MyEyeDr. and its Affiliates’ Web, Booking and E-Commerce Terms of Use & Legal Rules


1. Overview

We are MyEyeDr. ("We") and We operate as a management company with practice affiliates that employ optometrists serving your vision care needs, and We also operate retail locations, web and on-line booking services among other offerings across our entities. Taken together, these are the products offerings, and services described here (“Products and Services”). These Terms of Use & Legal Rules do not apply to optometric or clinical care provided at our offices or in telehealth/teleoptometry settings.

As a part of and condition to your (“You”) use of the Products and Services here You agree, and We do as well, that these terms control. You are free to select another site or provider, but use of the site here means these are our legal terms of use, how we settle disputes and address or resolve privacy or data issues and any related matter. Your use of this site and its subsites is an agreement between us that we both are bound to the terms, guidelines, and rules incorporated into these Terms. This site is designed solely for use within the United States.

For the method of resolving disputes and the class action restrictions, please see Sections 13 through 16 below.  

IF YOU ARE EXPERIENCING A MEDICAL CRISIS, URGENT EYE ISSUE, OR A HEALTH CARE EMERGENCY, PLEASE CALL 911 OR AN EYE DOCTOR AS SOON AS POSSIBLE.

2. Changes and Revisions to Rules and Terms

We will review these Terms to make sure they accurately reflect developments in our business operations. We reserve the right to update and revise these Terms at any time upon seven days’ notice. We’ll provide notice by reasonable means, including by posting the updated Terms and by changing the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because seven days after we post any changes, your continued use of the Products and Services constitutes your acceptance of the revised Terms.

3. Age Use Requirements

You must be 18 years old to obtain the Products and Services. If you are not you may ask a parent or legal guardian to act for you here. If so the parent or guardian is solely responsible for, and bound to, the terms and conditions we lay out here. These Terms also bind a user under age 18 once they reach the age of majority.

4. Your Account Settings and Usage

a. To get Products, Services or Offerings. You may have to create a User Account. You are solely responsible for activity that occurs through your Account via a computer or any other device. You need to carefully protect and not share your password with others. This is a critical requirement for use of the Products and Services. We will also use reasonable and industry standard methods to protect your information, passwords and related data, as laid out in our Privacy Policy and our Notice of Privacy Practices, both of which can be found on the MED website.

b. Getting Your Prescription. A prescription is required to purchase contact lenses via our ecommerce site. Existing patients may access their prescriptions when logged into their account, by contacting their office, or by using getrx.myeyedr.com.

c. Obtaining a Copy of Your Prescription. We keep your prescription on file for some time after you order your products, and we make that information available to you upon request and through our portal above. When you request a copy of your prescription by fax or email, you provide consent to us sending your prescription over unencrypted email. We will always need a complete name, address, personal identifier, and a telephone number to complete your order and send updates.

d. Payment Information & Permissions. Once you select your contact lenses or other products we will calculate the total cost for your order as part of the checkout process. After you submit your order your payment method will be charged for your order. When payment or credit card methods, including mobile payment methods and related systems, are used we need to charge the amount of the order to your payment method. Entering your payment information and order submission constitutes express informed consent that the total purchase price for an order will be charged to your payment method in accordance with industry standards. You understand and agree that after you have made your purchase and provided your payment method information, we may send you confirmations, updates and possibly other promotions or discounts you may be eligible for. You will generally receive your order within thirty (30) days. However, there is a potential that your product may be backordered. Your submission of an order constitutes your consent that, in the event your product is backordered, your product will be shipped within sixty (60) days from the date of order. If the backordered product will not be shipped to you in the foregoing sixty (60) days, we will notify you and unless you tell us otherwise, we will cancel your order and refund your payment method.

e. Checking Order Status. When you order you will receive an order confirmation and an additional message when your order ships with tracking information. For any questions or issues about your order please contact your local MyEyeDr. office (https://locations.myeyedr.com).

f. Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we try our best to accommodate order modifications, we cannot guarantee them. If you need to modify or cancel an order you placed online, please contact your local MyEyeDr. office (https://locations.myeyedr.com).

g. Risk of Loss & Insurance on Orders. The risk of loss and ownership of the Products you order passes to you upon our delivery to the carrier, such as FedEx, USPS, etc.

h. Returns, Exchanges, and Lens Replacements. Please see our E-Commerce Return Policy for specific information and processes.

i. Insurance. If you have questions regarding your insurance, please go to https://www.myeyedr.com/insurance.

j. Purchasing Quantities & Representations. We reserve the right to cancel or restrict any order, including limiting order quantities. We make no warranty or guarantee of any type about availability based on the displays or order potential on our sites.  The images, representations, and specifications we place with our Products and Services are made using best efforts. We do not guarantee performance, or that a Product will be exactly as shown or described. In all cases your remedy for complaints or a failure to match is as stated in the product’s limited warranty and our Return Policy. We will always work with you to make an accommodation or replace a Product that is not satisfactory, but in all cases both of us agree to be bound by the product’s limited warranty, our Return Policy, and our dispute resolution processes and procedures set forth herein.

