Privacy Policy
Privacy Policy
FGX International Inc. is committed to protecting your privacy and developing technology that gives you a powerful and safe consumer experience. This Privacy Policy (“Policy”) outlines how FGX International Inc. and its affiliated companies and subsidiaries based in the United States and Canada (collectively, “FGX” or “we”) collect information, what information FGX collects, how FGX uses it, to whom FGX discloses this information and how you can access, change and remove your information. This Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Policy. To the extent any translated versions of this Policy conflict with the English language version, the English language version of this Policy shall control.
This Privacy Policy (“Policy”) is effective as of April 12, 2024
Collection of Your Information
FGX may collect personally identifiable information from you in various ways. FGX may use the following sources:
by signing up to mailing lists at FGX websites;
from an online, retail or telephone purchase;
when you enter an FGX sponsored sweepstakes or giveaway;
when you submit a product or warranty claim;
when you sign up for an FGX loyalty program;
from a third party with your consent (e.g., your bank);
from our information technology systems (e.g., door entry systems, automated monitoring of our websites); and
when contacting FGX or visiting FGX websites.
Personally identifiable information refers to information about you that can be used to contact or identify you. It includes, but is not limited to, your name, phone number, email address, postal address, and social networking information. The collected information falls into the following categories:
identifiers (e.g., name, alias, postal address, online identifier, Internet Protocol address, email address, account name, or similar identifiers);
information that identifies, relates to, describes, or is capable of being associated with a particular individual (e.g., credit card number, telephone number, address, or similar information);
characteristics of protected classifications under California or federal law;
commercial information (e.g., records regarding goods purchased, or other purchasing histories or tendencies);
internet or other electronic network activity (e.g., browsing history, search history, and information regarding a consumer’s interaction with an online site or application, or similar information);
geolocation data;
audio, electronic, or similar information; and
information drawn from any of the above to create a consumer profile that includes characteristics, psychological trends, predispositions, behaviors, or similar information.
FGX may also collect certain non-identifying information, or aggregate information, such as anonymous demographic information including zip codes, dates of birth, customer preferences, information about customer computer hardware and software, as well as information about the links and pages that users access within an FGX website. Certain non-identifying information may be considered personally identifiable information if combined with other information which may enable you to be identified (such as a zip code with a street address); however, the same information when taken alone or combined with other non-identifying information, will be considered non-identifying information.
We may offer virtual try on services whereby you can virtually try on frames through your mobile or other devices by digitally adding frames to photos of your face. Where offered, all photo rendering associated with virtual try-ons take place on your mobile device and your photos never leave your device. In such cases, your photos, including any biometric identifiers or information contained therein, are not collected by us or our third-party service providers.
Our virtual try on services use object recognition to apply the frames to your photos but do not have facial recognition capabilities and cannot recognize or identify a specific face.
Accordingly, we do not believe biometric information laws apply to our virtual try on services because we do not use, collect, capture, purchase, receive, or otherwise obtain your biometric identifiers or information. Additional information regarding biometric information can be found in the Biometric Information section below.
Biometric Information
Through our virtual try-on technology features and/or when you upload a photo through one of our Platforms, we may temporarily utilize data during a virtual try on session that potentially falls under the definitions of “biometric identifiers” or “biometric information” under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. and Texas Capture or Use of Biometric Identifier Act (“CUBI”), Bus. & Com. § 503.001 et seq. “Biometric identifiers” are defined as retina or iris scans, fingerprints, voiceprints, or scans of the hand or face geometry.
