Terms of Use & Privacy Policy Skip to content

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. When you use the services (the “Services”), you are agreeing to these terms, so please do not use the Services if you do not agree. If you do not agree to these Terms of Use and the Privacy Policy, do not enter the Site. Before using any of the Services provided on this Site, please read these Terms of Use.

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.

Eligibility

We only permit individuals who are at least eighteen (18) years old and can form legally binding contracts with us to use  the Services. If you are under eighteen (18) years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least eighteen (18) years old supervises you. In all cases, the adult would need to be the user and is responsible for any and all activity on the Site.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms of Use. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party  (unless you are a parent or legal guardian using the Services for your minor child).

Privacy Policy

The SEE, Inc. Privacy Policy was updated on April 1, 2023 

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.  

Collection of Personal Information 

When using this Site or our services, you may provide us with certain personal information through a variety of methods including: (i) via signups on our Site such as through the creation of an account; (ii) from an online, email, retail or telephone purchase; (iii) when you enter a sweepstakes, giveaway, contest or other promotion, or complete a survey; (iv) when you provide information at our stores; (v) upon contacting us, such as through customer service communications, including our online chat features; (vi) upon signing up at an event; (vii) upon registering a SEE product; (viii) when you submit a business reply, product, or warranty card; (ix) when you post material to the Site, such as through product reviews; or (x) when you interact with us for any other purpose.  We may also collect certain information automatically when you use the Site, as described below.  We may receive information about you from third parties and combine it with information you have provided to us as more fully addressed below.  When you interact with us, we may collect information that you chose to provide such as your name, address, telephone number, email address, date of birth, medical history, information about your vision, insurance information, credit/debit card information, eyewear prescription data (including images of your prescriptions), your age, or other information.  Your submission of such personal information and any other information about other people such as when you direct us to send a gift card or information about the Company and/or its products and services is voluntary.  If you do not want us to have or use such personal information or any other information, please do not submit such personal information or any other information to the Site. 

In addition, we may receive information about you from other sources, including third parties that help us update, expand, and analyze our records and identify new customers, and provide products and services that may be of interest to you. 

We (or third parties operating on the Site) also may automatically collect technical information when you use our Site (for example, browser version, IP address, Internet service provider, location, referring/exit pages, operating system, date/time stamp, clickstream data and reference site domain name, and customer traffic patterns and website usage).  We may use cookies or similar technology to collect this information.  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.  See the “Cookies” section of this Privacy Policy to learn more about the use of this information and the choices available to you.    

When you contact us, we do everything possible to make sure you have an exceptional experience.  If you contact us in person, by phone (calling or texting), email, instant message (including Facebook Messenger), live chat, through social media, directly through our Site, or by some other means, we may keep a record of your contact information and the content of the communication for later reference.  When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our products and services, and we receive responses to any survey that you choose to complete for us.  

We may also collect information when you are visiting our stores.  Like most retailers, we have in-store video surveillance for security, fraud, and loss prevention purposes.  In addition, we analyze videos to help us understand customer behavior and retail traffic within our physical spaces.  When you connect to our in-store Wi-Fi, we receive and review information about you and your device, including your device’s IP address, received signal strength indicator (“RSSI”), and technical details about your device such as its operating system, device type and technical capabilities.  We will also receive information about how you use our Wi-Fi network while you are connected, including the store location, the areas of the store you visit, the names and/or Internet addresses of the websites you visit and the applications you use, and how long you interact with such sites or applications.  If your mobile device is configured to search for available Wi-Fi networks, we may receive information about your device even if you choose not to connect to our Wi-Fi services.  Our service providers may also collect information about your mobile device from other tracking technologies while you are near or in our stores to help us better understand our customers and how they use our products and services.  

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 or any other information with others. We do not and have not sold any personal information.  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 unsubscribe link in the marketing material or email customerservice@seeeyewear.com

When you download and use our SEE App, we receive information from your mobile device, such as IP address, device information, and unique device identifiers.  We may also receive information about your precise location from your device, but only if you enable location tracking on your device.  We may collect location data when your device is near our in-store systems, even if you are not currently using the app.  You may turn off this location tracking at any time in your app settings or by disabling Bluetooth on your device.  

Use of Personal Information

Upon receipt of your personal information, we may use such information to, among other things, improve and personalize our products and services on our Site and in our retail locations, improve our Site, fulfill orders and requests (e.g., purchases), process refunds, track and confirm online orders, contact you to provide you with promotional information, administer a contest, promotion, survey, or other site feature, communicate with you, including responding to your comments or questions and send you updates on your order, understand your use of our Site and products and services to help improve the customer experience and/or other information related to our Site and/or the merchandise and products we sell or feature on our Site including providing recommendations and marketing materials about our products and services, deliver gift cards in accordance with your instructions to comply with the law and maintain the security of the Site, or for our other internal business purposes.  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.  We will keep your personal information for so long as necessary to achieve the purpose for which such personal information was collected.  We also retain your personal information for so long as you have your account, or as long as is needed to be able to provide the serves and products to you. 

We may use location information collected from your mobile device to enhance your shopping experience and to provide you with location-based services, such as advertising, search results, and other personalized content, as well as to assist us with foot traffic measurements and service improvements in our stores.  

Please note that this Site offers the opportunity to purchase merchandise and/or other services.  When items are sold, 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. 

Sharing of Personal Information 

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

We engage service providers to perform services in connection with the operation of our business. We may share personal information with service providers so that they can perform these services.  Examples of these services include payment processing and authorization, text messaging services, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. 

In proceeding with your online order, you agree that any information associated with the order, such as the delivery name and address (if different from yours), will be processed using service providers. 

Personal information collected through our Site may be shared between the brands and affiliates that are owned or operated by the Company.  We also share personal information with selected third parties for their own marketing purposes.  See the “Access to Information and Choices You Have” section of this Privacy Policy for more information. 

We may release personal information if we believe in good faith that: (i) the law or legal process requires it; (ii) we have received a valid administrative request from a law enforcement agency; or (iii) such release is necessary or appropriate (in our sole discretion) to protect the rights, property, or safety of the Company, or any of our respective affiliates, service providers, customers, or others. 

We may also share your personal information with your consent or as otherwise disclosed at the time of data collection or sharing. 

As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, or the sale of all or a portion of our assets.  In such transactions, information about customers will likely be transferred.  See the “Business Transfers” section below for more information about the possible transfer of your personal information.  

