Legal

Privacy

Privacy

Last Updated: October 8th, 2024

 

Jimmy Fairly SAS (hereinafter referred to as “Jimmy Fairly”, “us,” “we,” “our,” or “Company”) created this U.S. Privacy Policy (“Privacy Policy”) to apply solely to U.S. users of our U.S. website located at https://us.jimmyfairly.com/, and all digital assets contained or offered therein (the “Website”), and through any offline activities (collectively, our “Services”), except as described below. This Privacy Policy describes, among other things, the types of information we collect from you (a “user” or “customer”) when you use our Services, how we use it, and how you can access your information.

 

This Privacy Policy is integrated into and supplements our U.S. Terms & Conditions (“Terms & Conditions”).  

By using the Services and providing us with your Information (defined below in Section I), you acknowledge and agree to the practices described in this Privacy Policy and the Terms & Conditions referenced above, and to the updates posted here from time to time.   

 

This Privacy Policy does not apply to information collected by or provided in connection with an individual’s application for employment, current or former employment, or independent contractor arrangement with Jimmy Fairly. 

This Privacy Policy applies to users located in the U.S. only. If you are coming to our Services from the European Union (EU)/European Economic Area (EEA) and would like to know more about how we collect, use, and process your Information, please see our Privacy Policy for Europe.

 

You may click on the following links to go directly to the corresponding sections of this Privacy Policy:

 

    1. Information We Collect About You

    2. How We Use Your Information

    3. Links to Other Websites

    4. Information Security

    5. Data Retention

    6. Your Choices

    7. Notice of Privacy Rights for Residents of Certain U.S. States

    8. Exercising Your Data Subject Rights

    9. Children’s Information

   10. Do Not Track Signals

   11. Changes to this Privacy Policy

   12. Contact Us

 

Information we collect about you 

The types of information we collect about you depends on how you interact with us and our Services. 

We may collect the following categories of information about you, which are described in more detail below: (A) information you provide to us, (B) information we may automatically collect, and (C) information we may receive from third parties. To the extent that this information includes, “Personal Information,” “Personal Data,” or “Consumer Health Data,” as defined under applicable law, this information is referred to collectively as “Information.”  Specifically, Information includes any information relating to an identified or identifiable natural person, who could be identified either directly or indirectly, including information that identifies the individual’s past, present, or future physical or mental health status. 

 

1. Information You Provide to Us 

 

  • In using our Services, such as when you register for an account, purchase products, or communicate us, you may provide us with Information, including, without limitation: 

  • Individual identifiers such as your name, account username, and date of birth, online identifiers such as a social media handle, and contact information such as your mailing address, phone number, and email address; 

  • Health or medical information such as your glasses prescription, and physical and other characteristics such as your pupillary distance for glasses and your sex or gender identity or expression; 

  • Financial information such as bank account, credit card, or debit card numbers;

  • Commercial information such as products or services purchased, obtained, or considered;

  • Information you provide when you communicate with us, including through email, live chat, text messages, and audio phone calls (sensory data), such as your opinions, survey feedback, and promotional contest/sweepstake submissions, your user preferences (for example, when you choose to receive updates or marketing information), and any other Information that you may share with us when you contact us; and

  • Additional Information you may provide for any purpose that may be described to you at the point of collection or pursuant to your consent.

 

Sensitive Information.  Depending on your use of the Services, you may provide us with certain Information that is deemed “sensitive information” or “sensitive data” under certain laws.  We may collect and process the following categories of sensitive information when you use our Services: 

 

  • Authentication data such as your account log in credentials, including unique identifiers such as username and password; 

  • Payment Information including debit or credit card information in combination with any required security or access code collected for purpose of processing payment for our products or Services;

  • Consumer Health Data (please see Consumer Health Data below);

 

When required by applicable law, Jimmy Fairly will obtain consent prior to processing certain categories of sensitive Information.

 

Consumer Health Data.  If you choose to purchase prescription glasses, we may need to collect or process Information that is deemed “Consumer Health Data” under certain laws. Specifically, we may process diagnostic or treatment information when you provide details about your glasses prescription, your treating providers, and any other information you provide to us related to medical services you receive from health care providers. This health-related information is collected directly from you when you provide it to us in electronic form on the Website by typing in your prescription details or uploading a copy of your prescription in the checkout process.

