EYECHECK.COM is an application and website owned and operated by Eyecheck LLC ("Licensor" or "us" or "we"). Licensor provides its service to you, the individual, company, or organization accessing or using EYECHECK.COM ("Website"), subject to the Terms of Use / Terms of Service ("TOS"), located at eyecheck.com, and the following Privacy Policy ("Privacy Policy"), both of which may be updated by us from time to time without notice to you.
EYECHECK.COM is a website that provides information on eye health, the macula, macular anatomy, macular health, macular diseases, macular degeneration, and related topics of interest. EYECHECK.COM may also provide you the opportunity to perform self-diagnostic testing and reporting of your eye health condition or performance to eye care providers you identify to us on EYECHECK.COM (the “Service”).
Licensor values the privacy of our users and those who visit the Website and use the Service. We think it is important for you to understand when and why we collect personally identifiable information and how we may use it. Therefore, this Privacy Policy describes Licensor’s policies and practices regarding the collection, use, and disclosure of any data, content, or information you choose to submit to us or collected through your access to or use of Licensor. In and under the terms of this Privacy Policy, "Personal Information" is personally identifying information (confidential or otherwise) about yourself that can be used to identify, or contact you as well as non-public information that is associated with or linked to a specific Licensor account but does not specifically or by itself permit the identification of an individual, such as demographic or site usage information. This Privacy Policy does not pertain to any information that is otherwise publicly available on or through Licensor.
By accessing or otherwise using Licensor, you agree to and consent to the terms and conditions of this Privacy Policy and the associated Terms of Service referenced herein. By voluntarily providing Personal Information or information of any other kind to use for the purposes of creating your user profile or account or using the Services or Website, you expressly and voluntarily consent to and accept the processing of your Personal Information according to this Privacy Policy. We strongly encourage you and all users to please read the entire Privacy Policy before providing any Personal Information or any other kind of information to us.
1. Collection and Use of Information
In general, the Personal Information and other information you provide to us is used to improve the content of Licensor, set up your user account and profile to provide you access to the Service and to offer you additional information, opportunities, and functionalities from us and our advertisers and eye care providers. You may also be asked to provide authorization for uses of personal information when you use certain tools and self-diagnostic functionality of the Website. In connection with the tools and self-diagnostic functionality of the website, Licensor will, if you so elect, provide personally identifiable health information relating to this self-diagnostic testing and tools to eye care providers you designate to us using EYECHECK.COM for follow-up care with that eye care provider. Licensor will not make any use of your personal information beyond the permitted uses in this Privacy Policy unless you provide such additional consent in connection with the specific tool at the time you submit Personal Information in order to use the tool. Licensor collects the following types of Personal Information, only if you provide this information to us voluntarily: contact information, such as your name, physical address, telephone number, country, password, user ID, or e-mail address and, if you so elect in using the self-diagnostic tools and functionality, personally identifiable health information to eye care providers you designate when using EYECHECK.COM.
Feedback: Additionally, you acknowledge that any feedback or comments you provide to us in any format becomes our property and we will collect your e-mail address, the full body and content of the e-mail, all attachments, and other information you provide. Such feedback and comments may be used and disclosed by us for any purpose, including but not limited to marketing purposes, in accordance with the TOS and Privacy Policy, without paying royalty payments or any other form of compensation to you.
E-mail Communications: As described in the TOS, we will communicate with you through e-mail, notices posted on the Licensor Website, or through any other available means through the Service, including without limitation mobile text messages. You may receive other e-mails as part of Licensor’s automatic notification system such as when other Licensor users communicate with you, post notifications, or updates. These communications involve an automatically generated e-mail and there is no option to "Unsubscribe" for any subscriber using the Service. You agree and consent to receive communications from Licensor in this electronic format and that all terms, conditions, agreements, notices, disclosures, and other various communications that Licensor provides and sends to you electronically satisfy any legal requirements that such communications would satisfy if in writing.
Advertising and Marketing: Licensor may also use your Personal Information to send you marketing materials and newsletters.
Sharing your Personally Identifiable Information with Our Business Partners. The Licensor may share Personally Identifiable Information, other than personally identifiable health information and financial account information, with our business partners in order to provide you with an opportunity to receive products or services that may be of interest to you. Legal: Other than as described in this Privacy Policy, Licensor will not disclose your Personal Information to other parties unless required to do so by law or in the good faith belief that such action is necessary to (1) conform to the edicts of the law, (2) protect and defend the rights or property of Licensor, including but not limited to, from fraud, abuse, or violations of the TOS or Privacy Policy, or (3) to protect the safety and integrity of Licensor, its users, the public, or other parties as deemed appropriate in our sole discretion.
