JIMMY FAIRLY
U.S. PRIVACY POLICY
Last Updated Date: May 15, 2024
Jimmy Fairly SAS (hereinafter referred to as “Jimmy Fairly”, “us,” “we,” “our,” or “Company”) created this U.S. Privacy Policy (“Privacy Policy”) to apply solely to U.S. users of our U.S. website located at https://us.jimmyfairly.com/, and all digital assets contained or offered therein (the “Website”), and through any offline activities (collectively, our “Services”), except as described below. This Privacy Policy describes, among other things, the types of information we collect from you (a “user” or “customer”) when you use our Services, how we use it, and how you can access your information.
This Privacy Policy is integrated into and supplements our U.S. Terms & Conditions (“Terms & Conditions”).
By using the Services and providing us with your Information (defined below in Section I), you acknowledge and agree to the practices described in this Privacy Policy and the Terms & Conditions referenced above, and to the updates posted here from time to time.
This Privacy Policy does not apply to information collected by or provided in connection with an individual’s application for employment, current or former employment, or independent contractor arrangement with Jimmy Fairly.
This Privacy Policy applies to users located in the U.S. only. If you are coming to our Services from the European Union (EU)/European Economic Area (EEA) and would like to know more about how we collect, use, and process your Information, please see our Privacy Policy for Europe.
You may click on the following links to go directly to the corresponding sections of this Privacy Policy:
1. Information We Collect About You
2. How We Use Your Information
3. Links to Other Websites
4. Information Security
5. Data Retention
6. Your Choices
7. Notice of Privacy Rights for Residents of Certain U.S. States
8. Exercising Your Data Subject Rights
9. Children’s Information
10. Do Not Track Signals
11. Changes to this Privacy Policy
12. Contact Us
- INFORMATION WE COLLECT ABOUT YOU
The types of information we collect about you depends on how you interact with us and our Services.
We may collect the following categories of information about you, which are described in more detail below: (A) information you provide to us, (B) information we may automatically collect, and (C) information we may receive from third parties. To the extent that this information includes, “Personal Information,” “Personal Data,” or “Consumer Health Data,” as defined under applicable law, this information is referred to collectively as “Information.” Specifically, Information includes any information relating to an identified or identifiable natural person, who could be identified either directly or indirectly, including information that identifies the individual’s past, present, or future physical or mental health status.
- Information You Provide to Us
In using our Services, such as when you register for an account, purchase products, or communicate us, you may provide us with Information, including, without limitation:
- Individual identifiers such as your name, account username, and date of birth, online identifiers such as a social media handle, and contact information such as your mailing address, phone number, and email address;
- Health or medical information such as your glasses prescription, and physical and other characteristics such as your pupillary distance for glasses and your sex or gender identity or expression;
- Financial information such as bank account, credit card, or debit card numbers;
- Commercial information such as products or services purchased, obtained, or considered;
- Information you provide when you communicate with us, including through email, live chat, text messages, and audio phone calls (sensory data), such as your opinions, survey feedback, and promotional contest/sweepstake submissions, your user preferences (for example, when you choose to receive updates or marketing information), and any other Information that you may share with us when you contact us; and
- Additional Information you may provide for any purpose that may be described to you at the point of collection or pursuant to your consent.
Sensitive Information. Depending on your use of the Services, you may provide us with certain Information that is deemed “sensitive information” or “sensitive data” under certain laws. We may collect and process the following categories of sensitive information when you use our Services:
- Authentication data such as your account log in credentials, including unique identifiers such as username and password;
- Payment Information including debit or credit card information in combination with any required security or access code collected for purpose of processing payment for our products or Services;
- Consumer Health Data (please see Consumer Health Data below);
When required by applicable law, Jimmy Fairly will obtain consent prior to processing certain categories of sensitive Information.
Consumer Health Data. If you choose to purchase prescription glasses, we may need to collect or process Information that is deemed “Consumer Health Data” under certain laws. Specifically, we may process diagnostic or treatment information when you provide details about your glasses prescription, your treating providers, and any other information you provide to us related to medical services you receive from health care providers. This health-related information is collected directly from you when you provide it to us in electronic form on the Website by typing in your prescription details or uploading a copy of your prescription in the checkout process.