The Site may allow you to provide comments in various sections of our Site, such as in product reviews.  Please be aware that the information you post in these areas may be available to visitors of the Site and to the general public. 

We share aggregated and de-identified information, or any other technical information, without limitation.  For example, we may share aggregated demographic information about the Site visitors with our affiliates, service providers or vendors, so that they can provide marketing analysis and consult with us on advertising strategies.  We also may share technical information, such as the number of users who visited the Site during a specific time period or who purchased a specific product through the Site, with our marketing service providers, advertisers, and others from time to time. This information is generally shared in an aggregated form. 

We may work with other businesses from time to time.  These business partners may sell items or provide promotions to you through our Site or theirs.  We may also provide products or services to you jointly with our business partners.  When we do this, we will clearly show you that a business partner is associated with your transaction, and we will only share information with them that is related to your transaction and in accordance with your request to share with that partner.  

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with any applicable law, court order, subpoena, legal process, or enforceable governmental request; cooperate with law enforcement; enforce or apply this Privacy Policy, our Terms of Use, and other agreements; detect, prevent or otherwise address fraud, security or technical issues; or protect the rights, property or safety of the Company, our employees, our users, or others.  

Digital Advertising and Analytics 

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms.  Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Site and other sites or apps over time, including information about relationships among different browsers and devices. 

We may also work with service providers that collect data about your use of the Site and other sites or apps over time for non-advertising purposes subject to their privacy policies.  We use analytics providers such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/.  You can opt out of Google’s collection and processing of data generated by your use of the Site by going to http://tools.google.com/dlpage/gaoptout. 

Third Party Links and Plug-Ins 

The Site may provide links to third-party websites or apps, including our social media pages.  We do not control the privacy practices of those websites or apps, and they are not covered by this Privacy Policy.  You should review the privacy policies of other websites or apps that you use to learn about their data practices. 

The Site may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Site, those social media companies may collect information about you and may use and share such information in accordance with their own policies, including sharing such information with us or the general public.  Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the companies that provide those features.  We encourage you to read the privacy policies for any social media accounts you create and use. 

Other than as set out above, you will receive notice when your personal information might be shared with third parties and you will have an opportunity to choose not to share that information.  

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 your 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.  It is important for you to protect against unauthorized access to your password and to your computers, devices and applications.  Be sure to sign off when finished using a shared computer.  

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. 

Access to Your Information and Choices You Have 

Through your account settings, you can access, view and edit any of the following personal information: 

  • Name
  • Password
  • Mailing address
  • Billing address
  • Email address
  • Phone number 

You can delete any of the above information or your account completely, and contact us with questions or concerns about your information, by emailing customerservice@seeeyewear.com.  The information you can view, edit and delete may change as our services change.  

If you decide you don’t want to receive marketing or promotional emails from us, you can opt out of marketing or promotional emails in your account settings, click the “Unsubscribe” link in our emails, or email us at customerservice@seeeyewear.com.  Opting out or unsubscribing will not prevent you from receiving emails about orders or other transactions you make through our Site or emails in response to a specific request from you, such as password recovery.  If you decide you do not want to receive text messages from us, you can opt out in your account settings.  If you wish to stop receiving push notifications from us on your mobile device, you can update your device settings.  

Disclosures to Consumers 

Our disclosures to consumers are: 

  1. Understandable and accessible to our target audiences, considering the vulnerabilities or unique characteristics of the audience and paying attention to the vulnerabilities of children.
  2. Reasonably accessible to consumers with disabilities, including the use of digital accessibility tools. For notices provided online, we follow generally recognized industry standards, such as the Web Content Accessibility Guidelines. In other contexts, we provide information on how a consumer with a disability may access the disclosure of communication in an alternative format.
  3. Available in the languages in which we, in our ordinary course of business, provide web pages, interfaces, contracts, disclaimers, sale announcements, and other information to consumers. Disclosures and communications sent directly to consumers must be sent in the language in which the consumer ordinarily interacts with us.
  4. Available through an interface regularly used in conjunction with our product or service.
  5. Readable on all devices through which consumers interact with us, including on small screens and through mobile applications, if applicable.
  6. Unless otherwise stated, notifications from us to our consumers shall be communicated in a manner by which we regularly interact with our consumers. 

California Privacy Rights 

If you are a California resident, the information below may apply to you in addition to the terms of our Privacy Policy.  Please review these additional privacy disclosures, which provide a summary of how we collect, use and disclose personal information about you and explain your rights under the California Consumer Privacy Act of 2018, as amended (the “CCPA”).  

Categories of Information We Collect, Use, and Disclose.  The personal information that the Company collects, or has collected from consumers in the twelve (12) months prior to January 1, 2023 fall into the following categories established by the CCPA: 

  • Identifiers, such as name, email address, mailing address, phone number or IP address
  • Age, gender or other protected classifications
  • Commercial information, such as records of purchases and payment information, including credit and debit card information
  • Health information, such as prescriptions or health insurance information
  • Internet or other electronic network activity information, such as log data and information about the devices and computers you use to access our Site
  • Geolocation data, such as GPS signals, device sensors, and Wi-Fi access points, where you have allowed access to that information
  • Electronic, visual, or similar information, such as photos
  • Professional or employment-related information, if you apply to work for us
  • Education information, if you apply to work for us
  • Other information you provide, such as demographic information, responses to surveys or messages to customer service
  • Inferences drawn from any of the above, including about the content or ads that may be of interest to you 

We collect this information from you, your devices, third parties, or as otherwise described in this Privacy Policy.  We use the categories of personal information as described in the section entitled “Use of Personal Information” above, and we disclose these categories of personal information for business purposes as described above and in the section entitled “Sharing of Personal Information”.  

We do not share the personal information of consumers when we have actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sharing of the consumer’s personal information. 

Your Rights. Under the CCPA, California residents have the right to request access to or deletion of their personal information, and to request details about what personal information has been collected over the past twelve (12) months. You are also permitted to opt out of the sale or sharing of your personal information – we cannot sell or share your personal information after we receive your opt out request unless you later authorize us to do so again. Further, under the recently amended CCPA, consumers are provided with two additional rights: the right to correct inaccurate personal information that we and/or an affiliate may have about you and the right to limit the use and disclosure of sensitive personal information collected about you. You may direct us and/or our affiliate(s) to only use your sensitive personal information for limited purposes, such as providing you with the services you requested. 