Except as stated, Licensor does not rent, sell, or otherwise share Personal Information that we collect to third parties, unless specifically asked or authorized by you to do so.
2. How to Manage The Sharing Of Your Personally Identifiable Information.
You can manage your profile and email preferences, including opting out of Email either online or by contacting us. Additionally, if you prefer to receive mailings only from the Licensor and have your name and address removed from the list provided to our business partners, please contact us. For California residents, please consult the "Your Privacy Rights" for additional considerations.
3. California Privacy Rights
In addition to the rights as explained in this Privacy Policy, under California’s "Shine the Light" law, California residents who provide personal information (as defined in the statute) in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g. requests made in 2017 will receive information about 2016). To obtain this information please write to us at: support@eyecheck.com Attn: EYECHECK.COM LIST SALES — California Privacy Law. Please include your full name and address, if applicable.
4. Security
Although no company, including Licensor, can fully eliminate security risk to Personal Information, Licensor is and remains committed to protecting the security of your Personal Information to ensure that user account information is kept private. Licensor will take reasonable and prudent precautions pursuant to industry standards to ensure that your personally identifiable data is protected against unauthorized access, use, or disclosure. Because no internet platform is 100% secure, we cannot ensure or warrant the security, in whole or part, of any Personal Information or any other information you transmit to Licensor because there is no guarantee that this information may not be accessed, disclosed, altered, or destroyed by a breach of physical and technical safeguards and procedures. You understand and acknowledge that it remains your responsibility to protect the security of your login information, content, user account, and user profile.
Your Licensor account and Personal Information is protected by a password and user ID you create for your privacy and security. You shall maintain and are liable for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
Please note that any e-mails, messages, communication, correspondence, or instant messages with other Licensor users are not encrypted, and therefore, we strongly urge you to not communicate with any user you do not trust or know and to not transmit any confidential information through such means of communication. Please also note that we cannot be responsible for the security of information provided to us using computers and mobile and other devices which are not encrypted or are otherwise not secure.
Children under the age of eighteen (18) are not permitted to access or use Licensor. We do not intentionally collect or maintain Personal Information from individuals under the age of 18. If we unintentionally obtain actual and accurate knowledge that you or another user is under 18, we will take steps to remove the user’s Personal Information from our database, Website, and Services. By using Licensor, you agree, consent, and represent that you are able and of the legal age to form a binding legal contract in your jurisdiction.
If you do not want your Personal Information used by Licensor as provided in this Privacy Policy, you should not register as a member or for any specific tool or application that collects Personal Information. You can correct, update or review Personal Information you have previously submitted by going back to the specific tool or application, logging-in and making the desired change. You can also update any Personal Information you have submitted by contacting us using the contact information listed below. If you have registered and desire to delete any of your Personal Information you have provided to us from our systems please contact us using the contact information listed below. Upon your request, we will delete your Personal Information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the Licensor Web Sites from our servers.
5. Revisions to this Privacy Policy
Licensor reserves the right, at its sole discretion, to change, eliminate, replace, alter, or add any provisions or terms in this Privacy Policy at any time without or without notice to you. We may, though not obligated to, display a notice on the Licensor Website or notify you via electronic communication in the event there are significant or material changes in the way we treat your Personal Information or in the Privacy Policy. However, it remains your responsibility to check this Privacy Policy periodically for changes. Your continued use of the Service and Website following such changes, modifications, or suspension constitutes acceptance of any and all such changes. If you object to or are dissatisfied with any of the change made to these terms, the only available recourse to you is to immediately stop using Licensor and terminate your Licensor account. You agree that Licensor shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Service under any and all circumstances.
6. Enforcement
If you believe for any reason that Licensor has not followed these principles herein stated, please contact us at support@eyecheck.com, and Licensor will act promptly and accordingly to investigate, correct as appropriate, and advise you of the correction. Please identify the issue as a Privacy Policy concern in your communication to Licensor.
7. Contact Us
If you have any questions or concerns regarding this Privacy Policy or your access to or use of the Service, you may contact Licensor at support@eyecheck.com. We will make every effort to resolve your issues and concerns.