Privacy Policy

1. Introduction

Purpose

The purpose of this Privacy Policy is to describe how Visibly, Inc. (“Visibly”) collects, uses and shares information about you through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including https://www.govisibly.com (collectively referred to herein as the “Site”). Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to Contact Us Online or as described at the end of this Policy..

Our Privacy Policy explains:

• Information We Collect and Why We Collect It
• How We Use and Share Your Information
• Access to Your Information and Choices
• Security of Your Information
• California Privacy Rights
• International Privacy Practices
• Changes to Our Privacy Policy
• Questions and How To Contact Us

The Counter Notice should be delivered to the following Designated Copyright Agent of Company:

Paul Foley
Visibly, Inc.
207 East Ohio Street #233
Chicago, IL 60611

Scope; Third Party Sites.

This Privacy Policy applies only to information we collect at and through the Site. Our Site also contains links to third party sites that are not owned or controlled by Visibly. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personal information.

Terms of Use

Please note that your use of our Site is also subject to our Terms of Use.

INFORMATION WE COLLECT AND WHY WE COLLECT IT

Information You Provide to Us.

You can provide information to us on our Site through various means, including:

• When you register at the Site and/or create an online account
• When you purchase products from us
• On your account information page
• Newsletter sign-up
• Feedback forms
• Contact forms and customer request forms
• Online email forms
• Request for information forms
• Information provided through your smartphone or mobile device
• When you provide user-generated content such as user comments, blog posts and other social media communications
• Through live chat and instant messaging services made available through the site
• Contest, survey, promotion and/or sweepstakes forms on the site
• By identifying and on setting “favorites,” preferences or other similar functionality on the site

The information we collect includes personal information, such as:

• Name
• Home address
• Billing address
• Shipping address
• Email address
• Telephone number (home & mobile)
• Credit card number (solely for payment purposes)
• Date of birth
• Gender
• Ethnicity
• Account number
• Certain health information
• Postings, user generated content, comments, feedback and social media messages

Information We Collect Automatically.

We collect certain information automatically as you use our Site, such as:

• IP address
• Browser type
• Computer or device type
• Unique device identifiers
• Operating system version and platform
• The website from where you navigated to our Site
• Time and date of using our Site
• The name of your Internet service provider (ISP)
• The pages on our Site that you view
• Location / Geolocation information
• Pictures of your eyes in some versions of the vision test
  
• Facial recognition information
• Cookies
• Local shared objects (e.g. flash cookies, HTML5 local storage)

No Information From Children.

As set forth in the Terms of Use, you must be at least eighteen (18) years old to use or access the Site. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will promptly delete that information. If you believe we might have any information from a child under the age of 18, please Contact Us online or email us at [email protected].

Cookies:

When you visit our Site we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you.

Pixel Tags:

We may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our websites. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.

We partner with Rakuten Advertising, who may collect personal information when you interact with our site. The collection and use of this information is subject to the privacy policy located here. To restrict or opt out of Rakuten’s use of personal information, click here.

HOW WE USE AND SHARE YOUR INFORMATION.

To Provide Products, Services, and Information:

As described above, we collect information from you, including to  provide you with products and services that you purchase or access using the Site, and information that you request from us. We may use your personal information to contact you about your  vision tests and/or screenings or to schedule appointments or follow-up services through the Site, process credit card / debit card transactions, and ship products to you.

For example, as part of the process for completing a vision test and/or screening, we may ask you for information including your name, age, ethnicity and medical history. We will use this information to provide the vision test and/or screening services to you, to improve the technology we use as part of the screening process, and to tailor the advertising that appears on the Site. We will not sell or rent patient information to third parties. Likewise, we may ask you for your credit card information when you set up an account and/or take a vision test and/or screening via the Site. We will use this information for payment purposes.

Additionally, we may send you information about our products and services, and new offerings, including through newsletters, promotional communications and other forms of advertising and marketing. We may occasionally use your information to administer surveys on the Site, provide sweepstakes, promotions and/or contests you can enter or participate in. We may provide information to third party service providers and/or our business partners (including ophthalmologists, optometrists and opticians) that help us administer vision tests, screenings and similar services, process orders, and fulfill and deliver products and services that you purchase from us, or to facilitate your purchase of goods or services from them.

If you are a physician or other healthcare professional (including optometrists and opticians), we may request certain information – including your name, business address, and telephone and other information about your medical practice- so that we can share it with users who have requested additional services related to their vision test, screening and/or other similar service through the Site.

To Affiliates, Service Provers and Business Partners:

We may share your personal information with our related entity affiliates, our employees, and our trusted business partners for the purposes set out in this Privacy Policy. 

