EYESAFE INC. TERMS OF USE

(Eff. 02.22.2021)

Thank you for visiting this website. We at Eyesafe Inc. (hereinafter “Eyesafe”) want this to be a positive experience for you and others. For that reason, we have put in place the following terms of use for this website. Your access and use of this website is subject to the terms below. We hope you enjoy the content you find here. If you have questions or comments, you can contact us at the email address or mailing address found at the end of these terms.

1. Overview of our Terms of Use

These Terms of Use (“Terms”) govern the use of our website eyesafe.com and (the “Site”), as well as other website content, social media content channels, products, goods, services, promotions, software, technology and any other materials that we may provide through the Site, as well as other services that link to, or contain references to, this document and are published or made available by Eyesafe Inc. (“Eyesafe”, “we”, “us” or “our”) and our affiliates as applicable (all of the foregoing collectively referenced hereinafter as “Services”). Please read these Terms carefully. These Terms do not govern sites, applications, destinations, or services linked to from the Site or Services that we do not own or control.

You can access the Terms any time in the footer of the Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Services you are using. BY ACCESSING, VISITING OR USING THE SITE OR SERVICES, YOU CONSENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF THE SITE AND ANY OTHER OF THE SERVICES GOVERNED BY THESE TERMS. WE ADVISE THAT YOU PRINT OR RETAIN A DIGITAL COPY A COPY OF THESE TERMS FOR FUTURE REFERENCE.

In addition to reviewing the Terms, please also review our Privacy Notice (“Privacy Notice”), Health Disclaimer, and any other terms and conditions that may be posted elsewhere in the Site or otherwise communicated to our users through the Site or Services, because the Privacy Notice and all such other terms and conditions are also part of the Agreement between you and us.

Additional terms will apply to any transactions you make through our Site or Services, and such will be provided during the specific process (for example, if you purchase products or services for sale on the Site). Those terms may vary from the Terms provided herein.

IF YOU ARE UNDER 16 YEARS OF AGE, YOU MUST ACCESS AND/OR USE THE SITE AND/OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

2. Changes to These Terms

We may in our sole and absolute discretion change these Terms or our Privacy Notice from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Services. By continuing to use our Site or any other of our Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

3. Eyesafe Intellectual Property; Limited License to the Services

Our Site, Services, products, information and other content (“Eyesafe Works”) are intellectual property owned by Eyesafe and are protected by the copyright laws of the United States and other countries. These Eyesafe Works are provided to you under license pursuant to the following terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Eyesafe Works other than the rights licensed to you by the terms below.
For any Services that enable you to access, view, download, share or use in any other fashion the Eyesafe Works only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Eyesafe Works FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. None of these Eyesafe Works may be copied, shared, or distributed at any time except as expressly provided on the Site or Services (for example, permissible downloading or sharing of any informational materials).
Any use of the Site, Services and Eyesafe Works other than as specifically authorized by these terms, without our prior written permission is strictly prohibited and will automatically terminate the license granted herein without any further action by Eyesafe. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time.

4. Trademark Notices

The trademark EYESAFE, the Eyesafe logo, and other website marks, graphics, logos, designs, page headers, button icons, scripts and service names that we use are trademarks or trade dress of Eyesafe in the U.S. and/or other countries. Eyesafe’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eyesafe. All other trademarks and logos on our Site or other of our Services are the property of their respective owners.

5. Account Access; Passwords

Upon account sign-up, you will be able to purchase Eyesafe products. If you register with any Eyesafe Services, you will be required to choose a password and email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to take all actions possible to protect your username and password from fraudulent use. You agree to (a) immediately notify Eyesafe of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Eyesafe reserves the right to cancel any Eyesafe account it believes has been compromised, or is being used fraudulently, at its own discretion.

In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. Eyesafe cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

6. User Conduct

You may only use the Site and other Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Services. In using any Services, and in particular, our Site, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

i. copy, reproduce, or improperly use or access any content you access or obtain from the Site or the Services;

ii. modify, distribute, re-post or sell any content you access or obtain from the Site or the Services except as permitted on the Site or Services;

iii. circumvent or disable any content protection system or digital rights management technology used with any Services;

iv. decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form;

v. remove identification, copyright or other proprietary notices in or on the Services

vi. use the content on our Site for any commercial exploitation whatsoever.

