Eyeconic Privacy Policy

Effective August 2021

This Privacy Policy (“Privacy Policy”) applies to Eyeconic (for purposes of this Privacy Policy, collectively, “Eyeconic”, “we”. “us”, or “our”). This Privacy Policy describes how we collect, use, and share information about you in the course of providing our services and explains your rights with regards to that information. This Privacy Policy applies to www.eyeconic.com (our “Website”), and the eyewear products and related services we provide, and any other way we may collect or receive information about you (collectively, our “Services”).

Eyeconic is a company wholly owned by Vision Service Plan, a California not-for-profit corporation, having its principal place of business at 3333 Quality Drive, Rancho Cordova, California 95670. This Privacy Policy does not apply to your protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). For example, if you are a member of Vision Service Plan or otherwise purchase an eyewear product using a vision benefit from another insurer, the transaction can be qualified as a healthcare transaction and the Personal Information about you collected within the context of that healthcare transaction is PHI and governed by HIPAA. Please see our Notice of Privacy Practices for information about how we handle your PHI.

Please read this Privacy Policy carefully. By accessing and using our Website, you agree that you have read, understand, and are bound by the terms and conditions set forth herein. This Privacy Policy is incorporated into and made a part of our Terms of Use, which are a legally binding agreement between you and us. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE WEBSITE OR SERVICES. You should review this Privacy Policy periodically as we may update it from time to time.

The Services are only intended for the United States market. If you provide us with Personal Information, you understand that your information may be stored in the United States and other countries that may not or do not provide the same level of protection as the EU. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of Personal Information on servers located outside of the country where they reside and acknowledge that the protection of such information may be different than required under the laws of their residence or location.

Personal Information We Collect

“Personal Information” refers to any information about you by which you can be personally identified. (Please see “How We Use and Share Personal Information” for more information about why we collect the categories of information below)

We collect or obtain the following categories of Personal Information on our Website that we collect either directly, through forms or data entry fields on our Website, or through passive collection by cookies and other data collection technologies. The types of Personal Information we process in each of these contexts is further explained in the following categories:

  • Contact us and registration forms: we process your name, email address, company where you work, phone number, job function, job title, country, and any comments you provide.
  • We will also collect information provided by you in comments and feedback regarding the Website or the Eyeconic product, e.g. when you choose to participate in a survey, leave feedback or otherwise connect with us via email, phone or chat. Please note that the email or chat functionality provided by the Website are not a completely secure and confidential means of communication. It is possible that your email or chat communication may be accessed or viewed by another internet user while in transit to us. We strongly advise you not to include personal information in an email, chat or when leaving your feedback. If you wish to keep your communication private, do not use the email or chat functionality. In such case, please contact Eyeconic by phone (1-855-EYECONIC (855-393-2664)). Should you contact Eyeconic via email or chat, your email, chat and any other information you choose to provide in such email or chat will be collected and retained in accordance with this Privacy Policy.
  • We collect information like your name, postal code, and email address, and other identifiers when you sign up for a newsletter, create and account, or register.
  • When you sign up for a promotion code, we collect your email address.
  • If you choose to write a review, you may upload a photo of you wearing our glasses.
  • In case you decide to purchase product, we may ask you to provide additional information, such as your full address and credit card details and share your Personal Information with companies who help us in the fulfillment of your request. These companies are authorized to use your Personal Information only as necessary to provide their services. For instance, we communicate your credit card details to a third-party payment processor (we do not store any credit card information).
  • You will also be required to create a username and password to establish an account. Some accounts require security questions as well. Depending upon the activity, some of the information we ask you to provide is identified as mandatory, and some as voluntary. If you do not provide the mandatory information with respect to a particular activity, you will not be able to engage in that activity.
  • Consumer opinion surveys: when you participate in a survey or we process your survey responses.
  • When you purchase a gift card, we receive the recipient’s name and email address. The gift card buyer must have the recipient’s permission to provide us with the recipient’s contact details so that we may deliver the gift card.
  • Cookies and other data collection technologies: we use browser session cookies, which are temporary cookies that are erased from your device’s memory when you close your Internet browser or turn your computer off, and persistent cookies, which are stored on your device until they expire, unless you delete them before that time. For more information on our use of cookies and tracking technologies, please see our Cookie Policy.
  • If you choose to use the Virtual Try-On Tool be advised that it launches from Eyeconic.com site but the tool is owned and operated by Ditto, Inc., a third-party. The tool creates a photographic image of your face that then enables you to view a rendering of yourself wearing certain frames available on Eyeconic.com. Any information collected or otherwise obtained from you is collected by Ditto (not Eyeconic), and that all such information is subject to both Ditto’s Terms of Use and its Privacy Policy which are found at the following hyperlinks:

Sources of Personal Information

We obtain all of the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website using cookies.
  • From third-party service providers. For example, we obtain demographic data from a third-party service provider to use for marketing analytics.
  • We automatically collect statistics from your browser or device on Website usage patterns and your preferences through cookies, web logs, web beacons and third-party service providers. This information may include Internet protocol (IP) addresses, device ID and type, browser type, Internet Service Provider (ISP), referring/exit pages, the operating system used by your device, date/time stamp, your mobile device's geographic location, and/or clickstream data. For more information, please see our Cookie Policy.

