PRIVACY POLICY
Last update: June 30, 2024
Luxury Optical Holdings Co. (“we”, “us”, or “our”) respects your privacy and understands the importance of protecting it.
This Privacy Notice (the “Privacy Notice”) describes the personal information we collect about you and how we use, disclose, maintain, and protect that information. This Privacy Notice applies when you visit our website morgenthalfrederics.com or use any platforms or websites that link to this Privacy Notice (collectively, the “Websites”), and to personal information about non-employees for corporate functions, such as marketing and recruiting. This Privacy Notice does not apply to certain information that is subject to health regulations, such as the Health Insurance Portability and Accountability Act.
If you have a disability which prevents you from electronically accessing this Privacy Notice and require it to be provided in alternative format (e.g., audio, large print), you can send us a message at our contact email listed below.
This Privacy Notice is incorporated by reference into our Terms of Service located at https://morgenthalfrederics.com/pages/terms-of-service.
Changes to the Privacy Notice
We may update portions of this Privacy Notice from time to time and will alert you that changes have been made by indicating on the Privacy Notice the date it was last updated or otherwise as required by applicable law. You can find the date of the last update at the top of the Privacy Notice. Keep in mind that your use of the Websites means that you accept the current version of this Privacy Notice as posted on the Websites at that time. We encourage you to re-visit this Privacy Notice on occasion to learn of any changes.
How to Contact Us
If you have questions or comments about this Privacy Notice, you can email us at privacy@morgenthalfrederics.com or write to us at:
Attn: Morgenthal Frederics
Luxury Optical Holdings Co.
234 West 39th Street
Floor 8
New York, NY 10018
Information We Collect
The types of personal information we may collect are described below. For the purposes of this Privacy Notice, personal information is any information about an identifiable individual and does not include aggregated or deidentified information.
Information You Provide
• Website Use: When you use our Websites (e.g., for shopping, contacting us, making a purchase, creating an account, etc.) personal information we collect includes your first and last name, home and shipping address, email address, phone number, date of birth, customer account number if you choose to provide it, shopping, purchase and payment history, username, password, security questions, account preferences, prescription details and any other information that you may choose to provide. We process your payment through our payment card processors and may receive the last four digits of your credit or debit card for recurring payments.
• Job Applicants: We use third-party sites such as LinkedIn and Indeed for recruiting (“Third-Party Recruiting Platforms”). When you apply for a job through a Third-Party Recruiting Platform, personal information we receive includes information about your work history, work authorization status, education, skills, professional licenses, permits or certifications, and references, as well as information in any documents you may choose to provide, such as a CV, resume or cover letter, and any other information you choose to provide to us. If we offer you employment, you may be required to complete a background check and other screenings prior to beginning work.
When we obtain personal information about you from third parties, including Third-Party Recruiting Platforms, and our payment processors who collect payment information, your provision of, and our receipt of your personal information will be governed by those parties’ own notices and applicable laws. We will use the personal information we receive in accordance with this Privacy Notice.
Information Automatically Collected:
When you visit our Websites, we may automatically collect information that is linked to your computer or device but does not directly identify you personally including IP address, the type of browser or device that you are using, referring and exit pages, domain and other system settings and operating system, as well as information regarding how you interact with the Websites including the date and time of your visits, links clicked, which pages you viewed on the Websites, and the frequency of your visits to the Websites.
Sources of Information
We collect some of the information described above directly from you when you provide it to us, for example, when you make a purchase, create an account, sign up for updates on our Website complete forms or surveys on our Websites, or send us emails or messages.
We also collect your information from third parties described in this Privacy Notice. We will treat any information we obtain from third parties in accordance with this Privacy Notice. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Links and Sites.
We also use, and sometimes allow third parties to use, technologies such as cookies, pixels, tags, and similar technology to automatically collect certain information from you.
Cookies and Other Tracking Technologies
We and, in some cases our third-party service providers, use cookies and similar tracking technologies like pixels for different purposes, including to make our Websites function properly, to run analytics and better understand how our Websites are used, to count the number of visitors, and to learn how the Websites may be improved. We may also permit third parties and services providers to use cookies on our Websites to better tailor the advertising on our Websites and other websites.