5. Communicating Between MyEyeDr. and You

a. Text Messages, E-mail Communications, & Opting In or Out. By opting in to receive text messages from us or when sending us an initial SMS or text message, you agree to receive text messages from MyEyeDr. and our affiliates, that may include appointment or product reminders, marketing information, or other communications. If you provided your phone number in the course of seeking, receiving, or paying for HIPAA-covered health care services in making an appointment or filling a vision prescription then we do not use that phone number to send you text messages for marketing, as defined by federal health care law, without your express authorization or unless as otherwise permitted by federal or another law. You also represent that you are the owner or authorized user of the mobile device or account you use. You’ll be responsible for all messaging and data charges that may apply. You can opt out of receiving text messages from MyEyeDr. by texting “STOP” from the mobile device that receives the SMS messages. You can also contact us at [email protected] or [email protected]. And don’t worry—you can make a purchase without agreeing to receive texts from us. Likewise, if you provide Us with your email address and opt-in to receive emails you agree to receive e-mails from MyEyeDr. and our affiliates, that also may include appointment or product reminders, marketing information, or other communications. You represent that you are the owner or authorized user of the email or account you use, and you’ll be responsible for any data or provider charges that may apply. You can opt out of receiving emails from MyEyeDr. by using the managing preferences in the email. You can also contact us at [email protected] or [email protected].

b. Security & Hacking Potential. We take your privacy seriously and devote resources and time to protecting it, but data and information sent over the Internet and mobile networks are never 100% secure. SMS/text messages and emails you send, or that we do, are not encrypted. This means others may intercept them or might receive them accidentally. If you choose to send or receive financial information, information about your health or prescription information, insurance or similar numbers, or other sensitive information by text or email, you do so at your own risk. By texting us you consent to receiving unencrypted text messages back from MyEyeDr. The same applies to emails. The only certain method of communication where we may not have a hacking situation, data theft, or other issue is in a live phone call. Therefore, if you need to speak with us directly to manage an order or appointment, please visit https://locations.myeyedr.com.

6. Intellectual Property & Trademarks

All of the trademarks, service marks, and logos of MyEyeDr. and its affiliates are registered and unregistered trademarks or service marks of MyEyeDr. Other company, product, and service names used in connection with the site and services may be trademarks or service marks owned by third parties (the “Trademarks"). Your license to use the site and any services does not include any license or right to use any Trademark displayed here.

You must not use the Trademarks to disparage us, any third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. You must not use any Trademarks as part of a link to or from any website unless we approve such use by prior written consent specifically for each such link. Any goodwill or other benefit created through the use of our Trademarks is for our sole benefit.

We prohibit re-use, displays, or copying of our marks here without advance written permission from us. Some of the manufacturers we use here on our site may hold their own trademarks and protected images, and our use of those is solely and only for their sale and promotion. Note that lawsuits for intellectual property infringements will be filed in the appropriate court and not subject to our arbitration policies contained herein.

For permissions to use or reproduce any Trademark or logo, please contact us at [email protected].

7. Content Terms from a User or Patient & No Medical Advice

If you submit, distribute, transmit, or post content on our sites of any type, you give us a non-exclusive right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media formats or distribution channels. You agree that this license includes the right for us to use your content to provide, promote, and improve the Products, Offerings, or Services across us and our affiliates, all royalty-free and with no charge. So, if you do not agree with these allowances, please do not provide the postings or any materials to us.

You hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us) and your submission of such materials to us does not violate or infringe the rights of a third party, including any privacy rights, publicity rights, copyrights, or similar trademarks.

All of our content on the sites, the booking site, and our related sites are for convenience, sales, and an efficient customer experience. No content here is designed as medical or optometric advice, nor a specific instruction for any patient. In all cases to receive care you must be seen in a proper setting by a medical professional, be it in person, through a telehealth exam (as allowed in an applicable state), or otherwise. You have to factor age, health, lifestyles, and many other factors in receiving medical and optometric care.  

