Privacy/Terms of Use


PRIVACY POLICY

Effective Date: August 15, 2014

Commitment to Privacy

SEE, Inc. (the “Company”) respects the privacy of each individual who accesses and uses the website www.seeeyewear.com (the “Site”).  The following is our policy with respect to the collection and use of personal information that you may submit from time to time to the Site.  By entering the Site, you agree to the terms of use, disclosure and procedures this Privacy Policy describes.  If you do not agree to these policies, do not enter the Site.  Please note that this Privacy Policy does not apply to third party websites such as Facebook, Twitter, Pinterest, Instagram and Google+ that we do not own or control, even if you access such third party websites through this Site.  We encourage you to carefully review the privacy policies of any such third party website you access so that you know how they will use and share your information.  

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.

Please note that this Site may offer the opportunity to purchase merchandise and/or other services.  When such items are offered for sale, we may collect credit/debit card, and other billing information in connection with the sale of such items and will use such information in connection with the fulfillment of all such purchases (including the provision of such information to third parties involved in such fulfillment).  ANY INFORMATION PROVIDED BY YOU TO SUCH CREDIT CARD OR OTHER THIRD PARTY PAYMENT PROVIDERS WILL BE GOVERNED BY THE PRIVACY POLICY OF SUCH CREDIT CARD OR PAYMENT PROVIDER.  WE HAVE NO CONTROL OVER AND BEAR NO RESPONSIBILITY FOR THE USE OF INFORMATION COLLECTED BY SUCH PROVIDERS.

Protection of Information Collected

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.

Children’s Information  


We are especially sensitive about children’s information.  We do not knowingly collect information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”).  If you are a parent or legal guardian of a minor child, you may use the Site on behalf of such minor child.  We will treat any information that you provide us while using the Site on behalf of your minor child as Personal Information as otherwise provided in this Privacy Policy.  If you have questions concerning our information practices with respect to children, or if after a transaction, you would like to review, have deleted, or stop the further collection of your child’s Personal Information, please email us at customerservice@seeeyewear.com.

Cookies

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

In the event of the sale of the Site to a third party, it is possible that your Personal Information may be transferred and that third party may continue to use your Personal Information as set forth in this Privacy Policy.  It is your responsibility to review and understand the privacy policies of any website that is or may be linked to our Site.

Notification of Changes

This Privacy Policy is subject to change at any time.  We encourage you to review this Privacy Policy regularly for any changes.  Use of the Site following changes to this Privacy Policy constitutes your acceptance of all such changes.

Updating Information

If you would like to correct or delete any Personal Information provided to us, please contact the Company at customerservice@seeeyewear.com.  You should also contact the Company at customerservice@seeeyewear.com to report any known or suspected privacy or security breaches or to submit privacy-related questions or complaints about privacy.

Questions

If you have any questions about this Privacy Policy, please contact us at customerservice@seeeyewear.com.



TERMS OF USE

Terms of Use

By entering SEE, Inc.’s (the “Company”) website, www.seeeyewear.com (the “Site”), you acknowledge and agree to be bound and abide by these Terms of Use and the Company’s Privacy Policy.  If you do not agree to these Terms of Use and the Privacy Policy, do not enter the Site.

THIS SITE HAS BEEN DEVELOPED AND LAUNCHED FOR USE IN THE UNITED STATES IN COMPLIANCE WITH THE LAWS OF THE UNITED STATES.  ALTHOUGH THE SITE IS ACCESSIBLE WORLDWIDE, NOT ALL FEATURES, PRODUCTS OR SERVICES DISCUSSED, REFERENCED, PROVIDED OR OFFERED THROUGH OR ON THE SITE ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS, OR APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.  THE COMPANY RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY FEATURE, PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA.  ANY OFFER FOR ANY FEATURE, PRODUCT OR SERVICE MADE ON THE SITE IS VOID WHERE PROHIBITED.  IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE OF THE UNITED STATES, YOU WILL BEAR FULL RESPONSIBILITY FOR COMPLIANCE WITH THE LAWS AND REGULATIONS OF THE JURISDICTION WHERE YOU ARE LOCATED.    

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your Personal Information.  A complete statement of the Company’s current Privacy Policy can be found above. The Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.  When you are required to open an account to use or access the Site or service, you must complete the registration process by providing complete and accurate information on the registration form.  You will also be asked to provide a user name and password.  You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of anyone else at any time.  You agree to notify the Company immediately of any unauthorized use of your account, user name, or password.  The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.     

Electronic Communications

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

All Site Content (other than links to unrelated third party websites) is either owned or controlled by the Company, used under license to the Company or otherwise used with permission, and is protected by applicable intellectual property laws (including trade dress, copyright, patent and trademark laws).  For purposes of these Terms of Use, “Content” means and includes, without limitation, all audio, video, artwork, text, graphics, images, photographs, computer code, the “look and feel” of the Site, user and visual interfaces, trademarks and logos.  Unless specifically provided for on the Site, you may not reproduce, copy, post, modify, mirror, transmit, republish, upload, download, publicly display, encode, translate, transmit or distribute in any way any Content or portion of this Site without the express prior written consent of the Company, which consent may be given or withheld by the Company in its sole and absolute discretion.

Use of Site

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.  

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  Company reserves the right to bar any such activity.  You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other system or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.  You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Company, including any Company account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purposes is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks, or any system or networks connected to the Site or to the Company.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.  You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Site or any service offered on or through the Site.  You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.  You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes on the rights of the Company or others.        

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

From time to time, products may be offered for sale on the Site.  Upon initiating a product purchase on the Site, you may be asked to supply certain Personal Information (as defined in the Privacy Policy).  The use of that Personal Information shall be governed by the terms of the Privacy Policy.  Verification of your Personal Information may be required before we can acknowledge and complete any such purchase.  Your submission of such Personal Information to the Site constitutes your representation and warranty that the payment information you provided is yours and that you have the legal rights to the use thereof.  We have the right at any time to refuse to permit a purchase of any product offered for sale on the Site for any reason.  It shall be your responsibility to pay the applicable price (including all fees and other charges such as shipping and handling and taxes) in effect at the time of purchase for products purchased from the Site.  Except as otherwise specified herein or required by applicable law, all sales through the Site are final and all costs and charges are non-refundable; and your sole and exclusive remedy for products that are not delivered within a reasonable period of time shall be the replacement of such product or a refund of the purchase price paid for such product.  

Notification of Changes

The Company reserves the right at any time or from time to time, in its sole and absolute discretion, to alter, modify, amend, change, add or remove all or any portion of these Terms of Use and the Privacy Policy.  You shall have the responsibility to review these Terms of Use and the Privacy Policy from time to time to check for such modifications.  Each entry into the Site shall constitute your acceptance of these Terms of Use and the Privacy Policy as so modified.

Indemnification, Disclaimers and Limitations of Liability


Any violation by you of these Terms of Use may subject you to civil or criminal penalties and may cause irreparable harm to the Company for which monetary damages would be inadequate.  Accordingly, in addition to any other rights and remedies available to the Company, whether at law or in equity, the Company shall have the right to seek injunctive or equitable relief.  

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.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.