Privacy Policy

PRIVACY POLICY

Effective Date: May 4, 2020

ABB/Con-Cise Optical Group LLC and/or its affiliates (collectively, "ABB," "our," or "we") operates the online platforms and mobile applications that link to this Privacy Policy and other services that link to this Privacy Policy (collectively, the "Services"). ABB values and respects the privacy of its customers and visitors. The purpose of this Privacy Policy is to provide you with information about ABB’s policies regarding the collection, processing, use, storage, and disclosure of information when you use our Services. This Privacy Policy also describes the choices you can make about our use of your information.

We may update or modify this Privacy Policy at any time, by posting the amended version including the effective date of the updated version. We will announce any material changes to this Privacy Policy through an alert on our website. By using the Services and accepting these terms, you agree to the terms of this Privacy Policy and the collection and use of information in accordance with this Policy. If you do not agree to be bound by this Privacy Policy or any subsequent modifications, you should not access or use our Services or disclose any personal information through our Services. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use.

PERSONAL INFORMATION

While using our Services, we may ask you to provide us with certain personally identifiable information ("Personal Information"). Personal Information is information that identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to an individual or household.

We collect information from you both when you provide it voluntarily and automatically when you use our Services. We may also collect Personal Information from other sources, as described below.

We may collect Personal Information from you and your patients and any devices you use when you: use our Services, register for an account with us, make a purchase, provide us information on a web form, or over the telephone or online chat, update or add information to your account, when you otherwise correspond with us, engage or connect with us through one of our social media pages, or chat with a customer support specialist. Please remember that any information that is disclosed in public comments, forums or other areas enabling other users to submit comments ("Forums") becomes public information, is not maintained or treated as confidential, and you should exercise caution when deciding to disclose your Personal Information.

In addition, we may collect Personal Information about you from third parties in connection with our Services, including from the following sources:

  • Our customers: when we provide services for our customers
  • Service providers (including hosting providers, shipping partners, and payment processors)
  • Data analytics service providers
  • Email, chat and other communications service providers
  • Customer service providers
  • Customer Service Contact Center
  • Advertising providers
  • Social media platforms
  • Promotional partners

INFORMATION WE COLLECT

We may collect the following categories of Personal Information from you, depending on your interactions with our Services and the choices you make, as further described in the chart below:

  • Identifiers. Your name, email address, postal address, unique personal identifier, and Internet Protocol (IP) address.
  • Interactions. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories.
  • Internet or other electronic network activity information. For example:
    • Browse history. Data about the webpages you visit.
    • Search history. Data about the search terms you enter.
    • Device, connectivity, and configuration data. Data about your device and nearby networks, including regional and language settings.
  • Geolocation data. Data about your device’s location, which is inferred from your IP address and your postal address.
  • Protected Health Information. In order to provide our Services and products to you, the Services may access and process Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Our use of PHI is governed by separate terms and conditions between ABB and our customers. PHI should only be submitted through the Services as permitted or required for use of the Services.
  • Demographic data. Data about you such as your age, country, preferred language and other data reflecting your consumer’s preferences, characteristics, preferences.

Registering for an account is a service provided.

This is the Personal Information that is provided by you or collected by us to enable you to login and/or access your account and our Services. This includes your name, address, email address, and phone number.

You also have the option to provide us with some additional Personal Information in order to make your account more personalized or in order to store payment token for future purchases.

Newsletter Registration Information

This includes any information that you choose to provide to us through Social Media forums through our Services.

Consultation and Customer Service Information

This includes any information that you choose to provide, whether by phone, email, or chat, to our sales representatives, customer service representatives.

Payment and Purchasing Information

We may collect such Personal Information if you make a purchase through our Services. The exact Personal Information collected will vary depending on the payment method but may include information such as:

  • Name;
  • Credit or debit card type, expiration date, and certain digits of your card number;
  • Billing and shipping addresses;
  • Postal code; and
  • Phone number.

We may also collect information concerning the products purchased or considered, or other purchasing or consuming histories or tendencies.

Returns Data

When you initiate or request a product return, refund or exchange, we may collect information from you in order to process your request and help prevent fraud, including information from your government-issued ID (e.g., name on ID, ID number).

Demographic Data

We may collect such Personal Information when you provide feedback or post on a forum through our Services, including if you leave a comment on articles posted on the Services.

  • Date of birth
  • Gender
  • State/Region
  • Preferences

Third Party Data

This includes both Personal Information and non-personally identifiable data from our affiliates, customers, partners or vendors, data brokers or public sources.

Location Information

We may collect general location information if you use features on our Services that provide location-based services.

Usage Information

This can be Personal Information and non-Personal Information that is collected about you when you are using our Services, and this may include:

  • Information about your interactions with our Services, which includes the date and time of any information you enter into our Services and your interactions with other users of our Services and what content or features you interacted with.
  • User content you post to our Services including messages you send and/or receive in the platforms and your interactions with our customer service team and other users.
  • Technical data which may include URL information, cookie data, web beacons and other tracking technology information, your IP address, the types of devices you are using to access or connect to our Services, unique device IDs, device attributes, network connection type and provider, network, browser type, language, and operating system.