If you choose to exercise these rights, the Company will not discriminate against you because of it.  You may exercise these rights by clicking here privacyrequest@seeeyewear.com or calling (800) 289-3937. If you have additional questions or need help exercising your rights, you may email us at customerservice@seeeyewear.com.    

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request.  If you have an account with us, we may verify your identity by requiring you to sign in to your account.  If you request access to or deletion of your personal information and do not sign in to an account with us, we require you to provide the following information: name, email address, phone number, and postal address.  In addition, if you do not have an account and you ask us to provide you with specific items of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.  If you designate an authorized agent to request on your behalf access, deletion or opt out request: (i) we may require you to provide the authorized agent written permission to do so; and (ii) for access and deletion requests, we may require you to verify your own identity directly with us (as described above). 

If you choose to exercise any of your rights under the CCPA, you have the right not to receive, and will not receive, discriminatory treatment by us.  To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request with the exception of requests to know about personal information we collect and how it is used and shared. 

You have the right to request, twice in a twelve (12) month period, that we disclose to you the personal information related to you that we have collected during the past twelve (12) months.  This may include: 

  • The categories and specific items of personal information we have collected about you
  • The categories of sources from which we collected the personal information
  • The business or commercial purpose for which we collected the personal information and how it is shared
  • The categories of third parties with whom we shared the personal information
  • The categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose

If you are a resident of California, you have the right to be notified before or at the point we and/or third parties collect your personal information, of the types of information we and/or third parties are collecting, and what we and/or third parties may do with that information, as defined by California Civil Code Section 1798.83. You may request to know what we share with our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties. 

How to submit a request

To access or delete your data, submit your request here:
https://dsrp.pii.ai/p/ce982529-45f9-452c-a0b7-0aee59a52e67/submit.html

Once a request is submitted, you will receive an email within ten (10) days that we will use to verify your identity and provide confirmation of your request.  We will respond to your request for access or request to delete within forty five (45) days from the day we receive the request.  If necessary, we may extend the time period to a maximum total of ninety (90) days from the day we receive the request.  In such case, you will receive an email notifying you of the extension and explaining the reason for the extension.  Any disclosure in response to a request for access will cover the twelve (12) month period preceding the Company’s receipt of the request and will be delivered in a readily useable digital format, or by mail at your request. 

Your request to know or request to delete may be denied for any reason allowable under the CCPA.  For example, we may deny your deletion request if retaining the personal information is necessary for us or our service provider(s) to: 

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that personal information that are compatible with the context in which you provided it or for any other purpose permitted by the CCPA. 

Similarly, we may deny requests: 

  • For specific items of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks.
  • To access or delete information that is de-identified.
  • If your identity cannot be verified to a degree of certainty required by the CCPA.
  • From an authorized agent that does not submit proof that they have been authorized by the consumer to act on your behalf. 

Sale of Personal Information.  The Company does not, and will not sell any information that directly identifies our customers such as their names, email addresses, phone numbers, or postal addresses.  We do use marketing and advertising partners, however, and we share cookies, IP addresses, and device identifiers with them so that they can help us promote our products and services.  You can opt out of receiving certain targeted advertising as described in the “Collection of Personal Information” and “Sharing of Personal Information” sections above.  

Colorado Privacy Rights 

If you are a Colorado resident, the information below may apply to you in addition to the terms of our Privacy Policy.  Please review these additional privacy disclosures, which provide a summary of how we collect, use and disclose personal information about you and explain your rights under the Colorado Privacy Act (the “CPA”).  

Categories of Information We Collect, Use, and Disclose.  The personal information that the Company collects, or has collected from consumers is defined as “information that is linked or reasonably linkable to an identified or identifiable individual”. This does not include de-identified data or publicly available information – information that is lawfully made available from federal, state, or local government records and information that we have a reasonable basis to believe the consumer has lawfully made available to the general public. 

Certain personal information can be categorized as any of the following: 

  • Name and email address
  • Social security number
  • Student, military or passport identification number
  • Driver’s license number or identification card number
  • Medical information
  • Health insurance identification number
  • Biometric data 

Personal information also includes a Colorado resident’s username (or applicable email address), in combination with a password or security questions and answers, that would permit access to an online account, and a Colorado resident’s account number or credit or debit card number in combination with any required security code, access code or password that would permit access to that account. 

We collect this information from you, your devices, third parties, or as otherwise described in this Privacy Policy.  We use the categories of personal information as described in the section entitled “Use of Personal Information” above, and we disclose these categories of personal information for business purposes as described above and in the section entitled “Sharing of Personal Information”. 

We must obtain consumer consent prior to processing sensitive data. The law defines sensitive data to include personal data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, citizenship or citizenship status, genetic or biometric data that may be processed for the purpose of uniquely identifying an individual, and the personal data of a known child. 

Our Duties. Per CPA regulation, we engage in the following:

  • Duty of Purpose Specification – we must specify the express purpose for which personal data is collected and processed.
  • Duty of Data Minimization – we must restrict our data collection to data that is “adequate, relevant and limited to what is reasonably necessary in relation to the specified purposes for which the data is processed.
  • Duty to Avoid Secondary Use – we must not process personal data for purposes that are not reasonable necessary or compatible with the specified purposes for which the data was collected without consumer consent.
  • Duty of Care – we must properly secure personal data. 

Our Data Processor(s). Under the CPA, we are required to enter into data processing agreements (“DPAs”) with our processor(s). DPAs must:

  • Contain processing instructions, including the nature and purpose of the processing.
  • Identify the type(s) of personal data that will be processed.
  • Bind processors and their employees to confidentiality.
  • Require processors to implement appropriate security measures to protect personal data.
  • Address the return or deletion of personal data.
  • Require processors to allow for audits.
  • Require processors to enter into similar contracts with sub-processors. 

Your Rights. Under the CPA, Colorado residents have the right to opt out of targeted advertising, the sale of their personal data and certain types of profiling. Colorado residents also have the right to access, correct and delete their personal data as well as the right to data portability. If you choose to exercise these rights, the Company will not discriminate against you because of it. You may exercise these rights by clicking here privacyrequest@seeeyewear.com or calling (800) 289-3937.  If you have additional questions or need help exercising your rights, you may email us at customerservice@seeeyewear.com.    