We may use the following types of cookies:
Type of Cookie What it does
Necessary We use necessary cookies to help make the Websites usable by enabling basic functions like page navigation and access to secure areas of the Websites. The Websites cannot function properly without these cookies.
Functional We use functional cookies to record information about the choices you have made and to allow us to tailor the Websites to you. These cookies mean that when you continue to use or come back to the Websites, we can provide you with our services as you have asked for them to be provided.
Analytics We use analytics cookies from Google Analytics to help us understand how our visitors use our Websites. These cookies can provide us with information to help us understand which parts of the Websites interest our visitors and if they experience any errors. We use these cookies to test different designs and features for our Websites and we also use them to help us monitor how visitors reach the Websites. For more information on Google Analytics, visit Google’s information page.
Advertising We use cookies set through our Websites by our advertising partners to show you relevant advertisements on other websites. If you do not allow these cookies, you will still see ads, but they will be less relevant to your interests.
Social Media We use cookies set by social media services that we have integrated into our Websites to allow visitors to interact with and share content via these platforms.
For information regarding how to remove, reject, or opt out of the use of cookies, see the section Your Choices below.
How We Use Your Personal Information
We may use the personal information we collect for the following purposes:
• To provide you with our products and services or otherwise fulfill our contractual obligations to you;
• To process your payment and fulfill your orders;
• To communicate with you, respond to your inquiries, and provide support regarding your transactions, appointments, and concerns;
• To create, maintain, customize, and secure your account with us;
• To provide you with optical measurements and adjustments;
• To determine your eligibility for a position with us if you apply for a job;
• To maintain and improve our Websites, monitor our Websites’ performance, understand how the Websites are used, and optimize your user experience with our Websites;
• To provide you with information regarding our products or services, events or news, or other developments that you request from us or that may be of interest to you;
• To market our products and services to you, including without limitation, by using analytics for marketing analysis and to analyze consumer behavior and to send more targeted marketing content to visitors of our Websites;
• To notify you about changes to our Websites or any products or services we offer or provide through it;
• If we believe it is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including without limitation to enforce or apply our Terms of Service, our Privacy Notice, or any other contract, such as for billing and collections;
• For testing, research, and analysis;
• 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; and
• For any other purpose you consent to when we collect the information
SMS communications
We may use SMS to communicate with customers including examples listed below:
• To provide you with our products and services or otherwise fulfill our contractual obligations to you;
• To process your payment and fulfill your orders;
• To communicate with you, respond to your inquiries, and provide support regarding your transactions, appointments, and concerns;
• To provide you with optical measurements and adjustments;
• Phone numbers provided for the purpose of SMS opt-in communications are not being shared with third parties/affiliates;
• If you wish to opt out of SMS messaging, you can opt-out at any time by texting "STOP." For assistance, text "HELP." Message and data rates may apply. Messaging frequency may vary.
Security and Retention of Your Information
We maintain appropriate technical and organizational measures to help protect the personal information that we collect from unauthorized disclosure or access and accidental or unlawful destruction, loss and alteration while it is under our control. However, we cannot ensure or warrant the security of any personal information during their transmission to the Websites or to us.
We will keep your personal information for as long as is necessary:
• For the purposes for which the information was collected;
• To maintain your account and provide our products and services to you;
• As business records reasonably retained in the normal course of business;
• To respond to any questions, complaints or claims that may be made by you or on your behalf;
• To keep records required by law; or
• To comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Different retention periods apply for different types of personal information we collect.
How We Share and Disclose Information
We may disclose your personal information in the following circumstances:
• To our subsidiaries and affiliated companies for marketing or administrative purposes;
• To our joint or sponsored partners or vendors for events or registration purposes;
• To contractors, service providers, and other third parties we use to support our business, including maintaining our Websites, managing our marketing and customer relationships, providing our products and services to our customers such as our virtual try-on services, email and document management, shipping, or payment processing;
• To a third party when we believe in good faith that it is necessary to investigate fraud;
• To law enforcement, governmental agencies, or regulatory bodies when we reasonably believe disclosure is required or permitted by law, regulation, or legal process;
• To a buyer or other successor of our business in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets; or
• To any other third party with your consent, at your request, or if we believe doing so is reasonably necessary to protect us or others
Your Choices
You may opt out of promotional communications at any time by following the unsubscribe instructions included in the communications we send you or by contacting us via email at privacy@morgenthalfrederics.com. You also may reply to any email you receive from us asking to be omitted from future marketing email distributions. This opt-out does not apply to information provided to us as part of a product purchase, warranty registration, product service experience, or other transactions between you and us.
