Welcome to the website managed by # 1 Online Eye Test LLC, a New York limited liability company (“# 1 Online Eye Test”, “We”, or “Us”). This Privacy Policy (the “Privacy Policy”) dictates how you may access, interact with, or use our website: www.online-eye-test.com and any other online services we may control, own, or offer in the present or future (collectively, the “Services").
In this Privacy Policy, “You” or “User” refers to any individual or entity accessing, browsing, submitting content, or otherwise interacting with the Services.
As we may collect certain types of information about our users, we believe it is important for you to fully understand our policy and the terms and conditions governing the collection and use of that information. This Privacy Policy outlines the types of information we collect and how it is utilized.
WHEN ACCESSING, UTILIZING, BROWSING, OR FINALIZING A FINANCIAL TRANSACTION THROUGH THE SERVICES, YOU CONSENT TO THE DATA PRACTICES DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
1.COLLECTED INFORMATION
We may collect specific information when you interact with us and utilize the Services, including but not limited to the following instances:
2.PHI & HIPAA COMPLIANCE
We may collect certain demographic, health and/or health-related information as part of providing the Services which may be considered “Protected Health Information” or “PHI” under the Health Insurance Portability and Accountability Act (“HIPAA”). However, Personal Information that you provide to Us outside of the foregoing context is not PHI, including without limitation, information voluntarily provided during account creation, through the use of our interactive tools and services, in free-form text fields within the Services, responses to surveys and questionnaires, or via direct communication such as emails, is not classified as PHI. HIPAA establishes stringent regulations for the privacy and security of PHI, dictating the permissible uses and disclosures of such information. We may only use and disclose PHI in the ways permitted by law.
3.PERSONAL INFORMATION
“Personal Information” is information that we can directly associate with a specific person without additional information, such as a name or email address. We do not collect Personal Information about you when you visit and/or use the Services, unless you decide to provide such information to us. Providing Personal Information to Us is voluntary. If you do so, you acknowledge that you are giving us your permission to use the information for the purpose specified.
(a) LEGAL BASIS FOR THE COLLECTION OF PERSONAL INFORMATION
We collect, process and use your Personal Information for the purposes described in this Privacy Policy under at least one of the following legal bases:
(b) INFORMATION WE COLLECT
Through the Services, we may collect information about you including:
(c) PERSONAL INFORMATION STORAGE
We aim to employ reasonable precautions, including physical, technical, and organizational measures aligned with industry standards, as outlined here, to safeguard your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. To protect your information, we may use computer security measures such as firewalls and data encryption. Access to your information is granted only to employees or agents who need it to perform their duties, and they are required to handle this information as confidential.
However, no security system is impenetrable and we cannot guarantee the security of our systems. Please recognize that protecting your personal information is also your responsibility. Unauthorized entry of use, hardware or software failures, and other factors may compromise the security of your Personal Information. All information you send to us electronically or through email is at your own risk, as the transmission of information via the Internet is not completely secure.
4.NON-PERSONAL INFORMATION
We collect and temporarily store certain information about your usage of the Services. Non-Personal Information means information that alone cannot identify you, including data such as cookies, pixel tags, web beacons, and device information. The information includes, without limitation:
We may use de-identified and/or aggregated information to better understand who uses our Services and to provide a better experience. If you do not want us to collect this information, you may either change your device’s privacy settings or refrain from accessing or using the Services.
5.INFORMATION COLLECTION TECHNOLOGIES
We may collect information using the following technologies:
6.DATA COLLECTION
We are committed to providing you with choices regarding the Personal Information you choose to provide. You may need to adjust the settings on your computer and/or device to restrict the collection of information by our Services. However, this may impede your ability to assess or fully utilize all the features of the Services.
You have the choice to accept or decline Cookies by adjusting your Internet browser’s settings. Most browsers provide an option to disable Cookies, preventing the browser from accepting new Cookies, and may also allow you to control how each new Cookie is handled. You may also be able to reject mobile device identifiers by enabling the appropriate setting on your mobile device. Additionally, you can delete all Cookies currently stored on your computer. While accepting our Cookies is not mandatory, blocking, rejecting or deleting them, may require you to manually set certain preferences every time you visit and some Services or features may not work as intended. To review your cookie settings, go to the “preferences” or “options” menu in your browser. If you prefer not to receive ads based on information we gathered from cookies and pixel tags, please email us at support@online-eye-test.com. We will respond within a reasonable timeframe and in accordance with applicable laws.
7.YOUR LEGAL RIGHTS
Regardless of your location, but subject to certain limits and conditions provided under law, you have the right to request to:
If you request to delete your information, please note that we retain certain information when required or permitted by law.
You can exercise these rights by emailing us at support@online-eye-test.com. When handling these requests, we may ask for additional information to confirm your identity and your request. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates, or as we are otherwise permitted under such law applicable to you. While we strive to honor all reasonable requests, please be aware that we back up the data to prevent accidental or malicious destruction of your information. Information on backup servers may take some time to be completely deleted from the system. If you request that we remove you from our system and delete all your information, please note that you may still receive materials while your request is being processed. If you request that your information be deleted, we will keep your information for a period of time in order to deter fraud. However, if you request to delete your information, your Personal Information will not be used by us or our third- party providers for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.