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request.  If you have an account with us, we may verify your identity by requiring you to sign in to your account.  If you request access to or deletion of your personal information and do not sign in to an account with us, we require you to provide the following information: name, email address, phone number, and postal address.  In addition, if you do not have an account and you ask us to provide you with specific items of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.  If you designate an authorized agent to make an access, deletion or opt out request on your behalf: (i) we may require you to provide the authorized agent written permission to do so; and (ii) for access and deletion requests, we may require you to verify your own identity directly with us (as described above). 

If you choose to exercise any of your rights under the CPA, you have the right not to receive, and will not receive, discriminatory treatment by us.  To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.  

You have the right to request that we disclose to you the personal information related to you that we have collected during the past twelve (12) months.  This may include: 

  • The categories and specific items of personal information we have collected about you
  • The categories of sources from which we collected the personal information
  • The business or commercial purpose for which we collected the personal information
  • The categories of third parties with whom we shared the personal information
  • The categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose 

How to submit a request. 

To access or delete your data, submit your request here:
https://dsrp.pii.ai/p/ce982529-45f9-452c-a0b7-0aee59a52e67/submit.html

Once a request is submitted, you will receive an email of any action taken without undue delay, and in any event, within forty-five (45) days after receipt of the request. We may extend the forty-five-day period by forty-five (45) additional days where reasonably necessary, taking into account the complexity and number of the requests. We will inform the consumer via email of an extension within forty-five (45) days after receipt of the request, together with the reasons for the delay. If we do not take action on the consumer’s request, we shall inform the consumer, without undue delay and, at the latest, within forty-five (45) days after receipt of the request, of the reasons for not taking action and instructions for how to appeal the decision with us. All information provided in this section shall be given free of charge; except that, for a second or subsequent request within a twelve (12) month period, to the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. 

Your request to know or request to delete may be denied for any reason allowable under the CPA.  For example, we may deny your deletion request if retaining the personal information is necessary for us or our service provider(s) to: 

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that personal information that are compatible with the context in which you provided it or for any other purpose permitted by the CPA. 

Similarly, we may deny requests: 

  • For specific items of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks.
  • To access or delete information that is de-identified.
  • If your identity cannot be verified to a degree of certainty required by the CPA.
  • From an authorized agent that does not submit proof that they have been authorized by the consumer to act on your behalf. 

Sale of Personal Information.  “Sale” is defined as “the exchange of personal data for monetary or other valuable consideration by a controller to a third party.” The definition contains certain exceptions such as the disclosure of personal data to a processor that processes the personal data on behalf of a controller and the disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer. The Company does not, and will not sell any information that directly identifies our customers such as their names, email addresses, phone numbers, or postal addresses.  We do use marketing and advertising partners, however, and we share cookies, IP addresses, and device identifiers with them so that they can help us promote our products and services.  You can opt out of receiving certain targeted advertising as described in the “Collection of Personal Information” and “Sharing of Personal Information” sections above.  

Connecticut Privacy Rights 

If you are a Connecticut resident, the information below may apply to you in addition to the terms of our Privacy Policy.  Please review these additional privacy disclosures, which provide a summary of how we collect, use and disclose personal information about you and explain your rights under the Connecticut Data Privacy Act (the “CTDPA”), which gives Connecticut residents certain rights over their personal data and establishes responsibilities and privacy protection standards for data controllers that process personal data. 

Categories of Information We Collect, Use, and Disclose.  Personal data is any information that can be linked to an identifiable individual, excluding publicly available information. Some examples of the personal information that the Company collects, or has collected from consumers in the twelve (12) months prior to January 1, 2023 fall into the following categories established by the CTDPA: 

  • A home address
  • A driver’s license or state identification number
  • Passport information
  • A financial account number
  • Login credentials
  • Payment card information 

We collect this information from you, your devices, third parties, or as otherwise described in this Privacy Policy.  We use the categories of personal information as described in the section entitled “Use of Personal Information” above, and we disclose these categories of personal information for business purposes as described above and in the section entitled “Sharing of Personal Information”. Per the CTDPA, we only share a consumer’s personal data or process personal data for the purposes of targeted advertising when the consumer is 16 years of age or older. 

Sensitive Data. Sensitive data is a subset of personal data that includes: 

  • Any data revealing racial or ethnic origins, religious beliefs, mental or physical health conditions or diagnoses, sexual activity or orientation, citizenship, or immigration status;
  • Genetic or biometric data used to uniquely identify an individual;
  • Personal data of a child under the age of 13; and
  • Information that identified an individual’s specific location with a defined degree of precision and accuracy (called “precise geolocation data”). 

Our Duties to Consumers. Under the CTDPA, we: 

  • Provide notice regarding the types of personal data we process, the purpose(s) for processing, whether and why we share personal data with third parties, and information about how the consumer can exercise their various rights over their personal data.
  • Limit collection of personal data to what is adequate, relevant, and reasonably necessary for the specific purpose(s) for which the data is processed (also known as “data minimization”).
  • Obtain consent before processing a consumer’s sensitive data.
  • Respond to requests to exercise consumer rights granted under the CTDPA.
  • Conduct assessments before processing personal data in a manner that presents a heightened risk of harm to consumers (called “Data Protection Assessments”). This includes processing personal data for the purposes of targeted advertising, sale or profiling, and processing sensitive data.
  • Use reasonable safeguards to secure personal data.
  • Not discriminate against consumers who exercise their rights under CTDPA or process personal data in a manner that would otherwise result in unlawful discrimination. 

Your Rights. The CTDPA provides Connecticut residents the following enumerated rights: 

  • The right to access personal data that we have collected about you.
  • The right to correct inaccuracies in your personal data
  • The right to delete your personal data, including personal data that we collected through third parties.
  • The right to obtain a copy of your personal data in a portable and readily usable format that allows you to transfer the data to another controller with ease.
  • The right to opt out of:
    • The sale of your personal data;
    • The processing of personal data for the purposes of targeted advertising; and
    • Profiling that may have a legal or other significant impact. 

If you choose to exercise any of your rights under the CTDPA, you have the right not to receive, and will not receive, discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request with the exception of requests to know about personal information we collect and how it is used and shared. You may exercise these rights by clicking here privacyrequest@seeeyewear.com or calling (800) 289-3937. If you have additional questions or need help exercising your rights, you may email us at customerservice@seeeyewear.com. Please also see the link provided on our website through which you can opt out of targeted advertising or the sale of your personal data. 

