WEB SITE USER AGREEMENT
This Web Site User Agreement (the "Agreement") between you and National Vision, Inc. ("NVI") d/b/a AMERICA's BEST CONTACTS & EYEGLASSES, details the terms and conditions of your permitted use of this website and associated mobile applications ('Web Site'). The Web Site is designed as a shopping, and information resource. Your use of all, or any portion of, the Web Site, including but not limited to your downloading of information or ordering of any products from this Web Site, signifies your acknowledgement of the reasonableness of these terms, and your express agreement to be bound by these terms. If you choose to continue to use or access this Web Site after having the opportunity to read the Terms, you recognize that NVI has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to be bound by any, or all, of these terms, you are instructed not to access or use the Web Site, as your usage will be conclusively presumed to represent your agreement to be bound by the following terms. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You grant us the right to continue to send such emails until you specifically notify us that you wish to no longer receive emails from the Company.
MOBILE TERMS AND CONDITIONS
Effective Date: 03.20.2017
You may opt in to receive marketing notifications from America's Best through your mobile device. Text JOIN to 72210 to receive text messages. Message frequency may vary. Message and data rates may apply.
By opting in to this service, you consent to receive mobile text alerts at the phone number you provided. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
Text STOP to 72210 to stop receiving America's Best Notifications Text Alerts messages from America's Best (You will receive a confirmation text).
For additional information, text HELP to 72210 or contact 800-411-1162.
Supported carriers are:
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
TRADEMARKS AND DOMAIN NAMES
The trademarks, logos, service marks, trade dress, and domain names (collectively, the "Trademarks and Domain Names") displayed on the Site are registered and unregistered Trademarks and Domain Names of National Vision, Inc. and its subsidiaries, as well as other companies. National Vision, Inc.'s Trademarks and Domain Names may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All trademarks and domain names not owned by National Vision, Inc. or its affiliates that appear on the Site are the property of their respective owners.
The text, images, graphics, button icons, logos, audio and visual clips, and software (together, the "Content") of this Web Site is the property of NVI, its related entities, or its suppliers, and is specifically protected by copyright laws of the United States of America and International treaties. Your use of this Content is restricted to personal, non-commercial, purposes. Any reproduction, distribution, transmission, modification, publication, broadcast, or other exploitation of the Content, design, layout, or other individual elements of this Web Site without the express written consent of NVI is strictly prohibited and may constitute a violation of proprietary rights. You should be aware that NVI is very protective of its property. Requests for consent to otherwise-prohibited use of this Web Site are rarely granted; however, if you have a reasonable request, we will certainly consider it. This is not to say we will consent, but we will consider it. Remember, ask before you act -- as any of the above-described uses without our express written consent are strictly prohibited. To request such permission, or for more information, please contact us or send us an e-mail.
DISCLAIMER OF WARRANTY
THIS DISCLAIMER OF WARRANTY ('DISCLAIMER') APPLIES ONLY TO YOUR FREE USE OF THE WEB SITE.
THIS DISCLAIMER OF WARRANTY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM NVI.
THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY NVI PRODUCT OR SERVICE, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEB SITE.
THE CONTENT OF THIS SITE IS PROVIDED BY NATIONAL VISION, INC. AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED IN THIS SITE IS FOR INFORMATION PURPOSES. NVI IS NOT OFFERING THIS WEBSITE, IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEB SITE IS NOT A 'GOOD' WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED FOR FREE. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR EYECARE PROFESSIONAL. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, BESTCONTACTS.COM DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. NATIONAL VISION, INC. AS WELL AS ALL OWNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You agree that our sole obligation to you is to provide the Web Site as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Web Site, we will not be liable to you or to any third party for your use of the Web Site.
LIMITATION ON LIABILITY
THIS LIMITATION ON LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain the Company's express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
USE BY MINORS
This Web Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Web Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register on the Web Site. NVI reserves the right to terminate your membership in the event that NVI becomes aware you are under 18.
We are pleased to hear from our customers and welcome your comments regarding our products or services, including the Site. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein. If you would like to edit or delete a published submission, please email us.
SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Terms & Conditions ' Contact Lens Sales
Please read the following Terms & Conditions carefully before submitting your order.
YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE WITH ALL OF THE FOLLOWING CONDITIONS:
- You must have a valid, current prescription for any contact lenses or prescription eyewear that you are ordering issued by a duly licensed eye-care professional located in the USA.
- You have not been advised by an eye care professional to stop or suspend wearing contact lenses for any medical reason. You will continue to have your eyes examined regularly by a licensed eye care professional.
- You will restrict your contact lens wearing schedule to the recommended wearing schedule established by your eye-care professional, and you will not exceed this recommended wearing schedule as this can lead to serious eye-health complications.
- You understand that you must take proper care of your contact lenses as directed by your eye care professional. Before using your contact lenses, you agree to carefully review all instructions and information provided by your eye care professional and/or by the contact lens manufacturer.
