Introduction

This Privacy Statement ("Privacy Statement") describes how Visionworks of America, Inc. ("Visionworks", "we", "us", or "our" ) collects, uses, and discloses personal information you provide, and other information that is collected about you, when you use our website or any social media page we maintain that contains a link to this Privacy Statement (the "Site") and/or any of the services made available through the Site (we refer to the Site and the services made available through the Site collectively as the "Site Features") and/or when you visit one of our retail locations. The Site is intended to provide information and services to assist you in evaluating and shopping for various products sold by Visionworks.

This Privacy Statement does not apply to Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"). Please see our Notice of Privacy Practices for information regarding our collection and use of your PHI.

Please read the Terms of Use governing the use of the Site and the Site Features. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY STATEMENT OR OUR TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE Site or the Site Features. You should review this Privacy Statement periodically as we may update it from time to time.

Personal Information We Collect

As used in this Privacy Statement, "personal information" means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. Personal information does not include publicly available information or de-identified information.

Categories of Personal Information We Collect

We may have collected the following categories of personal information from consumers within the last twelve (12) months:

Identifiers — A real name, Internet Protocol (IP) address, email address, phone number, mailing address, or other similar identifiers.

Commercial Information — Records of products or services you have purchased from us, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or Other Electronic Network Activity — Browsing history and information regarding your interactions with the Site and Site Features.

Geolocation Information — When you allow this feature on your phone or browser settings.

Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information — Video surveillance footage for security purposes at certain Visionworks locations.

Personal Information Categories Listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)) — A name, signature, Social Security number (SSN), address, telephone number, payment information, or health or vision insurance information. Some personal information included in this category may overlap with other categories which may be considered PHI.

Protected Classification Characteristics Under California or Federal Law — Age, marital status, gender, veteran or military status.

Inferences Drawn from Information That You Provide to Us or That We Collect About You — Inferences reflecting your preferences or interaction with the Site or Site Features.

Automated data collection via Cookies and related technologies

Visionworks and our third-party partners, such as advertising partners and analytics providers, use cookies and similar tools on the Site to improve performance and enhance your user experience. We use browser session cookies, which are temporary cookies that are erased from your device's memory when you close your Internet browser or turn your computer off, and persistent cookies, which are stored on your device until they expire, unless you delete them before that time. We may also use web beacons (i.e., tracking pixels) or other similar files for the same purposes. We use the term "cookies" in this Privacy Statement to refer to cookies and similar technologies that collect information in this way.

Cookies may collect personal identifiers (such as your IP address) and Internet or other electronic network activity information, including information about your device (such as your browser characteristics, device IDs and characteristics, and operating system version) and information concerning your usage of the Site (including the link you used to reach a given webpage). We use this information to determine how many users have visited particular webpages, viewed particular videos, or opened messages or alerts, and we may also use such information to improve the performance of the Site, to improve our marketing activities, and to enforce our website Terms of Use and prevent malicious conduct.

In some cases, our third-party partners may process personal information collected by cookies and similar technologies that we permit them to use on the Site. You can manage your cookie preferences by clicking on the "Your Cookie Choices" button on the Site homepage.

How We Use Your Personal Information

We may use the personal information listed above that we collect, or that you provide, to:

  • Provide you with information you request from us and to provide you with the Site Features that you purchase from us.
  • Allow you to set up a User Account on the Site.
  • Maintain a record of your purchases in order to fulfill your order, improve our service and merchandise offerings, customize our marketing efforts, including to provide you with customized offers, promotions, and eye exam and contact lens replenishment reminders, and for internal reporting purposes.
  • Notify you about changes to our Site, the Site Features, and other product offerings.
  • Create custom alerts and notifications regarding particular products and product categories, indicating your favorite products, and searching for products on the Site.
  • Notify you of upcoming appointments.
  • Manage, operate, and improve the Site Features and grow our business, including monitoring the performance of our Site Features, understanding our customer base and the effectiveness of our marketing, events, promotional campaigns, and publications, developing new products and services, and diagnosing or fixing technology problems.
  • Comply with legal requirements; detect, investigate, and prevent activities that may violate our Terms of Use or our policies or be fraudulent or illegal; and to protect the rights of Visionworks, you, or others.
  • Provide security and access control at some of our locations through the use of surveillance cameras. Any images are not stored and are destroyed in accordance with our data retention policy.
  • Create a profile about your preferences in order to offer products and services to you and for internal business purposes.

