Legacy Eye Care
Privacy Policy
Legacy Eyecare, LLC (“Legacy,” “we,” or “us”) is committed to respecting the privacy rights and concerns of all users of this website (the “Site”) (we refer to the Site and the services made available through the Site collectively as the “Site Features”). As such, we have established this Privacy Policy so that you can know our practices regarding the collection and use of information about visitors to the Site. The Site is intended to provide information and a number of different services to assist you in evaluating and shopping for various products sold by Legacy.

We use information that we collect from you to efficiently provide the Site Features. By visiting the Site or using any of the Site Features, your consent to Legacy’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is only applicable to the Site and not to any other website that you may be able to access from the Site which may have its own data collection and use practices and policies.

We collect several types of information from and about Legacy customers and Site browsers, including information:

• Directly from you when you provide it to us by which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“personal information”);
• That is about you but individually does not identify you;
• About your internet connection, the equipment you use to access our Site, and usage details. We collect this information automatically as you navigate through the site. Information collected may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
• From third parties, for example, our business partners.

HOW INFORMATION IS COLLECTED
• All users may visit the public areas of the Site without disclosing any personal information about themselves. However, in order to use certain Site Features, you may be asked for, or you may choose to provide, certain personally identifiable information (“PII”), such as your name, email address, mailing address, phone number and similar information. We will not collect PII from you while you use the Site Features unless you voluntarily provide it to us or authorize us to collect such information. When you complete a registration form to create a user account, we require you to provide us with relevant PII. If you choose to make purchases on this Site utilizing insurance coverage, you grant Legacy permission to contact the insurance provider, to verify your insurance coverage information, and to obtain authorization from your insurer regarding purchases made through this Site.

• We also collect certain types of information and ask for personal information in certain circumstances, such as when you set up a user account, [request custom alerts and notifications regarding particular products and product categories], indicate your favorite products, and search for products on the Site.

• Like many websites, we employ the use of “cookies” in certain areas of our Site to allow us to provide information that is targeted to your interests and make your online experience more convenient (for instance, by reducing the number of times you have to re-enter your password).

• We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (i) Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; (ii) Information about your computer and internet connection, including your IP address, operating system, and browser type.

• A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.

• Most cookies are “session cookies,” meaning that they are automatically deleted at the end of a session and you are always free to decline our cookies if your browser permits. You can still use the Site if your browser is set to reject cookies. If your browser is set to allow you to be notified when a cookie is to be placed on your browser, you will be able to decline the cookie or delete cookies that have been placed on your browser. For general information regarding opt-out, you can visit the Networking Advertising Initiative (NAI) at http://www.networkadvertising.org/. You can also find specific information regarding opting out of interest-based advertising that uses web browser and cookie information at this specific NAI webpage: http://www.networkadvertising.org/choices/. You may also check your web browser’s instructions. Some functions of our Site may not work or may work slowly if a cookie is refused.

HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, either through this Site, or in person, including any personal information:

• To present our Site and its contents to you.
• To provide you with information, products, or services.
• To fulfill any other purpose for which you provide it.
• To notify you about changes to our Site or our product offerings.

DISCLOSURE OF YOUR INFORMATION
We use information that we collect about you or that you provide to us, either through this Site, or in person, including any personal information:

• To fulfill the purpose for which you provide it.
• To send emails or regular mail to you in connection with your transaction (online or in-store transaction) or business relationship with us. For example, we may send email to you concerning special offers, promotions, and contact lens replenishment reminders. If you do not wish to receive special offers or promotional mailings, you may be removed from our email or regular mail lists through the use of any of the “Control of Your Information & Opt-Out Methods” listed below.
• If we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Use for the Site, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Site Features, or (iv) such action is appropriate to protect the rights, property or safety of Legacy, its employees, users of the Site Features or others.
• With service providers that we engage for the purpose of processing information on our and your behalf. We require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures. Examples of third party service providers include: customer relations management, appointment reminders and website maintenance vendors.
• With third parties in the form of aggregated non-personal information. This non-identifying information may include, for example, the patterns, trends, preferences, and other collective characteristics of our users. Disclosure of this information serves to help us and our marketing partners evaluate and tailor our communications, advertisements, services and general business practices to the needs of users of the Site Features.

HEALTH AND MEDICAL INFORMATION
Certain health and medical information about you is protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law. This information may be provided by you online or offline, or may be collected by us from other methods such as through a health care provider. Legacy protects covered health and medical information as required by HIPAA and applicable state law. Similarly, Legacy may use covered health and medical information as permitted by HIPAA and applicable state law.

To read more about Legacy’s privacy practices regarding health and medical information under HIPAA, please click here Notice of Privacy Practices. In the event of any conflict between Legacy’s HIPAA Notice of Privacy Practices and this Privacy Policy, the terms of our HIPAA Notice of Privacy Practices shall control.

CONTROL OF YOUR INFORMATION AND OPT-OUT METHODS
• Legacy will make good faith efforts to provide you with access to your PII and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup drives), or for which access is not otherwise required. Before we provide access to any data, including PII, or make any changes to it we will ask you to verify your identity or provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. We may keep a copy of information for our records. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Your right to review, update, correct, and delete your PII may be limited, subject to the law of your jurisdiction of residence: (i) if your requests are abusive or unreasonably excessive, (ii) where the rights or safety of another person or persons would be encroached upon, or (iii) if the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct and delete your information is also subject to our records retention policies and applicable law, including any statutory retention requirements.
• You may request us to correct, update or delete any of the information we have collected from you by sending an email to us at legal@legacyeyecare.com.
• [You may also request to be removed from any of our email lists by clicking on an unsubscribe link where provided on our emails and following the related instructions, or texting “STOP” in response to a text message.
• When you provide Legacy a phone number, we will send you transactional and healthcare related SMS messaging related to your eyecare.
• You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
• If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
• As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 3 promotional messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email at legal@legacyeyecare.com.

SECURITY
The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Legacy employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site Features. All Legacy personnel and contractors who have access to this information are trained (or required to be trained) in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Site Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

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

NOTIFICATION OF CHANGES
This Privacy Policy may change from time to time and we will post all changes on this page. Users are encouraged to check this page periodically for any material changes to this Privacy Policy. This Privacy Policy does not supersede or replace our HIPAA Privacy Notice found on the Site. Our HIPAA Privacy Notice addresses more specifically our privacy practices and a user’s rights concerning any health information that we may receive or maintain concerning the user.

MEDIATION
You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Site Features or this Privacy Policy that you and Legacy will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Douglas County, Nebraska with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you would otherwise be entitled to them.

QUESTIONS
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at the following address legal@legacyeyecare.com.

TERMS OF USE
Please read the Terms of Use governing the use of the Site and the Site Features

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