Our Services may use cookies, unique identifiers and similar technologies (each as described in more detail below) to collect information over time and across different websites when you use or visit our Services. We or our third-party partners use common tracking tools to collect information about the pages you view, our Services functions that you access, the buttons and icons you click, and to remember your login information and Services settings to make it easier and more efficient for you to use our Services, and to provide advertising content that we think may be of interest to you.

Cookies. Cookies are small data files that are downloaded onto your computer or mobile device when you use our Services, which are unique to your device or account. Cookies make it easier for you to use our Services by saving your preferences so that we can use these to improve your next and subsequent visits to our Services – for example, remembering your login information. Cookies help us learn which areas of our Services are useful and which areas need improvement.

Cookies may be either persistent or temporary (or session) cookies. A persistent cookie retains user preferences for a website, app or service, allowing those preferences to be used in future use sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

You can choose whether to accept cookies by changing the settings on your browser or device. For more information regarding your choices with respect to cookies and other tracking technologies, please see "Your Rights and Choices Regarding Your Information" below. However, if you choose to disable this function, your experience with our Services may be impaired and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third parties to do so to help us.

Pixels, Web Beacons. We or third-party partners may use invisible pixels or beacons on our Services to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current Services offerings, develop new products or services, and target information to you that may be helpful and useful to you based upon your use of our Services.

Anonymized Information

We may collect and use anonymized and aggregated information that may be created or derived from your Personal Information or usage of our Services for purposes that include data analysis, improving our Services, advertising, and developing new features and functionality within our Services.

HOW WE USE INFORMATION

  • To provide, maintain, personalize and improve our Services.
  • To respond to your questions and requests.
  • To maintain appropriate inventory of products.
  • To notify you about changes to our Services.
  • To allow you to participate in interactive features of our Services when you choose to do so.
  • To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.
  • To provide you with advertising content in which we think you will be interested.
  • To gather analysis and assess trends and interests.
  • To administer any sweepstakes, contest, giveaways or promotions that we offer, and you choose to participate in.
  • To invoice you, process payments and provide you with the products purchased.
  • To process returns.
  • To provide customer support.
  • To monitor the usage of our Services.
  • To provide, maintain, personalize, and improve our Services.
  • To provide you with content in which we think you will be interested.
  • To provide you with location-based services.
  • To gather analysis and assess trends and interests.
  • To optimize the display of our Services on your device.
  • To create, maintain and personalize your account with us.
  • To monitor the usage of our Services.
  • To administer manufacturer promotional programs.
  • To support industry and product metrics.
  • To allow you to participate in interactive features of our Services when you choose to do so.
  • To detect, prevent, and address technical issues.
  • To help maintain the safety, security, and integrity of our Services and technology assets.

SHARING YOUR INFORMATION

We may share non-Personal Information with third parties in our discretion. In connection with our Services, we may share your Personal Information with certain third parties who we engage to help us run our business and perform the services, including under the following circumstances:

  • Software and service providers, we use to manage and process your information, for example, providers of payment processing software (e.g., payment processing software).
  • Affiliates, subsidiaries, and customers
  • Product-related service providers, such as our delivery providers, vendors, and manufacturers of our products.
  • Google Analytics, a service provided by Google, Inc., to gather information about how you and other users engage with our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners.
  • Marketing service providers we may use to communicate with you.
  • Advertising service providers we may use to assist us in providing personalized advertising.
  • Business partners, including promotional partners who are helping us run a joint promotion or who provide a product or service in partnership or collaboration with us.
  • Internal Revenue Service and Other Taxing Authorities (e.g., if your earnings from a sweepstakes or contest exceed a certain threshold and we are required to disclose such earnings under applicable law.
  • Other third parties that you expressly request us to share your Personal Information with.

Additionally, we will share your Personal Information with third parties where required by law, where it is necessary in connection with our Services or products, or where we have another legitimate interest in doing so. We do not sell Personal Information, as applicable under the California Consumer Privacy Act.

If we are subject to a merger or acquisition with/by another company, we may share information with them in connection with the transaction.

ACKNOWLEDGEMENT AND WARRANTY

To the extent that you provide or transmit any information, including, but not limited to, any Personal Information, any information that identifies any other individual (including without limitation name, email address and/or telephone number) and/or PHI, to ABB or its third-party service or data providers, licensors, manufacturers or distributors ("Representatives") through the Services, you warrant that (a) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (b) the use and disclosure of such information by ABB and its Representatives will not violate HIPAA or other applicable law by using or disclosing the information in connection with the Services or infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.

HOW WE SAFEGUARD YOUR INFORMATION

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk. You are responsible for maintaining the confidentiality of your Services access information and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your password.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account with us has been compromised), please immediately contact us in accordance with the “Contact Information” section below.

