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For more information on Interest-based Advertising and your choices regarding it please refer to paragraph “DIGITAL ADVERTISING & ANALYTICS”.
This Policy describes how Luxottica of America Inc., including all direct and indirect subsidiaries (collectively “Luxottica,” “we,” “our,” or “us”), collect, use, and disclose information through our websites www.oakley.com, www.sunglasshut.com,www.oliverpeoples.com, www.costadelmar.com/en-us, www.ray-ban.com, www.lenscrafters.com, www.targetoptical.com, www.pearlevision.com, www.arnette.com, www.persol.com, www.vogue-eyewear.com, www.nativeyewear.com/en-us, www.glasses.com, www.contactsdirect.com, and any other websites that link to this Policy (collectively “Sites”) as well as the Face Scanning App (“FSA”), or our in-store Face Scanning Kiosk (“Kiosk”) and certain other services as described below (collectively, the “Platforms”). Other Luxottica websites, products, and services may have their own privacy policies. This Policy applies to our U.S. and E.U. Platforms that link to this Policy.
HOW WE COLLECT THE INFORMATION
When using our Platforms or our services, you may provide us with your personal information through a variety of methods, including the following: (1) via signups on our Platforms, such as through the creation of an account; (2) from an online, email, retail, fax, or telephone purchase; (3) when you enter a sweepstakes, giveaway, contest, or other promotion, or complete a survey; (4) when you provide information at our stores; (5) upon contacting us, such as through customer service communications, including our online chat features; (6) upon signing up at an event; (7) upon registering a Luxottica product; (8) when you submit a business reply, product, or warranty card; (9) when you post material to the Platforms, such as through product reviews or use of our virtual technology; or (10) when you interact with us for any other purpose. Information that you provide through the Platforms can be combined with the information that we collect from you in any other way.
We may also collect certain information automatically when you use the Platforms, as described below. This may include the use of pixels and other tracking technologies operated by us and by third parties, as described in other sections of this Policy.
We may receive information about you from third parties and combine it with information you have provided to us.
THE INFORMATION WE COLLECT
When you interact with us, we may collect information that you choose to provide, such as your name, address, email address, phone number, payment information, demographic information (such as your income level and gender), date of birth, information regarding your membership with other organizations (e.g., to provide discounts), photos and recordings, biometric identifiers or biometric information, and any other information you choose to provide. If you contact our customer service department, you may need to provide us with additional information so that we can respond to your questions or concerns as completely and thoroughly as possible. If you create an account with us, we collect your username and password. If you are providing delivery information or other information which is not your own, then you must have that person’s permission to give us their information and for us to use and share it for the purposes specified.
When you make a purchase, we will collect your payment card, gift card, or other payment information. Luxottica takes reasonable steps to protect the security of payment card information such as by using tokenization, a storage technique which replaces payment card data with randomized identifiers.
If you apply for a job through one of our Platforms, we will collect any information you provide in your application, including, but not limited to, educational background, employment history, and references.
BIOMETRIC INFORMATION WE COLLECT
Through various technology features, including but not limited to, our virtual technology features, we may collect data that potentially falls under the definitions of “biometric identifiers” or “biometric information” under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. and Texas Capture or Use of Biometric Identifer Act (“CUBI”), Bus. & Com. § 503.001 et seq. “Biometric identifiers” are defined as retina or iris scans, fingerprints, voiceprints, or scans of the hand or face geometry.
“Biometric information,” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
Any collection of biometric identifiers and biometric information are for the sole purpose of assisting you in viewing how certain eyeglasses may look on your facial features. We will not disclose or disseminate any biometric information to any entity, other than those contracted parties that assist us in providing this service to you, or as required by applicable federal, state or local law, or required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
We shall retain any biometric identifiers or biometric information for up to six months as long as you consent to such retention, maintain an account with us, and choose to save your virtual profile to your account. If you do not maintain an account with us we shall retain biometric identifiers or biometric information for up to six months, but we will not be able to retrieve or connect your information to your identity. After six months, all biometric identifers or biometric information we have collected from you shall no longer be retrievable or readable by our operating systems or applications.
We use appropriate technical, administrative, and physical safeguards to store, transmit, and protect from disclosure any biometric identifiers or biometric information collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same or more protective than the manner in which we store, transmit, and protect from disclosure other confidential and sensitive information.
Before using our virtual technology features, you will be prompted with a copy of this policy. By clicking “I accept” you are consenting to our collection and storage of your biometric identifiers or biometric information.
HOW DO WE USE THIS INFORMATION
We may use the information we collect for any lawful purpose, including the following:
1) To process and fulfill your order, including sending you emails to confirm your order status and shipment, and to provide other related communications.
2) To administer a contest, promotion, survey, or other site feature, and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest).
