Last Updated: April 22, 2021
- Information We Collect and Why We Collect It
- How We Use and Share Your Information
- Access to Your Information and Choices
- Security of Your Information
- California Privacy Rights
- International Privacy Practices
- Questions and How To Contact Us
The Counter Notice should be delivered to the following Designated Copyright Agent of Company:
- Paul Foley
- Visibly, Inc.
- 207 East Ohio Street #233
- Chicago, IL 60611
Scope; Third Party Sites.
INFORMATION WE COLLECT AND WHY WE COLLECT IT
Information You Provide to Us.
You can provide information to us on our Site through various means, including:
- When you register at the Site and/or create an online account
- When you purchase products from us
- On your account information page
- Newsletter sign-up
- Feedback forms
- Contact forms and customer request forms
- Online email forms
- Request for information forms
- Information provided through your smartphone or mobile device
- When you provide user-generated content such as user comments, blog posts and other social media communications
- Through live chat and instant messaging services made available through the site
- Contest, survey, promotion and/or sweepstakes forms on the site
- By identifying and on setting “favorites,” preferences or other similar functionality on the site
The information we collect includes personal information, such as:
- Home address
- Billing address
- Shipping address
- Email address
- Telephone number (home & mobile)
- Credit card number (solely for payment purposes)
- Date of birth
- Account number
- Certain health information
- Postings, user generated content, comments, feedback and social media messages
Information We Collect Automatically.
We collect certain information automatically as you use our Site, such as:
- IP address
- Browser type
- Computer or device type
- Unique device identifiers
- Operating system version and platform
- The website from where you navigated to our Site
- Time and date of using our Site
- The name of your Internet service provider (ISP)
- The pages on our Site that you view
- Location / Geolocation information
- Facial recognition information
- Local shared objects (e.g. flash cookies, HTML5 local storage)
No Information From Children.
We may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our websites. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.
HOW WE USE AND SHARE YOUR INFORMATION.
To Provide Products, Services, and Information:
As described above, we collect information from you so that we can provide products and services that you purchase using the Site, and information that you request from us. We may use your personal information to contact you about your refractive eye exams and/or screenings or to schedule appointments or follow-up services through the Site, process credit card / debit card transactions, and ship products to you.
For example, as part of the process for completing a refractive eye exam and/or screening, we may ask you for information including your name, age, ethnicity and medical history. We will use this information to provide the refractive eye exam and/or screening services to you, to improve the technology we use as part of the screening process, and to tailor the advertising that appears on the Site. We will not sell or rent patient information to third parties. Likewise, we will ask you for your credit card information when you set up an account and/or take a refractive eye exam and/or screening via the Site. We will use this information for payment purposes.
Additionally, we may send you information about our products and services, and new offerings, including through newsletters, promotional communications and other forms of advertising and marketing. We may occasionally use your information to administer surveys on the Site, provide sweepstakes, promotions and/or contests you can enter or participate in. We may provide information to third party service providers (including ophthalmologists and opticians) that help us administer refractive eye exams, screenings and similar services, process orders, and fulfill and deliver products and services that you purchase from us.
If you are a physician, we may request certain information – including your name, business address, and telephone and other information about your medical practice- so that we can share it with users who have requested additional services related to their refractive eye exam, screening and/or other similar service through the Site.
We may use third parties to help host our Site, send out email updates about the Site, provide administrative services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service. With your consent, we may use demographic information to better understand our customers, and improve our products and services.
Advertising and Marketing:
We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. You can opt-out of receiving interest-based ads from us by contacting us by phone at (773) 309-1281. Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.
Some websites may belong to ad networks that use your browsing history across websites to choose which ads to display on their sites; the displayed ads may include advertising for Visibly. To learn more, and to opt out of seeing interest-based advertisements on these sites, visit the Network Advertising Initiative and the Digital Advertising Alliance websites (www.networkadvertising.org and www.aboutads.info). Websites may also offer their own opt-out methods for interest-based advertising.
Third Party Advertising and Marketing
From time to time with your written consent, we may disclose information with companies who may offer you products and services of interest.
In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of Visibly when we have your consent to do so. We require your written consent for the sharing of any sensitive personal information and/or your medical information. Sensitive personal information is a particular category of personal information relating to confidential medical facts, racial or ethnic origins, political or religious beliefs or sexuality.
Legal Requests or Requirements and to Prevent Harm.
We will share personal information with third party companies, organizations or individuals outside of Visibly if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of Visibly, our users, customers or the public as required or permitted by law.
Transfer in the Event of Sale or Change of Control.
ACCESS TO YOUR INFORMATION AND CHOICES
If you have questions about personal information we have about you or need to update your information, or wish to unsubscribe, you can Contact Us or call us at (773) 309-1281.
SECURITY OF YOUR INFORMATION
In order to help secure your personal information, access to your data on our Site is password-protected, and sensitive data (such as a social security number) is protected by encryption when it is exchanged between your web browser and our Site. To protect any data you store on our servers, we also regularly audit our system for possible vulnerabilities and attacks. However, because the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information (including medical histories or financial information) through these means.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS)
We respect your privacy. We will only use information you provide through the SMS Text Program (“the Program”) to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
If Visibly is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding 2011 sharing activities).
To obtain this information, please send an email message to email@example.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
Under Chapter 22.1 (Privacy Rights for California Minors in the Digital World) of the California Business and Professions Code, California residents under the age of eighteen (18) have a right to remove content or information they have personally posted to the Site. If applicable to you, you can request the removal of content or information you have posted to the Site by sending an email message to firstname.lastname@example.org with “Request By California Minor To Remove Content” in the subject line and in the body of your message, and a specific description of the content that you posted to the Site that you would like us to remove. Please understand that under California law, your request will not ensure the complete removal of the content from the Site. For example, the content may continue to appear on the Site to the extent content has been reposted by others, independently posted by a third party, was posted by you anonymously, or if you were compensated for providing the content. Additionally, while we will remove the content you posted from the Site, it may continue to be stored on our servers (although it will not be visible to other users of the Site).
INTERNATIONAL DATA SECURITY
We are also further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.
Our organization is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Our liability in cases of onward transfers to third parties:
We sign a BIA with all licensees of our technology to make certain we are compliant in cases of onward information transfers to third parties. To transfer personal data to a third party acting as an agent, we only for limited and specified purposes; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with the organization’s obligations under the Principles; (iv) require the agent to notify the organization if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department upon request.
QUESTIONS AND HOW TO CONTACT US
207 E. Ohio Street, #233
Chicago, IL 60611