vii. disrupt or interfere with the security of, or otherwise abuse, our Site, or any of our Services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;

viii. access content, data or portions of our Site that are not intended for you, or log onto a server or account that you are not authorized to access;

ix. attempt to probe, scan, or test the vulnerability of the Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

x. access any Services or our website through any automated means, such as “robots,” “spiders,” or “offline readers”;

xi. interfere or attempt to interfere with the use of our website or applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;

xii. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our website;

xiii. send automated queries of any sort to our Site, including meta-searching and “offline” searches of our Site;

xiv. harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our website or affiliated or linked sites;

xv. post or submit any content or other data that is libelous, defamatory, threatening, obscene, invasive of privacy, abusive, illegal, objectionable, fraudulent or will otherwise violate the rights of third parties;

xvi. upload, post, or otherwise transmit through or on our Site any viruses or other harmful, disruptive, or destructive files;

xvii. use, frame, or utilize framing techniques to enclose any Eyesafe trademark, logo, or other proprietary information (including the images found at our website, the content of any text, or the layout/design of any page or form contained on a page) without Eyesafe’s express written consent;
xviii. use meta tags or any other “hidden text” utilizing an Eyesafe name, trademark, or product name without Eyesafe’s express written consent;

xix. deep link to our Site without Eyesafe’s express written consent;

xx. create or use a false identity on our Site, share your account information, or allow any person besides yourself to use your account to access our Site (except as permitted in on the Site);

xxi. harvest or otherwise collect information about Eyesafe users, including email addresses and phone numbers;

xxii. download, “rip,” or otherwise attempt to obtain unauthorized access to any Services, content or other materials; and

xxiii. post any copyrighted material unless the copyright is owned by you or unless you have an express license from the copyright owner permitting such posting.

7. User-Generated Content; Content License

Certain areas of the Site may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content (“User-Generated Content”). You agree that all of your User-Generated Content will comply with the requirements of this Agreement. You acknowledge and agree that User-Generated Content and any and all liability arising from User-Generated Content are the sole responsibility of the user who posted the content, and not Eyesafe. In addition, you understand that by using the Eyesafe Services, you may be exposed to User-Generated Content that may be personally sensitive in nature. While Eyesafe attempts to maintain a respectful online community, it does not guarantee the accuracy, integrity or quality of any User-Generated Content. Under no circumstances will Eyesafe be liable in any way for any User-Generated Content, including, but not limited to, for any errors, omissions or misrepresentations in any User-Generated Content, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any User-Generated Content.

If you do choose to post content on our Site, please do not do so unless you understand that your User-Generated Content is intended to be made available publicly. You should not assume that you are anonymous online and cannot be identified by your User-Generated Content.

When, as applicable, you provide User-Generated Content to Eyesafe through the Services, or grant Eyesafe the ability to access your User-Generated Content on third party sites, you grant Eyesafe a non-exclusive, worldwide, royalty-free, sub-licensable, transferable and perpetual right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such User-Generated Content. The rights you grant in this license are for the limited purposes of allowing Eyesafe to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to “creat[ing] derivative works” is not intended to give Eyesafe a right to make substantive editorial changes or derivations, but does, for example, enable reblogging or reposting, which allows Eyesafe subscribers or Eyesafe to redistribute User-Generated Content in a manner that allows them to add their own text or other content before or after your User-Generated Content (such as comments).

You also agree that this license includes the right for Eyesafe to make all publicly-posted User-Generated Content available to third parties selected by Eyesafe, so that those third parties can syndicate and/or analyze such User-Generated Content on other media and services. In addition, you grant Eyesafe and our afﬁliates the right to use the name you submit in connection with Your User-Generated Content if we so choose.

Note also that this license to your User-Generated Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Eyesafe’s Services – when you post something publicly, others may choose to comment on it, making your User-Generated Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all User-Generated Content you transfer to us.

8. Modifications to Eyesafe Services

Eyesafe reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Eyesafe Services (or any part thereof) with or without notice. You agree that Eyesafe will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Eyesafe Services.

9. Termination of Your Access to Eyesafe Services

You agree that Eyesafe, in its sole discretion, may terminate your access to any of the Eyesafe Services, and/or remove, discard or modify any User-Generated Content within the Service, for any reason, including, without limitation, for lack of use or if Eyesafe believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Eyesafe Services may be affected without prior notice and acknowledge and agree that Eyesafe may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Eyesafe Services. If you use the Site in violation of these Terms, Eyesafe may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Eyesafe shall not be liable to you or any third party for the discontinuation or termination of your access to the Eyesafe Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

10. Third Party Links and Services

Our Site and Services may contain links to other websites or services. We may also feature goods and services of third parties on one or more of our social media feeds or channels. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Further, your dealings with any third parties found on or through the Site or Services, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, including privacy terms, are solely between you and the third party. You agree that Eyesafe will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, through the Site or Services.