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request.  If you have an account with us, we may verify your identity by requiring you to sign in to your account.  If you request access to or deletion of your personal information and do not sign in to an account with us, we require you to provide the following information: name, email address, phone number, and postal address.  In addition, if you do not have an account and you ask us to provide you with specific items of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.  If you designate an authorized agent to make an access, deletion or opt out request on your behalf: (i) we may require you to provide the authorized agent written permission to do so; and (ii) for access and deletion requests, we may require you to verify your own identity directly with us (as described above). 

You have the right to request information from us, free of charge, once every twelve (12) months. Under certain circumstances beyond the annual request, we may charge an administrative fee as permitted under law. You may request that we disclose to you the personal information related to you that we have collected during the past twelve (12) months, which may include: 

  • The categories and specific items of personal information we have collected about you
  • The categories of sources from which we collected the personal information
  • The business or commercial purpose for which we collected the personal information and how it is shared
  • The categories of third parties with whom we shared the personal information
  • The categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose 

How to submit a request.

To access or delete your data, submit your request here:
https://dsrp.pii.ai/p/ce982529-45f9-452c-a0b7-0aee59a52e67/submit.html

Once a request is submitted, you will receive an email within ten (10) days that we will use to verify your identity and provide confirmation of your request.  We will respond to your request within forty-five (45) days from the day we receive the request.  If necessary, we may extend the time period to a maximum total of ninety (90) days from the day we receive the request.  In such case, you will receive an email notifying you of the extension and explaining the reason for the extension.  Any disclosure in response to a request for access will cover the twelve (12) month period preceding the Company’s receipt of the request and will be delivered in a readily useable digital format, or by mail at your request. 

Denial of Consumer Rights Request. For certain specified reasons under the CTDPA, we may deny a consumer’s request if fulfilling the request would restrict our ability to: 

  • Provide a product or service specifically requested by the consumer.
  • Perform certain internal operations that reasonably align with consumer expectations.
  • Issue a product recall or repair technical errors.
  • Respond to and prevent security incidents, identity theft and fraud.
  • Comply with federal, state or local law. 

For more exceptions, see Section 10 of the CTDPA. As a consumer, you have the right to appeal a denial of your rights request. We have 60 days after receipt of an appeal to write back to the consumer, explaining any actions we have taken and reason for refusing a consumer’s request. If we deny the appeal and you wish to file a complaint, you may contact the Attorney General by emailing Attorney.General@ct.gov or calling (860) 808-5318. 

Sale of Personal Information.  The Company does not, and will not sell any information that directly identifies our customers such as their names, email addresses, phone numbers, or postal addresses.  We do use marketing and advertising partners, however, and we share cookies, IP addresses, and device identifiers with them so that they can help us promote our products and services.  You can opt out of receiving certain targeted advertising as described in the “Collection of Personal Information” and “Sharing of Personal Information” sections above.  

Virginia Privacy Rights 

If you are a Virginia resident, the information below may apply to you in addition to the terms of our Privacy Policy.  Please review these additional privacy disclosures, which provide a summary of how we collect, use and disclose personal information about you and explain your rights under the Virginia Consumer Data Protection Act (the “VCDPA”), which gives Virginia residents certain rights over their personal data and establishes responsibilities and privacy protection standards for data controllers that process personal data.

Collection, Use, and Disclosure of Personal Data.  Personal data is any information that is linked or reasonably linkable to an identified or identifiable natural person, excluding de-identified data or publicly available information. De-identified data is data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to such person. Publicly available information is information that is lawfully made available through federal, state or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.

We collect data from you, your devices, third parties, or as otherwise described in this Privacy Policy.  We use the categories of personal information as described in the section entitled “Use of Personal Information” above, and we disclose these categories of personal information for business purposes as described above and in the section entitled “Sharing of Personal Information”. 

Sensitive Data. Sensitive data is a subset of personal data that includes:

  • Any data revealing racial or ethnic origins, religious beliefs, mental or physical health conditions or diagnoses, sexual activity or orientation, citizenship, or immigration status;
  • Genetic or biometric data used to uniquely identify an individual;
  • Personal data of a child under the age of 13; and
  • Information that identified an individual’s specific location with a defined degree of precision and accuracy (called “precise geolocation data”). 

Our Duties to Consumers. Under the VCDPA, we: 

  • Limit the collection of personal data to what is adequate, relevant and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consumer;
  • Do not process personal data for purposes that are neither reasonably necessary to nor compatible with the disclosed purposes for which such personal data is processed, as disclosed to the consumer, unless we obtain the consumer’s consent;
  • Establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data. Such data security practices shall be appropriate to the volume and nature of the personal data at issue;
  • Do not process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers. We will not discriminate against a consumer for exercising any of their rights, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer. However, nothing in this section shall be construed to require us to provide a product or service that requires the personal data of a consumer that we do not collect or maintain or to prohibit us from offering a different price, rate, level, quality or selection of goods or services to the consumer, including offering goods or services for no fee, if the consumer has exercised his right to opt out or the offer is related to a consumer’s voluntary participation on a bona fide loyalty, rewards, premium features, discounts or club card program; and
  • Do not process sensitive data concerning a consumer without obtaining the consumer’s consent, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).

 Your Rights. The VCDPA provides Virginia residents the following enumerated rights: 

  • To confirm whether or not we are processing the consumer’s personal data and to access such personal data;
  • To correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data;
  • To delete personal data provided by or obtained about the consumer;
  • To obtain a copy of the consumer’s personal data that the consumer previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means; and
  • To opt out of the processing of the personal data for purposes of:
    • Targeted advertising;
    • The sale of personal data; or
    • Profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. 

A consumer may invoke these rights at any time by submitting a request to us specifying the consumer rights the consumer wishes to invoke. A known child’s parent or legal guardian may invoke such consumer rights on behalf of the child regarding processing personal data belonging to the known child. If you choose to exercise any of your rights under the VCDPA, you have the right not to receive, and will not receive, discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request with the exception of requests to know about personal information we collect and how it is used and shared. You may exercise these rights by clicking here privacyrequest@seeeyewear.com or calling (800) 289-3937. If you have additional questions or need help exercising your rights, you may email us at customerservice@seeeyewear.com

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request.  If you have an account with us, we may verify your identity by requiring you to sign in to your account.  If you request access to or deletion of your personal information and do not sign in to an account with us, we require you to provide the following information: name, email address, phone number, and postal address.  In addition, if you do not have an account and you ask us to provide you with specific items of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.  If you designate an authorized agent to make an access, deletion or opt out request on your behalf: (i) we may require you to provide the authorized agent written permission to do so; and (ii) for access and deletion requests, we may require you to verify your own identity directly with us (as described above). 

