Privacy Policy (Updated December 2019)

Overnight Glasses takes your personal information security on the highest priority. Together with its parent company (“Company”, “our”, “we” or “us”) provides our customers, and potential customers (“you”, “User”, “your”) with access to our website; www.OvernightGlasses.com, OvernightGlasses.com/amp (“Website”) and when applicable, to our mobile application (the “App”). Through these we offer and provide customized prescription eyewear, eyewear products and associated services.

This privacy policy meant to inform you about the practices we may use to collect information that we may have access to and the manner in which we may use such information.

PLEASE READ CAREFULLY THIS PRIVACY POLICY BEFORE ACCESSING AND USING THIS WEBSITE AND / OUR APP. BY ACCESSING OR USING THIS WEBSITE OR APP, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICES.

If you have any questions or concerns about our Privacy Policy contact us by email at [email protected].

What types of information about you we collect?

Personal Information

We collect and store order and customer service related information in order for us to be able to give you the best service and be able to produce and ship your order correctly. This information is collected through the website or app and our customer service departments including:

Information you provide when you interact and use our website. We collect personal information from your device and any mobile device you use when you access or use our website. When you provide us any information via text, including any form on the site and chat support. When you register for a new account or update your account. In detail, the following personal information is collected and used when you use or interact with our website:

• Your contact information when you complete online forms, registering for newsletters, promotional materials, register or update an account and placing orders.
• Shipping information such as billing and shipping address, postage and tax id used by us to successfully deliver your packages and orders.
• Your Eyeglasses (or glasses) prescription information. When placing orders for prescription glasses on our website, you are required to provide us with your prescription in order for us to successfully complete your order. Your prescription information is saved and encrypted on our server with limited access. Your prescription information may be accessed by a certified optician /optical lab technician when: you place your order, when your order is manufactured, when your order is inspected for delivery. We do not share your prescription information with any third parties and retain a copy of it and your order for a minimum of 9 years.
• Financial information that is collected during transactions. Credit cards, bank account numbers and other financial related information is processed by third parties such as Pay-Pal, Stripe and Affirm is generally inaccessible to us and we cannot retain nor share it.
• Content provided to our customer support and sales. Any content, including text, audio and video.
• Account activities content. Content such as adding items to cart and wish or save items list etc.
• Information meant to personalize your experience using our website. This information usually volunteered by you such as language, browser preferences and age etc.

Sharing this information with us may require registrations as well, certain portions of the website will require information which you will knowingly provide. e.g. chat, suggestions, any community or social postings and customer service requests. This data can be retained for 10 years from the last date your order was placed.

• Data collected using tools, applications and software that you use or interact with on our website such as chat support, virtual try on; using your webcam, taking images or using an existing image that is uploaded to our website, and any such interaction or usage.
• Information shared and collected using social media platforms. Our website allows you to login and share information when you login using your social media account and share content. Social media platforms you use may automatically share information about you with us such as content you viewed, liked, shared, and interacted with in any way. PLEASE NOTE you have the ability to control what information the social media platform shares or allow access to through the privacy settings on your social media account. PLEASE NOTE that by associating any of your accounts that are managed by a social media platform, and authorizing us to access this information, you agree that we may retain and use this type of information in accordance with this Privacy Policy.
• Communication using social media platforms. Please note that we may collect (i.e., directly or indirectly) and use information you actively communicate about Overnight Glasses, it’s brands, products and services. We may use a copy or an image of such communication for branding and other marketing purposes. Example: a review shared or posted or using our hashtag #OvernightGlasses. PLEASE NOTE that information you disclose on social media, especially using hashtags will become public and may available to other users and the general public.

Unidentified information

When you use this website, we may collect other information that is not identified with you. In general, this information is associated as traffic data that is collected automatically. For example: IP address, reference sites, browser and device used. As well, this information is used for us to improve and be able to provide meticulous website customer experience.

Unidentified and device information, may be used to determine how visitors use sections of our website, provide statistical analysis and may be shared with other parties. This information is not associated in any way with your personal information mentioned above in the section “personal information”. The following device information is collected and used when you use or interact with our website:

• Device identifiers such as device ID, IP and other identifiers.
• Device information included but not limited to hardware identifiers, operating system and version, signal strength, current battery level, storage capacity and available storage, apps (applications) used, and plugins.
• Device browser type and version used.
• Device operational settings such as window size, window setup, mouse and touch pad interactions.
• Device connectivity and signals such as signal strength, whether the device is connected to Wi-Fi, Available Wi-Fi access points beacons, antennas and cell towers.
• Network information including the name of the ISP (internet service provider), network and device connection speeds, language, time zone, your mobile phone number and IP address.
• Information from device settings you allowed us to access to such as camera and photos, and location. You may prevent access to this information by keeping these settings off.
• Data and information collected from cookies and stored on your device. Please review use of cookies below.