11. Privacy Notice

As noted elsewhere herein, the data that we obtain from you through your use of any of the Services, is subject to our Privacy Notice. The Privacy Notice can be viewed on our Privacy Notice page. The Privacy Notice contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Notice before you use the Services. If you are unwilling to accept the terms and conditions of the Privacy Notice, please do not use our Services.

12. Releases

You hereby release and discharge Eyesafe and any affiliates (the “Eyesafe Affiliates”) from any and all claims, suits, rights of action, losses, charges, damages, demands, debts, or causes of action, in law or in equity, that you have, or may come to have, against Eyesafe and/or the Eyesafe Affiliates, arising out of, or relating to, your use of the Services. You understand and agree that this Release is a condition precedent to your access to the Services. You acknowledge that you are aware of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party] .” Nonetheless, it is your intent to release Eyesafe and the Eyesafe Affiliates, fully and finally. You hereby waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against Eyesafe and the Eyesafe Affiliates, or any of them, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.

13. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT EYESAFE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA USE,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN OUR SITE OR OTHER SERVICES, (5) RELIANCE ON CONTENT OR USER-GENERATED CONTENT OR POSTINGS ON OR IN OUR SITE OR SERVICES, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT EYESAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL EYESAFE’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend and hold harmless, Eyesafe and Eyesafe Afﬁliates, our ofﬁcers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation or breach of these Terms of Use. If you cause a technical disruption of any of our Services, or the Site or the systems that the Services or Site are hosted on, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

15. International Users

Our website is controlled, operated, and administered by Eyesafe from its offices within the United States of America. We recognize that it is possible for you to obtain access to the Services and Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Services and Site have been designed to comply with the laws of the State of Minnesota and of the United States. Eyesafe makes no representation or warranty that the materials contained within our website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the website are illegal is prohibited.

By accessing or otherwise using the Site and Services, you represent and warrant that: (a) your access to and use of the Services, or any content or software therein, will comply with any and all requirements in these Terms; (b) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any of our Site or Services.
Privacy provisions applicable to persons in the EU, California, Australia and other places may be found in our Privacy Notice.

16. DMCA Copyright Policy

Eyesafe respects the intellectual property rights of others, and we require users of our Site and Service to do the same. Site and Service users remain the original copyright owner in all content provided on the community. Use of the material in a manner that is inconsistent with the terms and conditions set forth herein is strictly prohibited.
Eyesafe has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C § 512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this policy.

If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Eyesafe’s Copyright Agent:
• Information reasonably sufficient for Eyesafe to contact you: name, address, phone and e-mail address (if available);
• A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
• Information reasonably sufficient to permit Eyesafe to locate your work on the site;
• A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
• A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Eyesafe by mail or email as set forth below:
email: [email protected]

Mailing Address: Eyesafe Inc.
Attn: Copyright Agent
10925 Valley View Rd #100
Eden Prairie, MN 55344

17. Governing Law; Dispute Resolution

As the Services and Site are controlled by Eyesafe from Minnesota, you agree that Minnesota and U.S. law will apply regardless of your residence or the location where you use the Site and Services. In the event of any controversy or claim arising out of or relating to these Terms or the breach thereof (“Dispute”), the Parties agree to negotiate for a period of thirty (30) days following a party’s notice of such Dispute. In the event that negotiation does not resolve the Dispute, the Parties agree that such Dispute shall be settled by arbitration in Hennepin County, MN before a single arbitrator knowledgeable in commercial contracts and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

18. Limitation of Actions Brought Against Eyesafe

You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Eyesafe to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to the Site, Services or these Terms, you may contact a representative of Eyesafe at:

Email: [email protected]
Mail: Eyesafe Inc.
10925 Valley View Rd #100
Eden Prairie, MN 55344

EYESAFE INC.

Privacy Notice

(Effective: 02.22.2021)

OUR COMMITMENT TO YOUR PRIVACY

Eyesafe Inc. (“Eyesafe”, “we”, “our” or “us”) promotes eye health and sells products which limit exposure to harmful blue light through its social media feeds and website. We recognize the importance of data privacy and security. Privacy is a matter of trust, and we are committed to managing personal data lawfully, fairly and transparently. We want our website users, visitors, current and prospective clients, job seekers, employees and other business partners (collectively, “you” or “your”) to understand the ways we collect, use and share personal data about you.

This Privacy Notice (“Privacy Notice”) governs the use of our website, eyesafe.com (“the Site”), applications, social media channels, other website content, streaming services, products, goods, services, promotions, software, technology and any other materials that we may provide (“Services”) and other services that link to, or contain references to, this document and are published or made available by Eyesafe and its affiliates as applicable (“we”, “us” or “our”). “Services” as used hereinafter shall include the Site. “Products” as used herein means any products or services we offer for purchase through the Site.