“Biometric information,” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
Any collection of biometric identifiers and biometric information are for the sole purpose of assisting you in viewing how certain eyeglasses may look on your facial features. In the event we obtain such information, we will not disclose or disseminate any biometric information to any entity, other than those contracted parties that assist us in providing this service to you, or as required by applicable federal, state or local law, or required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
In the event we obtain any such biometric information, will not share your biometric identifiers and biometric information with any entity except in the following cases:
- We will share your biometric identifiers and biometric information with contacted parties that assist us in providing services to you via our Platforms
- We will share your biometric identifiers and biometric information where it is required by applicable federal, provincial, or local law
- We will share your biometric identifiers and biometric information where it is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction
The biometric identifiers or biometric information are retained in your device for the limited period of time required to provide you with the technology features and shall not exceed the session
We use appropriate technical, administrative, and physical safeguards to store, transmit, and protect from disclosure any biometric identifiers or biometric information collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same or more protective than the manner in which we store, transmit, and protect from disclosure other confidential and sensitive information. Before using our virtual technology features, you will be prompted with a copy of this policy. By clicking “I accept” you are consenting to our collection and storage of your biometric identifiers or biometric information.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through FGX operated public message boards, such information may be collected and used by others.
Occasionally FGX will offer links to third party websites. FGX encourages you to review the privacy policies of websites you choose to link to from FGX websites so that you can understand how those websites collect, use, and share your information. FGX is not responsible for the privacy policies or other content on non-FGX websites.
If you are a California resident and a current or former employee, job applicant, or independent contractor of ours, please see our privacy notice available on our job applicant website(s) for more information on our collection and use of your Personal Information in that capacity.
Use of Your Information
FGX may store and use your personally identifiable information for (i) product or service fulfillment, (ii) voluntary marketing, promotional, and advertising purposes, such as to inform you of products or services available from FGX, (iii) internal operations, such as improving your customer experience – this includes auditing current interactions and optimizing user experience, (iv) detecting security incidents, protecting against malicious, deceptive activity, and taking all necessary and appropriate steps to mitigate current and future risk; (v) debugging and repairing internal information technology as necessary; (vi) undertaking internal research for technological development and demonstration; and (vii) to share with trusted third party service providers to help FGX perform activities to improve your customer experience with your consent (“Business Purposes”). Other than as set forth below regarding targeted advertising, third parties are prohibited from using your personally identifiable information beyond providing services to FGX and are required to maintain the information’s confidentiality and privacy. The categories of the third parties we share personally identifiable information with follow:
our affiliates and subsidiaries in the United States and Canada;
credit card processors and other companies that help facilitate your transactions;
our banks, insurers, and brokers;
companies that provide statistical analysis of your interactions with us;
companies that provide customer support or arrange for deliveries;
companies that provide advertising and digital content;
companies that support e-commerce marketing efforts; and
third parties approved by you.
The following categories of information are shared for Business Purposes:
identifiers (e.g., name, alias, postal address, online identifier, Internet Protocol address, email address, account name, or similar identifiers);
information that identifies, relates to, describes, or is capable of being associated with a particular individual (e.g., credit card number, telephone number, address, or similar information);
characteristics of protected classifications under California or federal law;
commercial information (e.g., records regarding goods purchased, or other purchasing histories or tendencies);
internet or other electronic network activity (e.g., browsing history, search history, and information regarding a consumer’s interaction with an online site or application, or similar information);
geolocation data;
audio, electronic, or similar information; and
information drawn from any of the above to create a consumer profile that includes characteristics, psychological trends, predispositions, behaviors, or similar information.
Certain FGX brands feature targeted advertising. Advertising, including targeted-based advertising, enables these FGX brands to provide you certain content for free and offers that are more relevant to you. To provide this advertising, we may allow third parties to receive certain information to add to a profile about your device, browser, or you.
Certain laws broadly define “sale” of personal information in a way that may include allowing third parties to receive some information to add to a profile about your device, browser, or you. In addition, this activity may be defined by law to be sharing or processing personal information for targeted advertising. Residents of California, Colorado, Connecticut, Utah, and Virginia may opt out of certain of these activities. Such residents may also opt out of the sharing or processing of their personal information for targeted advertising.
