U.S. Vision Privacy & Security

This Privacy Policy (“Policy”) is effective as of February 1, 2021.

This Policy describes how U.S. Vision., including all direct and indirect subsidiaries (collectively “U.S. Vision,” “we,” “our,” or “us”), collect, use, and disclose information through our websites located at www.usvision.com, www.jcpenneyoptical.com, www.meijeroptical.com, www.boscovsoptical.com, www.AAFESoptical.com, and any other websites that link to this Policy (collectively “Sites”) and certain other services as described below. This Policy applies to our U.S. Sites and services that link to this Policy.

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HOW WE COLLECT THE INFORMATION

When using our Sites or our services, you may provide us with your personal information through a variety of methods, including the following: (1) via signups on our Sites, such as through the creation of an account; (2) from an online, email, retail, fax, or telephone purchase; (3) when you enter a sweepstakes, giveaway, contest, or other promotion, or complete a survey; (4) when you provide information at our stores; (5) upon contacting us, such as through customer service communications, including our online chat features; (6) upon signing up at an event; (7) when you post material to the Sites, such as through product reviews; or(8) when you interact with us for any other purpose. Information that you provide through the Sites can be combined with the information that we collect from you in any other way.

We may also collect certain information automatically when you use the Sites, as described below.

We may receive information about you from third parties and combine it with information you have provided to us.

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THE INFORMATION WE COLLECT

When you interact with us, we may collect information that you choose to provide, such as your name, address, email address, phone number, payment information, demographic information (such as your income level and gender), date of birth, information regarding your membership with other organizations (e.g., to provide discounts), photos and recordings, and any other information you choose to provide. If you contact our customer service department, you may need to provide us with additional information so that we can respond to your questions or concerns as completely and thoroughly as possible. If you create an account with us, we collect your username and password. If you are providing delivery information or other information which is not your own, then you must have that person’s permission to give us their information and for us to use and share it for the purposes specified.

When you make a purchase, we will collect your payment card or other payment information. US Vision takes reasonable steps to protect the security of payment card information such as by using tokenization, a storage technique which replaces payment card data with randomized identifiers.

If you apply for a job through one of our Sites, we will collect any information you provide in your application, including, but not limited to, educational background, employment history, and references.

Some of the affiliates and brands covered by this Policy are subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). These affiliates and brands may collect additional information that is considered “protected health information” (“PHI”) as defined by HIPAA. When the information that we collect is considered PHI, we will handle that information in accordance with our Notice of Privacy Practices. Please visit that notice for information on our privacy practices, our legal duties, and your rights concerning your PHI.

We (or third parties operating on the Sites) also may automatically collect technical information when you use our Sites (for example, browser version, IP address, Internet service provider, referring/exit pages, operating system, date/time stamp, clickstream data and reference site domain name, and customer traffic patterns and website usage). We may use cookies or similar technology to collect this information. See the “Digital Advertising & Analytics” section of this Policy to learn more about the use of this information and the choices available to you.

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HOW WE USE THIS INFORMATION

We may use the information we collect for any lawful purpose, including the following:

1) To process and fulfill your order, including sending you emails to confirm your order status and shipment, and to provide other related communications.

2) To administer a contest, promotion, survey, or other site feature, and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest).

3) To send you information/materials via email or mail about products, offers, and news we think could interest you. This information may relate to products, services, offers, and news of US Vision products or other products and services. Please see “Your Choices” below for more information.

4) To operate and improve the Sites, including to analyze visits to the Sites and learn about our visitors so we can operate the Sites and improve our products and services and deliver the best user experience.

5) To communicate with you, including responding to your inquiries.

6) To comply with the law and to maintain the security of our Sites.

7) As otherwise disclosed at the time of collection or use.

When you make a purchase, you can choose to save your information to obtain a faster checkout for purchases and/or you can choose to receive emails, which provide you with information regarding our other products and services.

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SHARING INFORMATION WITH THIRD PARTIES

We engage service providers to perform services in connection with the operation of our business. We may share personal information with service providers so that they can perform these services. Examples of these services include payment processing and authorization, text messaging services, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing.

In proceeding with your online order, you agree that any information associated with the order, such as the delivery name and address (if different from yours), will be processed using service providers.

Personal information collected through our Sites may be shared between the brands and affiliates that are owned or operated by US Vision Inc. We also share personal information with selected third parties for their own marketing purposes. See the “Your Choices” section of this Policy for more information.

