Privacy Policy | AQUAMAX

AQUAMAX PRIVACY POLICY

Effective Date: July 4, 2021

Your privacy, confidentiality, and the security of your personal information is very important to us. Aquamax Vision Corporation (“Aquamax,” “we,” or “us” in all forms and variations) designed this Privacy Policy to ensure that your personal information is handled in a safe and reasonable manner. Before we proceed, it is important that you read the Privacy Policy in full.

Most importantly, this Privacy Policy describes how we, Aquamax, collects, receives, uses, retains, and discloses personal data and personal health information from individuals that sign up for membership with Aquamax, and/or who order our products and services online (we refer to such individuals as “you”, “your” or “user” in all forms and variations). Personal data includes information about you that is personally identifying such as your name, email address, and phone number and which is not otherwise publicly available, as well as information that can be used to directly identify you, or information that is maintained together with information that can be used to directly identify you (“Personal Information”). Personal Health Information includes information about your health and medical care, including prescription information. Personal Data and Personal Health Information are collectively referred to as “Personal Data” under this Privacy Policy.

First, you attest that you are a United States citizen now residing within one of the fifty United States or its Territories and that you are over the age of 18. This Privacy Policy, along with the TERMS OF USE, creates an Agreement between you and Aquamax Vision Corporation.

We will not sell or otherwise provide your Personal Data to a third party, or make any other use of your Personal Data, for any purpose unless it is: (1) incidental to your use of our Website: Aquamax-vision.com; (2) it is necessary for you to avail yourself of the programs, products, and services that we offer; or (3) unless it is with your consent (which may include opting into our offerings or receiving information about our offerings.) For example, we will be redirecting you to vendors of services such as Visibly to verify your prescription, or to set up a vision test as necessary; or you will be asked to pay through PayPal, a common online vendor of payment services. We will not use your Personal Data for any purposes that a reasonable person would not expect given the programs, products and services we offer.

When You First Visit the Website We Will Initially Collect:

We may collect website visitors’ contact information (like an e-mail address). In addition, you may use the Website to sign up to be a member of Aquamax. You may sign up via our Website, through Google, or through Facebook. And you may opt out of allowing us to use this information to reach out to you. However, if you allow us to communicate with you, your information may be used:

To send news, information about our activities, and general promotional material which we believe may be useful to you.
To monitor who is accessing the website or using services offered on the website.
To profile the type of people accessing the website.

If you do not wish to have your Personal Data used in this manner or for any other specific purpose, you can unsubscribe here Unsubscribe Marketing Materials. However, that will affect how you can interact with our Website, and restrict you from ordering products, or signing up for a membership with us.

Cookie Notice:

We utilize cookies.

What is a Cookie?

Cookies are bits of code left behind on your computer, mobile phone, or tablet, which serve as electronic tags, scripts or beacons, allowing your website preferences to be stored. Cookies are used to collect information, where available, about your device, including tracking your IP address, noting your operating system, and browser type, and indicating how you have interacted with our Website. A cookie allows us to recognize whether you have visited before and may store user preferences and other data. Also, by remembering information about your visit to our website, cookies help personalize your experience and save you from having to reenter information about yourself or the preferences you’ve set. While cookies are used to identify users and devices, they only ever collect non-personal information such as IP addresses and device IDs.

Why We Use Cookies?

Cookies help make your engagement with the Website better, and we also use cookies to monitor traffic patterns and to serve you more efficiently when you return to our Website. You can set your browser to notify you when you receive a cookie and this will provide you with the opportunity to either accept or reject it in each instance.

Our websites use cookies to:

Store preferences you made and display content to you in a more personalized way
Gain insight into the nature of your interactions so we can tailor our content accordingly

We have a legitimate interest to use cookies so that we can show you materials and information we believe you might be interested in or that further your understanding of our products and programs. We also measure the effectiveness of Aquamax’s programs by this means. The following are types of cookies we use:

Per-session Cookies: We only use these while you are visiting our Website and they are deleted when you leave.
Persistent Cookies: These cookies stay on your computer until they expire or are deleted. We set automatic deletion dates so that we don’t keep your information for longer than we need to.
First and Third-Party Cookies: Whether a Cookie is ‘first’ or ‘third’ party refers to the website or domain placing the cookie. First party cookies are set by a website visited by you. Third-party cookies are set by a domain other than the one being visited by the user; for example, if a user visits a website and a separate company sets a cookie through that website this would be a third-party cookie.

How do you opt out of using cookies?

In your user settings on your device, which may be located under the ‘Options’, ‘Settings’ or ‘Preferences’ menu of your browser. If you are concerned about having cookies on your device, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your device. However, if you choose to block or delete cookies, certain features of Website may not operate optimally.

If you request that we do not use your Personal Data in a particular manner or at all, we will adopt all reasonable measures to observe your request, but we can disclose that information if:

We subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure.
We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions.
We are required by law to disclose the information.

All Personal Data that we collect (including your contact details and, if relevant, payment details) is kept confidential to the best of our ability. However, we cannot guarantee the security of transmission.

