Privacy Policy

Smart Vision Labs, Inc.
Last Updated: February 5, 2016

  1. Acceptance
  2. Information We Collect
  3. How We Use and Share the Information
  4. Health Information
  5. Tracking Technologies
  6. Accessing and Modifying Information and Communication Preferences
  7. How We Protect the Information
  8. Advertising
  9. External Websites
  10. Children
  11. Important Notice to Non-U.S. Residents
  12. California Residents
  13. Changes to This Privacy Policy
  14. How to Contact Us

Smart Vision Labs, Inc. (“SVL,” “we,” “us,” or “our“) created this Privacy Policy because we know that you care about how your information is collected, received, used, shared and retained. This Privacy Policy Mobile Applies to information collected and/or received via our website (https://smartvisionlabs.com) (the “Website“), and services made available  through the use of our Website and Mobile App (“Services“). Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Use.

  1. Acceptance

This Privacy Policy applies to visitors to the Website (“Visitors“), purchasers of our Smart Vision One device which incorporates our proprietary Mobile App (collectively, “SVOne“) that also purchase Services through our Website (“SVOne Operators“), and individuals that receive a vision exam from a SVOne Operator and choose to purchase Services through our Website (“Service Recipients“). By visiting our Website and/or using our Services, Visitors, SVOne Operators and Service Recipients acknowledge that they have read, understood and agree to the terms of this Privacy Policy and the Terms of Use, which are incorporated herein.

SVOne Operators may collect information from Service Recipients and other individuals in connection with vision exams performed using the SVOne Device including, but not limited to, exam results, demographic data, medical history and related personal and non-personal information (the “Mobile App Data“). The collection, receipt, use, sharing, and retention of Mobile App Data is governed by the privacy policy posted on our Mobile App (“Mobile App Policy“).

  1. Information We Collect

SVL collects the following types of information via the Website, both directly from you and indirectly through our third party service providers and advertising partners (our “Providers“).

Personal Information
“Personal Information” means any information or set of information that identifies or could be used to identify a natural person. When you purchase or use the Services, you will be asked to provide Personal Information such as your name, address, phone number, and e-mail address.

Service Recipients may also be asked to provide Personal Information regarding their medical history, including past and present medical condition, medications and ailments (“Health Information“). If you use or register for the Services via Facebook Connect or another social media site, then we may receive certain Personal Information from those sites in connection with such activities. We may use a Provider to collect and process credit cards, debit cards, and related financial information such as expiration date, billing address, and activation codes as necessary to complete purchases on the Website, and do not retain any such information. We do not collect any Personal Information from Visitors, SVOne Operators or Service Recipients unless they provide such information voluntarily. Personal Information does not include information regarding corporate entities or information that is encoded or anonymized, or publicly available information that has not been combined with non-public Personal Information.

Other Information
Other Information collected via the Website and/or the Services that does not identify you personally includes (but is not limited to):

Information such as your static or dynamic IP address (which may point to a specific identifiable computer or device and operating system), Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, number of links you click while using the Services, search terms, keywords and/or other data.

  • Information about your mobile device, including universally unique ID (“UUID”), platform type and version (e.g., iOS or Android), model number, carrier and country location, operating system version, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G).
  • Non-personally identifiable Mobile App Data, including exam results, medical history and demographic data. If a Service Recipient matches with this data, SVL will make this data available in the Service Recipients profile.
  1. How We Use and Share the Information

SVL may use your Personal Information for the following purposes:

  • To respond to your requests;
  • To provide and improve the Website and the Services;
  • To contact you about changes to the Website and/or the Services;
  • To send you notices (for example, in the form of e-mails, mailings, and the like) regarding Services you are receiving, and for billing and collection purposes;
  • For any other purposes disclosed at the time the information is collected and to which you consent; and
  • As otherwise specifically described in this Privacy Policy.

We may share your Personal Information for the following purposes:

  • Credit Card/Debit Card Providers. We will share your credit card and other payment related information with our Providers as necessary to process your payment. The Providers store your credit card information; we do not store this information. Storage by the Providers of your credit card and other payment relating information is subject to the privacy policies and practices of the Providers and is not subject to the terms of this privacy policy. By providing your credit card and other payment related information, you acknowledge and agree to use of such information by the Providers for purposes of processing your payment to us.
  • Service Providers. We, like many businesses, sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When we employ another company to perform a function of this nature, we provide them only with the Personal Information that they need to perform their specific function.
  • Legal Requirements. We may disclose your Personal Information if required to do so by law, or in the good faith belief that such action or disclosure is necessary appropriate (i) to operate the Website and/or the Services, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of other users of the Website, the Services, and/or the public.
  • Business Transfers. If all or all or substantially all of our assets or business are acquired and/or sold, your Personal Information will be transferred along with our other business assets.
  • Aggregated Information. We may aggregate and de-identify Personal Information and provide it to our existing or potential business partners, sponsors, advertisers or other third parties, in response to a government request, or to other third parties for lawful purposes.
  • Third Party Marketers. We may disclose Personal Information (excluding Health Information) to third party marketers (who may combine such Personal Information with their own records, and records available from other sources), for their own direct marketing purposes, and the direct marketing purposes of other third party marketers. If you wish to opt-out of sharing your Personal Information with third party marketers for their own and third party direct marketing purposes, please send an email with your name and address to support@smartvisionlabs.com.

To facilitate secure sharing of data from patient to physician, SVL may contact you by email to confirm a request to share your data with your physician. You have the ability to accept or reject those requests. If you wish to retract sharing of your data, please submit a request via the “How to Contact Us” section of this Privacy Policy.