We provide third parties such as advertisers and advertising networks (including social media networks) information including identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; hashed identifiers, geolocation information, such as city; and inference data in order to enable marketing to you and delivery of targeted advertising. The disclosure of such personal information listed above to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law and is sharing of personal information and the processing of personal information for targeted advertising purposes.
If you or (in certain states where required by law) your authorized agent would like to opt out of our use or disclosure of your information for such purposes (to the extent this is considered a sale, share, or targeted advertising), you may do so in the footer or settings menu of the brand with which you engage by selecting “Do not sell my personal information” or “Your Privacy Choices” link.
On some of our websites and applications when you click the “Do not sell my personal information” or “Your Privacy Choices” link in the website footer or in the application settings menu, you will be shown a tool that allows you to opt out of the online “sales” and sharing/processing of personal information for targeted ads on the website and application. Please note, if you use different browsers, devices, or services you will need to make your elections separately. In some cases, you may also be presented with form field to complete, in those cases we ask for your email address or other information so we may add it to an appropriate suppression list. In other cases, you will be directed to this page where we provide additional information and options for you to learn more about your choices and how to opt out from interest-based advertising more broadly.
FGX does use third-party service providers, subject to contractual restrictions limiting their role to that of a service provider, to serve ads and collect data on our behalf across the Internet. Some of these service providers may collect information about your visits to our website, and your interaction with our products and services to tailor marketing messages on our website and other sites or to trigger real time interaction, customize our website or enhance your profile. Some of these service providers may be able to collect personal information that you share with this site via a web form automatically and prior to your pressing a submit button; and they may be able to use information from your visits to this site to send marketing messages to you in a way that may personally identify you. This information is collected through the use of a cookie, a java script tag, as well as a pixel, which is industry standard technology used by most major websites. The information collected by these service providers may include your devices IP address, user agent, email addresses (where hashed or otherwise rendered pseudonymous) and other user and device level pseudonymous information. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies. If you would like more information about these practices, please click: http://optout.aboutads.info/#!/.
FGX is not limited in our use of aggregate information that does not permit direct association with any specific individual, such as the number of users of our services, the geographic distribution of our users, the amount of information located or removed, etc. For example, FGX may use aggregate information concerning which links and pages users access within an FGX website for many reasons including to determine which FGX products and services are the most popular. This data may be used to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.
FGX will disclose your personally identifiable information, without notice, if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or to comply with legal process served; (b) protect and defend the rights or property of FGX; or (c) act under exigent circumstances to protect the personal safety of users of and FGX website or the public.
Additionally, FGX may disclose personally identifiable information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
As with any other business, FGX may merge with or be purchased by another company. If FGX is acquired, the company that acquires us would have access to the information maintained by us, including personally identifiable information, but would continue to be bound by this Policy unless and until it is amended.
You may also voluntarily elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms of Use.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. This includes affiliate or business partners, the Opt in is not transferable to another party involved in their process
Security Protections for your Information
FGX takes the security of your personally identifiable information very seriously. FGX uses reasonable administrative, physical, and technical safeguards to secure the personally identifiable information you share with us. Despite these safeguards and our additional efforts to secure your information, FGX cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your personally identifiable information.
The security of your FGX website account relies on your protection of your user profile information. You are responsible for maintaining the security of your user profile information, including your password and for all activities that occur under your account. You may not share your password with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on an FGX website.
Use of Cookies or Tracking Technology
Like many other companies, FGX uses cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”) when you visit our websites including our blogs and client portals, and use the services provided therein. Here, we explain how FGX uses Cookies and how you can manage them.
COOKIES AND ONLINE TRACKING TECHNOLOGIES WE USE
“Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).
We may use the following types of Cookies:
Strictly Necessary Cookies
These Cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these Cookies, but some parts of the websites will not then work. These Cookies do not store any personally identifiable information.