3) To send you information/materials via email, text, or mail about products, offers, and news. This information may relate to products, services, offers, and news of Luxottica products. Please see “Your Choices” below for more information.
4) To operate and improve the Platforms, including to analyze visits to the Platforms and learn about our visitors so we can operate the Platforms and improve our products and services and deliver the best user experience.
5) To communicate with you, including responding to your inquiries.
6) To comply with the law and to maintain the security of our Platforms.
7) To create audiences for our advertisements, target our advertisements, and generate reports about the performance of our advertisements.
8) As otherwise disclosed at the time of collection or use.
When you make a purchase, you can choose to save your information to obtain a faster checkout for purchases and/or you can choose to receive emails or texts, which provide you with information regarding our other products and services.
We obtain your consent before contacting you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing phone calls or text messages. You are not required to grant consent to telemarketing calls or texts as a condition of buying any goods or services. Also, you may revoke your consent at any time at the contact information listed at the end of this policy. Message and data rates may apply.
SHARING INFORMATION WITH THIRD PARTIES
We engage service providers to perform services in connection with the operation of our business. We may share personal information with service providers so that they can perform these services. Examples of these services include payment processing and authorization, text messaging services, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing.
In proceeding with your online order, you agree that any information associated with the order, such as the delivery name and address (if different from yours), will be processed using service providers.
Personal information collected through our Platforms may be shared between the brands and affiliates that are owned or operated by Luxottica of America Inc.
We also share personal information with selected third parties for their own marketing purposes (except for your phone number or biometric information). This also includes information collected through pixels and other tracking technologies operated by third parties, as described elsewhere in this Policy. See the “Your Choices” section of this Policy for more information.
We may release personal information if we believe in good faith that: (1) the law or legal process requires it; (2) we have received a valid administrative request from a law enforcement agency; or (3) such release is necessary or appropriate (in our sole discretion) to protect the rights, property, or safety of Luxottica, or any of our respective affiliates, service providers, customers, or others.
We may also share your information with your consent or as otherwise disclosed at the time of data collection or sharing.
As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, or the sale of all or a portion of our assets, or buying online stores or other assets, including at bankruptcy. In such transactions, information about customers will likely be transferred.
The Platforms may allow you to provide comments in various sections of our Platforms, such as in product reviews. Please be aware that the information you post in these areas may be available to visitors of the Platforms and to the general public.
We share aggregated and de-identified information, or any other technical information, without limitation. For example, we may share aggregated demographic information about the Platforms visitors with our affiliates, service providers or vendors, so that they can provide marketing analysis and consult on advertising strategies. We also may share technical information, such as the number of users who visited the Platforms during a specific time period or who purchased a specific product through the Platforms, with our marketing service providers, advertisers, and others from time to time. This information generally is shared in an aggregated form.
DIGITAL ADVERTISING & ANALYTICS
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Platforms and other sites or apps over time, including information about relationships among different browsers and devices.
Advertising Providers may use data collected in connection with our advertising campaigns for the following purposes:
· For measurement and insight reporting (to produce and provide us with reports measuring the impact and performance of our advertising campaigns).
· To produce benchmarking reports to share with their other customers, but such benchmarking reports will not identify you.
· To target our ad campaigns to specific groups of individuals having particular characteristics.
· To improve and optimize advertising services (for example, to support the objectives of our ad campaigns, improve the effectiveness of their own advertising services and determine the relevance of ads to individuals).
· To personalize ads that the Advertizing Providers show, including to enhance user profiles with inferred interests.
· For their internal purposes, including (i) to promote and ensure the safety and security on and of their products and services; (ii) to detect and prevent malicious, deceptive, fraudulent, invalid or illegal activity; (iii) for research and development purposes; and (iv) to maintain the integrity of and to improve their products and services.
· To combine it with other data collected by Advertising Providers in order to provide greater insights in respect of our advertisements.
We may also work with service providers that collect data about your use of the Platforms and other sites or apps over time for non-advertising purposes subject to their privacy policies. We use analytics providers such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the applicable Platforms by going to http://tools.google.com/dlpage/gaoptout.
We use a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. This session replay software may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), anonymized IP address, location (city/country), language, and similar metadata. This software does not collect information on pages where it is not installed, nor does it track or collect information outside your web browser.
We use this web-based analytics software because it gives us a tool to track the online behavior of visitors while on the Platforms and lets us replay visitors’ actions. This tool gives us the opportunity to make the Platforms better and, in turn, provide you with an enhanced online experience as well. Thanks to this tool, we are able to gain insight on how you and other visitors use the Platforms; for example, whether you can easily locate the “Find a Store” page or whether it takes multiple clicks to get to that page. Information about these small choices and interactions are of paramount value to us, as they can easily make your experience better and more intuitive and, more importantly, allow us to provide you with a more seamless, customer-friendly e-shopping experience while on the Platforms.