Sources of Personal Information

Depending on the nature of your interactions with us, we may collect the categories of personal information above from the following categories of sources:

  • Directly from you when you provide it to us either on the Site or at one of our locations, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted.
  • Automatically from you when you utilize or interact with the Site or Site Features, regarding your internet connection, the equipment you use to access the Site or Site Features, and usage details. Information collected may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
  • From third parties for example, to the extent permissible under applicable law, through our third-party marketing partners which may match your name and address (if you have purchased eyewear or contact lenses through our websites or in our retail locations) to other records that the third-party has acquired from sources outside of Visionworks. Through this process, Visionworks may collect information such as your age or marital status in an effort to provide you with customized offers.

If you choose to make purchases on the Site utilizing insurance coverage, you grant Visionworks permission to contact the insurance provider, to verify your insurance coverage information, and to obtain authorization from your insurer regarding purchases made through the Site.

To Whom We Disclose Your Personal Information

We may disclose the personal information described above for our business and commercial purposes as follows:

  • Vendors and Service Providers. We may share information, including personal information, with vendors and service providers that process such information to perform services for us in connection with the Site, the Site Features, your purchases, or our other business operations. Examples of such services provided by these service providers include customer relations management, appointment reminder, and website maintenance providers.
  • Marketing Partners. We may share information in aggregated form with our marketing partners to evaluate and tailor our communications, advertisements, services, and general business practices to the needs of users of the Site and Site Features as well as visitors to our retail locations. This information may include, for example, purchasing trends and preferences of our customers.
  • Analytics Partners. As described above in our cookie disclosures, we may share certain personal information via tracking technologies on our Site with analytics partners to assist us with measuring visits and traffic so we can measure and improve the performance of the Site.
  • Advertising Partners. We may share certain personal information with advertising partners to assist us in serving advertising regarding the Site Features to others who may be interested in the Site Features, or who use cookies to display interest-based advertising to you on the Site Features, as described above in our cookie disclosures.
  • Affiliates. We may share information, including personal information, with our affiliates in the VSP group of companies and any successors thereto in the normal course of our business operations, and for business purposes such as to communicate with you, and to promote and provide our services.
  • Merger, Sale, Or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your personal information may be shared with the other parties and advisors involved under an obligation of confidentiality in connection with the negotiation of such transaction, and your personal information may be transferred as part of such a transaction (subject to compliance with applicable laws).
  • Legal and Similar Disclosures. We may share personal information with law enforcement, the courts, our advisors, attorneys, and others who participate in the legal process, if we believe doing so is required or appropriate to comply with legal requirements and law enforcement requests (such as a court order or subpoena); comply with legal process (such as discovery); or protect your, our, or others' rights, property, or safety; to enforce the Terms of Use for the Site, including any investigation of potential violations thereof; to detect, prevent, or otherwise address fraud, security, or technical issues associated with the Site Features; or to protect the rights, property, or safety of Visionworks, its employees, users of the Site Features, or others.

Communications Opt-Out

You may request to be removed from any of our email lists by clicking on an unsubscribe link provided on our emails and following the related instructions; or texting "STOP" in response to a text message.

When you provide Visionworks a phone number, we will send you transactional and healthcare related SMS messaging related to your eyecare.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 3 promotional messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to customerservice@visionworks.com

Data Transfers

Use of the Site and the Site Features are only intended for the United States market. If you provide us with your personal information, you understand that your information may be stored in the United States or other countries that may not or do not provide the same level of protection as the EU. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside and acknowledge that the protection of such information may be different than required under the laws of their residence or location.

Security

We have implemented physical, electronic, and administrative procedures to help safeguard and prevent unauthorized access, maintain data security, and correctly use the information we collect online. Please note that there is risk involved in using the internet. We therefore recommend that you use every precaution to protect your information when using the internet to access the Site of the Site Features.