Performance Cookies
These Cookies allow us to count visits and traffic sources so we can measure and improve the performance of our websites. They help us to know which pages are the most and least popular and see how visitors move around the websites. If you do not allow these Cookies we will not know when you have visited our websites and will not be able to monitor its performance. We use Google Analytics, a web analytics service provided by Google, Inc.
Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with our websites and our services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your internet protocol (IP) address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here. We may use Cookies and similar technologies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.
Functional Cookies
These Cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these Cookies, then some or all of the services may not function properly.
Targeting Cookies
These Cookies may be set through our websites by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. If you do not allow these Cookies, you will experience less targeted advertising.
Social Media Cookies
These Cookies are set by a range of social media services that we may add to the websites to enable you to share our content with your friends and networks. They are capable of tracking your browser across other websites and building a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these Cookies, you may not be able to use or see these sharing tools.
HOW YOU CAN MANAGE COOKIES
Your Preferences
When you first visit our websites, you may be presented with a banner that offers you choices about whether to accept or reject Cookies or tracking technologies of different types. If you wish to manage your Cookies, you can do so by clicking here.
Browser Settings
Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of our websites.
You can find out more about Cookies and how to manage them by visiting www.AllAboutCookies.org
Platform Controls
You can opt out of Cookies set by specific entities following the instructions found at these links:
Adobe: https://www.adobe.com/privacy/opt-out.html
Google: https://adssettings.google.com
Facebook: https://www.facebook.com/about/ads
Microsoft: https://account.microsoft.com/privacy/ad-settings/
Twitter: https://twitter.com/personalization
Advertising Industry Resources
You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.
Participation in Interest-Based Advertising
FGX may also participate in interest-based advertising using similar technology. Therefore, you may see advertising on our websites tailored to how you browse or shop, or you may see advertising for FGX and its properties on other websites based on your browsing behavior across websites. Some websites where we may advertise belong to ad networks that use your web browsing history to choose which ads to display on their network websites; these ads include advertising for FGX and its websites. Other websites where you see our ads, such as Facebook, may use interest preferences that you have chosen on those sites, as well as registration and other information about you, to choose which ads to display to you. Some internet browsers, websites such as Facebook and mobile devices offer opt-outs for interest-based advertising. Please refer to the website that you are visiting, your browser, or your device settings for additional information.
You can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website (http://www.networkadvertising.org/choices/) and DAA website (http://www.aboutads.info/choices/).
Opt-Out/Unsubscribe
You can opt-out or unsubscribe from receiving email correspondence from FGX at any time by contacting privacyoffice@luxotticaretail.com or by following the instructions contained in any email received. It may take time to process opt-out requests, so you may receive emails from FGX after your opt-out request.
Additionally, the Digital Advertising Alliance (“DAA”) offers tools to provide consumers with choices as to whether participating third parties can use your information to provide interest-based ads. To opt out of sharing your information with participating third parties for interest-based ads, please visit https://optout.aboutads.info/.
Residents of California, Colorado, Connecticut, Utah, and Virginia may opt out of certain activities per the state-specific sections below, and the Do Not Sell My Personal Information link at the footer of our websites.
Children’s Privacy
FGX’s websites are not targeted for use by children under the age of 18. FGX does not knowingly collect personally identifiable information from children in connection with the features of our websites without the consent of a parent or guardian. FGX requests that all visitors under 18 to our websites not disclose or provide any personally identifiable information. Upon notification that a child under 18 has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records.
Your State Privacy Rights
Depending on the state in which you reside, you may have certain privacy rights regarding your personal data. Please review the sections below if you are a California, Nevada, Virginia, Colorado, Connecticut or Utah resident. For other state residents, your privacy rights may include (if applicable):
- The right to confirm whether or not we are processing your personal data and to access such personal data;
- The right to obtain a copy of your personal data that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;
- The right to delete personal data that we collected from and/or about you, subject to certain exceptions;
- The right to correct inaccurate personal data that we maintain about you, subject to certain exceptions;
- The right, if applicable, to opt out of the processing of your personal data for purposes of (1) targeted advertising; (2) the “sale” of your personal data (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
- If we are required by applicable law to obtain your consent to process sensitive personal data, the right to withdraw your consent;
- The right not to receive discriminatory treatment by us for the exercise of your privacy rights.
