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2017 FrameGenie Privacy Policy

Date: January 4, 2017

During registration, and if you want to place an order, you are required to give contact information (such as name and email address), credit information for charges and related data. Your Personally Identifying information differs from your ‘Traffic Data’, in that there is no personal information contained in Traffic Data. We use this information to contact you about the services on our site in which you have expressed interest.

1. INTRODUCTION: FrameGenie, LLC. ("us”, “we," or "Company") is committed to quality products and respecting YOUR privacy rights as its customer, as well as the rights of visitors, and other users of the Company Website, www.framegenie.com (and other URLs) ("the Site"). We created this Website Privacy Policy ("Privacy Policy") to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

2. Information Collection Practices

2.1. Types of Information Collected

(a) Traffic and Demographic Data Collected: We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; (5) 'Referrer' data reflecting the route by which you came to the Website (collectively "Traffic Data"?) (6) Demographic Data regarding your anonymous location, status, and other non-identifying data. Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We use a third-party services (currently, Google Analytics, and others such as various Social Networks including but not limited to, Twitter and Facebook) to collect aggregate data about site use. This service uses cookies to collect anonymous traffic data in order to improve the quality of our services. Social Networks may send email follow-up messages.

(b) Personal Information Collected: In order for you to access certain premium, services and to purchase products, including eyeglasses and related products that we offer via the Site, we require you to provide us with certain information that personally identifies you ("Personal Information"?). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your account or credit card number); (3) Address Data (such as your address for shipping zip code); (4) Rx and Prescription Data and measurements regarding your eyes, vision, vision health, and needs for eyeglasses and potentially, (5) your uploaded photograph(s), and (6) Information and submittals contained in a Contest Entry. If you communicate with us by e-mail, or otherwise complete online forms, surveys, or provide other information, any information provided in such communication may be collected as Personal Information. If you add frames to the Wishlist Section, place orders, or visit web site pages, these data are collected as Web Traffic and Demographic Data that may be transmitted to third parties for analysis. This information is saved in the Customer’s personal password-protected Account for future use. You may request for this information to be deleted by contacting customerservice@framegenie.com.

2.2. Uses of Information Collected

(a) COMPANY USE OF INFORMATION: We use Contact Data to send you information about our company or our products or services, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences, to be sure you receive the correct order and to ship your order to you, with follow-up emails to secure your satisfaction and feedback and Social Network opportunities to keep in touch and follow the Company’s progress, sales items and other information. We use your Rx and Prescription Data to make your eyeglasses.

(b) Sharing of Personal Information: We share certain categories of information we collect from you in the ways described in this Privacy Policy.

(c) We NEVER share your information with any third party that is not necessary to process and fulfill your order and for surveys and social network data. 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.

(d) We also share Contact Data and Financial Data with our business partners who assist us by performing core services that are necessary to processing, making, fulfilling and shipping your order to you (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site and to follow-up to your orders. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to our Company. If you do not want us to share your Contact Data with any third parties, please email us at customerservice@framegenie.com but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Site and you cannot place orders if we do not have your Personal Information, just like a regular store. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Section 3.1, below. Of course if we are ever ordered for any reason by a Court or Governmental Agency to disclose any Data or Information, it is possible that some of your Personal Data might be visible to government inspectors and laboratories.

(e) Our Sensitive Information Principle: For sensitive information including your personal information specifying medical or health conditions. FRAMEGENIE will always treat as sensitive any information received from you or any third party where the third party treats and identifies it as sensitive. We only share your Rx and Prescription Data with our own direct factories that make your lenses and assemble your order, with customer service telephone assistants customer service reps, and with no others.

(f) User Choice Regarding Collection, Use, and Distribution of Personal Information: You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information, including, but not limited to, being able to order eyeglasses, make a purchase of any accessory or item sold from this Site or establish an account.

(g) FrameGenie respects your privacy. It understands that your personal health information is very sensitive, is legally privileged and will not be disclosed by FrameGenie or any authorized recipient unless the law requires it to.

FrameGenie does not perform eye refractions or eye examinations. It instead engages a third party to perform those services. You therefore authorize FrameGenie to share your personal health information with that third party. You also authorize that third party to provide FrameGenie with your prescription, information regarding the status of your eye examination, and other related or similar information.

Any eye exam that you receive from a third party that FrameGenie engages is not a replacement for a comprehensive eye health examination. Such third party uses on-line technology to evaluate a patient's visual acuity and a portion of the ocular health profile, diagnose refractive error, and issue a prescription for corrective eyewear where clinically appropriate. All tests are conducted and all prescriptions are issued based on the independent clinical judgement of a licensed ophthalmologist or a licensed optometrist. Because the services are not a replacement for a comprehensive eye health examination, we encourage everyone to obtain a comprehensive eye health exam at least once every year.

3. Confidentiality and Security of Personal Information: Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Service. Your Personal Information is stored on secure servers that are not accessible by third parties. We use SSL security for all our ordering information. We are an Authorized Merchant by Authoirize.net.

3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION: We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may visit your personal profile at www.framegenie.com. Through your personal profile you may review and update your Personal Information that we have already collected. You may request that your account be deleted via an email to: customerservice@framegenie.com.