Please note that the email and chat functionality provided by the Site, as well as messages you send to us by text and/or unencrypted email, are not a secure or confidential means of communication. It is possible that your email, text, or chat communication may be accessed or viewed by another internet user while in transit to us. We strongly advise you not to include personal information in an email, text, or chat or when leaving your feedback. If you wish to keep your communication private, please contact Visionworks by phone at 1-800-784-7427 for questions about the Site, Site Features or 1-800-669-1183 for questions about retail stores, and do not use the email, text, or chat functionality.

Children's Privacy — Not for Use by Children Under 16

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. While we offer products and services made for children, and we do not knowingly permit persons under the age of 18 to register or provide personal information on the Site. The provision of personal information by children on the Site is strictly prohibited. We encourage parents to supervise and participate in their children's Internet activities, and we urge children to exercise caution and consult their parents before providing any personal information on the Internet.

Third Party Websites

The Site may contain links to third-party websites. This Privacy Statement does not apply to the practices of such other websites, and we are not responsible for the actions and privacy policies of the third parties that operate or interact with those websites.

Changes to this Privacy Statement

We may change this Privacy Statement from time to time, and the revised version will be effective as of the updated "Effective Date" at the top of this Privacy Statement and will apply to personal information received after that date. If we make any material changes, we will provide notice of such changes either by notifying you of the changes by mail or email or by updating this page.

Your continued use of the Site and Site Features following the posting of a revised Privacy Statement means that you accept and agree to the changes.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Statement, please contact us by email at the following address: customerservice@visionworks.com

Supplemental Notice to California, Colorado, Connecticut, Montana, Texas, Oregon, Utah, and Virginia Residents

The laws of certain U.S. states provide their residents with certain rights to access, delete, and correct certain personal information we collect about you, as well as to restrict the use of personal information for personalized advertising, restrict the "sale" of personal information, and control our use of personal information considered sensitive. We will not discriminate against you for exercising these rights. This Supplemental Notice to California, Colorado, Connecticut, Montana, Texas, Oregon, Utah, and Virginia Residents applies only to personal information of consumers who are California, Colorado, Connecticut, Montana, Texas, Oregon, Utah, or Virginia residents, or consumers who live in another state with a comprehensive privacy law. IMPORTANT: As of January 1, 2025, residents of Delaware, Iowa, Nebraska, New Hampshire, and New Jersey will also fall into this category.

Please note, these state laws do not govern protected health information (PHI) covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For information on your rights under HIPAA, please see our Notice of Privacy Practices

Right to Know and Request Access to, Correction of, and Deletion of Personal Information

You have the right to request access to personal information collected about you in a portable format and to receive information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request we correct inaccurate personal information and to request, in certain circumstances, that we delete any that we have collected directly from you.

Right to Opt Out of Personalized Advertising and Sale to Third Parties

You have the right to opt out of the use and disclosure of your personal information for the purposes of selecting or delivering advertising based on your activity over time and across different online platforms. You also have the right to opt out of certain disclosures that are considered "sales" under applicable state laws. To exercise either of these rights, click on the "Do Not Sell or Share My Personal Information" link on our website homepage.

Except for the use of cookies and similar technologies addressed by our cookie disclosures and the "Do Not Sell or Share My Personal Information" link on our website homepage, we do not sell or share personal information, as those terms are used under the California Consumer Privacy Act, and similar state laws. Please see our Cookie Policy for information about the collection and use of personal information by third parties who process information collected by cookies and similar technologies that we permit them to use on the Sites.

Right to Limit Use of Sensitive Personal Information

You have the right to request that we limit use of your sensitive personal information to certain purposes allowed by law. Except for information collection and processing as described previously, we do not collect any "sensitive personal information" as defined by state comprehensive privacy laws.

Right to Opt Out of Automated Decision-making

Residents of Colorado, Connecticut, Montana, Texas, Oregon, and Virginia have the right to opt-out of automated processing in certain instances where such processing would produce legal or other similarly significant effects.

Right to Information Regarding Participation in Data Sharing for Financial Incentives

We may offer rewards, discounts, or other benefits to consumers enrolled in certain promotional or loyalty programs, such as a percentage off your next purchase when you sign up for our email promotions. Consumers can opt-out of individual programs in their account settings or by contacting us as indicated above. You may also submit a request that we delete your personal information as described in this Privacy Statement.