You have the right to request information from us, free of charge, twice every twelve (12) months. If requests from a consumer are manifestly unfounded, excessive or repetitive, we may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request. If we, for any reason, are unable to authenticate the request using commercially reasonable efforts, we shall not be required to comply with a request to initiate an action and may request that the consumer provide additional information reasonably necessary to authenticate the consumer and the consumer’s request.

You may request that we disclose to you the personal information related to you that we have collected during the past twelve (12) months, which may include:

  • The categories and specific items of personal information we have collected about you
  • The categories of sources from which we collected the personal information
  • The business or commercial purpose for which we collected the personal information and how it is shared
  • The categories of third parties with whom we shared the personal information
  • The categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose

How to submit a request

To access or delete your data, submit your request here:
https://dsrp.pii.ai/p/ce982529-45f9-452c-a0b7-0aee59a52e67/submit.html

 Once a request is submitted, you will receive an email within ten (10) days that we will use to verify your identity and provide confirmation of your request.  We will respond to your request without undue delay, but in all cases within forty-five (45) days from the day we receive the request.  If necessary, we may extend the time period to a maximum total of ninety (90) days from the day we receive the request taking into account the complexity and number of consumer requests.  In such case, you will receive an email notifying you of the extension within the initial forty-five (45) day response period and explaining the reason for the extension.  Any disclosure in response to a request for access will cover the twelve (12) month period preceding the Company’s receipt of the request and will be delivered in a readily useable digital format, or by mail at your request.

 Denial of Consumer Rights Request. For certain specified reasons under the VCDPA, we may deny a consumer’s request if fulfilling the request would restrict our ability to:

  • Provide a product or service specifically requested by the consumer.
  • Perform certain internal operations that reasonably align with consumer expectations.
  • Issue a product recall or repair technical errors.
  • Respond to and prevent security incidents, identity theft and fraud.
  • Comply with federal, state or local law.

 As a consumer, you have the right to appeal a denial of your rights request within a reasonable period of time after the consumer’s receipt of the decision denying the request. We have sixty (60) days after receipt of an appeal to write back to the consumer, explaining any actions we have taken and reason for refusing a consumer’s request. If we deny the appeal and you wish to file a complaint, you may contact the Attorney General by emailing mailoag@oag.state.va.us, calling (804) 786-2071 or visiting the following link https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.

Data Protection Assessment. We conduct and document a data protection assessment of each of the following processing activities involving personal data of our consumers:

  • The processing of personal data for purposes of targeted advertising;
  • The sale of personal data;
  • The processing of personal data for purposes of profiling, where such profiling presents a reasonably foreseeable risk of (i) unfair or deceptive treatment of, or unlawful disparate impact on, consumers; (ii) financial, physical or reputational injury to consumers; (iii) a physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person; or (iv) other substantial injury to consumers;
  • The processing of sensitive data; and
  • Any processing activities involving personal data that present a heightened risk of harm to consumers. 

Data protection assessments shall identify and weigh the benefits that may flow, directly or indirectly, from the processing to us, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between us and the consumer whose personal data will be processed, shall be factored into the assessment by us.

Sale of Personal Information.  The Company does not, and will not sell any information that directly identifies our customers such as their names, email addresses, phone numbers, or postal addresses.  We do use marketing and advertising partners, however, and we share cookies, IP addresses, and device identifiers with them so that they can help us promote our products and services.  You can opt out of receiving certain targeted advertising as described in the “Collection of Personal Information” and “Sharing of Personal Information” sections above.  

Privacy Rights for Residents of the European Economic Area (“EEA”) and the United Kingdom

If you are a resident of the EEA and/or the United Kingdom, the information in this section may apply to you in addition to the other terms of our Privacy Policy.  Please review these additional privacy disclosures which provide a summary of how we collect, use and disclose personal information about you and explain your rights under the General Data Protection Regulation (“GDPR”). 

Data Controller.

This Site is managed by the Company in its capacity as Data Controller.  In such capacity, the Company sets out the purposes and means to process your personal information collected from the Site.  

What Data do we collect?

The Company collects personal data, which means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identify of that natural person. In practice, these also include all data which are or can be assigned to a person in any kind of way (i.e. the telephone, credit card or personnel number of a person, account data, number plate, appearance, customer number or address).

Sensitive Personal Data. The Company may also collect the following types of sensitive data, which are subject to a higher level of protection:

  • Genetic, biometric and health data
  • Personal data revealing racial and ethnic origin
  • Political opinions
  • Religious or ideological convictions
  • Trade union membership

Data Protection Impact Assessment. Prior to processing consumer information, the Company shall carry out an assessment of the impact of the processing operations on the protection of personal data when processing could result in a high risk to the rights and freedoms of natural persons. This assessment will be required in the case of:

  • A systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or significantly affect the natural person;
  • Processing on a large scale of special categories of data (data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation), or of personal data relating to criminal convictions and offenses; or
  • A systematic monitoring of a publicly accessible area on a large scale.

Records of Processing Activities. The GDPR obligates written documentation and overview of procedures by which personal data are processed. Our records of processing activities include significant information about data processing, including data categories, the group of data subjects, the purpose of the processing and the data recipients, which can be made available to appropriate authorities upon request.

How do we collect your data?

You directly provide the Company with most of the data we collect.  We collect and process data when you:

  • Register online or place an order for any of our products or services.
  • Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
  • Use or view our website via your browser’s cookies.
  • Voluntarily provide us with personal information through other channels or media such as social media or an event registration.

We collect this information from you, your devices, third parties, or as otherwise described in this Privacy Policy.  We use the categories of personal information as described in the section entitled “How We Will Use Your Data” below as well as in the section entitled “Use of Personal Information” above, and we disclose these categories of personal information for business purposes as described above and in the section entitled “Sharing of Personal Information”. 

How will we use your data? 