We may use pixel tags (also known as web beacons and clear GIFs) to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the services and response rates. Our Advertising Providers may use pixel tags to collect information for the purposes described above.
THIRD-PARTY LINKS & PLUG-INS
The Platforms may provide links to third-party websites or apps, including our social media pages. We do not control the privacy practices of those websites or apps, and they are not covered by this Policy. You should review the privacy policies of other websites or apps that you use to learn about their data practices.
The Platforms may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Platforms, those social media companies may collect information about you and may use and share such information in accordance with their own policies, including by sharing such information with us or the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to read the privacy policies for any social media accounts you create and use.
CALIFORNIA CONSUMER PRIVACY RIGHTS
Your Rights and Choices
The California Consumer Privacy Act of 2018 (“CCPA”), and other California privacy laws, provide California consumers specific rights concerning their personal information, including, the right to request that we disclose what personal information we collect, use, disclose, and sell. This section describes your rights and how you may exercise those rights as well as describes how we, Luxottica, and third parties handle your personal information. As described in this Policy, we may also make your information available to third parties for their direct marketing purposes (except for your phone number or biometric information).
If you choose to exercise these rights, we will not discriminate against you because of it.
You or your authorized agent can request: 1) a disclosure of your personal information we collect, use, disclose, or sell; 2) to delete your personal information we collect, or maintain; and 3) to opt-out of the sale of your personal information. If you choose to submit a request through an authorized agent, we will require proof that the authorized agent has your written permission to submit a request on your behalf. Additionally, we may require you to verify your identity with us through the verification process detailed below.
Requests to Know and Requests to Delete
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
· The specific pieces and categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting or selling that personal information.
· The categories of third parties with whom we share that personal information.
· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request to delete, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
You may submit a request to know or request to delete, free of charge, online through our interactive webform on privacy.luxottica.com, or through our toll-free number at
Native 888 776-2848
Costa Del Mar 855 692-6782
Target Optical: 877-848-8476
Pearle Vision: 800-937-3937
Sunglass Hut: 800-786-4527
Contacts Direct: 844-553-6737
Oliver Peoples: 888-485-9349
Note: for requests to delete, we will require you to separately confirm that you want your personal information deleted. To verify your identity, we require you provide your name and email and to confirm your identity through a confirmation email message. For some requests, we may also require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. Once submitted, you will receive an email within 10 business days that we will use to verify your identity and provide confirmation of your request. If we cannot verify your identity within 45 days, we may deny your request. We will respond to your request to know or request to delete within 45 days from the day we receive the request. If necessary, we may extend the time period to a maximum total of 90 days from the day we receive the request. In such case, you will receive an email notifying you of the extension and explaining the reason for the extension. Any disclosure in response to a request to know will cover the 12-month period preceding the business’s receipt of the request and will be delivered in a readily useable digital format, or by mail at your request.
Your request to know or request to delete may be denied for any reason allowable under the CCPA. For example, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
· Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
· Comply with a legal obligation.
· Make other internal and lawful uses of that information that are compatible with the context in which you provided it or any other purpose permitted by the CCPA.
Similarly, we may deny requests:
· If the information is not subject to the CCPA or otherwise excluded from the CCPA’s scope. Excluded information may include the following:
o publicly available information from government records;
o deidentified or aggregated consumer information;
o health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
o personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994; and
o certain workforce-related personal information and business-to-business communication.
· For specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks.
· To access or delete information that is de-identified.
· If your identity cannot be verified to a degree of certainty required by the CCPA.
· From an authorized agent that does not submit proof that they have been authorized by the consumer to act on the consumer’s behalf.
Request to Opt-Out
If you are 16 years of age or older, you have the right to opt-out from a sale of your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and less than 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you may submit a request at email@example.com through our toll-free number at
Oliver Peoples: 888-485-9349
We will act upon your request no later than 15 days from the date we received the request. Note that we may deny a request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.
Collection of Personal Information
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES
F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES
We may obtain the categories of personal information listed above from the following categories of sources:
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
In the preceding twelve (12) months, we have disclosed and/or sold personal information to third parties for a commercial or business purpose, as authorized under applicable law. We do not sell the personal information of minors under 16 years of age without affirmative consent.
In the preceding twelve (12) months, we have disclosed and sold the following categories of personal information for a business purpose to the following categories of third parties indicated in the chart below.
Personal Information Category
· A: Identifiers.
o Category of Third-Party Recipients
Business Purpose Disclosures
· Parent or Subsidiary Organizations
· Service Providers
· Operating Systems and Platforms
· Data Analytic Providers
· Advertising Providers
· Social Media
· B: California Customer Records personal information categories.
· C: Protected classification characteristics under California or federal law.
· D: Commercial information.
· E: Biometric information.
· F: Internet or other similar network activity.
· Advertising Providers
· G: Geolocation data.