Visionworks does not generally assign monetary or other value to consumers' personal information, and our promotions activity changes continually. To the extent California law requires that a value be assigned to such programs, or the price or service differences they involve, Visionworks values them as being equal to the value of the discounts or other financial incentives provided in each such program. Such calculation is based upon a practical and good-faith effort to assess, on an aggregate basis for all collected information: (1) the data elements collected (e.g., email address), (2) the use of such information by Visionworks in connection with its marketing activities, (3) the range of discounts provided (which can depend on each consumer's purchases under such offers), (4) the number of consumers enrolled in respective programs, and (5) the product or service to which the benefits (such as price difference) applies. These values can change over time.

Right to Request Further Review

If you are a resident of Colorado, Connecticut, Montana, Texas, Oregon, or Virginia: if we deny your request, you have the right to appeal our decision. As of January 1, 2025, residents of Delaware, Iowa, Nebraska, New Hampshire, and New Jersey also have the right to appeal. You can request further review by emailing us at privacy@visionworks.com or calling 1-800-669-1183

Exercise Your Rights or Connect With Us

Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child.

Please be aware that we cannot respond to your request or the request of your authorized agent if we cannot verify your identity or your agent's authority to make the request, or if we are not able to confirm that the personal information relates to you. We will only use the information you provide us in your request to verify your identity or your agent's authority to make the request.

Consumers may use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the consumer's written permission (for example, a power of attorney) that demonstrates authorization to submit a request for the consumer. An authorized agent must follow the process described below to make a request, and we will also (a) require the authorized agent to verify the agent's own identity and (b) confirm the agent's authority with the consumer about whom the request was made.

The request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, or an authorized representative. In order to process and verify your request, we may ask you to provide personal identifiers we can match against information we may have collected from you previously and confirm your request using the email account stated in the request.
  • Describe your request with sufficient detail that allows us to understand, evaluate, and respond to it.

Making a request does not require you to create an account with us. To exercise any of the rights as described in this Supplemental Notice section of the Privacy Statement, please call us at 1-800-669-1183 and choose Option 4, or email us at privacy@visionworks.com and put the name of the applicable state in the subject line. In most cases, you will be required to provide your name and email address so that we can verify your request, and in some cases additional information may be required. Except as described in this Privacy Statement or provided for under applicable privacy laws, there is no charge for a consumer to exercise their legal rights unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We will endeavor to respond to your Consumer rights request within forty-five (45) days of receipt of the request. If we require more time, we will inform you of the reason and extension period in writing, not to exceed an additional forty-five (45) days. We will deliver our written response either by mail or electronically, at your option. If we have a reason under the law not to comply with your request, or to comply with it in a more limited way than you anticipated, we will explain that to you in our response.

To opt out of certain disclosures that are considered "sales" or "sharing" under applicable state laws, please click on the "Do Not Sell or Share My Personal Information" link on our Website homepage.

Retention of Personal Information

We use the following criteria to determine the length of time for which we retain personal information subject to this Privacy Statement:

  • The purposes for which the personal information is used, and the length of time for which such information is required to achieve those purposes, including for business operations, security purposes, and legal requirements.
  • Whether we are required to retain the category of personal information in order to: (i) comply with legal or contractual obligations; (ii) assert or defend against potential legal claims or as necessary to investigate theft, fraud, or other activities that are potentially (a) in violation of our policies and procedures applicable to you, or (b) a violation of the law; (iii) ensure a secure online environment; and/or (iv) protect health and safety.
  • The privacy impact on the consumer of ongoing retention.
  • The manner in which the personal information is maintained and flows through our systems and how best to manage the lifecycle of such information in light of the volume and complexity of the systems in our infrastructure and the need to maintain high integrity and availability within our systems.

CA Shine the Light

California's "Shine the Light" law (California Civil Code Section § 1798.83) permits California residents to request certain details about how certain types of their information are shared with third parties for those third parties' own direct marketing purposes. If you are a California resident, you may opt-out of such sharing by emailing us at customerservice@visionworks.com and putting "California Shine the Light Request" in the subject line.