Last Updated: November 2021
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, if you are under 18 years old and would like to use the Services, you may, but only if a parent or legal guardian who is at least 18 years old supervises you. In such cases, the adult would be the user and is responsible for any and all activity. If you create an account, make a purchase, provide information about, or otherwise use the Services on behalf of, or in conjunction with, a minor child, you represent and warrant that you are the child’s parent, or legal guardian and have the authority to act on his or her behalf and, in such event, “you” and “your” will refer and apply to such minor child as well.
If you have any questions, please reach out to us at email@example.com.
1. Children’s Information
We are especially sensitive about children’s information. We do not offer child directed Services. However, we expect that parents, or legal guardians of minor children would use the Services together for the purpose of purchasing eyeglasses for children. If you are a parent or legal guardian of a minor child, you may use our Services on behalf of, or in conjunction with, a minor child. By using the Services and providing a child’s personal information, a parent or legal guardian of a minor child is knowingly consenting to the collection of a child’s personal information by us. We do not knowingly target nor collect personal information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you have questions concerning our information practices with respect to children, or if you believe a child under the age of 13 has provided us with personal information, please email us at firstname.lastname@example.org.
2. Not Intended for EU Residents; Information Stored in the United States
The Services are not intended for European Union (EU) residents. Accordingly, you understand that your information may be stored in the United States. Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection as the EU. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside, and acknowledge that the protection of such information may be different than required under the laws of their residence or location.
3. What Information does Fitz Frames Collect
Information you provide us:
· When you create an account. When you create an account with us, you provide a name, email address and password.
· When you make a purchase or use our Services. If you make a purchase, we request information from you to facilitate the transaction and get you the goods. You may also provide us with information when you use certain online features, such as measurement capture. This information may include (i) your name, email address, phone number, shipping address, billing address (ii) prescription information, including any images of prescriptions you may provide to us (iii) medical history and information about your vision, (iv) information about the products you try on and purchase, and (v) information about other people, such as when you direct us to send a gift card. If you provide us with an image of your prescription, we obtain any information that appears on the prescription form.
As part of the Services we will ask permission to access your camera for a facial scan in order to collect facial measurement data for your custom eyeglasses via what is called the TrueDepth API. We use the scan to derive facial measurements, so that we can manufacture custom eyeglass frames for you.
Fitz Frames may retain your facial measurement data for up to three years from the last time you either went through the fitting process on the Fitz Frames app and created a profile, or placed an order, or had an active membership, whichever is later. Once your data is deleted, you will need to re-measure if you decide to order glasses. You are always in control of your data. You can delete your profile or account at any time within the app. Or we can do it for you, just contact customer service at email@example.com or (833) SEE-FITZ.
When you make a purchase, we ask you to provide payment information, which may include payment card information (such as credit card number, type, and expiration date), vision insurance plan information, billing address, and shipping address. Our payment processor, which is required by credit card issuers to meet specific security requirements, will collect, store, and process your credit card and other payment information on our behalf using industry-standard security measures. We do not store any payment card information.
· When you contact us. We do everything possible to make sure you have an exceptional shopping experience. If you contact us in person, by phone (call or text), email, instant message (including Facebook Messenger), live chat, through social media or our App, or by some other means, we may keep a record of your contact information and the content of the communication for later reference. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services. We receive responses to any survey that you choose to complete for us.
Information we collect from third parties:
· Information from your doctor. Your doctor may share your prescription information with us in order for us to provide the Services or complete your purchase. With your written authorization which we will obtain as part of the Services, we may also contact the doctor specified on the prescription you submitted to verify the prescription information.
· Information from third party services. Some parts of our Services can be linked to other accounts you have with Third Party Services (“Third Party Accounts”) or you may be able to register for an account on our Services with your Third Party Account. If you connect a Third Party Account to our Services or interact with us through a Third Party Account, we may receive information about you, including your Third Party Account profile information and your photo, and your use of the Third Party Account (for example, if you select a Fitz Frames product to purchase through the account). If you mention us through your Third Party Account, we may collect publicly available information and content related to your comment. If you wish to limit the information available to us, you should visit the privacy settings of your Third Party Accounts to learn about your options.
· Information from other third parties. We may collect information about you from other third parties, including demographic information, and combine this information with other information we collect about you.
Information we automatically collect:
· Web logs and usage information. We record certain information and store it in log files when you interact with our Services. This information may include device and browser information, internet protocol (IP) address, URLs of referring/exit pages, and search terms.
· Our Fitz Frames App. When you download and use our Fitz Frames App, we may receive information from your mobile device, such as IP address, your location, device information, and unique device identifiers. For the purposes of stability and improving user experience, we collect analytics data within our App.
· Information from cookies and other technologies. Our Services may incorporate tracking technology such as “pixel tags”, “web beacons”, and “cookies” that allow us and our service providers to collect information about your actions on our Services. Our service providers may collect information about your online activities over time and across different online services. Cookies are small files that web servers may place on your computer when you visit a website. You may be able to set your web browser to reject cookies entirely or require that it request permission from you before accepting each new cookie. You can also delete cookies from your web browser once you leave a website.