We may release personal information if we believe in good faith that: (1) the law or legal process requires it; (2) we have received a valid administrative request from a law enforcement agency; or (3) such release is necessary or appropriate (in our sole discretion) to protect the rights, property, or safety of US Vision, or any of our respective affiliates, service providers, customers, or others.

We may also share your information with your consent or as otherwise disclosed at the time of data collection or sharing.

As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, or the sale of all or a portion of our assets, or buying online stores or other assets, including at bankruptcy. In such transactions, information about customers will likely be transferred.

The Sites may allow you to provide comments in various sections of our Sites, such as in product reviews. Please be aware that the information you post in these areas may be available to visitors of the Sites and to the general public.

We share aggregated and de-identified information, or any other technical information, without limitation. For example, we may share aggregated demographic information about the Sites visitors with our affiliates, service providers or vendors, so that they can provide marketing analysis and consult on advertising strategies. We also may share technical information, such as the number of users who visited the Sites during a specific time period or who purchased a specific product through the Sites, with our marketing service providers, advertisers, and others from time to time. This information generally is shared in an aggregated form.

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DIGITAL ADVERTISING & ANALYTICS

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Sites and other sites or apps over time, including information about relationships among different browsers and devices.

This type of advertising is known as interest-based advertising and works to use your information to make ads more useful to you. You may visit www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt out choices exercised through the DAA tool. Note that electing to opt out will not stop advertisements from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Sites may not function as intended.

We may also work with service providers that collect data about your use of the Sites and other sites or apps over time for non-advertising purposes subject to their privacy policies. We use analytics providers such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners. You can opt out of Google’s collection and processing of data generated by your use of the Sites by going to http://tools.google.com/dlpage/gaoptout.

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THIRD-PARTY LINKS & PLUG-IN

The Sites may provide links to third-party websites or apps, including our social media pages. We do not control the privacy practices of those websites or apps, and they are not covered by this Policy. You should review the privacy policies of other websites or apps that you use to learn about their data practices.

The Sites may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Sites, those social media companies may collect information about you and may use and share such information in accordance with their own policies, including by sharing such information with us or the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to read the privacy policies for any social media accounts you create and use.

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CALIFORNIA CONSUMER PRIVACY RIGHTS

Your Rights and Choices

The California Consumer Privacy Act of 2018 (“CCPA”), and other California privacy laws, provide California consumers specific rights concerning their personal information, including, the right to request that we disclose what personal information we collect, use, disclose, and sell. This section describes your rights and how you may exercise those rights as well as describes how we, US Vision, and third parties handle your personal information. If you choose to exercise these rights, we will not discriminate against you because of it.

You or your authorized agent can request: 1) a disclosure of your personal information we collect, use, disclose, or sell; 2) to delete your personal information we collect, or maintain; and 3) to opt-out of the sale of your personal information. If you choose to submit a request through an authorized agent, we will require proof that the authorized agent has your written permission to submit a request on your behalf. Additionally, we may require you to verify your identity with us through the verification process detailed below.

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Requests to Know and Requests to Delete

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The specific pieces and categories of personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased.
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request to delete, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

You may submit a request to know or request to delete, free of charge, online through our email [email protected], or through our toll-free number at US Vision 866-435-7111. Note that for requests to delete, we will require you to separately confirm that you want your personal information deleted. To verify your identity, we require you provide your name and email and you confirm identity through a confirmation email message. Once submitted, you will receive an email within 10 days that we will use to verify your identity and provide confirmation of your request. We will respond to your request to know or request to delete within 45 days from the day we receive the request. If necessary, we may extend the time period to a maximum total of 90 days from the day we receive the request. In such case, you will receive an email notifying you of the extension and explaining the reason for the extension. Any disclosure in response to a request to know will cover the 12-month period preceding the business’s receipt of the request and will be delivered in a readily useable digital format, or by mail at your request.

Your request to know or request to delete may be denied for any reason allowable under the CCPA. For example, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it or any other purpose permitted by the CCPA.

Similarly, we may deny requests:

• For specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks.
• To access or delete information that is de-identified.
• If your identity cannot be verified to a degree of certainty required by the CCPA.
• From an authorized agent that does not submit proof that they have been authorized by the consumer to act on the consumer’s behalf.