- You should never share your contact lenses with anyone. Contact lenses are classified as prescription medical devices by the FDA. Sharing can also lead to serious eye health complications and can spread infectious diseases.
- If you are having any unexplained eye discomfort, watering, vision change or redness, you will immediately remove your lenses and consult your eye care professional before wearing your lenses again.
- Health Insurance Portability and Accountability Act of 1996 (HIPAA). You grant us permission to share your contact lens prescription information and/or address information with Manufacturers and Distributors for the express purpose of completing your order. You also grant us permission to verify the information you have provided with your eye doctor and authorize your eye doctor to release that information to us. We will NEVER release any private information about you to anyone outside our company for any purposes other than as provided under HIPAA or as otherwise stated above.
*In certain states, eye exams are provided by independent Doctors of Optometry or Ophthalmology. Eye exam regularly $50 without the two pair offer. Two pair purchase required for FREE eye exam offer.
Notice of Privacy Practices
Effective Date: January 1, 2020
Last Reviewed On: December 30, 2019
The Privacy Notices provided on this page apply to America’s Best Contacts & Eyeglasses and America’s Best Vision Plan (collectively, “we”. “us”, or “our”). This Notice describes how we collect, use, and share information about you in the course of providing our services and explains your rights with regards to that information. This Notice applies to our website (americasbest.com) (our “Website”), the vision services we provide and any other way we may collect or receive information about you (collectively, our “Services”). This Notice does not apply to your protected health information (“PHI”), which is governed by our Health Insurance Portability and Accountability Act of 1996 Notice (“HIPAA”) available here.
- Personal Information We Collect
- How We Use and Share Personal Information
- Your Rights and Choices About Your Personal Information
- Contact Us
“Personal information” refers to any information about you by which you can be personally identified. We collect or obtain the following categories of personal data about you. Please see “How We Use and Share Personal Information” for more information about why we collect the categories of information below.
Examples of Information We Collect
- We collect information like your name, postal and email address, and other identifiers when you make an appointment with us or communicate with us, in order to provide and improve our services and for the other business purposes listed below. We may automatically collect your Internet Protocol address when you visit us to improve our products and communications. Please see “More About Cookies”, below.
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
- We collect your name, address, telephone number, credit or debit card number, other financial information, medical information, and health insurance information when you make an appointment with us or initiate a transaction with us, to provide our services and for the other business purposes listed below. We may also collect your contact details when you communicate with us.
- Protected classification characteristics under California or federal law.
- We collect your prescription information when you use our services. We may also collect your gender, age, and marital status in order to improve our product offerings and marketing communications and for the other businesspurposes listed below.
- Commercial information.
- We collect your transaction history and other information about your purchasing history in order to improve our product offerings and for the other business purposes listed below.
- Biometric information.
- We do not collect this type of information.
- Internet or other similar network activity.
- We collect information about visitors to our websites, including how visitors search for our products and interact with our Website, applications, or advertisements, to improve our communications and product offerings and for the other business purposes listed below.
- Geliocation data.
- We collect and use generalized location information to improve our product offerings and for the other business purposes listed below.
- Sensory data.
- We do not collect this type of information.
- Professional or employment-related information.
- We do not collect this type of information.
- Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
- We do not collect this type of information.
- Inferences drawn from other personal information.
- We collect information about preferences, characteristics, and trends in order to improve our product offerings and for the other business purposes listed below.
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the California Consumer Privacy Act’s (“CCPA”) scope, like:
- health or medical information covered by HIPAA and the California Confidentiality of Medical Information Act (“CMIA”) or clinical trial data (please see our Notice of Privacy Practices for more detail about the privacy of your health information);
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FRCA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994.
We obtain all of the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website using cookies.
- From third-party service providers. For example, we obtain demographic data from a third-party service provider to use for marketing analytics.
We automatically collect statistics from your browser or device on site usage patterns and your preferences through cookies, web logs, web beacons and third party service providers. This information may include Internet protocol (IP) addresses, device ID and type, browser type, Internet service provider (ISP), referring/exit pages, the operating system used by your device, date/time stamp, your mobile device's geographic location, and/or clickstream data.
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. We use session ID cookies to allow visitors to easily navigate during checkout and access their account information. A persistent cookie remains on your hard drive for an extended period of time. We use a persistent cookie to welcome visitors returning to the site and to associate appropriate advertisements for our visitors.
Most Internet browsers allow you to disable, turn the cookie feature off, or reject cookies entirely by changing the settings on your Internet browser. Changing these settings may affect your ability to use certain features and functions of the Website. Without a session ID cookie, your ability to complete a purchase and checkout will be limited.
If you are accessing our site on your mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer) or Advertising IDs (for iOS 6 and later), instead of cookies, to recognize you. We do this to store your preferences and track your use of our Website. Unlike cookies, device IDs cannot be deleted, but Advertising IDs can be reset in 'settings' on your iPhone.