4. How We Use Your Information
Generally. We primarily use your information to provide you with custom fit eyeglasses, and enhance our Services and your overall experience with Fitz Frames. Some ways we may use your information include:
· to provide our customers individually custom-fitted eyeglasses
· to provide, personalize, and improve our products and our Service
· to facilitate the sale and delivery of your purchases
· to communicate with you, including to respond to your comments or questions, and to send you updates about your order
· to understand your use of our Services to help us improve the customer experience
· to provide you information, recommendations, and marketing materials about our products and Services
· to deliver gift cards in accordance with your instructions
· for our other internal business and training purposes
Photos, Scans, and Images. We use the functionality of your device’s TrueDepth sensor to take a scan of your face and derive the specific measurements to create custom eyeglasses frames. When you submit (or grant us permission to take) a photo, facial scan, or other image of you, we don’t share those photos, scans, images, or any facial data captured in the facial scans, with any third parties, but we may use them as described below:
· to map and measure your facial features in order to create custom-fit frames, or to address certain problems or concerns you may have with your glasses
· to help better understand how our frames fit our customers and provide frame recommendations
· to provide, personalize, and improve our products and our Services
5. How We Share Your Information
If we share your information, we do so only as described below.
Please note that we do not share with third parties the facial reference point information that we collect using the TrueDepth API.
We may provide your information to our contractors, agents, and service providers as necessary to enable them to perform certain services for us, including but not limited to:
· order fulfillment
· delivery services
· payment processing
· vision insurance claim processing
· account registration
· website-related services, such as web hosting
· customer service
· improvement of website-related services and features
· maintenance services
· data analytics
With marketing and advertising partners
You can learn about how to opt out of receiving personalized website advertisements from our advertising partners who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations. Links to those sites are below. Note that because your election to opt out is managed through cookies, if you delete these cookies or use a different browser, you will have to make the same selection again.
· Network Advertising Initiative: http://www.networkadvertising.org/choices
· Digital Advertising Alliance: http://www.aboutads.info/choices
One of the third party services that we use to track your activity on our Services is Google Analytics. If you do not want Google Analytics to collect and use information about your use of our Services, then you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout). You also may opt-out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings located at https://www.google.com/settings/ads. You can also visit your device’s settings or install the AppChoices app to learn more about how you may opt out of receiving personalized ads in mobile Apps.
We use Facebook Custom Audiences to deliver advertisements to you on Facebook, and to provide data to us, based on email addresses that we have collected.
With your doctor and dispensing optician
We may share your information with your doctor if you’ve asked us to confirm the prescription information you provide us, or if you’ve asked us to obtain your prescription information from your doctor. At your request, we may also share your information with a dispensing optician.
With Eye Doctors
In conjunction with providing you glasses, we may share your information with one or more eye doctors. Eye doctors may be any of the following: Fitz Frames employees, Fitz Frames independent contractors, employees of a professional corporation, or independent contractors of a professional corporation. In all cases, eye doctors will be under a contractual obligation to keep your information confidential and comply with applicable laws.
On an aggregated or de-identified basis
We may share aggregated or de-identified information (which cannot reasonably be used to identify you) with service providers or other third parties. These service providers and third parties may also share with us aggregated or de-identified information that they have independently developed or acquired.
With business partners we do not control
We may work with other businesses from time to time. These business partners may sell items or provide promotions to you through our Services or theirs. We may also provide products or services to you jointly with our business partners. We will clearly show you when a business partner is associated with your transaction, and we will only share information with them that is related to your transaction.
In connection with business transfers
To protect us and others
With your consent
Except as we’ve stated above, we will notify you before we share your information with any third parties.
6. How We Store Your Information, How to Contact Us, and Choices You Have With Your Fitz Frames Account
We store the following information on our secure server or that of our payment processor. Through your account settings, you can access and view the following information:
· Account holder name
· Profile name(s)
· mailing address
· billing address
· email address
· phone number
· order history
You can delete profiles and edit account information in the Fitz Frames app. Additionally, you can delete any of the above information by emailing firstname.lastname@example.org. The information you can view, edit, and delete may change as our Services change.
We store the measurement data and prescription information associated with each profile on our secure cloud server (and locally on your device). If at any time you decide that you would like your data removed from our servers please email us at email@example.com. Please note that once this data is deleted, you will be unable to order new glasses without a new measurement scan.
If you decide you don’t want to receive email from us, you can select the “opt out” provision in our communications to unsubscribe, you can email us at firstname.lastname@example.org, or you can contact customer support. Unsubscribing will stop you from receiving most types of email communications, but it may not prevent you from receiving emails about orders or transactions you place through our Services or to emails in response to a specific request from you, such as password recovery. If you wish to stop receiving notifications from us on your mobile device, you can update your device settings.
7. California Privacy Rights
If you are a California resident, you also have the ability to ask us for a notice identifying the categories of personal information, as defined by California Civil Code Section 1798.83, we share with our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties (under California Civil Code Sections 1798.83-1798.84). If you are a California resident and would like a copy of this notice, please submit a written request to email@example.com.
8. We are Committed to Protecting Your Information
We take the protection of your information very seriously. We understand the sensitivity of (for example) the prescription information you may give us. Therefore, we take many security measures (physical, electronic, and procedural) to help keep your information safe. For example, we limit access to authorized employees and third parties who are under an obligation to keep all such information confidential. Also, we only allow parties to access your identifiable information for permitted business purposes. Unfortunately, even though we use commercially reasonable efforts to protect your information, we cannot guarantee complete security. Any information that you provide to us is done so entirely at your own risk.
10. Contact Us