In addition to those uses described in the section entitled “Use of Personal Information” above, the Company collects your data so that we can:

  • Process your order.
  • Manage your account.
  • Email you with special offers on other products and services we think you might like.
  • Conduct or administer events, contests, sweepstakes, or other promotions in which you have participated.
  • Analyze the functioning of the Site.
  • Transmit commercial and marketing communications.

If you agree, the Company will only share such personal information as set forth in the section entitled “Sharing of Personal Information” above.

How do we store your data?

The Company securely stores your personal information at 19800 Eight Mile Road, Southfield, Michigan 48075.  We have physical, technical and administrative measures in place to help protect your personal information from loss, unauthorized access or processing, modification, disclosure, damage, alteration, destruction or other misuse.  Unfortunately, the transmission of information via the Internet is not completely secure or private.  You understand that any messages or information you send to our Site may be read or intercepted by others.  If you have any questions about the security of your personal information collected by the Company contact us at customerservice@seeeyewear.com.

The Company will keep your personal information for so long as necessary to achieve the purpose for which such personal information was collected.  We also retain your personal information for so long as you have your account, or as long as is needed to be able to provide the services and products to you.  For example, we retain your transaction history so that you can review past purchases (and repeat orders if desired) and what addresses you have shipped orders to, and to improve the relevancy of products and content we recommend.  If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, the Company may also keep personal information as required, after an account is closed or is no longer necessary to provide services.  Unless otherwise required by applicable law, the Company will take reasonable steps to destroy or permanently de-identify personal information it holds if such personal information is no longer needed for the purpose for which it was collected. 

Marketing­.

The Company would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies.  If you have agreed to receive marketing information and/or materials, you may always opt out at a later date.  You have the right at any time to stop the Company from contacting you for marketing purposes, and if you no longer wish to be contacted for marketing purposes, please click here www.seeeyewear.com.

What are your data protection rights? 

The Company would like to make sure you are fully aware of all of your data protection rights.  Every user is entitled to the following:

  • The right to obtain information and access – You have the right to request from the Company copies of your personal information as well as to request information about how we process your personal information.
  • The right to rectification – You have the right to request that the Company correct any information you believe is inaccurate and/or incomplete.
  • The right to erasure – You have the right to request that the Company erase your personal information, subject to the Company’s retention of your personal information necessary for the Company’s legitimate business interests, such as fraud detection and prevention and enhancing safety, as well as legal obligations.
  • The right to restrict processing – You have the right to request that the Company restrict the processing of your personal information.
  • The right to data portability – In certain circumstances you have the right to request that we provide the personal information which you provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit such data to another controller without hindrance from the Company.
  • The right to object to processing – You have the right to request that we stop processing personal information about you. For example, when your personal information is processed for email marketing purposes, you have the right to object to such processing at any time by clicking on the “unsubscribe” link at the bottom of such marketing communication.  If you object to such processing, the Company will no longer process your personal information for these purposes unless we can demonstrates compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.   
  • The right to revoke your consent – When our processing is based on your consent, you have the right to revoke such consent at any time.
  • The right to file a complaint – You have the right to file a complaint regarding our data protection practices with a supervisory authority. You can do so by contacting your country’s supervisory authority. 

Denial of Consumer Rights Request. For certain specified reasons under the GDPR, we may deny a consumer’s request if fulfilling the request would restrict our ability to:

  • Provide a product or service specifically requested by the consumer.
  • Perform certain internal operations that reasonably align with consumer expectations.
  • Issue a product recall or repair technical errors.
  • Respond to and prevent security incidents, identity theft and fraud.
  • Comply with Union or Member State law.

If you would like to exercise any of these rights or if you have any questions or inquiries relating to our privacy practices or procedures, you may write to the privacy officer at the address provided below. If you make a request, we have one (1) month to respond to you. This period may be extended by two (2) additional months where necessary, taking into account the complexity and number of requests. We will inform the consumer of any such extension within one (1) month of receipt of the request, together with the reasons for delay.

 

How to submit a request.

To access or delete your data, submit your request here:
https://dsrp.pii.ai/p/ce982529-45f9-452c-a0b7-0aee59a52e67/submit.html

What are cookies? 

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.  Please see the section entitled “Cookies” below, and for further information, visit allaboutcookies.org.

How do we use cookies?

The Company uses cookies in a range of ways to improve your experience on our website, including keeping you signed in and understanding how you use our website.  Please see the section entitled “Cookies” below. 

What types of cookies do we use? 

There are a number of different types of cookies, however, our website uses:

  • Functionality – The Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
  • Advertising – The Company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. The Company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

How to manage cookies.

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Privacy policies of other websites.

The Company website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Changes to our privacy policy.

The Company keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on January 1, 2023.  Please see the section entitled “Notification of Changes to this Privacy Policy” below. 

How to contact us.

If you have any questions about the Company’s privacy policy, the personal information we hold on you, would like to exercise one of your data protection rights, should wish to report a complaint or feel that our Company has not address your concern in a satisfactory manner, please do not hesitate to contact us:

  • Submit a request to privacyrequest@seeeyewear.com, or call us at (800289-3937.
  • Submit a request regarding the categories of personal information shared with our affiliates and/or third parties by emailing customerservice@seeeyewear.com.
  • Write to us at the following address: 19800 Eight Mile Road, Southfield, Michigan 48075.

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”).  We also do not share the personal information of consumers when we have actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sharing of the consumer’s personal information.  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

Like most websites, our Site may incorporate technology such as “pixel tags”, “web beacons” and “cookies” that allow us and service providers to collect information about your actions on our Site.  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 and other 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 the ownership of all or substantially all of our business changes, or we otherwise transfer assets relating to our business, the Company or any of the services we provide to a third party (such as by merger, acquisition, bankruptcy proceeding, or other change of control transaction), we may transfer or sell your personal information and other information to the new owner.  In such a case, unless permitted otherwise by applicable law, your personal information and other information would remain subject to this Privacy Policy unless we notify you otherwise.

Notification of Changes to this Privacy Policy

We review this Privacy Policy to make sure it complies with applicable laws and conforms to changes in our business.  We may need to update this Privacy Policy, and we reserve the right to do so at any time.  If we do revise this Privacy Policy, we will update the “Effective Date” at the top of this page so that you can tell if it has changed since your last visit.  Your continued use of this Site constitutes your acceptance of the terms of the Privacy Policy, as amended or revised by us from time to time.  We encourage you to review this Privacy Policy regularly for any changes.

