PRIVACY STATEMENT

Effective January 1, 2020

Live Eyewear, Inc. (“Live Eyewear”) is the merchant who’s Website you are visiting with a variety of fulfillment, support and e-commerce related services. This Website and all data collected from it are hosted by WPEngine, Inc. (“Web Host”).  For information related to WPEngine, Inc.’s privacy policy or questions related to how WPEngine, Inc. uses your personal information, please contact Web Host via email: legal@wpengine.com or mail: WPEngine, Inc. Attn: Legal Department, 504 Lavaca St., Ste. 1000, Austin, Texas 78701. In order to purchase through this Website, you must agree to the terms of this Privacy Statement and the use of your personal data in a form consistent with this Privacy Statement.

YOU SHOULD REVIEW THE FOLLOWING STATEMENT PRIOR TO SUBMITTING ANY PERSONAL INFORMATION TO THIS WEBSITE.

Live Eyewear respects the privacy of its customers. The purpose of this Privacy Statement is to provide you with information concerning its services, the types of information provided to its Web Host obtained through your visits to its Website, how Live Eyewear uses that information, whether Live Eyewear discloses the information provided to it to others, and the options you have with regard to the use and correction of that information. Some of these services may be provided through sites bearing Live Eyewear’s Web Host’s names and trademarks and are not in the sole control of Live Eyewear. Additionally, Live Eyewear’s Web Host may provide links from the Website to the websites of third parties who may provide services to you directly or on Live Eyewear’s behalf. THE PRIVACY POLICIES OF THESE THIRD PARTY SITES MAY BE DIFFERENT FROM LIVE EYEWEAR PRIVACY POLICIES AND WILL GOVERN ANY TRANSACTIONS UNDERTAKEN ON THOSE SITES. Live Eyewear urge you to review the privacy policy of any site to which you are linked.

Privacy Complaints by European Union and Swiss Citizens
Live Eyewear complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland (the “Safe Harbor Program”). Live Eyewear’s Web Host has certified to Live Eyewear that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program please visit http://www.export.gov/safeharbor/. Live Eyewear commits to resolve complaints about your privacy. European Union and Swiss citizens with inquiries or complaints regarding how Live Eyewear’s Web Host handles your private data should first contact legal@wpengine.com. If European Union or Swiss citizens do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Web Host, you may contact the BBB EU Safe Harbor Dispute Resolution Program.

BBB EU Safe Harbor Dispute Resolution Program
Live Eyewear and its Web Host have further committed to refer unresolved privacy complaints with European Union or Swiss citizens under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If European Union or Swiss citizens do not receive timely acknowledgment of complaints, or if such complaints are not satisfactorily addressed by Web Host, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Instances and Type of Personal Information Collected
Depending on how Live Eyewear interacts with you, Live Eyewear may collect, use, store and transfer different types of personal information about you.  Live Eyewear may receive personal information from you in the following instances:

  • requesting information about products and services;
  • entering a contest or promotion;
  • ordering newsletter or other informational tools;
  • submitting an order
  • purchasing, downloading and/or registering products; and/or
  • signing up for additional services
  • for the purposes of verification of your identity or fraud prevention purposes

In the instances listed above, the types of personal information Live Eyewear may collect are as follows:

  • identifying information such as your name and title;
  • contact information such as your mailing address, billing address, email address, and telephone number(s);
  • payment information such as credit card, debit card, and other financial payment information;
  • account profile information such as your username or similar identifier, account password, purchase history;
  • correspondence information including anything you may provide to us in your communications with us;
  • technical information such as your internet protocol address (“IP”), your web browser software and version, how you arrived at the Website, mobile device identifier, cookies, web beacons, and other similar tools that tell us which pages you choose to view and queries you make using the “search” function;
  • marketing information such as your preferences in receiving marketing, promotions, and sales offers from Live Eyewear and its marketing partners, and photographs of you where you choose to provide them to Live Eyewear as part of a sweepstakes or contest.

In all cases however, Live Eyewear will only obtain personal information from you in accordance with applicable law.