 

2. Information We May Automatically Collect About You 

We may automatically collect certain usage and technical Information about you as you navigate through our Website and use our Services.  This Information is used by Jimmy Fairly for the operation of the Services, to maintain quality of the Services, and to provide general statistics regarding use of the Services.  The categories of such Information may include: 

 

  • IP address, which is the number associated with the service through which you access the Internet, like your ISP (internet service provider);

  • Date and time of your visit or use of our Services;

  • Domain server from which you are using our Services;

  • Type of computer, web browsers, search engine used, operating system, or platform you use;

  • Data identifying the web pages you visited prior to and after visiting our website or use of our Services, including your search queries on the Website;

  • Your movement and activity within the website, which is aggregated with other Information; and

  • The type of device you use to access our Website, your operating system version, and the device identifier (or “UDID”).

 

3. Cookies & Technologies Used to Collect Information about you

 

We and/or certain providers operating on our behalf may collect information about your activity, or activity on devices associated with you over time, on our Website and across non-affiliated websites or online applications.  We may collect this Information by using certain technologies, such as cookies, web beacons, pixels, software developer kits, third party libraries, and other similar technologies. Third-party providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons.   

 

  • Cookies (or browser cookies).  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 Services.  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 website.  

 

  • Web Beacons.  Website pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).  We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services.  These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf.  Our Services use retargeting pixels from Google, Facebook, and other ad networks.  We also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails. 

 

  • Analytics and Fraud Detection.  Analytics are tools we may use, such as Google Analytics, to help provide us with information about traffic to our website and use of our Services, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network. We may also use reCAPTCHA, a tool which utilizes advanced risk analysis techniques to distinguish humans and bots in order to helpus protect our websites from fraud, spam, and abuse. You can view Google’s Privacy Practices here: Privacy Policy – Privacy & Terms – Google.

 

Our use of online tracking technologies may be considered a “sale” or “sharing” under certain laws.  To the extent that disclosing information to these online tracking technologies is deemed to be a “sale” or “sharing” under certain laws, you can opt out of these online tracking technologies by submitting a request via the Your Privacy Choices link or by broadcasting a Global Privacy Control (GPC) signal.  Please note that some features of our Website may not be available to you as a result of these choices.

 

4. Information We May Receive from Third Parties 

 

We may collect additional Information about you from third-party websites, social media platforms, and/or sources providing publicly available information to help us provide services to you, help prevent fraud, and for marketing and advertising purposes. 

This Privacy Policy only applies to Information collected by our Services.  We are not responsible for the privacy and security practices of other websites or social media platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies.  Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, social media platform, and/or content.

 

How we use your information

 

  1. Use and Purpose of Processing Your Information

 

We use and process your Information for things that may include, but are not limited to, the following:

 

  • To provide you with the Services and Information you request and to process orders;   

  • To respond to your inquiries and questions and provide customer service;

  • For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and other third parties, provided that you have not already opted-out of receiving such communications;

  • To tailor promotions, contests, surveys, or other promotional offerings for you;

  • To fulfill contracts we have with you;

  • To manage, improve, and foster relationships with third-party service providers, including vendors, suppliers, affiliates, and business partners; 

  • To maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;

  • To comply with our Terms and Conditions;

  • To compile analytics for business purposes and business intelligence;

  • To comply with any applicable laws and regulations and respond to lawful requests; and/or

  • For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.

 

We may also use Information that has been de-identified and/or aggregated for purposes not otherwise listed above.

 

  1. Disclosing Your Information

 

We may disclose your Information as described in this Privacy Policy in the following circumstances:

 

  • Service Providers, Contractors, and Data Analytics Providers.  We may disclose your Information to service providers, contractors, data analytics providers, and other parties that perform certain functions or services on our behalf (such as hosting the Services, managing databases, performing analyses, processing credit card payments, providing customer service, or sending communications for us).  Such Information shared may include identifiers and contact information, financial information, health information, commercial information, information about internet or other network activity, geolocation data, audio data, inference data. In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.  

 

  • Disclosure of Information for Legal and Administrative Reasons.  We may disclose your Information without notice:  (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property, or safety of the Company and our affiliates, and any of our respective officers, directors, employees, attorneys, agents, contractors, and partners, the Website Service users, and others; (v) to enforce or apply our Terms of Use, including but not limited to for billing and collection purposes; and (vi) to verify the identity of the user of our Services.

 

  • Business Transfers.  Your Information may be transferred, sold, or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.  

 

  • Information Shared with our Affiliates.  We may share your Information with our affiliates.

 

  • Business Partners.  We may share your Information with our business partners.

