icons are visible, even when you do not click on or otherwise activate the widgets, toolbars, or icons. The privacy policy of the relevant social media network controls the collection, use, and disclosure of all information collected by that social media network.

To Protect Us and Others. We reserve the right to access, read, preserve, and disclose any information that We reasonably believe is necessary to comply with any applicable law, court order, subpoena, legal process, or enforceable governmental request; cooperate with law enforcement; enforce or apply this Privacy Policy, Our Terms of Service, and other agreements; detect, prevent, or otherwise address fraud, security or technical issues; or protect the rights, property, or safety of The Optical. Co, Our employees, Our users, or others.

Your Choices

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) by contacting us. After completing the steps to request deletion of your account, we will contact you within 45 days to ask that you confirm your decision to delete your personal information/account. Once your personal information/account is deleted, you will no longer be able to access your account.

We may retain certain of your personal information, like order history and prescriptions in our systems for certain legal, security, and business records. In addition, any Protected Health Information will continue to be governed by our Notice of Privacy Practices.

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 hello@theopticalco.com. 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.

If you would like to opt out of the use of your mobile app activity for targeted advertising purposes, you may do so by visiting your device’s privacy settings (“Limit Ad Tracking” on iOS devices). If you wish not to share information with Us from your mobile device, such as geolocation and your unique device identifier, you may turn off location tracking at any time in your app settings or disable Bluetooth on your device. If you wish to stop receiving push notifications from Us on your mobile device, you can update your device settings.

If you wish to limit the information available to Us through your Third Party Accounts, such as Google or social media, you should visit the privacy settings of your Third Party Accounts to learn about your options.

If you want Us not to collect cookies, you may be able to set your web browser to reject cookies entirely or require that it request permission from you before accepting each new cookie. You can also delete cookies from your web browser once you leave a website.

If you do not want Google Analytics to collect and use information about your use of Our Services, then you can install an opt-out in your web browser. You also may opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings located at https://www.google.com/settings/ads.

If you choose to limit collection of your information in these ways, certain Service features may not function properly, or at all, and certain Services may not be available to you.

Security

We take the protection of your information very seriously. We take many security measures (physical, electronic, and procedural) to help keep your information safe. Unfortunately, We cannot guarantee complete security of any information.

Children’s Information

We are especially sensitive about children’s information. 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 hello@theopticalco.com

California Privacy Rights

If you are a California resident, please review these additional privacy disclosures, which provide a summary of how We collect, use, disclose, and sell personal information about you and explain your rights under the California Consumer Privacy Act (“CCPA”).

Categories of Personal Information We Collect, Use, and Disclose for Business Purposes. We may collect the following categories of personal information, as described in greater detail in What Information The Optical. Co Collects:

  • Identifiers, such as name, email address, mailing address, phone number, or IP address
  • Commercial information, such as records of purchases and payment information
  • Health information, such as prescriptions and eye exam notes
  • Internet or other electronic network activity information, such as log data, and information about the devices and computers you use to access Our Services
  • Geolocation data, such as GPS signals, device sensors, and Wi-Fi access points, where you have allowed access to that information
  • Electronic, visual, or similar information, such as photos
  • Professional or employment-related information, if you apply to work for us
  • Education information, if you apply to work for us
  • Other information you provide, such as demographic information, responses to surveys or messages to customer service
  • Inferences drawn from any of the above, including about the content or ads that may be of interest to you

Categories of Sources Used to Collect Personal Information. As a result of your use of the Services, We collect this information from you (such as when you register for an account or purchase products), from third parties, or automatically (such as from your devices).

For more information, please see Information Collection, Use and Sharing. For more information on why we collect your Information see, “How We Use Your Information.”

Sale and Sharing of Personal Information

In the last 12 months, we have not knowingly sold any Personal Information of California Consumers, including no actual knowledge that we have sold the Personal Information of California Consumers under the age of 16 years old.