8. Copyright Policy & Notice to Us

If you suspect a person is posting on our sites any material that you own, or without your authorization, contact us at [email protected]. Please provide to us (i) specific identification of the copyright that has been allegedly infringed, (ii) proof of ownership, (iii) your contact information, including address, telephone number and, if available, email address, and (iv) a statement on why the material is not authorized. We will review and provide you with a written response as soon as we are able to do so.

9. Website & Trademark Warranty Disclaimers

The Services or booking functions may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Products and Services, and, to the fullest extent permitted by law, we are not responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Products and Services. Your interactions with organizations and/or individuals found on or through the Products and Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

THE SERVICES, PRODUCTS AND OFFERINGS HERE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYEYEDR. ITS AFFILIATES AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS AND SERVICES OR ANY CONTENT ON THE SERVICES OR OFFERINGS, INCLUDING ALL ONLINE BOOKING, WHETHER PROVIDED OR OWNED BY US OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM MALWARE OR VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE OR COMMERCE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT REPRESENT OR WARRANT THAT ALL OF THE CONTENT WE POST IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE PRODUCTS AND SERVICES WILL MEET YOUR NEEDS OR PURPOSES. WE USE BEST AND REASONABLE EFFORTS TO MANAGE OUR SITES AND ALL RELATED CONTENT.

Not all jurisdictions allow the exclusions of implied warranties, so some of the above exclusions may not apply to you based on where you reside, and we reserve the right to assess these at the time of a claim or arbitration demand.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYEYEDR. OR ANY AFFILIATE OR AGENT BE LIABLE TO ANY PARTY UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE PRODUCTS AND SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PRODUCTS AND SERVICES OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, MALWARE OR THE LIKE THAT CAN BE TRANSMITTED TO OR THROUGH OUR PRODUCTS AND SERVICES BY ANY THIRD PARTY, OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (I) FEES OR COSTS PAID BY THAT USER TO US FOR THE APPLICABLE PRODUCTS; OR (II) $5,000.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, PRIVACY CLAIMS, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYEYEDR. OR ANY AFFILIATE OR AGENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Termination of Access & Rights

At any time, We may terminate your access or license to use the Products and Services or any related portion of our sites, without providing You with notice or why. In the event of termination, your obligations under these Terms will remain in effect.

12. Governing Law

No matter where you live the laws of the State of Delaware govern these Terms and the relationship between you and MyEyeDr. and its affiliates and agents, without regard to Delaware’s conflict of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in Fairfax County, Virginia for exclusive jurisdiction and venue for the purpose of litigating any dispute arising out of or related to your use of the Services, Products or Offerings in our sites.

13. Dispute Resolution Process & Arbitration

To resolve disputes as inexpensively as You and We can, You and We agree here that every dispute arising out of or in connection with these Terms, the Products and Services or Offerings will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court and can avoid what is often the largest part of a dispute: the attorneys’ fees. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Products and Services, or Offerings, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms, or your leaving as a patient, or a turn off of your access to our sites. You and We waive the right to a jury trial in all matters, and further, You and We waive any and all rights to make a claim in, join in, or otherwise resolve any dispute or claim of any type in a class action lawsuit, either in a court or through arbitration.

14. Exceptions to Arbitration

Despite the provisions above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual, non-class action, suit in small claims court if the damages and other requirements are met for that small claims court; (ii) pursue an enforcement action or complaint through the applicable federal, state, or local agency if such an action is available; (iii) for either of us seek injunctive or declaratory relief in a proper court of law; or (iv) to file suit in a court of law to address a trademark, patent or related intellectual property claims. Additionally, these Terms and this Section do not apply to any professional services furnished by optometrists or other professionals.

