LUXOTTICA PRIVACY POLICY

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This Privacy Policy (“Policy”) is effective as of January 1, 2020.

This Policy describes how Luxottica Canada Inc., including all direct and indirect subsidiaries (collectively “Luxottica,” “we,” “our,” or “us”), collect, use, and disclose information through our websites located at www.luxottica.com, www.oakley.com, www.sunglasshut.com, www.lenscrafters.com, www.targetoptical.com, www.pearlevision.com, www.searsoptical.com, www.oliverpeoples.com, www.persol.com/canada, www.vogue-eyewear.com/ca/, www.rayban.com, and any other websites that link to this Policy (collectively “Sites”) and certain other services as described below. Other Luxottica websites, products, and services may have their own privacy policies. This Policy applies to our Canadian Sites and services that link to this Policy.

HOW WE COLLECT THE INFORMATION

When using our Sites or our services, you may provide us with your personal information through a variety of methods, including the following:

• (1) via signups on our Sites, such as through the creation of an account;
• (2) from an online, email, retail, fax, or telephone purchase;
• (3) when you enter a sweepstakes, giveaway, contest, or other promotion, or complete a survey;
• (4) when you provide information at our stores;
• (5) upon contacting us, such as through customer service communications, including our online chat features;
• (6) upon signing up at an event;
• (7) upon registering a Luxottica product;
• (8) when you submit a business reply, product, or warranty card;
• (9) when you post material to the Sites, such as through product reviews; or
• (10) when you interact with us for any other purpose. Information that you provide through the Sites can be combined with the information that we collect from you in any other way.

We may also collect certain information automatically when you use the Sites, as described below.

We may receive information about you from third parties and combine it with information you have provided to us.

THE INFORMATION WE COLLECT

When you interact with us, we may collect information that you choose to provide, such as your name, address, email address, phone number, payment information, demographic information (such as your income level and gender), date of birth, information regarding your membership with other organizations (e.g., to provide discounts), photos and recordings, and any other information you choose to provide. If you contact our customer service department, you may need to provide us with additional information so that we can respond to your questions or concerns as completely and thoroughly as possible. If you create an account with us, we collect your username and password. If you are providing delivery information or other information which is not your own, then you must have that person’s permission to give us their information and for us to use and share it for the purposes specified.

When you make a purchase, we will collect your payment card, gift card, or other payment information. Luxottica takes reasonable steps to protect the security of payment card information such as by using tokenization, a storage technique which replaces payment card data with randomized identifiers.

If you apply for a job through one of our Sites, we will collect any information you provide in your application, including, but not limited to, educational background, employment history, and references.

Some of the affiliates and brands covered by this Policy may collect personal health information subject to provincial health information protection laws. If that is the case, we will issue a separate notice concerning your personal health information. Please visit that notice for information on our privacy practices, our legal duties, and your rights concerning your personal health information.

We (or third parties operating on the Sites) also may automatically collect technical information when you use our Sites (for example, browser version, IP address, Internet service provider, referring/exit pages, operating system, date/time stamp, clickstream data and reference site domain name, and customer traffic patterns and website usage). We may use cookies or similar technology to collect this information. See the “DIGITAL ADVERTISING & ANALYTICS” section of this Policy to learn more about the use of this information and the choices available to you.

HOW DO WE USE THIS INFORMATION

We may use the information we collect for any lawful purpose, including the following:

• (1) To process and fulfill your order, including sending you emails to confirm your order status and shipment, and to provide other related communications.
• (2) To administer a contest, promotion, survey, or other site feature, and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest).
• (3) To send you information/materials via email or mail about products, offers, and news we think could interest you. This information may relate to products, services, offers, and news of Luxottica products or other products and services. Please see “YOUR CHOICES” below for more information.
• (4) To operate and improve the Sites, including to analyze visits to the Sites and learn about our visitors so we can operate the Sites and improve our products and services and deliver the best user experience.
• (5) To communicate with you, including responding to your inquiries.
• (6) To comply with the law and to maintain the security of our Sites.
• (7) As otherwise disclosed at the time of collection or use.

When you make a purchase, you can choose to save your information to obtain a faster checkout for purchases and/or you can choose to receive emails, which provide you with information regarding our other products and services.

SHARING INFORMATION WITH THIRD PARTIES

We engage service providers, both in Canada and outside of Canada, to perform services in connection with the operation of our business. We may share personal information with service providers so that they can perform these services. Examples of these services include payment processing and authorization, text messaging services, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. 

In proceeding with your online order, you agree that any information associated with the order, such as the delivery name and address (if different from yours), will be processed using service providers.

Personal information collected through our Sites may be shared between the brands and affiliates that are owned or operated by Luxottica of America Inc.

We also share personal information with selected third parties for their own marketing purposes. See the “YOUR CHOICES” section of this Policy for more information.

We may release personal information if we believe in good faith that:

• (1) the law or legal process requires it;
• (2) we have received a valid administrative request from a law enforcement agency; or
• (3) such release is necessary or appropriate (in our sole discretion) to protect the rights, property, or safety of Luxottica, or any of our respective affiliates, service providers, customers, or others.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. By submitting your personal information or engaging with the Sites, you consent to this transfer, storage, or processing.