HOW LONG WE STORE YOUR INFORMATION

We will retain your Personal Information only for as long as is necessary for the legitimate business purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups.

We also will retain Usage Information for internal analysis purposes. Usage Information is generally retained for a shorter period, except when Usage Information is used to strengthen the security or to improve the functionality of our Services or products, or we are legally obligated to retain Usage Information for longer periods.

YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION

Marketing Preferences. You can opt out from receiving future marketing communications from us at any time by using the unsubscribe function in the email you receive from us, or contacting us as set forth under "How to contact us" below. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, asking you to review a product or service you have ordered, or notifying you of product recalls. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.

Personalized Advertising. If you do not wish to participate in our advertising personalization programs, you can opt-out by following the directions provided within the applicable advertisement, or through disabling ad cookies through your browser settings. You may also opt out of receiving interest-based ads from Amazon, Facebook and Google. You will continue to see ads on each platform, but they will not be personalized as a result of your actions on our website. Please visit the links below if you wish to opt out or update your preferences:

As noted above in "The Information We Collect About You", you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with our Services may be impaired and some features may not work as they were intended.

Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy. You can choose to limit the data that third party services (e.g., social media platforms) share with us using the options provided to you by the applicable third party service (for example, the options provided by a third party social media platform when you connect your social media account with our Services).

You can also disconnect your use of our Services from the third-party service at any time using the options provided to you by the applicable third-party service. Please note, however, that if you disconnect from the third-party service, that will not delete the data we may have previously collected while you were connected.

Depending on where you live, you may have certain rights with respect to Personal Information that we have collected and used under certain circumstances, which may include the following: *

  • The right to request the following information regarding our use of your Personal Information:
    • The categories of your Personal Information that we have collected
    • The purposes for which we have collected or used such Personal Information
    • The categories of sources for the Personal Information we have collected about you
    • The categories of third parties with whom we have disclosed your Personal Information
    • If we have disclosed your Personal Information for a business purpose, a list identifying the Personal Information categories that each category of recipient obtained
    • If we have sold your personal information, a list identifying the Personal Information categories that each category of recipient purchased
  • The right to receive a copy of your Personal Information.
  • The right to request us to erase your Personal Information when we no longer need such data in connection with our Services (subject to certain exceptions that may apply under applicable law).

  • * If you are a resident of a jurisdiction where one or more of these rights are granted to you under applicable law, and you wish to exercise any such rights listed above, please contact us by either:

  • Phone: 1-800-301-3225
  • Email: PRIVACYOFFICER@ABBOPTICAL.COM

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

TRANSFER OF DATA; SPECIAL NOTICE TO NON-U.S. USERS

Your information, including Personal Information, may be transferred to – and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

If you are located in a country outside the U.S. and submit Personal Information to us, you consent to the general use and disclosure of such information as provided in this Privacy Policy and to the transfer and/or storage of that information to the U.S. and other countries outside your home country.

SENSITIVE PERSONAL INFORMATION

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive personal information as this term is defined under applicable data protection and privacy laws (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

If you send or disclose any sensitive personal information to us, you consent to our processing and use of such sensitive personal data in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such content to our Services.

POLICY ON CHILDREN’S INFORMATION

Our Services are not created for anyone under the age of 18 ("Children" or "Child"). By using the Services, you represent that you are at least 18 years old. If you do not meet this age requirement, then you must not access or use our Services.

We do not knowingly collect personally identifiable information from anyone under the age of 18, and we do not target the Services to children under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us though one of the methods listed under "How to Contact Us", below. If we become aware that we have collected Personal Information from Children without verification of parental consent, we take reasonable steps to remove that information from our servers.

For more information about the Children’s Online Privacy Protection Act ("COPPA"), which applies to websites that direct their services to children under the age of thirteen (18, please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

LINKS TO OTHER SITES

Our Services contain links to third-party websites. If you click on one of those links, you will be taken to websites we do not control. This Privacy Policy does not apply to the information practices of those third-party websites. You should read the privacy policies of third-party websites carefully. We are not responsible for the content, privacy policies, actions or security of third-party websites.

GOVERNING LAW AND JURISDICTION

This Privacy Policy shall be construed and governed under the laws of the United States and State of Delaware (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in federal or state court of competent jurisdiction located in Dover, Delaware, within one (1) year after the claim arises. Each party waives any objections based on from non-convenience and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party consents to personal jurisdiction in the courts identified above.

HOW TO CONTACT US

You can update your preferences and information by updating your contact information through our Services or contacting us at the e-mail address or phone number below. Additionally, if you have any questions or concerns about our use of your Personal Information, please do not hesitate to contact us through any of the methods below.

Phone: 1-800-301-3225

Email: PrivacyOfficer@abboptical.com

Mail: ABB Optical Group

Attention of: Privacy Officer

12301 NW 39th Street, Coral Springs, FL 33414

28148142.2