This Privacy Notice describes the following topics:

The types of data that we collect
Ways we collect your personal data
Ways we use your personal data
Ways we share your personal data
Ways we retain and safeguard your personal data
Your rights and choices about how we collect, use and share your personal data

You can access this Privacy Notice any time in the footer of the Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Site you are using. BY PURCHASING A PRODUCT OR SERVICE FROM US, REGISTERING FOR ANY ASPECT OF THE SITE, OR OTHERWISE ACCESSING, VISITING OR USING THE SITE, YOU CONSENT TO THIS PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY NOTICE, YOU SHOULD NOT ACCESS, VISIT AND/OR USE THE SITE OR SERVICES. WE ADVISE THAT YOU PRINT OR RETAIN A DIGITAL COPY A COPY OF THIS PRIVACY NOTICE FOR FUTURE REFERENCE.

In addition to reviewing this Privacy Notice, please also review our Terms of Use and any other terms and conditions that may be posted elsewhere in the Site or otherwise communicated to our users, because the Terms of Use and all such terms and conditions are also part of the Agreement between you and us.

THE TYPES OF DATA ACQUIRED ABOUT YOU

Personally Identifiable Information (PII).

“Personally Identifiable Information” that alone or in combination with other information or in certain contexts can be used to identify, distinguish or trace you or the device(s) (collectively, “Device”) used to access the Site is referred to in this document as “PII”. PII, together with all other information about you and/or your Device(s) that we acquire is referred to collectively as your “personal data.” “Content” as used herein refers generally to any type of information, including text, images, video, whether sourced from you, us or third parties.

We acquire PII that may include, in certain contexts, your name, postal address, zip code, email address, telephone number. We also acquire your IP address, User ID, and/or Device ID, which certain jurisdictions consider to be PII because it could be used to identify an individual or Device if it were combined with other identifying information.

Sensitive PII

In certain circumstances, such as when purchasing a Product, you may provide a credit, debit, or payment account number, or other payment information which we recognize as more sensitive than other PII. We generally do not request on or through the Site other Data that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), personal health information, or government issued identification numbers (e.g., social security number, drivers’ license number, or passport number), However, we will collect such Sensitive PII when necessary to offer you certain services or if you offer contractor services to, or apply for a job with, Eyesafe and/or receive an offer of employment.

Anonymous Data

Some of the personal data that we acquire cannot identify, distinguish or trace you or your Device, even if combined with other identifying information, and some Personal Data that could be considered PII when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your Device, but is instead used in an anonymous way, often aggregated with other anonymous Personal Data about other users.

WAYS WE COLLECT YOUR PERSONAL DATA

In General

We collect only personal data that you provide to us voluntarily, and where applicable, with your consent. Eyesafe takes measures to ensure that we collect personal data for specified, explicit and legitimate reasons only — namely, to provide products and services to you and meet our legal obligations. We also take steps to limit the personal data we collect to only the minimum necessary to carry out our business objectives.

We may collect your personal data when you:

Contact us by phone or online;
Create a user account;
Purchase an item on the Site;
Interact with our social media pages (such as Instagram, Facebook, Twitter or LinkedIn);
Sign up for our newsletters or alerts;
View our Eyesafe content or products;
Purchase a Product;
Attend an event that we may host;
When you apply for a job with Eyesafe; and/or
Communicate with us via email or other channels, such as our Contact Us form.

In these instances, we may collect personal data such as: your name, email address, postal address, and phone number. If you purchase an item through the Site or through Eyesafe, we will collect the information necessary to complete that transaction, such as, your name, email address, residential address, and payment information.

Log Files

We may use log files to record data about each users’ visit to our Site. When you visit the Site, we may collect the IP (Internet Protocol) address connected to your computer (or the proxy server you use to access the World Wide Web), your computer operating system, the type of browser you are using, mobile device operating system (if you are accessing the Site using a mobile device), as well as the name of your ISP (Internet Service Provider) or your mobile carrier. We may use this information to analyze overall trends to help improve the Site. We do not share log data with third-parties unless required by law to do so.

Data Acquired Elsewhere.

We may also acquire your personal data offline or otherwise outside of the Site. For example, we may purchase or otherwise acquire such personal data from third party data suppliers. We reserve the right to merge or co-mingle this other personal data with your personal data collected on or through the Site.

Social Network Integration.