We use cookies and other tracking technologies to display advertisements about our products to you on nonaffiliated websites, applications, and online services. This is “targeted advertising” under applicable privacy laws. When we engage in those activities, we sell personal data (i.e., information from cookies) to third-party advertisers and analytics companies. We do not use personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.
To exercise your rights, please submit a request through our interactive webform available here or by emailing us at privacyoffice@luxotticaretail.com. If legally required, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the individual on whose behalf you are making such request. To do so, we will ask you to verify data points based on information we have in our records. If you are submitting a request on behalf of another individual, please use the same contact methods described above. If we refuse to take action regarding your request, you may appeal our decision through our interactive webform available here or by emailing us at privacyoffice@luxotticaretail.com. If you would like to opt out of targeted advertising, you may alter your cookie preferences here by toggling off the three cookie options in the cookie manager tool.
Universal Opt-Out Mechanisms
The Sites recognize the Global Privacy Control (“GPC”) signal. If you are using a browser setting or plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use. See the “DO NOT TRACK SIGNALS” section below for information on our treatment of do not track signals.
Special Notice for California Residents
In compliance with California law, we provide California residents with certain information upon request (“Data Subject Request”). This Policy outlines how California residents can receive the information and what you can receive.
If you would like to submit a Data Subject Request, you can complete one online at https://www.fgxi.com/ccpa/. If you would like to email your Data Subject Request you may send the email to privacyoffice@luxotticaretail.com. You can also call us, toll-free, at 1-800-776-4085 to make a Data Subject Request. The information you provide to FGX must be accurate and complete before FGX can respond. If you choose to submit a Data Subject Request you must provide us with enough information to identify you (e.g., FGX profile information (including personal information), order number) and enough specificity on the requested data. FGX will only use the information it receives for verification. FGX will not be able to disclose information if it cannot verify that the person making the Data Subject Request is the person about whom we collected information, or someone authorized to act on such person’s behalf.
You may submit a Data Subject Request to receive information about FGX’s data collection practices. You may request information on the categories of personal information (in this section, as defined by California law) FGX has collected about you; the categories of data collection sources; FGX’s business or commercial purpose for collecting or selling personal information; the categories of third parties with whom FGX shares personal information, if any; and the specific pieces of personal information we have collected about you. If you would like to also receive information about FGX’s data disclosure for Business Purposes, then please include that in the Data Subject Request. FGX will clarify whether the information was collected and disclosed or simply collected and kept internally.
You may also opt out of the “sale” of your personal information, here, as well as the sharing or processing of your personal information for targeted advertising, as set forth above and in Your Privacy Choices.
Please note that the categories of personal information and sources will not exceed what is contained in this Policy. Additionally, FGX is not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. FGX is also not required to reidentify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.
You may request that FGX delete your personal information. Your deletion request should be submitted through a Data Subject Request. Subject to certain exceptions set out below we will, on receipt of a verifiable Data Subject Request, delete your personal information from our records and direct any service providers to do the same.
Please note that we may not delete your personal information if it is necessary to:
complete the transaction for which the personal information was collected;
provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
detect security incidents, protect against malicious, deceptive activity, and take all necessary and appropriate steps to mitigate current and future risk;
debug and repair internal information technology as necessary;
undertake internal research for technological development and demonstration;
exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
comply with the California Electronic Communications Privacy Act;
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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
comply with an existing legal obligation; or
otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
FGX may not, and will not, treat you differently because you of your Data Subject Request activity. As a result of your Data Subject Request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.