 

  • Contest or Promotion Participation.  If you choose to participate in a contest, promotion, or survey by voluntarily answering questions or completing a questionnaire that we offer on our Services, we may share and retain the answers and the Information contained in it for our branding, marketing, or research purposes.

 

  • De-Identified or Aggregated Data.  We may share your Information on an aggregated basis for any purpose in which your specific Information is blinded, masked, or otherwise not identifiable. 

 

  • Other.  We may disclose Information consistent with this Privacy Policy to fulfill the purpose for which you provided it, for any other purpose disclosed by us at the time of collection, or with your consent. 

 

3. Sale and Sharing of Your Information

 

For purposes of this Privacy Policy, “sell,” “sold,” or “sale” means the disclosure of Information for monetary or other valuable consideration but does not include, for example, the transfer of Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.  “Sharing” means disclosing or making available Information to a third-party for purposes of cross-context behavioral or targeted advertising.  While we do not disclose information to third parties in exchange for monetary compensation, we disclose identifiers, and Internet and network activity information to third-party advertising networks and analytics providers for purposes of marketing and advertising, and to improve and measure our ad campaigns.  Such disclosures may be considered “sales” or “sharing” of Information under applicable laws.  We do not sell or share sensitive Information (including Consumer Health Data), nor do we sell or share Information (including Consumer Health Data) about individuals we know are under age eighteen (18).  

 

4.  Use and Disclosure of Sensitive Information

 

We do not collect, use, or disclose sensitive Information beyond the purposes authorized by the applicable law.  Accordingly, we only use and disclose sensitive Information as reasonably necessary and proportionate:  (i) to perform our Services requested by you; (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents; (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct; (iv) to verify or maintain the quality and safety of our Services; (v) for compliance with our legal obligations; (vi) with our service providers who perform services on our behalf; and (vii) for purposes other than inferring characteristics about you.

 

Links to other websites 

Our Services may contain links to other websites or services that are not owned or controlled by us, including links to social media platforms such as Facebook, Pinterest, Snapchat, and TikTok (“Social Media Platforms”), or may redirect you off our website away from our Services.  

This Privacy Policy only applies to Information collected by our Services.  We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP address).  You should contact such third parties directly to determine their respective privacy policies.  Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

 

Information security 

 

We use commercially reasonable and appropriate administrative, physical, and technical security measures to provide our Services and safeguard your information.  However, no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure.  Therefore, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure.  We do not guarantee that your Information will not be misused by third parties.  We are not responsible for the circumvention of any privacy settings or security features.  You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

If you believe that your Information has been accessed or acquired by an unauthorized person, you should promptly contact us at wecare@jimmyfairly.com so that necessary measures can quickly be taken.

 

Data retention

We will retain your Information for as long as needed to provide you Services or to fulfill the purposes for which we collected it, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us.  We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.

 

Your choices

 

  1. Marketing Communications

 

If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe at any time or send us an email asking to be removed from our marketing email lists. This opt-out does not apply to non-promotional emails such as those relating to your product purchases and other transactions or matters relating to your account. If you opt in to receive messages from us by text when this option becomes available, you can unsubscribe from such messages at any time by replying STOP.  

  

2. Opting Out of Direct Marketing by Third Parties

 

To exercise choices regarding the marketing information you receive, including targeted advertising, please review the following links: 

 

  • You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices 

 

 

  • You can opt-out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.


 

 

 

 

 

 

Notice of privacy rights for residents of certain U.S. states.

Residents of certain U.S. states may have rights and choices regarding their Information. To the extent any data protection law applies to our collection of your Information, this supplemental section of our Privacy Policy outlines the individual rights you may be entitled to and how to exercise those rights.  

Depending on where you live and subject to certain exceptions, you may have some or all of the following rights.

  • Right to Know and Access.  You may have the right to request that we confirm whether we process your Information, and to request information about our collection and use of your Information, including whether we sell or share your Information.  You also have the right to request access to Information we may process about you, including a list of all third parties and affiliates with whom we have shared or sold Consumer Health Data.  

 

  • Right to Data Portability.  Where the processing is carried out by automated means, and subject to certain exceptions, you may have the right to request and obtain a copy of your Information that you previously provided to us in a portable format.  In addition, to the extent technically feasible, you may have the right to obtain your Information in a readily usable format that allows you to transmit the Information to another data controller without hindrance

 

  • Right to request Correction of Inaccurate Information.  To the extent that we may maintain inaccurate Information, you may have the right to request that we correct such inaccurate Information, taking into account the nature of the Information and the purposes of the processing of the Information.  