If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with the Site, we may receive your personal data that has been made available to those services, including information about your contacts on those services. For example, some social networking services allow you to push Content from our Site to your contacts or to pull information about your contacts so you can connect with them on or through our Site. Some social networking services also will facilitate your registration for our Site or enhance or personalize your experience on our Site. Your decision to use a social networking service in connection with our Site is voluntary. However, you should make sure you are comfortable with your personal data the third party social networking services may make available us by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services. We reserve the right to use, transfer, assign, sell, share, and provide access to all of your personal data that we receive through third-party social networking services in the same ways as all of your personal data we receive through our Site (as described below).

Cookies and Similar Tracking Technologies

Use of Cookies on the Site

Eyesafe may use “cookies,” or small text files, to collect data about Site usage and trends, to improve the quality of the Site, and to customize your experience on the Site. We may save one or more cookies on your computer. You can remove or block cookies using the settings in your browser, but in some cases doing so may impact your ability to use the Site.

We may use another type of cookie, called a “session” cookie to collect data about your visit to the Site. Session cookies used by the Site expire after you close your web browser.

Use of Third-Party Cookies and Other Tracking Technologies on the Site

Eyesafe may use Google Maps™ mapping service, Google Analytics, or any other analytics service provider to optimize the Site’s service and experience. Google Maps, Google Analytics, or any other analytics service provider may use cookies, tags, or other technologies to collect data about a user’s behavior and their mobile devices. We do not use Google Maps mapping service to collect or process data that uniquely identifies an individual except as needed to offer products and services to you, including the hosting of your life tribute content. Refer to the Google Privacy Policy for more information on Google Maps and Google Analytics services. Refer to the terms and conditions and privacy policy of any other analytics service provider for more information.

Use of Beacons for Email Marketing

Eyesafe may use “beacons” (which are like cookies) in email marketing communications with our clients and other stakeholders to collect data about recipients’ actions (e.g., the number of recipients who open the message or click on a link in the message) such as email marketing communications.

Notice and Consent for Use of Cookies

In accordance with the EU General Data Protection Regulation (see below), Eyesafe may provide you clear and conspicuous notice that summarizes our use of cookies, seeks your consent for the use of such cookies, and outlines the ways you can control such cookies when visiting the Site. If no such notice presents itself to users who visit our Site, this means that Eyesafe does not implement cookies.

Your Consent to Our Collection of Your Personal Data

By using this Site or otherwise digitally communicating with Eyesafe, you consent to our collection of your personal data for our legitimate business uses. If you do not consent to such collection of your personal data, please do not digitally communicate with Eyesafe.

WAYS WE USE YOUR PERSONAL DATA

In General

Eyesafe may use your personal data for our legitimate business purposes. In particular, we may use your personal data to communicate with you and provide you our products and services. For example, we may use your personal data for the following reasons:

Send you newsworthy updates
Send you invitations to events
Answer questions you submit to us
Administer our business processes
Comply with our legal and contractual obligations

If you apply for a job or contractor position with Eyesafe, we may also use your personal data to process your application, conduct background screening, or check references. Once hired, we may use your personal data to facilitate payment (and benefits, as applicable).

Opting-Out of Uses of Your Personal Data

If you wish to request that Eyesafe refrain from using your personal data in the ways described herein, please submit your request to Eyesafe by using the information in the How to Contact Us section below. This may necessitate disabling or deletion of your account or account data.

WAYS WE SHARE YOUR PERSONAL DATA

In General

The purpose of Eyesafe is to promote eye health, provide information in the field of eye health, and sell Products. We help connect sellers and buyers for purchase transactions. In the context of the uses of personal data mentioned in the Ways We Use Your Personal Data section above, we may share your personal data with third-parties we engage to help provide products and services to you. These third-parties include, but are not limited to, organizations that provide the following services:

Software support
Customer relationship management (CRM) platform
Payment and fulfillment
Website hosting
Business resilience and disaster recovery
User authentication
Auditing platforms and accounting
Legal advice and counsel
Management consulting
Mailing and logistics
Email marketing
Marketing research
Eyesafe social media channels
Media partners
Product vendors

Other Sharing Circumstances

We may also share your personal data in other circumstances, such as the following:

As required to by law, or in response to a subpoena or other government information request
If we believe that the disclosure is in the interest of your security or the security of Eyesafe (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction)
If another company acquires or merges with us
If we go out of business, enter bankruptcy, or experience some other change of control

Sharing Aggregate Information

When Eyesafe requests demographic information collected during an information request or registration, you have the option not to provide this information. However, we encourage you to share your demographic information so that we may gain a better understanding of your needs and so that we can serve you in a more personalized manner.

We may also share aggregate non-personal data with strategic partners. Under these circumstances, we do not disclose information that can uniquely identify you.