It is your physician’s responsibility to ensure their request is accepted by contacting you independently of any SVL service. Your use history will not be shared automatically; your physician will only see new recordings from the time you accepted the request.

We may transfer the personal information we collect about you to countries other than the country in which the personal information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the personal information. When we transfer your personal information to other countries, we will put in place measures to adequately protect that personal information as described in this Privacy Policy so that same level of protection is applied to that personal information as would be required were it processed in the country in which the personal information was originally collected. 

  1. Health Information

With the opt-in consent of Service Recipients, SVL may also disclose specific Health Information for the following purposes:

  • Disclose Health Information to designated health care providers for the purpose of preparing a prescription for eyewear, contact lenses and/or related products and services (“Prescription“);
  • Along with your Prescription, disclose Health Information to designated third party service providers for the purpose of procuring eyewear, contact lenses and/or related products and services, and otherwise assisting with your vision care needs.

Service Recipients may revoke all or part of the consents granted to SVL above in writing at any time by sending a signed and dated statement to SVL as set forth in the “How to Contact Us” section below.

Notwithstanding the foregoing, to the extent that SVL receives and/or collects your Health Information through the Website from a Covered Entity (as defined under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA“)), in its capacity as a Business Associate (as defined under HIPAA), such information will be subject to protection under the privacy and security requirements of HIPAA and Health Information Technology for Economic & Clinical Health Act of the American Recovery and Reinvestment Act of 2009 (“HITECH Act“) set forth in the Business Associate Agreement which will govern SVL’s use and disclosure of such Health Information, and shall supersede the foregoing in the event of an inconsistency between the two.

  1. Tracking Technologies

When you visit our Sites or open our emails, we may collect certain information by automated means, such as cookies, web beacons and web server logs. The information we collect in this manner includes IP address, browser characteristics, device characteristics, operating system version, language preferences, referring URLs, information on actions taken on our Sites, and dates and times of website visits.  The cookies cannot identify you.  If you continue to use our Sites, we will assume that you are happy with this.  If you want to use the Sites without cookies you may option out at http://www.smartvisionlabs.com/privacy.  Please note, however, that without cookies you may not be able to use all of the features of our Sites. SVL and its Providers may use certain tracking technologies to collect Other Information, which may include:

  • Cookies (including both session cookies, which expire once you close your web browser, and/or persistent cookies which stay on your computer or mobile device until you delete them) to help us collect Other Information and to enhance your experience using the Website and/or the Services. If you do not want us to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you may still use the Website and the Services, although your ability to use some or all of the features may be impaired.
  • JavaScript tags trigger a sequence of events that includes viewing a first-party cookie (or setting that cookie if it does not already exist). We may use JavaScript tags to help us tailor and optimize our Services and provide you relevant SVL advertisements outside of our Services.
  • Web beacons, also known as “clear gif” technology, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. Unlike cookies, which can be stored on a user’s mobile device’s hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. 
  1. Accessing and Modifying Information and Communication Preferences 

SVOne Operators and Service Recipients can access, remove, review, and/or make changes to their Personal Information and/or Billing Information by logging into their account or by e-mailing us at support@smartvisionlabs.com. In addition, if you wish to opt-out of receiving direct marketing and promotional communications (via email, by mail, or by telephone) from SVL, please send us an email with your name and address to support@smartvisionlabs.com If you opt-out, SVL will not contact you directly with marketing messages about SVL services and/or products. Please note that SVOne Operators and Service Recipients cannot opt-out of receiving transactional e-mails related to their account with SVL.

Any access request may be subject to a fee of $15 USD (£10) to meet our costs in providing you with details of the personal information we hold about you.  You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

  1. How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

  1. Advertising

We may, directly or indirectly through Providers, serve personalized advertisements for products and services that may be of interest to you when you use the Services and External Sites. SVL and the Providers may use Other Information collected during your use of the Services and External Sites to select personalized advertisements, and combine and compare your information with other databases, perform, or have performed, cookie synchs, and otherwise use your information for commercial purposes. You may opt-out of the tailoring of advertising based on information we collect. To learn more about the use of this information, or to choose not to have this information used by our providers or third party advertising partners by opting out, please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/managing/opt_out.asp.

For Google Analytics, please visit https://www.google.com/analytics

  1. External Websites

The Website, the Services and the Platform may contain links to third-party websites (“External Websites“), but we do not endorse and are not responsible for the maintenance or content of any such External Websites. Please refer to the terms of use and privacy policies of the External Websites for more information. These websites and applications may operate independently from us. Linked sites and applications may have their own privacy notices or policies, which we strongly suggest you review.

  1. Children

We do not knowingly collect Personal Information from children under the age of 13 through the Website, the Services, the Platform or the Services. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

  1. Important Notice to Non-U.S. Residents

The Website, the Services, the Platform and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information, you consent to this transfer.

  1. California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with SVL may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to support@smartvisionlabs.com with “Privacy Policy” in the subject line or write to us at:

Smart Vision Labs, Inc.
335 Madison Avenue, Floor 16
New York, NY 10017
USA

In addition, SVL may not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

  1. Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Website, the Services and the Platform. By accessing the Website, the Services, the Platform and/or the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by Mobile Applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

  1. How to Contact Us

If you have questions about this Privacy Policy, please contact SVL via e-mail at support@smartvisionlabs.com with “Privacy Policy” in the subject line or write to us at:

United States:
Smart Vision Labs, Inc
335 Madison Avenue, Floor 16
New York, NY 10017
USA

International and European Data Controller:
TBD