15. Arbitrator

Any arbitration between us based on the sites or these Terms will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us at [email protected]. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

16. Notices & Procedure to Arbitrate

a. Procedure. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express with a required signature, or only if such other party has not provided a current physical address, then by electronic mail (“Notice”). MyEyeDr.’s address for Notices is: MyEyeDr. Legal, 8614 Westwood Center Drive, 9th Floor, Vienna VA 22182, with an email address [email protected]. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“a demand or amount”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 45 days after the Notice is received, you or MyEyeDr. can commence an arbitration proceeding. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; or (ii) the last written settlement amount offered by MyEyeDr. in settlement of the claim prior to the arbitrator’s award; or (iii) $5,000.

b. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a major city or metropolitan area near you, as set forth below, but if the claim is for $15,000 or less the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; or (ii) through a non-appearance based telephone hearing;  If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, determined by the relevant Federal Rule of Civil Procedure, then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse MyEyeDr. for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

c. No Class Actions & Batch Claims. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CLASS REPRESENTATIVE PROCEEDING. For Batch Claims as discussed herein, those claims may be consolidated as noted.

d. Arbitration Hearings. These will take place (at your option) either in the county of your residence or by phone, except that in the case of Batch arbitration below, the hearing will take place either in Tysons VA or by phone or videoconference, at the option of AAA. If the parties are unable to agree on a location, or in the case of Batch arbitration, AAA will determine the location. If your claim is for $15,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. If your claim exceeds $15,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.

e. Similar or Mass Filing Claims. Similar claims brought by the same or coordinated counsel will be batched together for efficient resolution. To ensure efficient resolution, if within a 180 day period, 15 or more claimants submit Dispute Notices or file arbitrations raising similar claims (i.e., with the same or similar facts, events or legal issues) and are represented by the same or coordinated attorneys or representatives, these disputes must be arbitrated in batches of up to 50 claimants each (a “Batch”). Specifically, upon notice from either side, AAA must group the arbitrations into: (1) a single Batch (if there are 15 - 50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). AAA will then provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by AAA, one set of Arbitration Fees, and one hearing (if any) per Batch, to be held in Tysons, VA, or by phone or videoconference at the option of the arbitrator. All parties bound here agree to cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process or administrative arbitrator. If this Batch approach is deemed unenforceable as to a particular claimant or Batch, then it will be severed as to that claimant or Batch, and those parties must arbitrate in individual proceedings.

f. Modifications to this Arbitration Provision. If MyEyeDr. makes a material future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with us will be promptly terminated and these arbitration provisions, as in effect immediately prior to the changes you rejected, will survive.

g. Enforceability. If Section 13 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising out of or related to these Terms.

17. Severability

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO A PARTY.

18. Consent to Electronic Communications

By using the Products and Services, you consent to receiving certain electronic communications from Us. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. If you want to change your communications preferences, please contact Us at [email protected].

19. California Consumer Rights Notice and Privacy Disclosure

Please see below for the California Consumer Rights Notice and Privacy Disclosure, which are incorporated into this document.

20. Entire Agreement

These Terms, our Privacy Policy and our Notice of Privacy Practices constitute the entire agreement between us and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Services, Products or Offerings, but do not include professional services furnished by eye professionals or services provided at our retail locations or via telehealth. Any rights not expressly granted herein are reserved to MyEyeDr.

21. Issues Beyond Our Control & Assignment Ban

We take our commitment to patients and customers seriously. But sometimes things may come up that are outside of our control or can’t be managed by us. We cannot be and are not liable for any failure to perform any of the obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation, supplier shortages or service provider failures, acts of nature, governmental actions, or delays, disruptions and shortages due to or as a result of public health emergencies, epidemic, pandemics (e.g., COVID-19 for example), or similar events.

You may not assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent.

If MyEyeDr. does not enforce any part of these Terms, it does not mean MyEyeDr. gives up its right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, MyEyeDr. must provide you with written notice of such a waiver through one of our authorized representatives.

Thank you for reading these terms. They are designed to make an efficient site and reduce the costs and burden to all involved in our providing efficient services and products to our community.

How to Contact Us. For questions or concerns regarding these Terms or the Services, please contact Us via email at [email protected] or by mail to: MyEyeDr. 8614 Westwood Ctr. Dr., 9th Floor, Vienna, VA 22182.

 

Published: June 2024

 

California Consumer Rights Notice and Privacy Disclosure


Notice for California Users

Under California Civil Code Section 1789.3, California users of the Products and Services are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or via email to either https://www.dca.ca.gov/about_us/contactus.shtml or https://www.dca.ca.gov/webapplications/apps/complaint/index.shtml or by telephone at (916) 445-1254 (Sacramento area/out of state) or (800) 952-5210 (California residents only).

California Privacy Rights

If you are a California resident, please review these additional privacy disclosures, which provide a summary of how We collect, use, disclose, and sell personal information about you and explain your rights under the California Consumer Privacy Act (“CCPA”).