Automatically Collected Date for Product Orders or Membership:

When you want to buy our products, or participate in our memberships or programs, we or our third-party service providers may automatically receive and record certain data, including your device’s IP address, user-agent string, information about how you use our products and programs during your current session and over time (as well as tracking to pages you view and the files you download), the date and time of your visit, the length of time spent logged into our Website, the number and types of sessions completed, the links you click, searches you conduct, a view into other websites you may have visited before navigating to ours, your software and hardware attributes (including browser and operating system type and version, device type, and device identifiers), your email address, and your general location inferred from IP address. To obtain such data, we or our third-party service providers may use the following technologies to recognize your device and collect usage data:

Server Logs. When you use our products and programs, we automatically receive and record certain data from your computer (or other device) and your browser. To obtain such data, we may use server logs or applications that recognize your device and gather data about its online activity.
Cookies. We use essential cookies and analytics cookies {jump link to cookie notice} when engaging with our Website and its features.
Web Beacons Tags and Similar Technologies. Engagement with our Website, ordering products and looking into or signing up for membership with us, or the emails that you receive from us may use an application known as a ‘web beacon’ (also known as a ‘tag’ or ‘pixel’) and similar technologies. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data. For example, it may allow an email sender to determine whether a user has opened a particular email.

What Information Do We Collect From You?

We collect information from you when you register on the Website, place an order, sign up for a loyalty program or membership with us, respond to a survey or communication such as e-mail, or participate in another of our Website’s features. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information, contact lens prescription information or other information. You may, however, visit our site anonymously. We also collect information about use of our loyalty programs so that you can benefit from our discounts, for example. The information we collect is not otherwise used for marketing outreach unless you say we can reach out to you with our newsletters or other communications.

Aquamax works with service providers, like Visibly. Visibly offers you digital vision testing and other related services. They also will collect and use your Personal Data for purposes of enabling you to purchase Aquamax’s contact lenses.

The information we, or third parties on our behalf, collect to enable you to purchase products or for registering a membership for our rewards program, will begin when you register for an account. You will be asked to select a username and password.

We will also ask for the following Personal Data during the sign-up process:

Your full name
Your date of birth
Your address and zip code
Your telephone number
Your eye power numbers
Validation or verification of your prescription (using a third-party vendor) {add jump to Terms—validation of prescription section}

How Will My Personal Data Be Used?

Personal Data is used by Aquamax and its authorized service providers for the following purposes, including:

To create a user profile that is the basis of personalizing the experience to you.
To verify or validate your prescription.
To fulfill or meet the reason you provided the information. For example, when you schedule an appointment with Visibly (or other Aquamax authorized service providers).
If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop our Website, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments, to confirm and communicate with you about appointments and products, and to prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Website experience and to deliver content, product, program, and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Website, products, program, services, databases and other technology assets, and business.
For internal testing, analytics, research, product development, including to develop and improve our products, programs, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As is described to you when collecting your personal information.
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 about our users is among the assets transferred.
For other purposes not stated in this policy, with your consent.

Who may have access to my Personal Data?

Aquamax and its authorized service providers acting on Aquamax’s behalf have access to your Personal Data for purposes of providing you the products and programs we offer, to provide technical assistance to you, or to troubleshoot your account. We enable third-party service providers access to your Personal Data solely for the purpose of providing or optimizing the Website, and to support the programs, services, operations, and/or experiences for our users.

Third-party service providers are all under contract with Aquamax and bound to strictly adhere to keeping and maintaining your Personal Data confidential. For example, Aquamax uses webhosting companies to operate our Website and/or service vendors that assist with processing payments and/or for verifying or validating your prescription In addition, from time to time, Aquamax may provide your Personal Data to select third-party service providers for the purpose of data processing or specific functionality (e.g. analytics, or messaging like email or push notifications). However, Aquamax only provides your personal health information to service providers, like Visibly, that are compliant to privacy and security laws, regulations and requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) with whom we have a Business Associates Agreement, which is a specialized agreement assuring our service providers that process your personal health information strictly honor the confidentiality that information. Service providers that are not HIPAA compliant only process data that is anonymized, or de-identified and aggregated, so that your identity is not disclosed.

We May Have to Share your Personal Data for Legal purposes:

We also may use or provide your Personal Data to third parties when we believe that doing so is necessary for the following reasons.

To comply with applicable law or a court order, subpoena, or other legal process.
To investigate, prevent, or take action regarding illegal or prohibited activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party.
To establish, protect, or exercise our legal rights or defend against legal claims.
To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

How is My Personal Data Secured?

Handling your information securely and confidentially is extremely important to us. Aquamax uses physical, technical, and procedural mechanisms to prevent unauthorized access, use, and loss Personal Data. We have implemented appropriate physical, electronic, and administrative procedures to safeguard and prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

Thus, our goal is to provide you with a reasonable level of security based on general industry practices of companies in the same line of work, selling similar products and/or offering similar programs, as the products and programs you find on our Website. We further highly recommend that you use every precaution to protect your information when using the internet and any other links.

You can also help keep your data secure by:

Keeping your username and password in a secure place and not sharing it with others.
Not providing or sharing any unnecessary user inputs.
Keeping your software up-to-date, choosing strong passwords which are not easy to guess, using security protection software and avoiding unsecured public internet connections.