We may also share your information with your consent or as otherwise disclosed at the time of data collection or sharing.

As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, or the sale of all or a portion of our assets, or buying online stores or other assets, including at bankruptcy. In such transactions, information about customers will likely be transferred.

The Sites may allow you to provide comments in various sections of our Sites, such as in product reviews. Please be aware that the information you post in these areas may be available to visitors of the Sites and to the general public.

We share aggregated and de-identified information, or any other technical information, without limitation. For example, we may share aggregated demographic information about the Sites visitors with our affiliates, service providers or vendors, so that they can provide marketing analysis and consult on advertising strategies. We also may share technical information, such as the number of users who visited the Sites during a specific time period or who purchased a specific product through the Sites, with our marketing service providers, advertisers, and others from time to time. This information generally is shared in an aggregated form.

THIRD-PARTY LINKS & PLUG-IN

The Sites may provide links to third-party websites or apps, including our social media pages. We do not control the privacy practices of those websites or apps, and they are not covered by this Policy. You should review the privacy policies of other websites or apps that you use to learn about their data practices.

The Sites may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Sites, those social media companies may collect information about you and may use and share such information in accordance with their own policies, including by sharing such information with us or the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to read the privacy policies for any social media accounts you create and use.

CHILDREN'S PRIVACY

We understand the importance of protecting children’s privacy, especially in an online environment. Our Sites are not intentionally designed for or directed at children less than 13 years of age. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian

YOUR CHOICES

Subject to exceptions set out in privacy legislation, you may request to view, update, or correct your personal information by clicking HERE or by contacting our privacy office at the information provided in the “Contact” section below. In order to protect your privacy, we will take steps to verify your identity before granting you access to the information or enabling you to make corrections. Please keep in mind that certain information may be subject to exceptions if, for example, the information is protected by solicitor-client privilege, part of a formal dispute resolution process, about another individual that would reveal their personal information or confidential commercial information, or would be prohibitively expensive to provide.

To opt out of our email marketing or to unsubscribe from our email newsletters, you can contact our customer service department using the information in the "Contact" section below, or you can use the link provided at the bottom of each marketing message or newsletter. You may also send an email to the Privacy Office atprivacyoffice@luxotticaretail.com.  If you choose to opt out, you will continue to receive all email communications related to our transaction(s) and relationship with you.

If you would like to update your mailing information or want your name and address removed from our direct mailing list, you can contact our customer service department using the information in the “CONTACT” section below. 

WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at privacyoffice@luxotticaretail.com. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

DO NOT TRACK SIGNAL

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information.

DIGITAL ADVERTISING & ANALYTICS

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Sites and other sites or apps over time, sometimes referred to as “interest-based advertising” and “online behavioural advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the service (i.e., “retargeting”).

We may also work with service providers that collect data about your use of the Sites and other sites or apps over time for non-advertising purposes subject to their privacy policies. We use analytics providers such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visitwww.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Sites by going tohttp://tools.google.com/dlpage/gaoptout

INTEREST-BASED ADVERTISING AND CHOICE

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance of Canada’s (“DAAC”) Self-Regulatory Program for Online Behavioural Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visithttps://youradchoices.ca/en/tools

Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, seehttp://www.networkadvertising.org/choices. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.

Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). It may make the ads you see less relevant to your interests. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt out choices exercised through the DAAC tool. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Sites may not function as intended. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

TRACKING ACROSS TIME AND TECHNOLOGIES DISCLOSURE

Some information about your use of the service and certain third-party services may be collected using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the service and certain third-party services.

SECURITY

We maintain reasonable and appropriate safeguards to help protect your personal information from loss and from unauthorized acquisition. We monitor activity on our Sites to prevent any unauthorized disclosure of information. In addition, we utilize a licensed system for credit card authorization and fraud detection.

UPDATES TO POLICY

We may change this Policy at any time in our discretion. If we decide to change our Policy, we will post the changes on this page. Please review this page periodically to see any updates to the information provided here. This Policy was last updated on [January 1, 2020].

DISPUTE RESOLUTION

This Policy shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada without regard to principles of conflicts of laws.

Any dispute, claim or controversy among the parties arising out of or relating to this Policy shall be finally settled by arbitration in Mississauga, Ontario, Canada, in the English language, in accordance with the rules of the International Centre for Dispute Resolution Canada (ICDR Canada) then in effect and such resolution shall be final and binding upon the parties.  

THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF OR RELATING TO THIS POLICY.  THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND THAT THIS POLICY DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.  THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN MISSISSAUGA, ONTARIO, CANADA. 

The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in Mississauga, Ontario, Canada and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.

Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in Mississauga, Ontario, Canada and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.

CONSUMERS WITH DISABILITIES

To request this Policy in an alternative format, please reach out to us at the Contact information provided below.

CONTACT

If you have questions or wish to contact us about this Policy, please direct inquiries to:

Privacy Office
Luxottica of America Inc.
4000 Luxottica Place
Mason, Ohio 45040
Phone: 513-765-4321
Email:privacyoffice@luxotticaretail.com