When interacting with Live Eyewear’s website, certain data is automatically collected from your device or web browser, as further described below in the section titled Cookies.

Use of Personal Information
PERSONAL INFORMATION PROVIDED TO LIVE EYEWEAR WILL PRIMARILY BE PROCESSED ON ITS WEB HOST’S COMPUTER SERVERS LOCATED IN THE UNITED STATES OF AMERICA.

HOWEVER, SUCH INFORMATION MAY BE TRANSMITTED OR MADE AVAILABLE TO (I) EMPLOYEES OR SERVANTS OF THE WEB HOST (II) OR THIRD-PARTIES PROVIDING SERVICES TO THE WEB HOST OR (III) PRODUCT MANUFACTURERS, LICENSORS AND/OR OR SUPPLIERS, LOCATED IN THE UNITED STATES OR ANOTHER TERRITORY OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA). YOU SHOULD NOTE THAT AT PRESENT, THE UNITED STATES AND COUNTIRES OUTSIDE THE EEA (EXCEPT FOR SWITZERLAND, ARGENTINA AND CANADA) ARE NOT APPROVED BY THE EUROPEAN UNION AS HAVING DATA PROTECTION LAWS MEETING STANDARDS REQUIRED UNDER THE EU DATA PROTECTION DIRECTIVE (95/46/EC).

Live Eyewear will use the personal information provided to us for the following:

  • to take, process or deliver your order, process or obtain payment or notify you of the status of your order – your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested;
  • in connection with keys, access codes or other information as may be required, to permit you to access sites of third parties providing services to receive products, updates or services;
  • to screen your order through a validation system (‘Fraud Screening System’) to prevent fraudulent orders,
  • to provide it to industry and credit related organizations for security, credit or fraud prevention purposes;
  • to facilitate the renewal of subscriptions for products or services;
  • to provide you with effective/improved customer service and/or technical support and to communicate with you by email about your Website experience in regards to Customer Service and purchasing products from the ecommerce platform in use;
  • to monitor service or purchasing patterns; and to improve the content on the Website;
  • to use your contact information to send you, with your specific consent, marketing materials, newsletters, promotional emails, or undertake other promotional activities;
  • to enhance your online shopping experience – Live Eyewear may use your information to recognize you and welcome you when you visit this site, or to otherwise personalize your experience;
  • to permit you to participate in online surveys and polls, assuming you voluntarily agree to provide such information in connection with these surveys and polls; and
  • to send important notices, such as communications about product purchases, product recalls, product warranty information, product safety or security information, and changes to other policy documents. (Because this information is important to the products that you purchase on the ecommerce platform in use, you will receive these communications even if you have opted out of all other communications.)

Live Eyewear will observe applicable law and take all reasonable steps to ensure any person or entity receiving personal information for the purposes described above, are obligated to protect and keep secure the personal information on your behalf.

BY SUBMITTING YOUR ORDER TO LIVE EYEWEAR YOU CONSENT TO THE USE OF YOUR PERSONAL INFORMATION AS SET FORTH ABOVE, AND TO THE TRANSFER OF THAT DATA TO THOSE INDIVIDUALS OR ENTITIES LIVE EYEWEAR ENGAGES TO PROVIDE SERVICES IN CONNECTION WITH YOUR TRANSACTION.

Sharing Personal Information
In some circumstances, personal information that Live Eyewear receives from you directly may be provided to the Web Host in order to process the purchase for your benefit. Your information will also go to Live Eyewear’s Web Host in order to register your purchase for warranty, technical support, after sales service or similar purposes.

Live Eyewear relies on its Web Host to employ other companies to provide services in connection with your transaction or after sales services.  Live Eyewear relies on its Web Host to process credit card payments, send mail, analyze data, Fraud Screening, provide marketing aid and assistance, facilitate customer service, and otherwise provide services to Live Eyewear to enable Live Eyewear to serve you and enhance your experience purchasing Live Eyewear products. These organizations may have access to personal information as required to permit them to perform their obligations to Live Eyewear in this regard. It is Live Eyewear’s policy to require its Web Host and any third parties with which the Web Host engages to use this information in a manner consistent with this Privacy Statement.