PERSONAL DATA RETENTION

Eyesafe may retain your personal data for at least as long as you transact business with us, as such data retention is necessary to provide you products and services, and, as applicable, maintain the Eyesafe marketplace(s). Eyesafe may retain and use your personal data as necessary to comply with our legal obligations and policies, resolve disputes and enforce our agreements.

DATA TRANSFERS

Data Transfers from EU/EEA to US or Elsewhere

If you are in the European Union/European Economic Area (EU/EEA), please be aware that we operate in the United States (US). As such, Eyesafe may transfer your personal data from the EU/EEA to the US to provide you with products and services, or otherwise communicate with you. Eyesafe takes measures to adequately safeguard your personal data when transferred to the United States or elsewhere. In doing so, we aim to comply with applicable data privacy laws and regulations.

When Eyesafe transfers personal data from the EU/EEA to countries or international organizations based outside the EU/EEA, the transfer takes place on the basis of legally permitted grounds, such as with your informed consent prior to the transfer, or via standard contractual clauses (i.e., pre-defined data protection clauses added to contracts) with those clients for whom we transfer such personal data.

Data Transfers from Australia to the US or Elsewhere

If you are a citizen of Australia, please be aware that we operate in the United States. As such, Eyesafe may transfer your personal data from Australia to the US to provide you with products and services, or otherwise communicate with you. Eyesafe takes measures to adequately safeguard your personal data when transferred from Australia to the US or elsewhere.

Data Transfers from Other Regulated Countries or Jurisdictions to the US or Elsewhere

If you are a citizen of a country or jurisdiction not specifically mentioned in this Privacy Notice, please be aware that we operate in the United States. As such, Eyesafe may transfer your personal data from your home country or jurisdiction to the US to provide you with products and services, or otherwise communicate with you. Eyesafe takes measures to adequately safeguard your personal data when transferred from a country or jurisdiction not specifically mentioned in this Privacy Notice to the US or elsewhere.

YOUR PRIVACY RIGHTS

Your Privacy Rights Under GDPR

If you are in the European Union (EU), you have certain data privacy rights, as defined by the General Data Protection Regulation (GDPR). Eyesafe describes these rights in our Supplemental Privacy Notice for Individuals in the European Union.

Your Privacy Rights Under CCPA

If you are a resident of California, you have certain data privacy rights, as defined by the California Consumer Privacy Act of 2018 (CCPA). Eyesafe describes these rights in our Supplemental Privacy Notice for Residents of California.

Your Privacy Rights Under Australia Privacy Act

If you are a citizen of Australia, you have certain data privacy rights, as defined by the Australia Privacy Act. Eyesafe describes these rights in our Supplemental Privacy Notice for Citizens of Australia.

Your Privacy Rights Under Other Regulated Countries or Jurisdictions

If you are a citizen or resident of regulated countries or jurisdictions not specifically mentioned in this Privacy Notice, you may have certain data privacy rights, as defined by the laws and regulations of such regulated countries or jurisdictions. Eyesafe commits to honor the privacy rights of individuals from such regulated countries or jurisdictions. If you have a question about these rights, please use the information in the How to Contact Us section below.

INDIVIDUALS UNDER THE AGE OF 16

Eyesafe does not intend this Site for use by individuals under 16 years of age. Those under age 16 should avoid providing any personal data to the Site without verifiable parental consent.

DATA SECURITY

We constantly strive to align our data security practices with industry-accepted standards for securely handling, transmitting and storing personal data. To prevent unauthorized access, maintain data accuracy and the correct use of information, Eyesafe implements administrative, physical and technical measures to safeguard and secure the information we collect on the Site. We utilize industry-accepted encryption technologies and strengths to reduce the risk that others can view information passing between our Site and your browser.

Since the Internet is not a completely secure environment, we cannot ensure or warrant the security of any information you transmit to us. Eyesafe offers no guarantees that information cannot or will not be accessed, disclosed, altered, or destroyed by a breach of any of our administrative, physical or technical measures.

NOTIFICATION IN EVENT OF DATA BREACH

International, federal and state laws and regulations may require Eyesafe to notify our clients and/or individual victims in the event of a breach of personal data. In such an unfortunate event, we will promptly notify our clients and/or data breach victims, in accordance with notification procedures defined in our internal policies and as required by applicable law.

OPTING-OUT OF SHARING YOUR PERSONAL DATA

You have choices regarding the ways we share your personal data with third-parties. In many cases, you must opt-out by using the mechanism provided by our third-party service providers. For instance, you may opt-out of email communications from us by clicking the “unsubscribe” link in the email message. If you wish to opt-out of our sharing of your personal data, please submit your request to Eyesafe via the How to Contact Us section below. As noted above, this may necessitate deletion of your data or your account with us.

