Privacy Policy

Effective Date: October 23, 2019

At Philly Eyeworks, we’re all about helping you see things a little more clearly. And we believe that you have a right to know what information we collect from you and how we protect your privacy. So we’ve created this Privacy Policy to let you know what to expect when you interact with us. This Privacy Policy applies to your use of our retail locations, as well as any of our websites and website features that contain a link to this Privacy Policy.

Your use of all other Services is subject to our Terms of 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.

By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Please note that this Privacy Policy does not apply to third party websites (“Third Party Services”), such as Facebook, Twitter, Pinterest, Instagram, Snapchat, and Google+, that we do not own or control, even if you access them through our Services. We try to work only with Third Party Services that share our respect for your privacy, but we cannot take responsibility for their practices, content, or privacy policies. 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.

Information you provide us:
- When you create an account. When you create an account with us, you provide a name, email address, and password.
- When you make a purchase or use our Services. If you make a purchase, we request information from you to facilitate the transaction and get you the goods. You may also provide us with information when you use certain online features. This information may include (i) your name, email address, phone number, shipping address, and date of birth, (ii) prescription information, including any images of prescriptions you may provide to us and any information you give us, (iii) medical history and information about your vision, (iv) information about the products you try on and purchase, and (v) information about other people, such as when you direct us to send a gift card. If you provide us with an image of your prescription, we obtain any information that appears on the prescription form. You may also provide us with information through an ad for a job offer. For some 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. When you make a purchase, we 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. Our payment processor, which is required by credit card issuers to meet specific security requirements, will collect, store, and process your credit card and other payment information on our behalf using industry-standard security measures. We do not store any payment card information.
- 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 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:
- Information from your doctor. Your doctor may share your prescription information with us in order for us to provide Services or complete your purchase.
- Information from third party services. Some parts of our Services can be linked to other accounts you have with Third Party Services (“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 Philly Eyeworks 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. If you wish to limit the information available to us, you should visit the privacy settings of your Third Party Accounts to learn about your options.
- Information from other third parties. We may collect information about you from other third parties, including demographic information, and combine this information with other information we collect about you.

Information we automatically collect:
- Web logs and usage information. We record certain information and store it in log files when you interact with our Services. This information may include device and browser information, internet protocol (IP) address, URLs of referring/exit pages, and search terms.
- Mobile device information.
-- In-store Wi-Fi. When you connect to our in-store Wi-Fi, 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
- Information from cookies and other technologies. Like most websites, 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. 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.
- Information from in-store technologies. 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. 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.

Generally. We primarily use your information to provide and enhance our Services and your experience with Philly Eyeworks.

Some ways we may use your information include:
- to provide, personalize, and improve our products and our Service
- to facilitate the sale and delivery of your purchases
- to confirm, reschedule, or provide other services related to your eye exam
- to communicate with you, including to respond to your comments or questions, and to send you updates about your order
- 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 deliver gift cards in accordance with your instructions
- for our other internal business purposes.

Photos, Scans, and Images. When you submit (or grant us permission to take) a photo, facial scan, or other image of you, we don’t share those photos, scans, or images, or any facial data captured in the facial scans, with any third parties, but we may use them as described below:
- to measure your pupillary distance and segment height, and to gather other optical information
- to map and measure your facial features
- to address certain problems or concerns you may have with your glasses
- to help better understand how our frames fit our customers and provide frame recommendations
- to provide, personalize, and improve our products and our Service

If we share your information, we do so only as described below.With vendors

We’ve figured out ways to do a lot of things on our own, but we haven’t quite figured out how to do all of it. We may provide your information to our contractors, agents, and service providers as necessary to enable them to perform certain services for us, including but not limited to:

- 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

With marketing and advertising partners
We may share your information with third parties for their advertising and marketing purposes, which may include sending you direct mail that may interest you. If you prefer that we not share your address with third parties, you can opt out at https://dmachoice.thedma.org. 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.

You can learn about how to opt out of receiving personalized website advertisements from our advertising partners who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations. Links to those sites are below. Note that because your election to opt out is managed through cookies, if you delete these cookies or use a different browser, you will have to make the same selection again.
- Network Advertising Initiative: http://www.networkadvertising.org/choices
- Digital Advertising Alliance: http://www.aboutads.info/choices

One of the third party services that we use to track your activity on our Services is Google Analytics. 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 (https://tools.google.com/dlpage/gaoptout). 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. You can also visit your device’s settings or install the AppChoices app to learn more about how you may opt out of receiving personalized ads in mobile Apps.