Live Eyewear may be required to respond to subpoenas, court orders or be asked to respond to other legitimate requests for your personal information from appropriate law enforcement or governmental authorities. Live Eyewear may not provide you with notice of such requests and may release personally identifiable information to third parties when Live Eyewear believes it is appropriate for us to do so in order to comply with the law or to protect against fraud. Live Eyewear may also release such information:

  • to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena);
  • to comply with all valid court orders or subpoenas;
  • to protect the legal rights of Live Eyewear, its employees and users;
  • when it believes the information is needed for fraud protection and/or credit risk reduction; and/or,
  • to protect the personal safety of Live Eyewear employees, agents, other users or the public in general.

Live Eyewear also reserves the right to report to such entities any activities that it believes to be unlawful. Any such report of the activities outlined above will be made without prior notice to you, and you consent to such disclosure by us.

In the event Live Eyewear merges with another entity, is acquired by another entity, sells substantially all of its assets to another entity, or enters into a business combination with another entity, Live Eyewear may be required to disclose some or all of your personally identifiable information to that entity to continue serving you.

Live Eyewear is not in the business of selling, trading or renting personal information. It will not use or share your personally identifiable information with others except as provided for in this Privacy Statement.

Management of Personal Information
Live Eyewear seeks to keep personal information accurate and up-to-date. If you find that your personal information is not accurate, please let Live Eyewear know in writing.

If you need to update or correct your email address, mailing address, contact information, your preferences for newsletters and other marketing information (if any) you receive from Live Eyewear, or anything related to managing your ecommerce account, please use the Customer Service Help information available. Without prejudice to your rights of access and other rights in relation to your personal information under applicable law, Live Eyewear will use best efforts to investigate your concerns after Live Eyewear receives your inquiry and make the necessary corrections, additions and/or deletions.

You can opt-out of receiving Live Eyewear’s marketing communications by following the opt-out or unsubscribe instructions in the message received or by contacting us at info@liveeyewear.com.

Live Eyewear will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law. Live Eyewear will delete your personal information after a reasonable time, given the purposes for which your personal information are held, unless it is appropriate or necessary to keep your personal information. It may be necessary for Live Eyewear to retain your personal information even after you have closed your account if retention is reasonably necessary to comply with Live Eyewear’s legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce other legal agreements. When personal information is deleted or disposed of, it will be in a manner that prevents loss, theft, misuse, or unauthorized access.

Live Eyewear will disclose your personal information directly to you upon your written request; provided, however, that Live Eyewear may reject all or part of your request when: 1) the disclosure may lead a breach of applicable law and regulation, or 2) where you have failed to provide sufficient evidence to verify your identity.

Cookies
Live Eyewear’s online services use “cookies” and other tracking technologies such as web beacons. Cookies are text files that are placed on your computer when you visit the Live Eyewear web pages to make interacting with Live Eyewear’s website faster and easier. Cookies help Live Eyewear deliver the service you have requested and help it improve your experience of the Website. For example, Live Eyewear uses cookies to help identify and resolve errors, and to show related products when you browse. These cookies do not harm your computer.

What if I Disable Cookies?
Because Live Eyewear uses cookies across its websites, disabling them will prevent you from using parts of the sites. If you do not want cookies, you can set your browser to reject cookies or to notify you when any website attempts to place a cookie in your browser.

How do I Disable Cookies?
Although cookies are harmless, Live Eyewear understands that you may feel uncomfortable with them being sent without your explicit permission. To learn how to restrict or block cookies through your browser, see your browser’s Help.

Information Collected
The cookies used on the Website have been placed in categories, based on the guidelines found in the International Chamber of Commerce UK Cookie guide (PDF).

Category 1 – Strictly Necessary Cookies
These cookies are essential to enable you to browse the Website and use the features. Without these cookies, services like the shopping cart will not work.