You can find more tips for staying safe online by going to: Consumer Online Safety.

How is My Financial Information Secured?

All transactions occur through PayPal’s secure server. We encourage you to review the PayPal Privacy Policy as well as the PayPal Website for your further information and details about how PayPal protects your information. We do not keep or maintain your credit card numbers or other sensitive information, which is otherwise stored with or used by PayPal to process your payments.

Where is my Personal Data Stored?

Our Website is hosted by Aquamax. This means that the data collected is held in a database managed by Aquamax, and hosted by Amazon Web Services (AWS) in a database housed in the United States. Aquamax, through AWS, retains your Personal Data (as the case may be) for so long as reasonably necessary to provide the Our products and programs service to you, or as otherwise required or permitted by law. For further questions you may have about that, contact us at policy@aquamaxcorp.com In addition, this is the link to Amazon’s privacy policy (AWS Privacy Policy): https://aws.amazon.com/privacy/, which we highly recommend that you review.

External Websites:

Our Website may include links to other websites or resources over which Aquamax does not have control (“External Websites”). Such links do not constitute an endorsement by Aquamax of those External Websites. You acknowledge that Aquamax is providing these links to you only as a convenience, and further agree that Aquamax is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies located on those External Websites. We highly recommend that you to read the privacy policy of any website that you visit before you provide any information to the operator of that website.

Right to Update Your Personal Information:

If you ever need to update or delete any information on file with us, you may call us at: 1-855-AQUAMAX, or 1-855-278-2629 or email us at policy@aquamax.com. If you need to update your information when re-ordering, you will have a chance to make changes to your payment information, shipping and billing address(es) at checkout.

Who can see what I write in Our products and programs?

Aquamax will not view the content of your posts regarding our products or programs, except for technical support or troubleshooting, making product improvements, or other legally required or permissible purposes as allowed by this policy.

For California Residents

Rights Under the California Consumer Privacy Act (CCPA):

Aquamax, at present, is exempt from having to comply with the CCPA. At such time as Aquamax’s status changes and it is no longer fitting within a legal exemption, the following California Consumer Act Privacy Notice (“CCPA Notice”) will apply with regard to personal information, as defined by the CCPA, that we collect, use, or disclose about you.

Our CCPA Notice (When applicable to Aquamax):

We may collect, use and disclose your personal information as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

We do not knowingly sell your personal information that we collect from you, in accordance with the definition of “sell” under the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third-party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of under the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs in our Cookie Notice. See section above titled: Cookie Notice. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising with the Digital Advertising Alliance or the Network Advertising Initiative. We do not represent that these third-party tools, programs or statements are complete or accurate.

We will not disclose or use your health information in any marketing activities where we would be compensated on a direct or indirect basis. Under the CCPA, if you are a California resident, you have the following rights:

Right to request a copy of personal information we’ve collected about you during the 12 months prior to your request
Right to request disclosure of our data collection and sales practices and if we sold or disclosed your personal information for a business purpose, providing you two separate lists disclosing:
Sales of personal information: identifying the personal information categories that each category of recipient purchaser bought; and
Disclosures for a business purpose: identifying the personal information categories that each category recipient obtained.
Right to request that your personal information be deleted
Right to request that your personal information not be sold to third parties
Right not to be discriminated against because you exercise any of the above rights.

You may only make a personal information request under the CCPA twice in a 12-month period. If you make such a request, we will need to collect information from you so that we can verify your identity. We will respond within 45 days of receiving your personal information request.

In addition, under California law, website operators are required to disclose how they respond to web browser ‘do not track’ signals or other similar mechanisms that provide consumers with the ability to exercise choice regarding the collection of personal information of a consumer over time and across third-party websites, to the extent the operator engages in that collection. We do not respond to any such ‘do not track’ signals, as no one ‘do not track’ standard has gained consensus.

This law also requires website operators to disclose whether third-parties may collect personal information about their users’ online activities over time and across different websites when the users use the operator’s website. We do not knowingly permit third parties to collect personal information about an individual consumer’s online activities over time and across different websites when a consumer uses our Website.

Third-parties that have content embedded on our Website (such as social networking features) may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited our Website from a certain IP address. These third-parties cannot collect any other personal information from our Website unless you provide it to them directly.

Right for Data to be Deleted:

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to 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 may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good 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.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
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 within bounds of the context in which you provided it.

Pledge of Non-Discrimination:

We will not discriminate against you for exercising any of your rights under this Privacy Policy generally, or under the CCPA specifically.

Unless permitted by the CCPA (for California residents) or as provided under applicable law in other states, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to this Privacy Policy:

Our Privacy Policy may change from time to time. If we decide to change our Privacy Policy, we will update the “Effective Date” at the top of this Privacy Policy. Your continued use of the Website following the posting of revised Privacy Policy update means that you accept and agree to the changes.

Contacting Aquamax:

If you have any questions regarding this policy or our privacy practices, please contact us at: policy@aquamax.com or call us at: 1-855-AQUAMAX, or 1-855-278-2629.