Effective Date: August 15, 2014 Commitment to Privacy
Information Collection and Use
The Site may request that you provide certain personal information such as your name, address, telephone number, email address, credit/debit card information, any eyewear prescription data you provide to us, or other information (“Personal Information”). Your submission of such Personal Information is voluntary. If you do not want us to have or use such Personal Information, please do not submit such Personal Information to the Site.
Information is collected in various ways such as cookies, server logs, third party tracking solutions and any information that you directly provide while visiting the Site. Except for sharing the information with our service providers and/or in the case of Exceptional Situations (as defined below), there is no onward transfer, no personally identifying information shared at all, no sharing of any data to any unknown companies who may want to send you information, and we will not grant any third party the right to share your Personal Information with others. By submitting your email address to us by creating an account, placing an order, or otherwise, you agree to receive ongoing email communications and marketing from us. You may opt-out of marketing communications at any time using the links provided at the bottom of these communications.
Upon receipt of Personal Information, we may use such information to, among other things, improve our Site, fulfill requests (e.g., purchases), and/or to contact you to provide you with promotional information and/or other information related to our Site and/or the merchandise we sell or feature on our Site. Except as otherwise provided herein, we will only share your Personal Information with other entities or persons that are not affiliated with the Company if you have provided your consent to such use.
The Company maintains technical, administrative, physical, electronic and procedural safeguards to protect the confidentiality and security of Personal Information transmitted to us. To guard this Personal Information, the Site uses Secure Sockets Layer (“SSL”). SSL encrypts your credit card number, name and address so only the company is able to decode the Personal Information. Please note that email is not encrypted and is not considered to be a secure means of transmitting credit card information. “Phishing” is a scam designed to steal your Personal Information. If you receive an email that looks like it is from us asking you for certain information, do not respond. Though we might ask you your name, we will never request your password, credit card information or other Personal Information through email. Exceptional Situations
Notwithstanding anything to the contrary, we reserve the right to access, read, preserve and disclose any content, records, or electronic communication of any kind (including Personal Information or private electronic communication transmitted on our site): (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of seeeyewear.com or its users, sponsors, providers, licensors, or merchants. The Site also reserves the right to reject any order or to request additional information from any customer.
Some of your non-Personal Information may be collected automatically, from time to time, through the use of “cookies” or similar files that we save on your computer. The information collected by means of “cookies” and other similar files helps us to serve you better. As with your Personal Information, except as otherwise provided herein, we do not provide information collected through the use of “cookies” to or for the use by unaffiliated third parties. It is important to note that most internet browsers will permit you to block or erase cookies or receive a warning before a cookie is placed on your computer. Consult your browser manual or help screen for assistance with blocking or erasing cookies and/or receiving warnings before cookies are placed on your computer. Traffic Data
It is possible that in our email to you we will use a “click-through URL.” If we do use a “click-through URL,” when you click on the URL, you will pass through our web server before arriving at the destination website. We may keep track of each click-through to help us determine your interest in particular topics and/or merchandise we sell or feature on our Site, and use this information to measure the effectiveness of our customer communications. Business Transfers
If you would like to correct or delete any Personal Information provided to us, please contact the Company at firstname.lastname@example.org
. You should also contact the Company at email@example.com
to report any known or suspected privacy or security breaches or to submit privacy-related questions or complaints about privacy. Questions
By entering SEE, Inc.’s (the “Company”) website, www.seeeyewear.com
When you use any service on the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Copyright and Trademarks
You shall not post or transmit to this Site any information or materials to which you have no rights and/or any information or materials that are obscene, profane, pornographic, defamatory, libelous, unlawful, threatening or objectionable (including, without limitation, any materials that could encourage unlawful or criminal conduct, the excessive consumption of alcohol, or anything that is defamatory to the Company or to any other third party). While the Company may from time to time review materials posted to the Site by users, the Company is not responsible for any such materials posted by users. The Company shall have the right at any time and from time to time to disclose any information it deems necessary to satisfy any law, regulation or government request, and to edit, refuse to post, or remove any information or materials, in whole or in part, that in the Company’s sole and absolute discretion is objectionable.
The materials and information provided by you (no matter how or in what manner transmitted or provided) to this Site shall not be treated as, or considered to be, either confidential or proprietary in any way and may be used by the Company at any time for any reason and without compensation to you. You shall take any and all actions that we deem reasonably necessary to give effect to or otherwise perfect the rights granted to the Company hereunder. The Company reserves the right to remove any photographs posted to the Site at any time for any reason.
While this Site may have links to other websites, the provision of such links does not constitute and shall not be considered an endorsement, approval or certification by the Company of such websites or any of the content contained therein, and the provision of such link shall in no way be construed as an association between the Company and such website or the owners thereof unless specifically stated otherwise. BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR LINKING TO ANY SUCH SITES IS AT YOUR OWN RISK. You shall not, without the prior written consent of the Company, which consent may be given or withheld in the Company’s sole and absolute discretion, link this Site to any other website. Intellectual Property Infringement
It is the Company’s policy to remove from the Site any materials known by the Company to infringe upon the intellectual property rights of a third party. If you believe that any materials on the Site infringe upon a third party’s intellectual property rights, please provide the Company with written notice containing the following information (at a minimum): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company shall, as soon as practicable following receipt and verification of any such alleged infringement, remove or disable any material that is the subject of such claimed infringement. Sale of Products
Indemnification, Disclaimers and Limitations of Liability
You shall indemnify and hold the Company, its owners, officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against the Company by any third party due to or arising out of or in connection with the breach of any representations or warranties contained herein (including, without limitation, the representations and warranties contained above) or use of the Site.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANYONE REPRESENTING THE COMPANY BE LIABILE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNTITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS OR USE OF THE SITE OR THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Termination of Use
The Company may, in its sole and absolute discretion, terminate your right to use this Site at any time, with or without cause or notice. All representations, warranties and promises made by you shall survive such termination. Applicable Law
By using this Site, you agree that any litigation between you and the Company arising under or pertaining in any way to the use of this Site, the Content thereof and the links to other websites shall be governed and construed in accordance with the laws of the State of Michigan and the courts of Michigan shall have the exclusive jurisdiction over all such litigation. Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.