 

Categories of Personal Information We Collect, Use, and Disclose for Business Purposes

We may collect the following categories of personal information:

  • Identifiers, such as name, email address, mailing address, phone number, or IP address
  • Commercial information, such as records of purchases and payment information
  • Health information, such as prescriptions and eye exam notes
  • Internet or other electronic network activity information, such as log data, and information about the devices and computers you use to access Our Products and Services
  • Geolocation data, such as GPS signals, device sensors, and Wi-Fi access points, where you have allowed access to that information
  • Electronic, visual, or similar information, such as photos
  • Professional or employment-related information, if you apply to work for us
  • Education information, if you apply to work for us
  • Other information you provide, such as demographic information, responses to surveys, or messages to customer service
  • Inferences drawn from any of the above, including about the content or ads that may be of interest to you

 

Categories of Sources Used to Collect Personal Information

As a result of your use of the Products and Services, We collect this information from you (such as when you register for an account or purchase products), from third parties, or automatically (such as from your devices).

For more information, please see our Privacy Policy.

 

Sale and Sharing of Personal Information

In the last 12 months, we have not knowingly sold any Personal Information of California Consumers, including no actual knowledge that we have sold the Personal Information of California Consumers under the age of 16 years old.

In the last 12 months, we have shared Personal Information of California Consumers, including the Personal Information of California Consumers under the age of 16 years old. The CCPA defines “sharing” as: Sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.

The categories of personal information shared (as defined by the CCPA) include:

  • Identifiers, such as name, email address, mailing address, phone number, or IP address
  • Internet or other electronic network activity information, such as log data, and information about the devices and computers you use to access Our Products and Services
  • Geolocation data, such as GPS signals, device sensors, and Wi-Fi access points, where you have allowed access to that information

This personal information has been shared (as defined by the CCPA) with the following categories of parties for the following purposes:

  • With Marketing, Analytics, and Advertising Partners. Some of Our third-party advertising partners use cookies and other technologies to collect information about your online activities regarding Our Products and Services and across other online services in order to deliver more relevant advertising when you are using the Products and Services or other websites. 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 Products and Services. These services may include Google Analytics and Adjust Technology.

 

Sensitive Personal Information

The CCPA provides you additional rights with respect to sensitive personal information (which includes, social security, driver’s license, state identification card, or passport number, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, genetic data, biometric data, personal information collected and analyzed concerning a consumer’s health, and personal information collected and analyzed concerning a consumer’s sex life or sexual orientation).

We do not use sensitive personal information for purposes of inferring characteristics about a consumer.

 

Your Rights. Under the CCPA, California residents have certain rights related to their personal information.

The Right to Know. You may request that We disclose to you the categories of personal information We have collected, used, disclosed, or “sold” within the meaning of the CCPA, including:

  • Specific pieces of information that We have collected about you
  • Categories of personal information We have collected about you
  • Categories of sources from which the personal information is collected
  • Categories of personal information about you that We have sold, shared, or disclosed for a business purpose
  • Categories of third parties to whom the personal information was sold, shared or disclosed for a business purpose
  • The business or commercial purpose for collecting, selling, or sharing personal information (collectively, the “Right to Know”)

The Right to Delete. You have the right to request that We delete personal information about you that We have collected from you (the “Right to Delete”).

The Right to Correct. You have the right to request that we correct any incorrect personal information that we collect or retain about you, subject to certain exceptions.

Exercising Your Rights. To exercise your Right to Know, Right to Delete, or Right to Correct:

You can contact us at [email protected] or [email protected].

Right to Opt Out. You have the right to direct Us to not sell or share your personal information at any time (the “Right to Opt Out”). To exercise your right to opt out:

You can contact us at [email protected]  or [email protected].

Verification. In order to exercise these rights, you will need to verify your identity to protect your security and personal information, which may include providing certain information. Note that even if We honor your request to delete your information, We may retain certain information as required or permitted by law.

Authorized Agent. You may elect to have an agent exercise your rights for you. Even if you choose to use an agent, We may, as permitted by law, require:

  • The authorized agent to provide proof that the consumer gave the authorized agent signed permission to submit the request;
  • The consumer to verify their identity directly with the business;
  • The consumer to directly confirm with Us that they provided the authorized agent permission to submit the request.

Non-Discrimination. We may not discriminate against you because of your exercise of any of your privacy rights, or any other rights under the CCPA, including by:

  • Denying you goods or services
  • Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties
  • Providing you a different level or quality of goods or services
  • Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to Us by your personal information.

Shine the Light. If you’re a resident of California, you can request 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.

Please submit a written request to either [email protected] or [email protected].