You can set your browser to remove or reject cookies through your browser controls which are often found in your browser’s “Tools” or “Preferences” menu, but doing so may limit certain functionalities on the Websites. The exact process required to opt out depends on the type of browser and/or device you are using.
If you wish to opt out of the use of cookies by third parties, you can do so either directly from their website or through an industry-developed web page that allows you to opt out of third-party cookies. If you go to www.aboutads.info/choices, you can learn how to exercise choice regarding the collection of information about your online activities over time and across multiple third-party websites, online services, devices, and applications for interest-based advertising purposes.
For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
Your Rights
Depending on where you reside, you may have certain rights in relation to your personal information under applicable privacy laws. You are not obligated to provide us your personal information. However, if the personal information is necessary to process your order, reply to your inquiries or otherwise provide our products and services, we may not be able to assist you without it.
You may have the right to review, update, correct, access, obtain a copy of, port, or delete the personal information we process related to you. You may also have the right to restrict or limit the ways in which your personal information is processed, and the right to object to the processing of your personal information in certain circumstances. You may also have the right to designate someone to submit a request on your behalf as your authorized agent.
You or your authorized agent can submit a request by contacting us using the information provided above in the section How to Contact Us or submitting a request via web form.
We will process your request to the extent required by applicable laws. We may ask you for additional information to verify your identity such as your name and email address. We reserve the right to deny or restrict fulfillment of your request in certain cases, such as when your access to personal information places another individual’s privacy rights at risk, or the continued processing or your personal information is necessary to comply with a legal obligation. If so, we will notify you of the reason(s) for this denial. You or your authorized agent may have the right to appeal a decision denying your request and can do so by contacting us using the information provided above in the section How to Contact Us.
Targeted Behavioral Advertising
The way that we and third parties use cookies and other tracking technologies to show you ads about our products on other websites, applications, and online services may be considered targeted advertising or cross-context behavioral advertising under certain US privacy laws. While we do not sell your personal information in the traditional sense, (i.e., in exchange for money), our disclosure to third parties for advertising and analytics purposes may be considered a “sale” or “sharing” under these laws. We do not use your personal information to create a profile or for automated decision making that could produce a legal or significant effect on you.
The Websites recognize the Global Privacy Control signal.
Notice to California Residents
The California Consumer Privacy Act as amended by the Consumer Privacy Rights Act (the “CCPA”) applies to the collection, use, and disclosure of “personal information” collected from California residents (as that term is defined by the CCPA).
If you are a California resident, the CCPA requires us to disclose to you the categories of personal information we collect, our business and commercial purposes for collecting, using, sharing, or selling such personal information, the categories of sources from which we collect personal information, the categories of personal information we have disclosed, shared, or sold for a business or commercial purpose in the preceding 12 months, and the categories of third parties with whom we share personal information. We have provided these disclosures in this Privacy Notice, and below are additional details.
In the preceding twelve (12) months, the personal information that we have collected, which we describe in more detail above in the section Information We Collect, fall into the following categories under the CCPA:
• Identifiers;
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
• Protected classification characteristics under California or federal law;
• Commercial information;
• Internet or other similar network activity;
• Geolocation data;
• Sensory data (e.g., visual images or audio recordings shared via social media);
• Professional or employment-related information; and
• Inferences drawn from other personal information.