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Request to Opt-Out

If you are 16 years of age or older, you have the right to opt-out from a sale of your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and less than 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you may submit a request at Do Not Sell My Personal Information. We will act upon your request no later than 15 days from the date we received the request. Note that we may deny a request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time online here.

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Collection of Personal Information

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

We may obtain the categories of personal information listed above from the following categories of sources:

• Directly from you or your agent.
• Indirectly from you or your agent. For example, through information we collect in the course of providing services.
• Directly and indirectly from activity on our websites. For example, via signups on our Sites, such as through the creation of an account.

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Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill an order.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To improve our website and present its contents to you.
• For testing, research, analytics and development.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

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Sharing Personal Information

In the preceding 12 months, we have disclosed and/or sold personal information to third parties for a commercial or business purpose, as authorized under applicable law. When we disclose or sell personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We do not sell the personal information of minors under 16 years of age without affirmative consent.

In the preceding twelve (12) months, we have disclosed and sold the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics.

Category D: Biometric Information.

Category E: Internet or other similar network activity.

Category F: Geolocation data.

Category G: Professional or employment-related information.

We disclose and sell your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

If you have questions or concerns regarding this Policy, please direct inquiries to: [email protected]

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YOUR CHOICES

To opt out of our email marketing or to unsubscribe from our email newsletters, you can contact our customer service department using the information in the “Contact” section below, or you can use the link provided at the bottom of each marketing message or newsletter. If you choose to opt out, you will continue to receive all email communications related to our transaction(s) and relationship with you.

If you would like to update your mailing information or want your name and address removed from our direct mailing list, you can contact our customer service department using the information in the “Contact” section below.

As described in this Policy, we may also make your information available to third parties for their direct marketing purposes. Pursuant to California Civil Code § 1798.83, no more than once per calendar year, California residents may request that we send you via mail or email: (1) the categories of personal information disclosed to those third parties; and (2) the names and addresses of those third parties. To request this information, please contact us at [email protected]

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CHILDREN’S PRIVACY

We understand the importance of protecting children’s privacy, especially in an online environment. Our Sites are not intentionally designed for or directed at children less than 13 years of age. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.

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UPDATING YOUR INFORMATION

You may request to view, update, or correct your personal information by contacting our privacy office at the information provided in the “Contact” section below. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections.

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SECURITY

We maintain reasonable and appropriate safeguards to help protect your personal information from loss and from unauthorized acquisition. We monitor activity on our Sites to prevent any unauthorized disclosure of information. In addition, we utilize a licensed system for credit card authorization and fraud detection.

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DO NOT TRACK SIGNAL

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information.

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INTEREST-BASED ADVERTISING AND CHOICE

We may engage and work with service providers and other third parties to serve advertisements on the service and/or on third-party services. Some of these ads may be tailored to your interests based on your browsing of the service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the service (i.e., “retargeting”).

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps.

Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.

Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you Interest-based Advertising will do so as well, though we cannot guarantee their compliance. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

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TRACKING ACROSS TIME AND TECHNOLOGIES DISCLOSURE

Some information about your use of the service and certain third-party services may be collected using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the service and certain third-party services

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UPDATES TO POLICY

We may change this Policy at any time in our discretion. If we decide to change our Policy, we will post the changes on this page. Please review this page periodically to see any updates to the information provided here. This Policy was last updated on February 1, 2021.

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DISPUTE RESOLUTION

This Policy shall be governed by, and construed in accordance with, the laws of the State of New Jersey without regard to principles of conflicts of laws.

Any dispute, claim or controversy among the parties arising out of or relating to this Policy, except for any provisions relating to a consumer’s rights under the CCPA shall be finally settled by arbitration in Blackwood, New Jersey in accordance with the Consumer Arbitration Rules of the American Arbitration Association then in effect and such resolution shall be final and binding upon the parties.

THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF OR RELATING TO THIS POLICY. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND THAT THIS POLICY DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN CAMDEN COUNTY, NJ, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in Camden, NJ and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.

Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in Camden, NJ, or, if brought in a federal district court, United States District Court for the District of New Jersey and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.

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CONSUMERS WITH DISABILITIES

To request this Policy in an alternative format, please reach out to us at the Contact information provided below.

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CONTACT

If you have questions or wish to contact us about this Policy, please direct inquiries to:

Privacy Office
US Vision, Inc.
5 Harmon Drive
Blackwood, NJ 08012

Phone: 866-435-7111
Email: [email protected]