8.THIRD-PARTY AUTOMATIC INFORMATION COLLECTION
Our websites and online Services may include links to third-party websites, plug-ins, and applications. Except where we post, link to, or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.
9.USE OF YOUR INFORMATION
We use the information we collect for the following purposes:
10.HOW WE SHARE YOUR PERSONAL INFORMATION
The Personal Information you provide to us, whether voluntarily or automatically, may be shared without limitations, in the following instances:
11.HOW WE SHARE YOUR NON-PERSONAL INFORMATION
We may also share Non-Personal Information:
12.SECURITY AND DATA RETENTION
The security of your Personal Information is important to us. We safeguard the security of the data you send us with physical, electronic, and managerial procedures. We strive to follow generally accepted industry standards to protect your Personal Information, including during transmission and in storage. We use industry standard Secure Sockets Layer (SSL) technology to encrypt Personal Information. We maintain industry standard backup and archival systems. While we strive to protect your Personal Information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. We cannot fully guarantee the security of any data you share with us, and except as specifically required by law, we are not liable for the theft, destruction, loss or accidental disclosure of your information or content.
If we believe at any point, either during or after our relationship, that your Personal Information may have been compromised, we may try to inform you of the situation. If notification is warranted, we will aim to alert you as quickly as possible given the circumstances. If we have your email address, we may reach out to you there, using the latest email address you have provided. To receive these notifications, please regularly check your email via your computer or mobile device and email software. By doing so, you agree to our use of email for this purpose. If you prefer to receive such notifications by U.S. mail, please email us at support@online-eye-test.com with your mailing address. You may make this preference at any time, and it will take effect after a reasonable period to allow us to process it. You can also use this email address to request a printed copy, free of charge, of any electronic notice we’ve sent regarding a potential compromise of your Personal Information.
We will retain your personal information for as long as is necessary to fulfill the purpose for which we obtained your Personal Information and any other permitted purposes permitted by law, and in compliance with our data retention policies. For example, we will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
13.COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
We represent and warrant that we will adhere to all relevant laws, rules, regulations, directives, and guidelines regarding the collection, use and disclosure of data gathered from or about Users or specific devices which apply to the Services. The term “Rules” include, but is not limited to, (i) United States Federal Trade Commission laws concerning data collection, use and disclosure; (ii) the Children’s Privacy Protection Act of 1998 (“COPPA”); (iii) any state data privacy laws, and (iv) the Rules of any other jurisdiction, including the United Kingdom General Data Protection Regulation (“UK GDPR”) and the European Union General Data Protection Regulation (“EU GDPR”), as well as any relevant, rules, regulations or directives issued by a Data Protection Act, and all amendments and updates to them or regulations as replaced or superseded from time to time. Under GDPR, you hold the following rights regarding your personal data:
Additionally, you have the right to file a complaint about our personal data processing with a data protection regulatory body.
(a) CALIFORNIA ‘DO NOT SELL MY INFO’ NOTICE (PRIVACY NOTICE FOR CALIFORNIA CONSUMERS)
We may work companies that use data gathered from cookies and similar technologies to tailor online ads to better match your interests. This is known as interest-based advertising. The Services may be deemed a “sale” of Personal Information as defined under the California Consumer Protection Act (CCPA). You can opt out of interest-based advertising by:
Any information shared with third parties is controlled by each data provider and you may need to opt out from each data provider individually.
Your CCPA Rights. If you are a California resident, you have the following rights as of January 1, 2020:
As a California resident, you may submit a request to exercise your right to information, access, or deletion by emailing us at support@online-eye-test.com with “Privacy” in the subject line. We reserve the right to verify that you are a resident of and will need to confirm your identity to process these requests. This may involve providing government-issued identification. Deletion requests will be only accepted via the designated email provided in this section. You may appoint an authorized agent to submit a request on your behalf by providing a valid power of attorney or other proof of authorization acceptable to us, along with both the requester’s and the agent’s valid government-issued identification. You may also submit a request to opt out of the sale of your Personal Information as detailed above. Without adequate information to understand and address your request, we cannot process your request. In some cases, we legally decline your request.
(b) PRIVACY NOTICE FOR COLORADO RESIDENTS
As a Colorado resident you have the following rights regarding your personal data under the Colorado Privacy Act (the “CPA”) effective as of July 1, 2023:
The CPA grants consumers, or the parents or guardians of children under 13, the right to:
The CPA defines personal data as any “information that is linked or reasonably linkable to an identified or identifiable individual.” Based on this definition, personal data may include information such as individual’s name, email address, phone number, credit card details, IP address, identification number.
Additionally, “sensitive data” refers to a distinct category of personal data that is considered confidential. We would need your explicit consent to collect any of the following:
For Colorado residents who wish to exercise their rights under this section, you may contact us at support@online-eye-test.com.