In addition, if you are a California resident under the age of 18 and are a registered user, you may request us to remove content or information posted on our websites or stored on our servers by (a) submitting a request in writing to privacyoffice@luxotticaretail.com and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that the minor cannot be individually identified; (iv) the minor does not follow the instructions posted in this Policy on how to request removal of such content or information; and (v) the minor has received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain such content or information.
Notice of Financial Incentive
FGX offers programs, benefits, and other offerings related to the collection, retention, use, or sale of your Personal Information that may be deemed a “financial incentive” or “price or service difference” under the California Consumer Privacy Act (“CCPA”). We are providing you this information so that you may make an informed decision on whether to participate in our program(s). Participation is always optional! Categories of Personal Information that we may collect when you sign up for a program include your name and email address. By signing up for any of our programs, you affirmatively opt in to receiving the financial incentive. You can end program participation at any time by contacting us at privacyoffice@luxotticaretail.com to unsubscribe or cancel your participation in any program. We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights. Please note that we may add or change incentive programs, or their terms by posting notice on the program descriptions and terms linked to above, so check them regularly.
Financial incentives or price or service differences relate to the collection and use of Personal Information and is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer or benefit itself and the anticipated revenue generation that may be realized by rewarding brand loyalty. We calculate the value of the offer and financial incentive by using the expense related to the offer. Based on this analysis, the value of your Personal Information that allows us to make these offers and financial incentives is the value of the offer itself.
Special Notice for Nevada Residents
Nevada residents looking for information relating to our collecting and processing of their consumer health data should refer to our Consumer Health Data Privacy Policy available on our website.
FGX does not engage in the following activity, however Nevada law requires us to post the following: certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. If you are a resident of Nevada who has purchased goods from us and would like to submit a request to opt out of any potential future such sales under Nevada law, 1-800-776-4085. We will maintain your request in the event our practices change.
Special Notice to Virginia Residents
For the purposes of this section, personal information or “personal data” means “any information that is linked or reasonably linkable to an identified or identifiable natural person.” “Personal data” does not include de-identified data or publicly available information.
• Request to Access. You may submit a request to confirm or to obtain a copy of or access to the personal data that we have collected on you including what the data is, how it’s been used, and who it’s been disclosed to. Your personal data may no longer be available because it has been destroyed, erased, or made anonymous in accordance with our data retention policies in which case we will provide you with the reasons why the personal data no longer exists where possible.
• Request to Correct. You may correct or update your personal data at any time by logging into your account or by contacting us.
• Request to Delete. You may request that we delete the personal data provided by or obtained about you. We will delete your personal data from our records and direct any service providers to do the same unless retention is required by law.
• Request to Opt-Out. You may also opt out of the “sale” of your personal information here, as well as the sharing or processing of your personal information for targeted advertising, as set forth above and in Your Privacy Choices.
• Appeal. If we notify you that no action is to be taken in response to your request to access, correct, delete, or opt-out, you may appeal this decision by contacting us within 30 days with the reason why you believe further action should be taken. If you are not satisfied with the result of the appeal, you may contact the Virginia Attorney General or submit a complaint online at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.
• Withdraw Consent for Your Sensitive Personal Information. We do not collect, use, or disclose sensitive personal information, unless you are an employee, in which case we collect, use, and disclose certain sensitive personal information only for employment-related purposes reasonably expected by employees. However, if you believe that we may have collected sensitive personal information about you, you may withdraw your consent to any use or disclosure of your personal sensitive information.
If you like to make any of the above requests, you can call us, toll-free, at 1-800-776-4085 or use this form to submit a Consumer Request. If you choose to submit a request, you must provide us with enough information to identify you (e.g., your first and last name, email address, and telephone number) and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information or comply with your request if we cannot verify that the person making the request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
Special Notice to Colorado Residents
For the purposes of this section, personal information or “personal data” means “information that is linked or reasonably linkable to an identified or identifiable individual.” “Personal data” does not include de-identified or publicly available information.