You may interact with content on our Website through social media plugins provided by Facebook, Twitter, Google and LinkedIn. We do not control the information that these companies collect when you choose to use their social media tools, whether through cookies or otherwise, nor do we control how these companies use any information they collect. We encourage you to review their privacy policies before interacting with these social media tools.
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example, when you schedule an appointment, we use the information you have provided to schedule your examination. The information you supply to us also is added to our customer database. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments, to confirm and communicate with you about appointments and products, and to prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
- As described to you when collecting your personal information; or
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
In the preceding twelve (12) months, we have disclosed the following categories of personal information to our third-party service providers for the business purposes described above:
- Category A: Identifiers.
- Category B: California Customer Records personal information categories.
- Category C: Protected classification characteristics under California or federal law.
- Category D: Commercial information.
- Category F: Internet or other similar network activity.
- Category K: Inferences drawn from other personal information.
Under applicable law, we are permitted to disclose personal information to service providers in accordance with written contracts requiring our service providers to keep the information confidential.
In addition to third-party service providers, we share all of the categories of personal information we collect with government entities (if required by law or reasonably necessary to avoid harm).
In the preceding twelve (12) months, we have not sold personal information. Our policy is that we do not and will not sell your personal information, unless you give us your consent or direct us to do so.
We may sponsor or host contests or drawings from time to time. Some contests may be offered in conjunction with a third party sponsor and Website users will be notified at the time of the contest as to whether a third party sponsor is involved and whether the third party will be receiving the user's personal information to send promotional communications. The Website user can then choose whether to enter the contest or not at that time based on the terms and conditions associated with that particular contest.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you may contact us at [email protected].
We may verify your prescription information provided with your order with your doctor or eye-care provider as required by federal law. For more information about how your Protected Health Information, please see our HIPAA Notice of Privacy Practices.
We have implemented appropriate physical, electronic, and administrative procedures to safeguard and prevent unauthorized access, maintain data security, and correctly use the information we collect online. Please note that there is risk involved in using the internet. Thus, our goal is to provide a reasonable level of security based on general industry standards. We therefore recommend that you use every precaution to protect your information when using the internet and any other links.
All transactions occur through our secure server, protected by a DigiCert® Secure Site Certificate. That means that we use encryption to secure information sent from your computer to our servers. In addition, credit card numbers and other sensitive information are encrypted in our database(s) to provide a second layer of security for your private information. When credit card information is transmitted online, we use Secure Sockets Layer (“SSL”) server software to prevent unauthorized access to the information. SSL is a highly sophisticated method of scrambling data as it travels from your computer to our Website servers. You can identify the secure connection by looking for a locked padlock icon at the lower portion of your browser window.
Our Website and Services are not directed to children under the age of 16 and we do not knowingly collect personal information from children. It is our policy not to knowingly solicit or permit children under the age of 16 to provide their personal information for any purpose. In accordance with the Children's Online Privacy Protection Act of 1998 (“COPPA”) and our internal policies, if a person under age 16 submits information to us through any part of our Web Site, and we know that the person submitting information is under age 16, we will not use it for any purpose. We will delete the information as soon as we discover it, and we will not disclose it to third parties. If you are under the age of 16, please stop using our Web Site and its services.
If you ever need to update or delete any information on file with us, you may call us at 1-800-637-3597 or email us at [email protected]. If you need to update your information when re-ordering, you will have a chance to make changes to your payment information, shipping and billing address(es) at checkout.
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 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.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not disclose personal information to any third parties for their direct marketing purposes.
In addition, under California law, web site operators are required to disclose how they respond to web browser 'do not track' signals or other similar mechanisms that provide consumers with the ability to exercise choice regarding the collection of personal information of a consumer over time and across third party web sites, to the extent the operator engages in that collection. We do not respond to any such 'do not track' signals, as no one do not track standard has gained consensus.
This law also requires web site operators to disclose whether third parties may collect personal information about their users' online activities over time and across different web sites when the users use the operator's web site. We do not knowingly permit third parties to collect personal information about an individual consumer's online activities over time and across different web sites when a consumer uses our Website.
Third parties that have content embedded on our Website (such as social networking features) may set cookies on a user's browser and/or obtain information about the fact that a web browser visited our Website from a certain IP address. These third parties cannot collect any other personal information from our Website unless you provide it to them directly.
You 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 (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
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.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- 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.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
- Making a verifiable consumer request does not require you to create an account with us.
- We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We will not discriminate against you for exercising any of your California privacy rights under the CCPA. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Our Privacy Notice may change from time to time. If we decide to change our Privacy Notice, we will update the “Effective Date” at the top of this Privacy Notice. Your continued use of the Website or Services following the posting of revised Privacy Notice means that you accept and agree to the changes.
If you have any questions regarding this Privacy Notice or our privacy practices, please contact us at [email protected] or call us at 1-800-637-3597.