LINKS

This Site may contain links to and from other third-party sites. Please be aware that Eyesafe is not responsible for the privacy practices of these third-party sites. We encourage you to be aware when you leave our Site and to read the privacy notices of each third-party website that collects your personal data.

HOW TO CONTACT US

You may contact us directly via post, phone or email:

Eyesafe Inc.
10925 Valley View Rd #100
Eden Prairie, MN 55344 USA
[email protected]
tel. no: 844-4-EYESAFE

If you request to opt-out of our marketing communications or those of our partners, there may be a 30-day period before such opt-out will take effect.

UPDATES TO THIS PRIVACY NOTICE

Eyesafe created this Privacy Notice on February 22, 2021. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Privacy Notice at any time. Your continued use of the Site following reasonable notice of such modifications constitutes your acceptance of any changes to this Privacy Notice.

EYESAFE INC.

Supplemental Privacy Notice for

California Residents

(Effective: 02.22.2021)

YOUR PRIVACY RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT

Eyesafe Inc. (“Eyesafe”, “we”, “our” or “us”) provides this Supplemental Privacy Notice to residents of the state of California (“you”, “your”, “consumer”). You have certain data privacy rights, as defined in the California Consumer Privacy Act of 2018 (“CCPA”). This applies to users of our websites and services found at: eyesafe.com, as well as our social media channels. References to “Services” herein applies to our website and our social media channels. Your privacy rights relative to your relationship with Eyesafe may vary depending on circumstances, as described below.

If you are interested in reading Eyesafe’s Privacy Notice, please follow this link.

Privacy Rights for Consumers Communicating with Eyesafe Directly

For consumers who communicate directly with Eyesafe via digital media (i.e., email, our Contact Us form, direct messages through social media channels, phone, fax, etc.), your privacy rights include the following:

Access: You have the right to request that we provide you access to a copy of your personal information held by Eyesafe, covering the twelve (12) calendar months preceding your request.
Portability: You have the right to receive your personal information held by Eyesafe in a structured, commonly-used and machine-readable format. You also have the right to transmit your personal information to another organization without hindrance from Eyesafe.
Correction, Amendment and Deletion: You have the right to request a correction or amendment of your personal information held by Eyesafe. You also have a right to request that Eyesafe deletes certain personal information about you.
Opt-Out of Sharing: You have the right to request that we do not sell (where applicable) your personal information to third parties.
Prohibition on Discrimination: You have the right to exercise your rights under CCPA without fear of discrimination by Eyesafe.

If you wish to exercise any of your rights, as described above, please submit your request to Eyesafe by using the information in the How to Contact Us section below.

Prohibition on Sales of Personal Information About California Residents

Eyesafe does not “sell” personal information about residents of California to third parties, per the meaning of this term defined in the California Consumer Privacy Act (Cal. Civ. Code §1798.140(t)). As such, Eyesafe does not make available a clear and conspicuous link entitled, “Do Not Sell My Personal Information,” per CCPA requirements for those businesses that sell personal information. Should our business practices change, Eyesafe may implement such a link on its Site.

OTHER CALIFORNIA PRIVACY RIGHTS

California Civil Code Section §1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. If you wish to exercise your rights under California law, as described above, please submit your request to Eyesafe by using the information in the How to Contact Us section below.

HOW TO CONTACT US

If you have questions or concerns, you may contact Eyesafe directly via post, phone or email:

Eyesafe Inc.
c/o Privacy Official
10925 Valley View Rd #100
Eden Prairie, MN 55344 USA
tel no.:844-4-EYESAFE
[email protected]

If you request to opt-out of our marketing communications or those of our partners, there may be a 30-day period before such opt-out will take effect.

UPDATES TO THIS SUPPLEMENTAL PRIVACY NOTICE

Eyesafe created this Supplemental Privacy Notice on February 22, 2021. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Supplemental Privacy Notice at any time. Your continued use of the Site following reasonable notice of such modifications constitutes your acceptance of any changes to this Supplemental Privacy Notice.

EYESAFE INC.

Supplemental Privacy Notice for

Citizens of Australia

(Effective: 02.22.2021)

YOUR PRIVACY RIGHTS UNDER THE AUSTRALIA PRIVACY ACT

Eyesafe Inc. (“Eyesafe”, “we”, “our” or “us”) provides this Supplemental Privacy Notice to citizens of Australia (“you”, “your” or “individuals”). You have certain data privacy rights, as defined in the Australian Privacy Act of 1988 (“Australian Privacy Act”). Your privacy rights relative to your relationship with Eyesafe may vary depending on circumstances, as described below. This Notice applies to information we collect through our website, eyesafe.com, as well as our social media channels.