(c) PRIVACY NOTICE FOR CONNECTICUT RESIDENTS
As a Connecticut resident you have the following rights regarding your personal data under the Connecticut Data Privacy Act (“CTDPA”) effective as of July 1, 2023. The CTDPA provides Connecticut residents with the following rights regarding the personal data:
Connecticut residents may exercise any of their rights under this section by sending an email to support@online-eye-test.com. We will promptly respond to a consumer’s request within 45 days after receiving the request. If reasonably necessary to comply with your request, we may extend this deadline by an additional 45 days upon notice to you stating the reason we need such extension. Note that we may charge a reasonable fee if you make more than one request within a 12-month period or if the request is “manifestly unfounded, excessive, or repetitive.”
(d) PRIVACY NOTICE FOR NEVADA RESIDENTS
This section outlines certain rights for Nevada residents. We comply with the requirements as defined under Nevada’s Privacy Law, which provides Nevada residents with choices regarding how we share and collect personal information from you in the course of providing requested services. If you are a Nevada resident, you have the right to submit a verified request to us, directing us not to make any sale of certain Personal Information that we have or will collect about you. The Services does not currently engage in the “sale” (as defined by Nevada law) of personal information.
“Nevada Personal Information” includes personally identifiable information about a Nevada consumer collected online, such as an identifier that allows the specific individual to be contacted. Nevada Personal Information also includes any other information about a Nevada consumer collected online that can be combined with an identifier to identify the specific individual. Unless otherwise stated, the Services does not sell any “Covered Information”, as defined under Chapter 603A of the Nevada Revised Statutes.
For Nevada residents who wish to exercise their rights under this section and/or for information regarding the categories of Nevada Personal Information that we collect, please contact support@online-eye-test.com. Please indicate that you are a Nevada resident making a “Nevada Opt Out” request, and include your name, telephone number and the email address used to access our site. We will respond to requests within 60 days and no more than 90 days after a request is submitted.
(e) PRIVACY NOTICE FOR UTAH RESIDENTS
This section applies solely to Utah residents. It applies to Personal Data we collect as a business; it does not apply to Personal Data we collect or otherwise process as a service provider.
If you are a Utah consumer, as that term is defined under the Utah Consumer Privacy Act (“UCPA”), you may have certain rights. Utah law may permit you to request that we:
Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.
You may also exercise your Utah consumer rights by emailing us at support@online-eye-test.com. You will be required to verify your identity before we fulfill your request. To do so, you will need to demonstrate that you have access to the email address used to create your account or provide us with certain account information, such as the full name and email address you used to create your account. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization for the agent to act on your behalf, however, you will still need to verify your identity directly with us. We may use your Personal Data to send you targeted advertising. (as that term is defined in the UCPA). To opt out of targeted advertising, email us at support@online-eye-test.com.
(f) PRIVACY NOTICE FOR VIRGINIA RESIDENTS
As a Virginia resident you have the following rights regarding your personal data under the Virginia Consumer Data Protection Act (the “VCDPA”) effective as of January 1, 2023:
We may collect, use, and disclose your personal data for business purposes. A summary of the categories of personal data collected and the purposes for which it is used can be found below. To exercise any of your rights under VCDPA, please submit an email to support@online-eye-test.com.
The VCDPA applies to individuals who are Virginia residents, acting in an “individual or household” context, but does not apply to individuals acting in a commercial context (i.e., as a representative of a business) or employment context.
Depending on the specific service or product you use, the categories of Personal Data collected may include:
Additionally, “sensitive data”, a category of personal data, would include the following:
Depending on the specific service or product you use, we may use your personal data for various business purposes, including (a) to provide, manage, support and improve our products and services, (b) to maintain and service your account, (c) to verify you, your account activity and your information, (d) to detect, investigate and report fraud, abuse or illegal use of our products and services or customer accounts, (e) to provide customer service, (f) to provide advertising and marketing to our customers, and (g) to measure our marketing campaigns and to audit consumer interactions.
14.CHILDREN’S PRIVACY
Our websites and Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13, nor do we knowingly sell or share personal information of children under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will endeavor to delete that information. If you have knowledge that we have collected personal information from a child under 13, please contact us at support@online-eye-test.com.
15.UPDATES TO THIS POLICY
We may update this Privacy Policy from time to time. Any changes or updates will be effective immediately upon posting to this page. When we make changes, we will revise the date at the top of this page to reflect the date such changes occurred. If we change the Privacy Policy in a material way, we will provide you with appropriate notice before such changes take effect. If you opt out of receiving communications, you may not receive certain notifications, however, they will still govern your use of the Services. We encourage users to periodically review this Privacy Policy for the latest information on our privacy practices. Use of our Services after an update constitutes consent to the updated policy to the extent permitted by law.
16.CONTACT US
If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, contact us and we will respond to your request within a reasonable time. In your request, please include: (a) Your name; (b) contact information, (including phone number and email address); and (c) the specific nature of your request, question, or complaint. You may contact us at:
# 1 Online Eye Test LLC
support@online-eye-test.com