How We Use and Share Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide the virtual try-on service.
  • To provide, support, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments, to confirm and communicate with you about appointments, services, and products, and to prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, via mail, and via email or text message (with your consent, where required by law). Messages sent by text and/or unencrypted email may include Personal Information. Because these messages are not encrypted, there is some risk that the messages could be read by someone other than you. You are not required to provide this consent and will be entitled to withdraw your consent at any time. To stop receiving text messages, text “STOP” and for help, text “HELP”. Message and data rates may apply.
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business and troubleshoot technical concerns.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services. To comply with applicable laws, regulations and rules and respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To enforce our Terms of Service; and/or to protect the rights, property, or safety of Vision Service Plan and its group companies, our users, and others.
  • As described to you when collecting your Personal Information; or
  • 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 about our users is among the assets transferred.
  • Third Party Channel Partners. On occasion we partner with third parties to deliver complementary or supplemental services to you. In those circumstances, we will make it very clear to you that the third-party channel partner is the entity collecting your information and not Eyeconic, and you will have a choice whether to provide information to them. As such, any data you provide to them would be subject to their privacy and security practices and Eyeconic will not be responsible for the information you provide to them or their privacy and security practices.
  • Sharing Information. We do not sell or rent your Personal Information to third parties for their marketing use. However, some of the above uses involve sharing Personal Information with third party service providers and with our affiliates, subsidiaries, or divisions. We share Personal Information with your consent; as required or permitted by law; for legitimate business purposes; as necessary to complete any transaction or provide you with information or services you have requested or authorized; to obtain your feedback on your customer experience; or for our proper management and administration or to fulfill our legal responsibilities.
  • We may sponsor or host contests or drawings from time to time. Some contests may be offered in conjunction with a third party sponsor and Website users will be notified at the time of the contest as to whether a third party sponsor is involved and whether the third party will be receiving the user's Personal Information to send promotional communications. The Website user can then choose whether to enter the contest or not at that time based on the terms and conditions associated with that particular contest.
  • Our Website may include links to other websites whose privacy practices may differ from ours. If you submit Personal Information to any of those websites, your Personal Information is governed by their privacy policies. Please be aware that we do not endorse and are not responsible for the privacy practices of such other websites, and the Privacy Policy presented here does not apply to such third-party websites. We encourage you to carefully read the privacy policy of any website you visit.
  • We display personal testimonials of satisfied customers on our Website in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you may contact us at:
  • We may verify your prescription information provided with your order with your doctor or eye-care provider as required by federal law. For more information about how we use and disclose this type of information (i.e. Protected Health Information or PHI), please see our Notice of Privacy Practices.

Security

We have implemented appropriate physical, electronic, and administrative procedures to safeguard and prevent unauthorized access, maintain data security, and correctly use the information we collect online. Please note that there is risk involved in using the internet. Thus, our goal is to provide a reasonable level of security based on general industry standards. We therefore recommend that you use every precaution to protect your information when using the internet and any other links.

Children's Privacy

Our Website and Services are not directed to children under the age of 16 and we do not knowingly collect Personal Information from children. It is our policy not to knowingly solicit or permit children under the age of 16 to provide their Personal Information for any purpose. In accordance with the Children's Online Privacy Protection Act of 1998 (“COPPA”) and our internal policies, if a person under age 16 submits information to us through any part of our Website, and we know that the person submitting information is under age 16, we will not use it for any purpose. We will delete the information as soon as we discover it, and we will not disclose it to third parties. If you are under the age of 16, please stop using our Website and its Services.

Communications Opt-Out

You may opt out of receiving materials or other communications from us by following the opt-out link or other unsubscribe instructions provided in any email received, or by sending an email request to info@eyeconic.com. You may also be able to customize the communications you receive from us through preferences in your user account if you have registered for such an account. If you do business with us, you may not opt out of automated notifications based on business transactions.

Your Rights and Choices About Your Personal Information

You have rights to access, correct, and delete the Personal Information Eyeconic holds about you.

The California Consumer Privacy Act provides additional detail about rights for California consumers. For a full list of rights under the California Consumer Privacy Act, please see our California Supplement.

In addition, under California law, website operators are required to disclose how they respond to web browser 'do not track' signals or other similar mechanisms that provide consumers with the ability to exercise choice regarding the collection of Personal Information of a consumer over time and across third party web sites, to the extent the operator engages in that collection. We do not respond to any such 'do not track' signals, as no one do not track standard has gained consensus.

This law also requires web site operators to disclose whether third parties may collect Personal Information about their users' online activities over time and across different web sites when the users use the operator's web site. We do not knowingly permit third parties to collect Personal Information about an individual consumer's online activities over time and across different web sites when a consumer uses our Website.

Third parties that have content embedded on our Website (such as social networking features) may set cookies on a user's browser and/or obtain information about the fact that a web browser visited our Website from a certain IP address. These third parties cannot collect any other Personal Information from our Website unless you provide it to them directly.

Exercising Access, Correction and Deletion Rights

To exercise the access, correction and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at:
    • Eyeconic: 1-855-EYECONIC (1-855-393-2664)

You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
  • We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

How long do we keep your Personal Information

We will keep Personal Information about you for as long as we provide our Services to you, or as long as we are addressing a concern, question, complaint, or request you have made to us, as applicable to our interactions with you. If we have a contract or other agreement with you, we will follow the retention obligations of that agreement.

We may keep Personal Information longer if we have a legal obligation to keep it or to maintain necessary records for legal, financial, compliance, or other reporting obligations, and to enforce our rights and agreements. We also may keep Personal Information about you for statistical analysis or research purposes.

Changes to this Privacy Policy

Our Privacy Policy may change from time to time. If we decide to change our Privacy Policy, we will update the “Effective Date” at the top of this Privacy Policy. Your continued use of the Website or Services following the posting of revised Privacy Policy means that you accept and agree to the changes.

Contact Us

For questions about this Privacy Policy or your privacy, contact us at 1-855-EYECONIC (1-855-393-2664) or info@eyeconic.com. Our hours are Monday to Friday, 7:00 a.m. to 5:00 p.m. PT.