We obtain the personal information listed above from the following categories of sources:
• Directly from you;
• Directly and indirectly from activity on the Websites; and
• From third parties and business partners that interact with us and our affiliates and subsidiaries in connection with the products and services we provide.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business or commercial purpose:
• Identifiers;
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
• Protected classification characteristics under California or federal law;
• Commercial information;
• Internet or other similar network activity;
• Geolocation data;
• Sensory data (e.g., visual images or audio recordings shared via social media);
• Professional or employment-related information; and
• Inferences drawn from other personal information.
We disclose personal information for business or commercial purposes to the following categories of third parties:
• Our affiliates and subsidiaries;
• Service providers; and
• Third parties to whom you or your agents authorized us to disclose personal information in connection with the products or services we provide to you.
While we do not disclose Personal Information to third parties in exchange for monetary compensation, our use of third-party ad and analytics cookies and other tools means we may “sell” or “share” Personal Information as defined under the CCPA. In the past 12 months we may have “sold” or “shared” the following categories of Personal Information:
• Identifiers; and
• Internet or other electronic network activity information.
We disclose these categories of personal information to affiliates, third-party advertising networks, analytics providers, and social networks for purposes of marketing and advertising.
We do not sell or share personal information about individuals we know are under age sixteen (16).
We do not engage in uses or disclosures of “sensitive Personal Information” that would trigger the right to limit use of sensitive Personal Information under the CCPA.
Your rights and choices under the CCPA
Under the CCPA, you or an authorized agent acting on your behalf, may have the right to: (i) know information regarding the personal information we collect and request access to your personal information, (ii) know what personal information we sell or share and to whom, (iii) request deletion of your personal information, (iv) request correction of inaccurate personal information, (v) opt out of the “sale” and/or “sharing” of your personal information (as those terms are defined by the CCPA), and (vi) not be discriminated against for opting out or exercising any of your rights under the CCPA. If you submit a request, we may ask you to provide certain information to compare against our records to verify your identity and respond to your requests such as your email address or phone number. We will endeavor to respond to your requests within forty-five (45) days of receipt of your request, after proper verification, unless we need additional time, in which case we will let you know.
You may submit a request under the CCPA by:
o Submitting a request via web form
o Emailing us at privacy@morgenthalfrederics.com; or
o Submitting a letter to the address provided in the Contact Information section.
Non-discrimination
We will not discriminate against you for exercising any of your CCPA rights.
Financial incentives
We provide special rewards, incentives, offers and benefits to consumers who sign up to receive communications from us via email, text, chat, and social media (the “Programs”). Information we request when consumers sign up may include name, address, email address, and phone number. Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under the CCPA.
Depending on the program, you may opt-in online by providing your personal information and agreeing to the terms and conditions. You may withdraw from participating in a Program at any time by contacting us by using the unsubscribe methods provided for that communication channel.
We generally do not treat consumers differently if they exercise a privacy right under California law. However, where you need to voluntarily provide the personal information requested to participate in the Program, we are offering you a benefit that is reasonably related to the value of your information to us in connection with the benefit. Our reasonable determination of the estimated value of the personal information you provide to us when you sign up for that benefit takes into consideration a number of factors, including, among other things, our estimates regarding the anticipated revenue generated from the personal information and the actual and anticipated expenses that we incur in the collection, storage, and use of such personal information in connection with our services.
International Users
We are based in the United States and store your personal information in the United States and Canada. The Websites are intended for use by individuals located in the United States. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk and you are responsible for compliance with applicable laws.
When you access the Websites, you understand and acknowledge that we may transfer, process and store information about you in the United States and Canada. By providing us with your information, you consent to the transfer to, and to the processing and storage of your information in countries outside of your country of residence, which may have different data protect laws than those in the country in which you reside.
Third Party Links and Sites
Our Websites may contain links to other websites and services operated by third parties. For example, the Websites may include links to third-party social media sites, including without limitation Facebook, X formerly known as Twitter, and LinkedIn. Similarly, we may use other third-party service providers such as for payment who have separate websites you will be required to visit to use our services. These third-party websites or services are not subject to our Privacy Notice, and if you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites.
Children’s Data
Our Websites, products, and services are not intended for use by anyone under the age of sixteen (16) years old. We do not knowingly collect personal information from children under 16. If you believe we collected information from or about a child under 16, please contact us at privacy@morgenthalfrederics.com.