We may use third party service providers to help operate the Site and our business, including to help host our Site, send out email updates about the Site, provide administrative services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service. We may use demographic information to better understand our customers, and improve our products and services.

We may use how you browse, interact with the Site and shop in order to show you ads for Visibly or our advertising partners that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads tailored to your interests based on your browsing behavior and the information you provide to us via the Site. These interest-based ads may be presented to you while you are browsing our Site or third-party sites not owned by Visibly.

We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. You can opt-out of receiving interest-based ads from us by contacting us at [email protected]. Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.

Some websites may belong to ad networks that use your browsing history across websites to choose which ads to display on their sites; the displayed ads may include advertising for Visibly. To learn more, and to opt out of seeing interest-based advertisements on these sites, visit the Network Advertising Initiative and the Digital Advertising Alliance websites (www.networkadvertising.org and www.aboutads.info). Websites may also offer their own opt-out methods for interest-based advertising.

Third Party Advertising and Marketing

From time to time with your written consent, we may disclose information with companies who may offer you products and services of interest.

Your Consent

By accessing or using the Site, you consent to the sharing of your personal information as described in this Privacy Policy. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of Visibly when we have your consent to do so. We require your written consent for the sharing of any sensitive personal information and/or your medical information. Sensitive personal information is a particular category of personal information relating to confidential medical facts, racial or ethnic origins, political or religious beliefs or sexuality.

Legal Requests or Requirements and to Prevent Harm.

We will share personal information with third party companies, organizations or individuals outside of Visibly if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
• Enforce applicable Terms of Use, including investigation of potential violations.
• Detect, prevent, or otherwise address fraud, security or technical issues.
• Protect against harm to the rights, property or safety of Visibly, our users, customers or the public as required or permitted by law. 

Transfer in the Event of Sale or Change of Control.

If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

ACCESS TO YOUR INFORMATION AND CHOICES

If you have questions about personal information we have about you or need to update your information, or wish to unsubscribe, you can email us at [email protected] .

SECURITY OF YOUR INFORMATION

In order to help secure your personal information, access to your data on our Site is password-protected, and sensitive data (such as a social security number) is protected by encryption when it is exchanged between your web browser and our Site. To protect any data you store on our servers, we also regularly audit our system for possible vulnerabilities and attacks. However, because the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information (including medical histories or financial information) through these means.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS)

We respect your privacy. We will only use information you provide through the SMS Text Program (“the Program”) to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

Text Marketing and notifications (if applicable): By entering your phone number in the checkout and initializing a purchase, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text message frequency may vary. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply. In addition, the Site uses cookies to help keep track of items you put in your shopping cart and to tell us if you have visited the Site in the past. This allows visitors to the online store to maintain shopping carts between visits. You can refuse cookies by turning them off in your browser.

This section of the Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

If Visibly is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding 2011 sharing activities).

To obtain this information, please send an email message to [email protected] with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Under Chapter 22.1 (Privacy Rights for California Minors in the Digital World) of the California Business and Professions Code, California residents under the age of eighteen (18) have a right to remove content or information they have personally posted to the Site. If applicable to you, you can request the removal of content or information you have posted to the Site by sending an email message to [email protected] with “Request By California Minor To Remove Content” in the subject line and in the body of your message, and a specific description of the content that you posted to the Site that you would like us to remove. Please understand that under California law, your request will not ensure the complete removal of the content from the Site. For example, the content may continue to appear on the Site to the extent content has been reposted by others, independently posted by a third party, was posted by you anonymously, or if you were compensated for providing the content. Additionally, while we will remove the content you posted from the Site, it may continue to be stored on our servers (although it will not be visible to other users of the Site).

AGGREGATED AND ANONYMIZED INFORMATION

Where permitted by applicable law, we may use aggregated and anonymized information created by us from your personal information, including to better understand and improve service offerings. We may also share such non-identifiable information with our affiliates, service providers, and partners, including to assist in research, planning, or product and service development. 

INTERNATIONAL DATA SECURITY

Visibly complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Visibly has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit: https://www.privacyshield.gov/

We are also further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.

Our organization is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Our liability in cases of onward transfers to third parties:

We sign a BIA with all licensees of our technology to make certain we are compliant in cases of onward information transfers to third parties. To transfer personal data to a third party acting as an agent, we only for limited and specified purposes; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with the organization’s obligations under the Principles; (iv) require the agent to notify the organization if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department upon request.

CHANGES TO OUR PRIVACY POLICY

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

QUESTIONS AND HOW TO CONTACT US

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please send an email to [email protected]. You may also contact us by mail at the following address:

Visibly, Inc.
207 E. Ohio Street, #233
Chicago, IL 60611