If you are interested in reading Eyesafe’s Privacy Notice, please follow this link.

Privacy Rights for Individuals Communicating with Eyesafe Directly

If you are an Australian citizen, please note that Eyesafe may be subject to the Australian Privacy Principles (APPs) defined in the Australian Privacy Act.

The following are specific points you should know:

We require our subcontractors to undertake a similar obligation.
We will not use or disclose your personal information for our direct marketing purposes unless:
- You have consented (opted-in) to receive direct marketing
- You would reasonably expect us to use your personal information for marketing; or
- We believe you may be interested in the marketing material, but it is impractical for us to obtain your consent.

You may opt-out of any marketing materials we send you through an unsubscribe mechanism or by contacting us using the information in the How to Contact Us section below. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as “direct marketing” under the Australian Privacy Act, including changes to our terms and other information related to your account.

Our computer servers are located in the United States. In addition, we or our third party service providers may use “cloud” technology to store or process personal information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. Our third party service providers, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of personal information overseas.

If you believe the personal information that we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the information in the How to Contact Us section below. We will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request.

How to Lodge a Complaint Under the Australia Privacy Act

If you are an Australian resident and have a complaint about a privacy matter, please contact us by using the information in the How to Contact Us section below. If your complaint is not resolved to your satisfaction, you can contact the Office of the Australian Information Commissioner (OAIC) at this link: https://www.oaic.gov.au/privacy/privacy-complaints/.

HOW TO CONTACT US

If you have questions or concerns, you may contact Eyesafe directly via post, phone or email:

Eyesafe Inc.
c/o Privacy Official
10925 Valley View Rd #100
Eden Prairie, MN 55344
USA
tel no.: 844-4-EYESAFE

If you request to opt-out of our marketing communications or those of our partners, there may be a 30-day period before such opt-out will take effect.

UPDATES TO THIS SUPPLEMENTAL PRIVACY NOTICE

EYESAFE INC.

Supplemental Privacy Notice for

Individuals in the European Union

(Effective: 02.22.2021)

YOUR PRIVACY RIGHTS UNDER GDPR

Eyesafe Inc. (“Eyesafe”, “we”, “our” or “us”) provides this Supplemental Privacy Notice to individuals (“you”, “your”, “data subject”) in the European Union (EU). You have certain data privacy rights, as defined by the EU’s General Data Protection Regulation (GDPR). Your privacy rights relative to your relationship with Eyesafe may vary depending on circumstances, as described below. References to “Services” below apply to our website, eyesafe.com, and our social media channels.

If you are interested in reading Eyesafe’s Privacy Notice, please follow this link.

Privacy Rights for Individuals Communicating with Eyesafe Directly

For data subjects who communicate directly with Eyesafe via digital media (i.e., email, our Contact Us form, direct messages through our Services, phone, fax, etc.), your privacy rights include the following:

Access: You have the right to request that we provide you access to a copy of your personal data held by Eyesafe.
Correction, Amendment and Deletion: You have the right to request a correction or amendment of your personal data held by Eyesafe. You also have a right to request that Eyesafe deletes certain personal data about you.
Restriction: You have the right to request that we restrict processing of your personal data held by Eyesafe if you contest the accuracy of your personal data held by Eyesafe or the lawfulness of Eyesafe’s processing of your personal data.
Portability: You have the right to receive your personal data held by Eyesafe in a structured, commonly-used and machine-readable format. You also have the right to transmit your personal data to another organization without hindrance from Eyesafe.
Objection: You have the right to object, on grounds relating to your particular situation, to Eyesafe’s processing of personal data about you, unless Eyesafe demonstrates compelling legitimate grounds for continuing such processing. You also have the right to object to any automated decision-making (such as user profiling) used by Eyesafe.
Complaints: You have the right to lodge a complaint or concern about our data privacy practices with Eyesafe directly and/or with an appropriate supervisory authority.

If you wish to exercise any of your rights, as described above, please submit your request to Eyesafe by using the information in the How to Contact Us section below.

How to Lodge a Complaint Under GDPR

If you are in the EU and wish to lodge a complaint about our data privacy practices with a regulatory authority in your country, you can find details at this link: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

HOW TO CONTACT US

If you have questions or concerns, you may contact Eyesafe directly via post, phone or email:

Eyesafe Inc.
c/o Privacy Official
10925 Valley View Rd #100
Eden Prairie, MN 55344
USA
tel no.: 844-4-EYESAFE
[email protected]

If you request to opt-out of our marketing communications or those of our partners, there may be a 30-day period before such opt-out will take effect.