 

  • Right to Request Deletion.  You may have the right to request that we delete certain Information or records provided by or obtained about you, with certain exceptions and limitations as allowed under law.  

 

  • Right to Opt Out of the Sale and Sharing of Information.  You may have the right to opt out of the processing of your Information for the purpose of selling or sharing of your Information for cross-context behavioral advertising.  To the extent that our use of certain online tracking technologies is deemed to be a “sale” or “sharing” under certain data protection laws, you may opt out of these online tracking technologies by submitting a request via Your Privacy Choices or by broadcasting an opt-out preference signal, such as the Global Privacy Control (GPC).

 

  • Right to Opt-Out of the use of Information for Targeted Advertising and Profiling. You may have the right to opt out of the processing of your Information for purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. 

 

  • Right to Limit Use and Disclosure of Sensitive Information.  You may have the right to request that we limit the ways we use and disclose your sensitive Information to uses which are necessary for us to perform the Services, or deliver the goods reasonably expected by you, or and as authorized by law. As noted elsewhere we do not use or disclose your sensitive information other than for the permitted business purposes outlined above.  

 

  • Right to Non-Discrimination.  You may have a right to not be discriminated against in the Services or quality of Services you receive from us for exercising your rights.  We will not discriminate against you for exercising any of your rights in this section including denying goods or Services, charging different prices or rates for goods or Services, or providing a different level of quality of goods and Services.  However, we may at some time offer a different price, rate, level, quality, or selection of goods or Services, including offering goods or Services for no fee, if you have exercised your right to opt out or the offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.  

 

  • Right to Disclosure of Direct Marketers.  You may have a right to know the categories and names/addresses of third parties that have received Information for their direct marketing purposes upon simple request, and free of charge.

 

  • Right to Withdraw Consent.  You may have the right to withdraw consent from our collection and sharing of Information, including Consumer Health Data. 

 

  • Right to Appeal.  You may have the right to appeal our denial of any request you make under this section.  To exercise your right to appeal, please submit an appeal request via the information in the Contact Us section below or using the Your Privacy Choices form. Within the certain timeframe of receipt of your appeal, as proscribed by the applicable law we will inform you in writing of any action taken or not taken in response to your appeal, including a written explanation of the reasons for the decisions.  If we deny your appeal, you may contact the Attorney General or another authority which we will help you identify. 

 

To learn more about whether you are guaranteed certain rights, or to submit a request to exercise your rights, please contact us using any of the methods in the Contact Us section below. 

 

Exercising your data subject rights.

To exercise any of the rights described above, please submit a verifiable consumer request to us via the methods described below. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Information, or an authorized representative; and

 

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

To help protect your privacy and maintain security, if you request access to or deletion of your Information, we will take steps and may require you to provide certain information to verify your identity before granting you access to your Information or complying with your request.  In addition, if you ask us to provide you with specific pieces of Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Information is the subject of the request.  

If permitted by the applicable data protection law, you may use an authorized agent to submit requests on your behalf provided that the authorized agent is a natural person or a business entity that you have authorized to act on your behalf.  If you use an authorized agent, we will require: (1) proof of written permission for the authorized agent to make requests on your behalf, and identity verification from you; or (2) proof of power of attorney pursuant under applicable law. Only you or your authorized agent may make a verifiable consumer request related to your Information. We may deny a request from an authorized agent that does not submit proper verification proof. You may also make a verifiable consumer request on behalf of your minor child.  

Email us: wecare@jimmyfairly.com 

Write us: 23 rue du Mail, 75 002 Paris, FRANCE

Submit a data subject request using our online form at the Your Privacy Choices link. 

 

Children's information.

The Services are intended only for users over the age of eighteen (18).  If we become aware that a user is under eighteen (18) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us at wecare@jimmyfairly.com if you believe that we have mistakenly or unintentionally collected Information from a child under the age of eighteen (18).

 

“Do not track” signals.

We support “Do Not Track.”  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.  Do Not Track is different from Global Privacy Controls (“GPC”), which may notify websites of consumers’ privacy preferences regarding the sale or sharing of Information, or the use of sensitive personal Information.

Changes to this privacy policy.

We reserve the right to change, modify, or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes.  If we modify our Privacy Policy, we will update the “Last Updated Date” and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.  In some cases, we may provide you with more prominent notice (such as by adding a statement to our homepage or sending you an email notification).

Contact us.

If you have any questions about this Privacy Policy or the Information we have collected about you, please contact us at the following:

Email us: wecare@jimmyfairly.com

Write us: 23 rue du Mail, 75 002 Paris, FRANCE