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Privacy Policy

DiversionX Eyewear, Inc. ("DiversionX Eyewear" or "we") operates this Site. This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of any personal information you submit to us through our Site, through email or through postal mail. "Personal Information" is information about you that is personally identifiable like your name, address, e-mail address, or phone number, as well as other non-public information that is associated with the foregoing. "Anonymous Information" means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons.

USER CONSENT

By accessing or otherwise using our Site, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy. Your Personal Information may be processed by DiversionX Eyewear in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.

COLLECTION OF PERSONAL INFORMATION

We collect Personal Information that you submit to us voluntarily through our Site, through email or through postal mail. The types of Personal Information we may collect are:

  • Names
  • Email address
  • Login information
  • Addresses
  • Phone numbers
  • Email subscription status
  • Order details (excluding credit card information)
  • Order history
  • Shipping details
  • Cookie settings ("remember me")
  • IP Address

If you send an email to DiversionX Eyewear, or fill out our "Contact Us" form on the Site, we will collect your email address and the full content of your email, including attached files, and other information you provide.

For all visitors: As you navigate our Site, certain information will also be passively collected, including Internet Protocol Addresses, Cookies and other navigational data. This type of information will be used for the purposes of gathering data to improve our Site, and to improve the quality of your experience when interacting with our Site.

We allow third-party companies to serve ads and/or collect certain information when you visit our websites. These companies may use information (e.g., browser type, time and date, subject of advertisements clicked or scrolled over) collected during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you.

An "Internet Protocol Address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session cookies to analyze our web page flow. For instance, we use your IP address to help diagnose problems with our server, and to administer our Site. Additionally, your IP address may be used to gather broad demographic information (e.g., number of users from Mexico).

"Cookies" are small pieces of information that a web site sends to your computer's hard drive while you are viewing a web site. DiversionX Eyewear may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Site. Persistent Cookies can be removed by following Internet browser help file directions. We use cookies to simplify the login process (e.g., if you want DiversionX Eyewear to 'remember you', so that you don't need to sign in the next time you visit the site). In order to use the DiversionX Eyewear services offered through the Site, your web browser must accept cookies. If you choose to disable Cookies, some areas of the Site may not work properly, and you will not be able to receive DiversionX Eyewear services.

USE OF PERSONAL INFORMATION

In general, Personal Information you provide to us is used to respond to requests that you make or to provide you DiversionX Eyewear services. We may combine the Personal Information we collect with additional publicly available information or information from other third-party sources. We may create Anonymous Information records from Personal Information by excluding information (such as your name) that make the information personally identifiable to you. We may use this Anonymous Information to analyze usage patterns and for statistical purposes. DiversionX Eyewear reserves the right to use and disclose Anonymous Information or Personal Information to third parties in its discretion. We only share such information with parties we consider to be widely regarded as well-established and reputable. Specifically, we share such information to be used for advertising purposes with Google and Facebook.

DISCLOSURE OF PERSONAL INFORMATION

We may share some or all of your Personal Information with our Affiliates (i.e., our parent company, any of its subsidiaries, joint ventures, or other companies under a common control), in which case we will require our Affiliates to honor this Privacy Policy. If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may use third parties to facilitate or outsource one or more aspects of the services that we provide to you and therefore we may provide some Personal Information directly to these service providers. These service providers are subject to confidentiality agreements with us that prohibit their use or disclosure of the information we provide them for any purpose other than to facilitate the specific outsourced service.

We may disclose your Personal Information to third party marketers for commercial purposes so that they can mail you information that may interest you. In these cases, the information we share will not be authorized for the purpose of contacting you by email or SMS.

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on DiversionX Eyewear; or (b) protect and defend the rights or property of DiversionX Eyewear or users of our Site.

YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION

We offer you choices regarding the collection, use and sharing of your Personal Information. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out." You may unsubscribe by following an "Unsubscribe" link provided in the footer of each email message from DiversionX Eyewear. If you unsubscribe, your address will no longer be listed in the publisher-accessible mailing list.