Another third party service that we use to track your activity on our Services is Adjust Technology. If you do not want Adjust Technology to collect and use information about your use of our Services, you can opt out at https://www.adjust.com/opt-out/.

We use Facebook Custom Audiences to deliver advertisements to you on Facebook, and to provide data to us, based on email addresses that we have collected.

With your doctor and dispensing opticianWe may share your information with your doctor if you’ve asked us to confirm the prescription information you provide us, or if you’ve asked us to obtain your prescription information from your doctor. At your request, we may also share your information with a dispensing optician.

With Eye Doctors
In connection with Prescription Check, we will share your Health Information and Personal Information with one or more Eye Doctors, who will evaluate the results of your Eligibility Questionnaire and Vision Test. Eye Doctors may be any of the following: Philly Eyeworks employees, Philly Eyeworks independent contractors, employees of a professional corporation, or independent contractors of a professional corporation. In all cases, Eye Doctors are under a contractual obligation to keep your Health Information and Personal Information confidential.

With your vision insurance carrier
We may share your information with your vision insurance carrier in order to process your claim and so that we receive payment.

On an aggregated or de-identified basis
We may share aggregated or de-identified information (which cannot reasonably be used to identify you) with service providers or other third parties. These service providers and third parties may also share with us aggregated or de-identified information that they have independently developed or acquired.With business partners we do not control

We may work with other businesses from time to time. These business partners may sell items or provide promotions to you through our Services or theirs. We may also provide products or services to you jointly with our business partners. We will clearly show you when a business partner is associated with your transaction, and we will only share information with them that is related to your transaction.

In connection with business transfers
If the ownership of all or substantially all of our business changes, or we otherwise transfer assets relating to our business or any of the Services to a third party (such as by merger, acquisition, bankruptcy proceeding, or other change of control transaction), we may transfer or sell your information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to this Privacy Policy unless we notify you otherwise.

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 Use, and other agreements; detect, prevent, or otherwise address fraud, security or technical issues; or protect the rights, property, or safety of Philly Eyeworks, our employees, our users, or others.

With your consent
Except as we’ve stated above, we will notify you before we share your identifiable information with any third parties.

Through your account settings, you can access, view, and edit the following information you’ve provided to us:
- name
- password
- mailing address
- billing address
- email address
- phone number
You can delete any of the above information, and contact us with questions or concerns about your information, by emailing help@phillyeyeworks.com. The information you can view, edit, and delete may change as our Services change.If you decide you don’t want to receive email from us, you can select the “opt out” provision in our communications to unsubscribe, you can email us at help@phillyeyeworks.com or you can contact customer support. Unsubscribing will stop you from receiving most types of email communications, but it may not prevent you from receiving emails about orders or transactions you place through our Services or to emails in response to a specific request from you, such as password recovery. If you wish to stop receiving notifications from us on your mobile device, you can update your device settings.

If you are a California resident, you also have the ability to ask us for 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 (under California Civil Code Sections 1798.83-1798.84). If you are a California resident and would like a copy of this notice, please submit a written request to help@phillyeyeworks.com

We take the protection of your information very seriously. We understand the sensitivity of (for example) the prescription information you may give us. Therefore, we take many security measures (physical, electronic, and procedural) to help keep your information safe. For example, we limit access to authorized employees and third parties who are under an obligation to keep all such information confidential. Also, we only allow parties to access your identifiable information for permitted business purposes. Unfortunately, even though we use commercially reasonable efforts to protect your information, we cannot guarantee complete security. Any information that you provide to us is done so entirely at your own risk.

We are especially sensitive about children’s information. We do not knowingly allow collect personal information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or legal guardian of a minor child, 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 13 has provided us with personal information, please email us at help@phillyeyeworks.com

The Services are not intended for European Union (EU) residents. Accordingly, you understand that your information may be stored in the United States. Information may be transferred outside of the country where you reside or are located, including to 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.

We occasionally review this Privacy Policy to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Effective Date” at the top of this page so that you can tell if it has changed since your last visit. Your continued use of our Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.

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