Use of cookies

Cookies are a small text file that is stored on your device to help websites and mobile apps remember things about you. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. To learn more about cookies, visit http://www.allaboutcookies.org

Cookies help the website remember cart related information in the case you exit the site and choose to come back to finish checking out. Occasionally, you may get cookies from our affiliated websites or other companies advertising on our behalf. These kind of cookies are not covered under this privacy policy nor we have any control on the affiliated websites and companies using them. We will never use or install software that is categorized as spyware on your device.

Newsletters and subscriptions

When you subscribe on the website using our subscriptions forms or any other subscription method you knowingly share with us your email address. We may use your email address to share with you promotional information and products or other information that we deem related and appropriate. You may unsubscribe from any such subscription at any time on the bottom of the email.

Minors

We do not produce or ship any item purchased on this website directly to individuals under the age of 16. We do not collect this information or retain it for any purpose. Individuals under the age of 16 should use this website only with the consent and supervision of a parent or a legal guardian. This website is not targeting, attempting to sell or promote services to individuals under the age of 16.

We reserve the right to request proof of age at any ordering stage and if we learn of information collected of a minor under the age of 16, we will delete this information. If you know or believe that such information was collected, you may contact us at [email protected].

Changes to Cookie Policies

From time to time, we may choose to update our cookie policy. We encourage you to periodically review this policy so you may keep informed on what information we collect. You’re continues use of this website constitute your agreement to this cookie policy.

What are you cookie choices?

1. Some cookies are necessary in order to successfully process your order. By using our website you agree to the use of such cookies and there is no option to opt out of accumulating these type of cookies.
2. Targeting, marketing and other advertising cookies:
   1. You may opt out of interest based targeting that is provided by participating ad servers. Please use www.networkadvertising.org/managing/opt_out.asp or the Digital Advertising Alliance at youradchoices.com
   2. Change your device settings such as locations and other settings that may help you avoid seeing interest based ads online.
   3. You may learn about further options by visiting www.networkadvertising.org/managing/opt_out.asp or the Digital Advertising Alliance at youradchoices.com
   4. You may modify your cookie settings on your device. Usually located within the tools, edit or help menus.

The reasons we collect, retain and use personal information

Your information is collected and retained based on at least one of the following legal grounds:

1. Your consent to collect and use this information for specific purposes. You may withdraw your consent at any time.
2. To successfully perform required services. Following your acceptance of this privacy policy, we will use your personal information mentioned in this privacy policy to maintain, develop, and learn how to give you the best possible service experience and products.
3. In advertising to display, send and upsell you services, products, personalized and general content using email, our website, mail, telephone, mobile devices and when you interact with other sites, applications, platforms and software to the extent we’re permitted to do so under applicable law.
4. Business interests. We may use your information for our legitimate business interest:
   1. preventing or detecting fraud, website and information security.
   2. maintaining website usability, preventing and solving technical issues.
   3. Protecting our users, staff, property and the public.
   4. Enforcing legal claims, including potential violations of this Privacy Policy.
   5. Maintain compliance with applicable laws, obligations and contractual requirements, legal process, subpoenas, requests made by the government and in accordance with our terms of service and website use.

Who this information disclosed to?

Your information is sued only in methods and forms mentioned in this privacy policy. We do not disclose your information to any third parties or companies that are unaffiliated with us. However, if such will occur you will be given notice and be able to accept or decline.

Internal purposes

In addition, we may access your information for internal purposes:

1. Business management and maintaining our platform
2. To be able to successfully manage your account; customer support, technical assistance and troubleshooting.
3. Be able to send you updates on your orders and products such as notifications, notices, announcements and any additional information related to our website or various platforms.
4. To accumulate non personal data that will help us improve our website and platforms.
5. In promotions to verify eligibility for prizes and discounts offered on our promotions.
6. To prevent fraud. We may use your information to detect, prevent and mitigate any breach to our privacy policy, illegal activities and breaches of this website or platforms terms of use.
7. To defend and comply against/with any legal proceedings related to us our any of our affiliates.