Should you wish to stop receiving printed catalogs from DiversionX Eyewear, please send your request via email to customersupport@diversionx.com and include your first and last name, and your physical mailing address. It may take up to eight (8) weeks to be removed from our catalog mailing list.

Should you wish to opt out of having Personal Information shared for advertising purposes, please send your request via email to customersupport@diversionx.com and include your first and last name and email address. It may take up to eight (8) weeks to be removed.

Despite your indicated e-mail preferences, we may send you administrative e-mails regarding our products or notices of any updates to our Privacy Policy.

REGARDING CHILDREN

Our Site is not designed for children under the age of 13. We do not intentionally gather Personal Information about visitors in this age group.

LINKS TO OTHER SITES

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

SECURITY

We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. However, no company, including DiversionX Eyewear, can fully eliminate security risks associated with Personal Information.

REVIEWING AND REVISING PERSONAL INFORMATION

Our Site provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the user and whenever we send information to the user that they've requested. The Site gives you options for removing your information from our database to not receive future communications or to no longer receive our service. 

CALIFORNIA PRIVACY RIGHTS

These additional disclosures apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“ CCPA ”) provides certain rights to California residents. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning.

  1. Notice of Collection.

As described above in the“Collection of Personal Information” section, we collect and use several categories of personal information about you for our business purposes. Some of this information is shared with our trusted service providers in order to improve your shopping experience and to complete your order.

  1. Request to Know / Request to Delete.

You have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your personal information over the past 12 months.

In the “Collection of Personal Information” section above, we disclose

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.

You also have the right to request that we disclose the specific pieces of personal information we collected about you. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The specific pieces of personal information DiversionX Eyewear has retained about you.

You also have the right to request that we delete any of your personal information that we collected from you and retained, with certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We reserve the right to retain and will not delete information that is necessary for us or our service providers to retain in order to:

  • Complete the transaction for which we collected the personal information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context which you provided it.
  1. How to Request to Know or Request to Delete

You can submit verified consumer requests by emailing (customersupport@diversionx.com). We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

  1. Right to Opt-Out.

You have a right to opt out of any sale of your personal information. DiversionX Eyewear does not sell your personal information to any other retailers. However, our website integrates technologies of trusted advertising partners (third-party companies) that allow the recognition of your device and the collection of information about your browsing activity in order to provide advertisements about goods and services likely to be of greater interest to you. In particular, these partners collect information about your activity on DiversionX Eyewear to enable us to show advertisements for our products and/or services to you on third-party websites and apps. If and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity. See the section on “Interest Based Advertising” above for information about how to opt out of interest based advertising.

  1. Authorized Agent.

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

  1. Right to Non-Discrimination.

You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights. We will never discriminate against you for exercising your privacy rights. However, there are certain functions of our website that are only available to account holders, such as online credit, certain promotions, and our loyalty program.

  1. Financial Incentives.

Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them. There are no penalties for requesting disclosure or opting out of sharing of your personal info. However, if you request to delete your data (delete your account) we can no longer offer you certain discounts and promotions that are tied to your account. The value we obtain from collecting and analyzing data about account holders’ use of the website and purchases is less than or equal to the value of the promotions and discounts we offer exclusively to those account holders. We also from time to time offer discounts connected to consumer’s submission of their email address or other personal information. The value of these discounts is greater than or equal to the value we obtain by being able to reach you about promotional offers. You can always opt out of our marketing emails or SMS messaging at any time.

  1. Shine the Light.

California Civil Code Section 1798.83 permits customers of DiversionX Eyewear who are California residents to request certain information regarding its disclosure of personally identifiable information to third parties for their direct marketing purposes. 

  1. Consumer Affairs.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Website, please send an email to customersupport@diversionx.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

CONTACT US

Should you have any questions or concerns regarding this Privacy Policy, please contact us at customersupport@diversionx.com.

PRIVACY POLICY UPDATES

This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page. If you object to any such changes, you must cease using our Site. Continued use of our Site following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Last Updated April 2021

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