• Request to Access. You may submit a request to confirm or to obtain a copy of or access to the personal data that we have collected on you including what the data is, how it’s been used, and who it’s been disclosed to. Your personal data may no longer be available because it has been destroyed, erased, or made anonymous in accordance with our data retention policies in which case we will provide you with the reasons why the personal data no longer exists where possible.
• Request to Correct. You may correct or update your personal data at any time by logging into your account or by contacting us.
• Request to Delete. You may request that we delete the personal data it has collected on you. We will delete your personal data from our records and direct any service providers to do the same unless retention is required by law.
• Request to Opt-Out. You may also opt out of the “sale” of your personal information, here, as well as the sharing or processing of your personal information for targeted advertising, as set forth above and in Your Privacy Choices.
• Right to Data Portability. You may also request that we transfer your personal information to you or another entity, to the extent such transfer is technically feasible.
• Appeal. If we notify you that no action is to be taken in response to your request to access, correct, delete, or opt-out, you may appeal this decision by contacting us within 30 days with the reason why you believe further action should be taken. If you are not satisfied with the result of the appeal, you may contact the Colorado Attorney General.
• Withdraw Consent for Your Sensitive Personal Information. We do not collect, use, or disclose sensitive personal information, unless you are an employee, in which case we collect, use, and disclose certain sensitive personal information only for employment-related purposes reasonably expected by employees. However, if you believe that we may have collected sensitive personal information about you, you may withdraw your consent to any use or disclosure of your personal sensitive information.
If you like to make any of the above requests, you can call us, toll-free, at 1-800-776-4085 or use this form to submit a Consumer Request. If you choose to submit a request, you must provide us with enough information to identify you (e.g., your first and last name, email address, and telephone number) and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information or comply with your request if we cannot verify that the person making the request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
Special Notice to Connecticut Residents
For the purposes of this section, Personal information or “personal data” means “information that is linked or reasonably linkable to an identified or identifiable individual.” “Personal data” does not include de-identified or publicly available information.
• Request to Access. You may submit a request to confirm or to obtain a copy of or access to the personal data that we have collected on you including what the data is, how it’s been used, and who it’s been disclosed to. Your personal data may no longer be available because it has been destroyed, erased, or made anonymous in accordance with our data retention policies in which case we will provide you with the reasons why the personal data no longer exists where possible.
• Request to Correct. You may correct or update your personal data at any time by logging into your account or by contacting us.
• Request to Delete. You may request that we delete the personal data it has collected on you. We will delete your personal data from our records and direct any service providers to do the same unless retention is required by law.
• Request to Opt-Out. You may also opt out of the “sale” of your personal information, as well as the sharing or processing of your personal information for targeted advertising, as set forth above and in Your Privacy Choices.
• Appeal. If we notify you that no action is to be taken in response to your request to access, correct, delete, or opt-out, you may appeal this decision by contacting us within 30 days with the reason why you believe further action should be taken. If you are not satisfied with the result of the appeal, you may contact the Connecticut Attorney General or submit a complaint online at https://portal.ct.gov/AG/Common/Complaint-Form-Landing-page.
• Withdraw Consent for Your Sensitive Personal Information. We do not collect, use, or disclose sensitive personal information, unless you are an employee, in which case we collect, use, and disclose certain sensitive personal information only for employment-related purposes reasonably expected by employees. However, if you believe that we may have collected sensitive personal information about you, you may withdraw your consent to any use or disclosure of your personal sensitive information.
If you like to make any of the above requests, you can call us, toll-free, at 1-800-776-4085 or use this to submit a Consumer Request. If you choose to submit a request, you must provide us with enough information to identify you (e.g., your first and last name, email address, and telephone number) and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information or comply with your request if it cannot verify that the person making the request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.form to submit a Consumer Request. If you choose to submit a request, you must provide us with enough information to identify you (e.g., your first and last name, email address, and telephone number) and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information or comply with your request if it cannot verify that the person making the request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
Special Notice to Utah Residents
For the purposes of this section, personal information or “personal data” means “information that is linked or reasonably linkable to an identified individual or an identifiable individual.” “Personal data” does not include deidentified data, aggregated data, or publicly available information.