Third party agents and companies

Overnight Glasses use third party agents and companies such as Google, to show advertisements in ad locations over the internet. These require the use of cookies that record information and serve ads based on your website experience and pages visited. In order to successfully perform these actions, these agents and companies use cookies that retain a portion of personal information for which they have access to. You may choose to refrain (opt out) from accepting these cookies by visiting the Google Advertising Opt-Out Page. More information about these cookies and how to opt out from receiving these cookies is available here Network Advertising Initiative Opt Out Page.

We may collect data about your interactions with our ads on the Google Display Network or DoubleClick in conjunction with your activity on our website. The third party agents and companies associated with retailing this information are contractually obligated to maintain it confidential and secured. This information is restricted from selling, using, distributing and altering in any way other than described or requested services by the website.

Protected Health Information (PHI)

PHI is information that can be used to identify you or you related to your past, present and future physical or mental health or conditions. Including payment for, acquiring services related to these conditions. The law requires us to maintain the privacy of PHI information and provide you with notice of our legal duties and other privacy practices that are related to PHI. HIPPA requires us to provide this notice to you of how we may use your PHI:

• Information disclosed to FDA. The Food And Drug Administration may request PHI information from us if related to events that fall under the FDA jurisdiction: drugs, foods, supplements, products and product defects, or post-marketing surveillance information to enable product recalls, repairs, or replacement.
• Treatment. PHI data may be used and disclosed in order to provide the best possible service and treatment. We may disclose your PHI with the following third parties: Doctors, nurses, opticians and other individuals involved in your healthcare. As well, their relevant facilities: hospitals, pharmacies, optical retailers and optical doctor’s offices. For example: a certified optician or n optical MD may contact your eyecare professional for consultation about your prescription.
• Communication with individuals involved in your care or paying for your care. PHI may be disclosed to a family member, other relatives and any other person you have identified to us as directly involved in your personal care. Additionally, PHI may be disclosed to a person that has authority by law to make health care decisions on your behalf, also known as a “personal representative”.
• If required by law. We disclose PHI information if required to so by local, state or federal law.
• If required by law enforcement. We may disclose your PHI if required and permitted to do so by law enforcement agencies such as a court order or a subpoena.

Other information sharing situations

Overnight Glasses may disclose your information if required to do so by law or in good-faith that it is required to: 1. act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website or the public. 2. conform to applicable law or comply with legal process served on us or the Website and 3. protect and defend our rights or property, the Website or our users.

Your Information Security

Any information transmitted from your computer to our server is encrypted using recommended SSL procedures and encryptions. The information transmitted is secured on our servers, is not accessible to the public and stored in separated operating environments accessible by a sole authorized and licensed individual.

Your personal account with the website is secured by an email address and password. We do not retain your password in any way and this information is only available to you. We recommend you maintain strict security protocols such changing your password monthly, use a combinations of letters with numbers and avoid sharing your password. If you suspect such unauthorized use of your account, you may reset it by accessing your account or you can contact and notify us so we may do this for you at [email protected].

Links from and to other parties

This website and other affiliated websites may contain links to and from this site. This privacy policy does not apply to any third party linked to or from this site and Overnight Glasses is not responsible for information and information security collected by third parties that are linked to and from this site.

Social media, forums, chats, content sharing and other public areas

Any information shared on platforms, sites and apps that may or may not be affiliated with overnight glasses is not governed by this policy and is the responsibility of the operators of such platform, website, chat, and content sharing to secure your information and limit the access to it.

Information collected by Google Analytics

This website use Google Analytics to gather Unidentified Information. Using cookies, this is information is used to understand and improve user interaction with this site and its ads.

Opt-Out from future communications

At any time, you may choose to Opt-Out of receiving emails and promotional material and calls. To remove your contact emails from receiving future emails, please select unsubscribe located at the bottom of any email. As well, you may remove any future communication by emailing us to [email protected] and describing the contact options you wish to be removed from.

Changes to this Privacy Policy

Overnight Glasses reserve the right to change and modify any item and language on this privacy policy at any time. In order to stay informed, we recommend that you visit this page often and keep informed on the latest changes. You’re continues use of this website constitute your agreement to this cookie policy.

Governing law

This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of California. Any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in California, United States.

CALIFORNIA PROPOSITION 65 WARNING

Using Polycarbonate lenses and frame components made from Polycarbonate may expose you to chemicals including bisphenol A (BPA) and methimazole (for 1.74 lenses), which are known to the State of California to cause birth defects or other reproductive harm For more information, go to: www.P65Warnings.ca.gov.