Category 2 – Performance Cookies
These cookies collect information about how you use the Website – for instance, which pages you visit most. Live Eyewear may use cookies to find out which parts of its Website is visited most often and how easy its Website is to use. This data may be used to improve Live Eyewear’s Website. Live Eyewear and its Web Host use Google Analytics to collect this performance information. Live Eyewear may also use performance cookies to let affiliates know if you came to its Website from an affiliate and if your visit resulted in the purchase of a product, including details of the product purchased. These cookies do not collect information that identifies you. The information collected is merged for many users and is therefore anonymous.

Category 3 – Functional Cookies
These cookies allow Live Eyewear’s Website to remember the choices you make while browsing. For instance, Live Eyewear may store your region in a cookie to ensure that Live Eyewear shows its Website for your country. Cookies may also be used to keep track of featured products or videos you may have already viewed to avoid repetition. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites.

Category 4 – Targeting Cookies or Advertising Cookies
These cookies are used to deliver advertisements more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. They remember that you have visited this website and this information is shared with other organizations, such as advertisers.

Want to Know More?
If you want to learn more about cookies in general and how to manage them, visit AboutCookies.org. Please note that Live Eyewear cannot be responsible for the content of external websites. Alternatively, you can search the Internet for independent information on cookies.

Children’s Privacy
The Website is not aimed to attract children and its objective is not to collect personal information from children. Anyone under the age of 18 should not use this site unless supervised by an adult. Live Eyewear’s goal is to comply with applicable laws and regulations relating to collection and use of information from children, including the Children’s On-line Privacy Protection Act of the United States and other applicable laws or regulations.

California Online Privacy Protection Act and California Consumer Privacy Act 2018
Because Live Eyewear values your privacy it has taken the necessary precautions to be in compliance with the California Online Privacy Protection Act and the California Consumer Privacy Act 2018. It therefore will not distribute your personal information to outside parties without your consent, other than for the express purpose of delivering the purchased product or service requested. All users of the Website may make any changes to their information at any time by logging into their control panel and going to the “Edit Profile” page, may request a copy of their personal information held by Live Eyewear or may request that the information be deleted.  Please contact info@liveeyewear.com for any such requests.

Security of Personal Information
Do not send Live Eyewear your payment or personal information via email or other unsecured transmission systems. You should protect your personal information at all times. You will only be asked to provide your information to us in a secure fashion via the Website, fax, or phone.

Customers who buy through the ecommerce platform used by Live Eyewear are shopping on a secure server which encrypts customer’s credit card information and passwords. This makes it difficult for a third party to access or use your personal information in an unauthorized manner.

Live Eyewear makes security of your personal information a top priority. Live Eyewear uses firewalls to help prevent access to information in its system and Secure Socket Layers (“SSL”) to encrypt your personal information and protect it from disclosure, destruction, modification, or use.

Your Choices
You can decide whether or not to provide personal information to Live Eyewear and withdraw your consent to Live Eyewear processing your personal information at any time. However, if you do not provide personal information or withdraw such consent you may not be able to make purchases, enlist services or access certain offers or options that may be of benefit to you. At the time you provide your information, Live Eyewear will also offer you a choice as to whether or not you wish to receive further communications about special offers, product information, or other marketing messages. Live Eyewear may provide this information to its business partners and suppliers. If you choose not to receive these communications, Live Eyewear will not use your personally identifiable information for this purpose.

You may choose to unsubscribe from notices of special offers described in the preceding paragraph. Live Eyewear provides you with the ability to unsubscribe at any time via the unsubscribe instructions in the message received or by contacting us at info@liveeyewear.com.

Changes to this Privacy Statement
Without prejudice to your rights under applicable data protection or privacy law, Live Eyewear may amend this Privacy Statement from time-to-time, and such change is effective upon posting on this site.

Web Host Contact Information
If you would like to contact Live Eyewear or its Web Host with questions or comments concerning this Privacy Statement or if you feel your inquiry or request has not been addressed to your satisfaction, please contact Live Eyewear via email: info@liveeyewear.com or Live Eyewear’s Web Host via email: legal@WPEngine.com or mail: WPEngine Inc., Attn: Legal Department, 504 Lavaca St., Ste. 1000, Austin, TX 78701.