• Request to Access. You may submit a request to confirm or to obtain a copy of or access to the personal data that we have collected on you including what the data is, how it’s been used, and who it’s been disclosed to. Your personal data may no longer be available because it has been destroyed, erased, or made anonymous in accordance with our data retention policies in which case we will provide you with the reasons why the personal data no longer exists where possible.
• Request to Correct. You may correct or update your personal data at any time by logging into your account or by contacting us.
• Request to Delete. You may request that we delete the personal data that you have provided to us. We will delete your personal data from our records and direct any service providers to do the same unless retention is required by law.
• Request to Opt-Out. You may also opt out of the “sale” of your personal information, as well as the sharing or processing of your personal information for targeted advertising, as set forth above and in Your Privacy Choices.
• Withdraw Consent for Your Sensitive Personal Information. We do not collect, use, or disclose sensitive personal information, unless you are an employee, in which case we collect, use, and disclose certain sensitive personal information only for employment-related purposes reasonably expected by employees. However, if you believe that we may have collected sensitive personal information about you, you may withdraw your consent to any use or disclosure of your personal sensitive information.
If you like to make any of the above requests, you can call us, toll-free, at 1-800-776-4085 or use this form located at https://www.fgxi.com/ccpa/ to submit a Consumer Request. If you choose to submit a request, you must provide us with enough information to identify you (e.g., your first and last name, email address, and telephone number) and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information or comply with your request if we cannot verify that the person making the request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
Special Notice to Washington Residents
Washington residents looking for information relating to our collecting and processing of their consumer health data should refer to our Consumer Health Data Privacy Policy available on our website.
NOTICE TO CANADA RESIDENTS
Please see above, for a description of the personal information held by us, a general account of its use, and what personal information we make available to related organizations. Subject to exceptions set out in privacy legislation, residents of Canada may request to view, update, or correct their personal information by contacting our privacy officer at the information provided in the “CONTACT” section below. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections. Please keep in mind that certain information may be subject to exceptions if, for example, the information is protected by solicitor-client privilege, part of a formal dispute resolution process, about another individual that would reveal their personal information or confidential commercial information or would be prohibitively expensive to provide. In some instances, you may have consented to the collection of your personal information. Subject to legal and contractual requirements and reasonable notice, you may withdraw your consent at any time; however, without your consent, we may not be able to provide you with our services or products if your personal information is necessary for us to be able to provide them.
Users Outside the United States
FGX is headquartered in the United States. If you are visiting one of our websites from another country, the laws governing our website’s collection and use of personally identifiable information may be different from the laws of your country. If you decide to visit our website, or share your personally identifiable information with FGX, you are agreeing to be governed by the laws of the United States, and you are expressly consenting to the transfer of your data to the United States.
In particular, please note that neither our websites, nor the products and services we offer on our websites, nor any other activities we carry out as set out in this Policy, are aimed at individuals based in the United Kingdom or any jurisdiction within the European Economic Area (“EEA”). Accordingly, if you are based in the United Kingdom or any jurisdiction within the EEA, and wish to connect with, or purchase products or services from, any member of FGX’s group of companies, please contact any of our affiliates based in the United Kingdom or any jurisdiction within the EEA and they will be more than happy to assist. They also have a privacy policy that explains how they use your personally identifiable information under European Union data protection laws.
Changes to this Statement
FGX will occasionally update this Policy. FGX encourages you to periodically review this Policy to be informed of how FGX is using and protecting your information.
Contact
If you have questions or wish to contact us about this Policy, please direct inquiries to:
Privacy Officer
Luxottica of America Inc.
4000 Luxottica Place
Mason, Ohio 45040
Phone: 1-800-776-4085
Email: Aftersale@buydiscountrayban.com