- Information We May Automatically Collect About You
We may automatically collect certain usage and technical Information about you as you navigate through our Website and use our Services. This Information is used by Jimmy Fairly for the operation of the Services, to maintain quality of the Services, and to provide general statistics regarding use of the Services. The categories of such Information may include:
- IP address, which is the number associated with the service through which you access the Internet, like your ISP (internet service provider);
- Date and time of your visit or use of our Services;
- Domain server from which you are using our Services;
- Type of computer, web browsers, search engine used, operating system, or platform you use;
- Data identifying the web pages you visited prior to and after visiting our website or use of our Services, including your search queries on the Website;
- Your movement and activity within the website, which is aggregated with other Information; and
- The type of device you use to access our Website, your operating system version, and the device identifier (or “UDID”).
- Cookies & Technologies Used to Collect Information About You
We and/or certain providers operating on our behalf may collect information about your activity, or activity on devices associated with you over time, on our Website and across non-affiliated websites or online applications. We may collect this Information by using certain technologies, such as cookies, web beacons, pixels, software developer kits, third party libraries, and other similar technologies. Third-party providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons.
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
- Web Beacons. Website pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services. These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf. Our Services use retargeting pixels from Google, Facebook, and other ad networks. We also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.
- Analytics and Fraud Detection. Analytics are tools we may use, such as Google Analytics, to help provide us with information about traffic to our website and use of our Services, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network. We may also use reCAPTCHA, a tool which utilizes advanced risk analysis techniques to distinguish humans and bots in order to helpus protect our websites from fraud, spam, and abuse. You can view Google’s Privacy Practices here: Privacy Policy – Privacy & Terms – Google.
Our use of online tracking technologies may be considered a “sale” or “sharing” under certain laws. To the extent that disclosing information to these online tracking technologies is deemed to be a “sale” or “sharing” under certain laws, you can opt out of these online tracking technologies by submitting a request via the Your Privacy Choices link or by broadcasting a Global Privacy Control (GPC) signal. Please note that some features of our Website may not be available to you as a result of these choices.
- Information We May Receive from Third Parties
We may collect additional Information about you from third-party websites, social media platforms, and/or sources providing publicly available information to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.
This Privacy Policy only applies to Information collected by our Services. We are not responsible for the privacy and security practices of other websites or social media platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, social media platform, and/or content.
- HOW WE USE YOUR INFORMATION
- Use and Purpose of Processing Your Information
We use and process your Information for things that may include, but are not limited to, the following:
- To provide you with the Services and Information you request and to process orders;
- To respond to your inquiries and questions and provide customer service;
- For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and other third parties, provided that you have not already opted-out of receiving such communications;
- To tailor promotions, contests, surveys, or other promotional offerings for you;
- To fulfill contracts we have with you;
- To manage, improve, and foster relationships with third-party service providers, including vendors, suppliers, affiliates, and business partners;
- To maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
- To comply with our Terms and Conditions;
- To compile analytics for business purposes and business intelligence;
- To comply with any applicable laws and regulations and respond to lawful requests; and/or
- For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.
We may also use Information that has been de-identified and/or aggregated for purposes not otherwise listed above.
- Disclosing Your Information
We may disclose your Information as described in this Privacy Policy in the following circumstances:
- Service Providers, Contractors, and Data Analytics Providers. We may disclose your Information to service providers, contractors, data analytics providers, and other parties that perform certain functions or services on our behalf (such as hosting the Services, managing databases, performing analyses, processing credit card payments, providing customer service, or sending communications for us). Such Information shared may include identifiers and contact information, financial information, health information, commercial information, information about internet or other network activity, geolocation data, audio data, inference data. In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.
- Disclosure of Information for Legal and Administrative Reasons. We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property, or safety of the Company and our affiliates, and any of our respective officers, directors, employees, attorneys, agents, contractors, and partners, the Website Service users, and others; (v) to enforce or apply our Terms of Use, including but not limited to for billing and collection purposes; and (vi) to verify the identity of the user of our Services.
- Business Transfers. Your Information may be transferred, sold, or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.
- Information Shared with our Affiliates. We may share your Information with our affiliates.
- Business Partners. We may share your Information with our business partners.
- Contest or Promotion Participation. If you choose to participate in a contest, promotion, or survey by voluntarily answering questions or completing a questionnaire that we offer on our Services, we may share and retain the answers and the Information contained in it for our branding, marketing, or research purposes.
- De-Identified or Aggregated Data. We may share your Information on an aggregated basis for any purpose in which your specific Information is blinded, masked, or otherwise not identifiable.
- Other. We may disclose Information consistent with this Privacy Policy to fulfill the purpose for which you provided it, for any other purpose disclosed by us at the time of collection, or with your consent.