PRIVACY POLICY

Last updated: February 13, 2023

We take your privacy seriously. Please read the following policy (our "Privacy Policy") that explains our practices regarding the collection, use, and disclosure of information that we receive and/or collect. Please read this together with our Terms and Conditions. Unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Our use of any individually identifiable health information you provide is subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Please note that this Privacy Policy does not apply to third parties, such as Facebook, Twitter, Pinterest, Instagram, Snapchat, and Google+, even if you access them through our Services.

If you have any questions or to contact us on any of the topics below, please reach out to us at [email protected].

Types of Information we Collect

Information you provide:

While using our Services. When you create an account with us, we ask for information including a name, phone number, email address, and password. We ask for information to process your transaction and when you use other online features. This information may include (i) your name, email address, phone number, shipping address, and date of birth, (ii) prescription information, (iii) medical information about your vision, (iv) purchase information, (v) information about other people, such as when you order on behalf of someone else, and (vi) images (e.g. upload a photo to measure your pupillary distance). You may also provide us with information when you apply for a job.

Payment details. When you make a purchase, we ask you for payment information, which may include payment card information, vision insurance plan information, billing address, and shipping address. Our payment processor, will collect, store, and process your credit card and other payment information on our behalf using industry-standard security measures. We do not store your payment card information.

Communications with us. We strive to deliver you an incredible customer experience. If you contact us, we may keep a record of your contact information and the content of the communication for later reference or to improve our Services. When we send you emails or text messages, we may track whether you open them to learn how to improve our products and services. We receive responses to any surveys that you participate in. You agree that Kits.com is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services.

Postings. You may post reviews of your purchases online, on social media or on our Site. You should be aware that, when you disclose information about yourself online, on social media or Kits.com' Site, we may collect this information. If you choose to post content to any public area of the Site, online or on social media, such content will be considered "public" and will not be subject to the privacy protections set forth herein. The content you post to the Site or publicly online or on social media may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.

Information we collect from third parties:

Information from third parties. Parts of our Services can be linked to other accounts you have with third parties or you may be able to register for an account on our Services with an account with a third party. If you connect or interact with us through a third-party account, we may receive information about you, including your profile information, photo, and usage information from the third party. If you mention us through your third party account, we may collect publicly available information and content related to your comment.

We may collect information about you from third parties, such as marketing or data analysis companies, and add this to the information we have about you.

Information from your doctor. If you permit us, we will contact your doctor to confirm, clarify, or obtain your prescription information to facilitate your order.

Information we automatically collect:

Information from our servers. Our servers may collect information such as an your IP address, cookie identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, operating system, browser type and language, hardware type, the web page visited before accessing our Services, the pages or features of our Services browsed and the time spent on those pages or features, search terms, the links on our Services that are clicked on and other statistics.

Location information. We may collect and store information about your location. For example, by converting your IP address into a rough geo-location.

How Kits.com Uses Your Information

Generally. We primarily use your information to provide and enhance our Services and your experience with Kits.com. Some ways we may use your information include: for research and development, to provide and improve our product and services, to communicate with you (via mail, email, phone or text), and to help with our business planning.

Location. We may use location information collected from your mobile device to enhance your shopping experience and to provide you with location-based services.

Photos, Scans, and Images. When you submit (or grant us permission to take) a photo, facial scan, or other image of you, we may use them as follows: to measure, assess, and gather optical and fit information and address questions you may have.

How We Share Your Information

If we share your information, we do so only as described below.

With vendors

We may engage third party service providers to work with us to provide the Services. Some of examples of these third party's services are payment processing, shipping, and handling returns. These third-party service providers have access to your personal information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use the information for any other purpose.

With advertising and marketing partners

Through our Services, Kits.com may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your visits, time of day). We may also share information we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Kits.com related websites within their networks. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. For example, one third party service we use to track your user activity on our Services is Google Analytics. We use Facebook and Instagram to deliver advertisements to you on Facebook and Instagram, and to provide data to us, based on email addresses or profiles that we have collected.

We partner with Rakuten Advertising, who may collect personal information when you interact with our site. The collection and use of this information is subject to the privacy policy located here: https://rakutenadvertising.com/legal-notices/services-privacy-policy/.

With your doctor and dispensing optician

We will only share your information with your doctor or optician if you've asked us to confirm the prescription information you provide us, or if you've asked us to obtain your prescription information from your doctor.

With your vision insurance carrier

We may share your information with your vision insurance carrier to process your claim.

With business partners we do not control

We may provide your information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner's name will appear, along with Kits.com. Kits.com requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of personal information they maintain on our behalf and not to use it for any purpose other than the purpose for which the information was provided to them.

In connection with business transfers

If the ownership of our business changes, or we otherwise transfer assets relating to our business or any of the Services to a third party, we may transfer or sell your information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to this Privacy Policy unless we notify you otherwise.

For protection or as required by law

We may access, preserve, and disclose your information and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours', ours' or others' rights, property, or safety; (iv) to enforce Kits.com policies or contracts; (v) to collect amounts owed to Kits.com; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

With your consent

Except as outlined above, we will notify you before we share your identifiable information with any third parties.

Access to Your Information and Choices You Have with Your Kits.com Account

Through your account settings, you can access, view, and edit your name, password, mailing/billing address, email address, and phone number. You can delete any of this account information. In addition, you can request a copy of your personal information that we have collected and/or request that we delete it. The information you can view, edit, and delete through your account settings may change as our Services change.

You can "opt out" or unsubscribe to our emails through the link on our emails or to our texts by replying "STOP" or by contacting us. Unsubscribing will stop most types of emails and texts, but it may not prevent you from receiving emails or texts about orders or transactions you place through our Services or to emails or texts in response to a specific request from you, such as password recovery. To stop receiving notifications from us on your mobile device, you can also update your device settings.

Children's Information

We do not knowingly collect personal information from children under the age of 13, to adhere to the Children's Online Privacy Protection Act ("COPPA"). If you are a parent or legal guardian of a minor child, you may use our Services on behalf of such minor child. If you have questions concerning our information practices with respect to children, or if you believe a child under the age of 13 has provided us with personal information, please contact us.

Information Transfer and Storage

Your information may be transferred or stored anywhere in the world. Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection as the country where you reside or are located. By using and accessing our Services, users agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside, and acknowledge that the protection of such information may be different than required under the laws of their residence or location.

We are Committed to Protecting Your Information

We take the protection of your information very seriously. We take many security measures (physical, electronic, and operational) to help keep your information safe. However, we cannot guarantee the complete security of your information. Any information that you provide to us is done so entirely at your own risk.

California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Kits.com does not share personal information with third parties for their own marketing purposes.

Changes to this Privacy Policy

We may update this Privacy Policy at any time. When we do so, we'll post the updated policy on the Site and/or through other communications. Please review these changes whenever we update them. Your continued use of the Services after we have posted an updated policy constitutes your acceptance of the updated policy. If you don't agree to be bound by the updated policy, then you may not use the Services anymore. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Questions for us?

If you have any questions about these Terms or the Services, please contact us at [email protected].