Questions/Contact Us

If you have any questions about this Privacy Policy, including but not limited to updating your personal information and/or other information, or our privacy practices, please contact us at customerservice@seeeyewear.com.

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.

If products are made available for download from the Site, then your payment for and downloading of such products shall not constitute a grant or waiver by the Company or any other person of any intellectual property rights with respect thereto or with respect to any intellectual property rights embedded therein.

Account Registration

You can maneuver most of the Services without creating a user account (”Account”). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead  to  errors or delays, for which we will not be responsible.

You may never use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. 

You can always delete your Account by emailing us at help@seeeyewear.com.

Getting Your SEE Eyewear

  1. Select Your Frames: The Company sells optical and sunwear frames that can have either prescription or non- prescription lenses. If you wish to purchase multiple frames utilizing different prescriptions (for example, your distance prescription and your reading prescription), you will have to place those orders separately.

     

    1. Optical Frames: To order any optical frame, select the desired frame and quantity, and click the “Add to Cart” button to add it to your order. When you receive the order in the mail, you will also receive a voucher for a free pair of polycarbonate lenses that can be redeemed either at a SEE retail location or sent back to you via mail. If you elect to have your prescription eyewear sent back to you via mail, simply follow the instructions set out in the voucher. We’ve included a shipping label to make it easy as possible and the Company will pay all shipping costs for orders within the United States. International customers will be required to pay shipping and any duty/customs charges upon delivery.
    2. Sunwear Frames: To order sunwear frames, select the desired frame and click the “Add to Cart” button.

If you’re a current customer of SEE and we have your current/valid prescription on file indicate that information on the voucher and include any other custom elements you would like.

  1. Provide Your Prescription: If you are purchasing prescription eyewear, you can provide your prescription information by one of the following methods:
    • include a picture of your prescription with the voucher;
    • ask us to call your doctor for your prescription information (you may be required to give your doctor permission to share your prescription with us) by providing that information where requested on the voucher; or
    • email your prescription to us at help@seeeyewear.com or fax it to us at 248-354-7101.

      Please note that your prescription must be valid on the date you place your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two (2) years of the date of the prescription. If your prescription or order information is incomplete, we may need to take additional measures to  track down current information, which could mean you have to wait longer for your glasses.

  2. Pupillary Distance Measurement: We will also need your Pupillary Distance (“PD”) to fill your order. If your PD is not on your prescription, our licensed optometrists and opticians (or trained sales associates where allowed by law) can measure your PD when you visit our retail store, or you can utilize a millimeter ruler, and follow the instructions for measurement. Our video on "HOW TO MEASURE YOUR PD" is at the bottom of this page: https://seeeyewear.com/pages/frame-measurements
  1. High Index Lens Option: If your prescription has a sphere greater than + or - 3.00 and above, you have the option to purchase high index lenses for an additional fee. These lenses are UV treated, ultrathin (thinner and lighter than our standard lenses) and are good for users with prescriptions + or - 3.00 and above. These lenses may not, however, be appropriate for our younger or more active customers because they are less impact-resistant than most of the lenses we sell.
  2. Processing Time: You can get your glasses lickety split! We ship all orders within two to three (2-3) business days, and ground shipping (5-7 business days) is always free! If you need your order more quickly you can pay a little  extra for expedited shipping. If you send us an email letting us know you can’t live without these glasses for one more second we will move in into hyperdrive around here to get your order out immediately.
Once we have your frame, verified prescription and PD, the delivery time varies a bit. This will give you an idea:
  1.  

    Order type                                                                  Processing time (doesn’t include shipping time)

     

    Single vision glasses                                                   7-10 business days

    Non-prescription eyewear                                           1-2 business days

     

  1. Delivery Information: We’ll need your name, address, and telephone number to send you your purchase. All orders are shipped as indicated below.

     

    Delivery Time Estimates

    Destination Service Cost Time 
    USA Ground $100+ FREE 3-5 business days 
    Ground <$100 $6.99 3-5 business days
    Next Day $40 Overnight by 3:30 p.m. (order must be placed by 12 noon ET.)
    Canada UPS Expedited $65 8-10 business days
    International UPS Expedited $110 10-14 business days

      

  • Payment: After you have made your eyewear selection(s) and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
  • Taxes: Customers in the following states are required to pay sales tax on all items shipped inside the states we operate in: Michigan, Massachusetts, New York, Pennsylvania, Florida, Washington, California, Ohio, Washington, D.C., Illinois, Tennessee, South Carolina, Colorado, Wisconsin, Minnesota and Indiana.
  •  

    1. Checking Order Status: We know how exciting it can be to get a delivery, so once your eyewear is on its way to you,  we’ll send you an email confirmation with tracking information. Feel free to call us at 800-289-3937 Monday through Friday, 9 a.m. to 5 p.m. ET.  You can also email us at help@seeeyewear.com, or contact us via Twitter @seeeyewear if you would like to check the status of your order, or you just want to chat about how excited you are about your new glasses.
    2. Risk of Loss: The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
    3. Returns/Refunds: We will gladly accept all returns within fourteen (14) days of the original purchase date. Frames/sunglasses must be returned unworn, in new condition in the original packaging in order to receive the full credit. To return an order online, simply open the order, check the item you would like to return and click “Return”. You’ll complete the easy peasy return form to get a return authorization and shipping label. If you’re in our neck of the woods you’re welcome to stop in and we’ll take the return in any of our SEE stores.  

      Your refund will be credited to the original credit card. Any expedited shipping charges will not be refunded unless you were shipped defective items. Please note that your refund may not be reflected on your account for up to ten (10) business days, depending on your bank’s processing time.  If you have any questions regarding a return or refund, please contact us  at help@seeeyewear.com or call us at 800-289-3937. Online orders that redeem through the lens voucher can be returned, but only within fourteen (14) days of receipt of the complete pair.

    4. Access to your Order Information: We keep your prescription on file for some time after you order your glasses, and we make your order information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take us a day or two to retrieve older (say, dated more than two (2) years ago) prescriptions. Please keep that in mind if you need your order information by a certain day or time.

    5. Purchase Limits: We want to give all our customers an opportunity to buy our glasses. Therefore, we do not authorize the purchase of commercial quantities of our glasses, and we may place limits on purchases.  We may also, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy and any other parts of our Terms of Use.
    6. Language: Presently, our order process only supports the English language.

    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 canceled. 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.