· H: Sensory data.
· I: Professional or employment-related information.
· J: Non-public education information.
· K: Inferences drawn from other personal information.
If you have questions or concerns regarding this Policy, please direct inquiries to: firstname.lastname@example.org.
To opt out of our email marketing or to unsubscribe from our email newsletters, you can contact our customer service department using the information in the “Contact” section below, or you can use the link provided at the bottom of each marketing message or newsletter. If you choose to opt out, you will continue to receive all email communications related to our transaction(s) and relationship with you.
If you would like to update your mailing information or want your name and address removed from our direct mailing list, you can contact our customer service department using the information in the “Contact” section below.
As described in this Policy, we may also make your information available to third parties for their direct marketing purposes (except for your phone number or biometric information). Pursuant to California Civil Code § 1798.83, no more than once per calendar year, California residents may request that we send you via mail or email: (1) the categories of personal information disclosed to those third parties; and (2) the names and addresses of those third parties. To request this information, please contact us at email@example.com.
We understand the importance of protecting children’s privacy, especially in an online environment. Our Platforms are not intentionally designed for or directed at children less than 16 years of age. We do not knowingly collect personal information from children under the age of 16 without the consent of the child’s parent or guardian. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any personal information relating to children that we have collected, we will take steps to securely remove it from our systems.
UPDATING YOUR INFORMATION
You may request to view, update, or correct your personal information by contacting our privacy office at the information provided in the “Contact” section below. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections.
We maintain reasonable and appropriate safeguards to help protect your personal information from loss and from unauthorized acquisition. We monitor activity on our Platforms to prevent any unauthorized disclosure of information. In addition, we utilize a licensed system for credit card authorization and fraud detection.
DO NOT TRACK SIGNAL
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information.
INTEREST-BASED ADVERTISING AND CHOICE
We may engage and work with service providers and other third parties to serve advertisements on the service and/or on third-party services. Some of these ads may be tailored to your interests based on your browsing of the service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the service (i.e., “retargeting”).
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps.
Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.
Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you Interest-based Advertising will do so as well, though we cannot guarantee their compliance. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
TRACKING ACROSS TIME AND TECHNOLOGIES DISCLOSURE
Some information about your use of the service and certain third-party services may be collected by us or by third parties using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the service and certain third-party services.
UPDATES TO POLICY
We may change this Policy at any time in our discretion. If we decide to change our Policy, we will post the changes on this page. Please review this page periodically to see any updates to the information provided here. This Policy was last updated on [November 1, 2021].
CONSUMERS WITH DISABILITIES
To request this Policy in an alternative format, please reach out to us at the Contact information provided below.
If you have questions or wish to contact us about this Policy, please direct inquiries to:
Luxottica of America Inc.
4000 Luxottica Place
Mason, Ohio 45040
NOTICE OF BIOMETRIC USE
Through various technology features, including but not limited to, virtual try-on technology, [LICENSOR] (including its affiliates, officers, members, employees, and representatives) ("[Licensor]") may collect data that potentially falls under the definitions of “biometric identifiers” or “biometric information” under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1 et seq. and Texas Capture or Use of Biometric Identifier Act (“CUBI”), Bus. & Com. § 503.001 et seq.
· “Biometric identifiers” are defined as retina or iris scans, fingerprints, voiceprints, or scans of the hand or face geometry.
· “Biometric information,” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
Purpose of Collection. Any collection of biometric identifiers and biometric information is for the sole purpose of assisting you in viewing how certain eyeglasses may look on your facial features. Licensor will not disclose or disseminate any biometric information to any entity, other than those contracted parties that assist us in providing this try-on service to you, or as required by applicable federal, state or local law, or pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
Retention and Destruction. Licensor shall retain any biometric identifiers or biometric information for up to six (6) months as long as you consent to such retention, maintain an account with Licensor, and choose to save your virtual profile to your account. If you do not maintain an account with Licensor, it shall retain biometric identifiers or biometric information for up to six (6) months, but Licensor will not necessarily be able to retrieve or connect this information to your identity. After six (6) months, all biometric identifiers or biometric information Licensor has collected from you shall no longer be retrievable or readable by Licensor’s operating systems or applications.
Any dispute, claim or controversy among the parties arising out of or relating to this Policy, including any provisions relating to a consumer’s rights under BIPA, shall be finally settled by arbitration in [Cincinnati, Ohio] in accordance with the Consumer Arbitration Rules of the American Arbitration Association then in effect and such resolution shall be final and binding upon the parties.
THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF OR RELATING TO THIS POLICY. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND THAT THIS POLICY DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN HAMILTON COUNTY, OHIO, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO.
The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in Cincinnati, Ohio and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.
Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in Cincinnati, Ohio, or, if brought in a federal district court, United States District Court for the Southern District of Ohio and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.
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