3.2. Lost or Stolen Information: You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that user name, or password from your account and update our records accordingly.

3.3. PUBLIC INFORMATION: The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

4. Updates and Changes to Privacy Policy: We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.

5. DISPUTE RESOLUTION MECHANISM: If you have a dispute with this Policy or want to make a claim, first please email us at customerservice@framegenie.com or call us at (877) 953-0505 and we agree to handle our dispute in arbitration at West Palm Beach, Florida. By using this web site you agree to use this mechanism. (See our Terms of Use).

6. SOCIAL MEDIA GUIDELINES: We're excited that you've joined us on Social Media, and we know you've got plenty to say. While you're with us, we hope you'll take a moment to read the following guidelines we ask you to follow when contributing to our Social Media pages:

  • Don't do anything that breaks the law.
  • Be polite and courteous, even if you disagree. Excessive name calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language or the like, will not be tolerated.
  • Stay on topic. Keep the conversation relevant to the community and contribute to the dialogue. We reserve the right to remove content that is off-topic, out of context, spam, promotional or links to third party sites.
  • Keep it real. All wall postings should come from a real person and Facebook profile. Postings from fake or anonymous profiles will be deleted when discovered.
  • There is a place for customer service-related questions, complaints, concerns or ideas from customers. If you are a customer and have a customer service comment, complaint, concern or idea, we encourage you to give us a call at toll-free number (877) 953-0505, or email or customer service team directly over customerservice@framegenie.com to ensure that we can respond in a timely manner.
  • We reserve the right to remove content posted to FrameGenie social media pages that violates these guidelines.

7. SUBMITTED CONTENT: This Site may provide you the opportunity to participate in social networking and other communication functionality and may provide you with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to FrameGenie on this Site or linked third party sites, including, without limitation, photographs, writings, music, video, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”). Except as otherwise described in this Site’s Privacy Policy at https://www.framegenie.com/privacy-policy/, you agree that your User Content will be treated as non-confidential and nonproprietary and will not be returned. You agree that you either: (i) own the rights to any User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant FrameGenie these licenses. Upon FrameGenie’s request, you will furnish FrameGenie any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to FrameGenie or a linked site.

You grant to FrameGenie the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed to advertise, market and promote the same. You further agree that FrameGenie is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or FrameGenie, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content without remuneration of any kind. You further perpetually and irrevocably grant FrameGenie the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or remuneration to you. You also grant to FrameGenie the right to sub-license and authorize others to exercise any of the rights granted to FrameGenie under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to FrameGenie under these Terms. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

Of course, you are not to transmit to this Site any material which is unlawful, threatening, violent, abusive, degrading, defamatory, libelous, deceptive, fraudulent, that harasses, or which may give rise to civil or criminal liability, infringe a third party’s intellectual property rights, or otherwise violate any law or regulation. Even though we may monitor and review transmissions, FrameGenie assumes no responsibility or liability which may arise from User Content, including, but not limited to, claims for defamation, libel, slander, infringement of intellectual property, obscenity, pornography, profanity or misrepresentation.

8. DISCLOSURE REGARDING GOOGLE DISPLAY ADVERTISING: FrameGenie implemented Google Analytics that uses certain tracking features for Google Display Network. You can opt-out of Google Analytics for Display Advertising to prevent your data from being used by Google Analytics by going to the Google Analytics opt-out page.

We, along with third-party vendors (including Google), use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookies) to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website. You can read more about the cookies used by Google Analytics advertising features, by going to the Google Analytics Privacy Policy page.

This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Stanton Optical website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

© 2017 FrameGenie, LLC

This Site may provide you the opportunity to participate in social networking and other communication functionality and may provide you with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to FrameGenie on this Site or linked third party sites, including, without limitation, photographs, writings, music, video, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”). Except as otherwise described in this Site’s Privacy Policy at https://www.framegenie.com/privacy-policy/, you agree that your User Content will be treated as non-confidential and nonproprietary and will not be returned. You agree that you either: (i) own the rights to any User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant FrameGenie these licenses. Upon FrameGenie’s request, you will furnish FrameGenie any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to FrameGenie or a linked site.

You grant to FrameGenie the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed to advertise, market and promote the same. You further agree that FrameGenie is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or FrameGenie, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content without remuneration of any kind. You further perpetually and irrevocably grant FrameGenie the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or remuneration to you. You also grant to FrameGenie the right to sub-license and authorize others to exercise any of the rights granted to FrameGenie under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to FrameGenie under these Terms. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

Of course, you are not to transmit to this Site any material which is unlawful, threatening, violent, abusive, degrading, defamatory, libelous, deceptive, fraudulent, that harasses, or which may give rise to civil or criminal liability, infringe a third party’s intellectual property rights, or otherwise violate any law or regulation. Even though we may monitor and review transmissions, FrameGenie assumes no responsibility or liability which may arise from User Content, including, but not limited to, claims for defamation, libel, slander, infringement of intellectual property, obscenity, pornography, profanity or misrepresentation.