In the last 12 months, we have shared Personal Information of California Consumers, including the Personal Information of California Consumers under the age of 16 years old. The CCPA defines “sharing” as: Sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.

The categories of personal information shared (as defined by the CCPA) include:

  • Identifiers, such as name, email address, mailing address, phone number, or IP address
  • Internet or other electronic network activity information, such as log data, and information about the devices and computers you use to access Our Services
  • Geolocation data, such as GPS signals, device sensors, and Wi-Fi access points, where you have allowed access to that information

This personal information has been shared (as defined by the CCPA) with the following categories of parties for the following purposes:

  • With Marketing, Analytics, and Advertising Partners. Some of Our third-party advertising partners use cookies and other technologies to collect information about your online activities on Our Services and across other online services in order to deliver more relevant advertising when you are using the Services or other websites. Our service providers may also collect information about your mobile device from other tracking technologies while you are near or in Our stores to help Us better understand Our customers and how they use Our Services. These services may include Google Analytics and Adjust Technology.

Disclosure of Personal Information for a Business Purpose

The categories of Personal Information that The Optical. Co may disclose can are listed above in Section 1, “Information Collection, Use and Sharing.” For information on who this information is disclosed to and why please see “How We Share Your Information” and “How We Use Your Information.”

Sensitive Personal Information

The CCPA provides you additional rights with respect to sensitive personal information (which includes, social security, driver’s license, state identification card, or passport number, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, genetic data, biometric data, personal information collected and analyzed concerning a consumer’s health, and personal information collected and analyzed concerning a consumer’s sex life or sexual orientation).

We do not use sensitive personal information for purposes of inferring characteristics about a consumer.

Your Rights. Under the CCPA, California residents have certain rights related to their personal information.

The Right to Know. You may request that We disclose to you the categories of personal information We have collected, used, disclosed, or “sold” within the meaning of the CCPA, including:

  • Specific pieces of information that We have collected about you
  • Categories of personal information We have collected about you
  • Categories of sources from which the personal information is collected
  • Categories of personal information about you that We have sold, shared, or disclosed for a business purpose
  • Categories of third parties to whom the personal information was sold, shared or disclosed for a business purpose
  • The business or commercial purpose for collecting, selling, or sharing personal information (collectively, the “Right to Know”)

The Right to Delete. You have the right to request that We delete personal information about you that We have collected from you (the “Right to Delete”).

The Right to Correct. You have the right to request that we correct any incorrect personal information that we collect or retain about you, subject to certain exceptions.

Exercising Your Rights. To exercise your Right to Know, Right to Delete, or Right to Correct:

Right to Opt Out. You have the right to direct Us to not sell or share your personal information at any time (the “Right to Opt Out”). To exercise your right to opt out:

  • Call (614) 477-9229

Verification. In order to exercise these rights, you will need to verify your identity to protect your security and personal information, which may include providing certain information. Note that even if We honor your request to delete your information, We may retain certain information as required or permitted by law.

Authorized Agent. You may elect to have an agent exercise your rights for you. Even if you choose to use an agent, We may, as permitted by law, require:

  • The authorized agent to provide proof that the consumer gave the authorized agent signed permission to submit the request;
  • The consumer to verify their identity directly with the business;
  • The consumer to directly confirm with Us that they provided the authorized agent permission to submit the request.

Non-Discrimination. We may not discriminate against you because of your exercise of any of your privacy rights, or any other rights under the CCPA, including by:

  • Denying you goods or services
  • Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties
  • Providing you a different level or quality of goods or services
  • Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

Shine the Light. If you’re a resident of California, you can request a notice identifying the categories of personal information, as defined by California Civil Code Section 1798.83, we share with our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties. Please submit a written request to hello@theopticalco.com

Contact Us

If you have any questions about viewing or updating your information, this Privacy Policy, or our privacy practices, please contact us at hello@theopticalco.com

You may print this Privacy Policy at any time for your records. If you feel that we are not abiding by this privacy policy, you should contact us immediately.