SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at care@americaneyez.com.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. When you click on links on our store; they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics: Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
SECTION 5 - SECURITY
To protect your personal information, we take reasonable protocols and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow standard requirements and implement additional generally accepted industry standards.
SECTION 6 – COOKIE POLICY FOR AMERICANEYEZ
amaericaneyezcom website, certain information relating to navigation on your computer terminal may be stored in files called ‘Cookies’ installed on your device, subject to the choices you have expressed regarding Cookies, which you can change at any time.
A Cookie is a small text file which is stored in a dedicated area of your computer’s hard drive when you consult an online service through your browser. It allows the sender to identify the terminal wherein it is stored, for the duration of the Cookie’s validity or registration.
Cookies from partner companies (third-party Cookies) can be placed on your computer via the pages of our website or via the content broadcast within our advertising space. This space contributes to funding the content and services we offer you. Only the issuer of a Cookie is liable to read or modify the information contained therein.
The Cookies that we issue are used for the purposes described below, during the period of validity of the Cookie in question, subject to your choices resulting from the settings of your browser software when you visit our website, which you can change at any time.
The Cookies we issue allow us to:
Adapt the presentation of our Website, spaces and advertising content to your device’s display preferences (language used, screen resolution, operating system used, etc.), as appropriate, depending on the location data sent by your device with your prior permission, as well as your personal data;
Store information about the forms completed on our Website or about products, services or information chosen via our Website; manage and secure access to restricted and personal spaces;
Establish statistics and volumes related to our Website traffic and the use of its various components (sections and content consulted) in order to enhance the value and usability of our services;
The issue and use of Cookies by third parties are subject to these third parties’ privacy policies. We will inform you of the purpose of the Cookies of which we are aware and the means available for you to make choices regarding these Cookies.
(a) Social networks
We may include third-party IT applications on our website which allow you to share content from our website with others or to inform them of your inquiry or opinion regarding our website content. This is true, in particular, of the ‘Share’ and ‘Like’ buttons from social networks such as Facebook, Twitter, etc.
The social network providing these application buttons may identify you using these buttons, even if you do not use them when you visit our website. Indeed, this type of application button can allow the social network in question to track your navigation on our website if your account on this social network is enabled on your terminal (open session) at the time you visit our website.
(b) Targeted advertising Cookies issued by third parties
Our websites may contain cookies issued by third parties (advertising agencies, audience measurement companies, targeted advertising providers, etc.) allowing them, during the period of validity of such cookies, to:
– Collect navigation information relating to the terminals connecting to our websites;
– Determine advertising content likely to correspond to the centers of interest identified in relation to prior navigation via the terminal in question.
Several options are available to you for managing Cookies. Any settings you modify are likely to change your Internet browsing and your conditions for accessing certain services requiring the use of Cookies.
You can choose, at any time, to express and modify your wishes regarding Cookies, through the means described below.
The choices you are offered by your browser
You can configure your browser so that Cookies are stored on your device or, on the contrary, rejected, either systematically or depending on their issuer. You can also set your browser so that you will be offered the choice of whether to accept or reject Cookies each time a Cookie is liable to be stored on your device. For more information, see the section on ‘How to exercise your choices, depending on the browser you use’.
(a) Agreeing on Cookies
Registering a Cookie in a terminal essentially depends upon the desires of the terminal user, which can be expressed or modified at any time, free of charge, through the choices offered by the browser. If, through your browser, you accepted the registration of Cookies in your terminal, the Cookies integrated in the pages and content you view can be stored temporarily in a dedicated space on your device. They will be readable only by their issuer.
(b) How to exercise your choices, depending on the browser you use
The configuration of each browser, for the purpose of Cookie management and your choices, is different. This is described in the help menu of your browser, which allows you to find out how to change your requirements regarding Cookies.
americaneyezcom website site uses the following different types of cookies.
Your consent applies to the following domains and subdomains: www.americaneyez.com
| Cookie Name |
Provider |
Purpose |
Expiry |
| _ga |
Google Analytics |
Registers a unique ID that is used to generate statistical data on how the visitor uses the website. |
2 years |
| _gat |
Google Analytics |
Used by Google Analytics to throttle request rate |
Session |
| _gid |
Tag Manager |
Registers a unique ID that is used to generate statistical data on how the visitor uses the website. |
Session |
| Collect |
Google Analytics |
Used to send data to Google Analytics about the visitor’s device and behaviour. Tracks the visitor across devices and marketing channels. |
Session |
| _hjIncludedInSample |
Hotjar |
Determines if the user’s navigation should be registered in a certain statistical place holder. |
Session |
| ads/ga-audiences |
Google Adwords |
Used by Google AdWords to re-engage visitors that are likely to convert to customers based on the visitor’s online behaviour across websites. |
Session |
| Fr |
Facebook |
Used by Facebook to deliver a series of advertisement products such as real-time bidding from third party advertisers. |
3 Months |
| __ssid |
veinteractive.com |
Th is cookie may collect the follow in g in formation an d store it again st an anonymous user ID: Product
codes from merchant sites the visitor h as browsed and other in formation relevant to shopping behavior on main stream shopping sites. Th is in formation is used to serve targeted adverts to the visitor on anonymous basis. |
Session |
| cid |
adform.net |
Optimises ad display based on the user’s movement combined and various advertiser bids for displaying
user ads. |
2 months |
| IDE |
Google Adwords/DoubleClick |
Used by Google DoubleClick to register and report the website user’s actions after viewing or clicking one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user. |
1 Year |
SECTION 7 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at care@americaneyez.com.
MESSAGING TERMS AND CONDITIONS
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from AmericanEyez, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when joining or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. AmericanEyez reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. AmericanEyez also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. AmericanEyez, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
CANCELLATION
Reply STOP to cancel. After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that AmericanEyez and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from AmericanEyez through any other programs you have joined until you separately unsubscribe from those programs.
MOBILE PHONE NUMBER CHANGE
In the event that you change or deactivate your mobile phone number, you agree to notify AmericanEyez by emailing us at care@americaneyez.com.
PROBLEMS?
If you are experiencing any problems, please email us at care@americaneyez.com.
DISPUTE RESOLUTION
- General. In the interest of resolving disputes between you and AmericanEyez in the most expedient and cost effective manner, you and AmericanEyez agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms'') or your receipt of text messages from AmericanEyez or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from AMERICANEYEZ or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND AMERICANEYEZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or AmericanEyez to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and AmericanEyez will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AmericanEyez. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or AmericanEyez intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). AmericanEyez address for Notice is: 2400 E Katella Ave, Suite 800 Anaheim CA 92806 Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and AmericanEyez will make good faith efforts to resolve the claim directly, but if you and AmericanEyez do not reach an agreement to do so within 60 days after the Notice is received, you or AmericanEyez may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AmericanEyez must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, AmericanEyez will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AmericanEyez for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and AmericanEyez agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the preceding and upon request from you or AmericanEyez made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND AMERICANEYEZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AmericanEyez agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if AmericanEyez makes any future change to this arbitration provision, other than a change to AmericanEyez address for Notice, you may reject the change by sending us written notice within 30 days of the change to AmericanEyez’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and AmericanEyez.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
CHANGES TO MESSAGING TERMS
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
