ZENNI OPTICAL PRIVACY POLICY

Last Updated: July 15, 2023

Zenni Optical, Inc. (“Zenni,” “Company,” “us,” “we,” or “our”) respects the privacy of individuals who provide us with personal information by visiting our website, using our apps, Services or purchasing our products. This Privacy Policy explains how we collect, use, share your personal information, the rights and choices you may have with respect to your personal information, and how to assert those rights.

By accessing, visiting or using our Services, you acknowledge this Privacy Policy and agree to our Terms of Use. If you are not comfortable with any part of this Policy or do not agree with the Terms of Use, please immediately discontinue access or use of our Services.

We may make changes to this Privacy Policy from time to time. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last updated. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. If we make material changes to the Privacy Policy, then we will notify users by posting a notice on our website and/or via email prior to such use or by other means as required by law.

We may also provide “just-in-time” disclosure or additional information about our information collection, use, and sharing practices of specific Services. These notices may supplement or clarify our privacy practices or provide you with additional choices about how we process your personal information.

TABLE OF CONTENTS

APPLICABILITY AND SCOPE
PERSONAL INFORMATION WE COLLECT
COOKIES AND OTHER TRACKING TECHNOLOGIES
HOW WE USE YOUR PERSONAL INFORMATION
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
THIRD PARTY LINKS AND CONTENT
YOUR CHOICES AND PRIVACY RIGHTS
CHILDREN
RETENTION
SECURITY OF YOUR PERSONAL INFORMATION
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
NOTICE OF FINANCIAL INCENTIVE
CALIFORNIA CONSUMERS PRIVACY NOTICE
ADDITIONAL NOTICE TO INDIVIDUALS IN CANADA
ADDITIONAL NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, AND SWITZERLAND
HOW TO CONTACT US

APPLICABILITY AND SCOPE

This Privacy Policy applies to all personal information that we collect during any written, electronic, or oral communications when you access and interact with our website located at www.zennioptical.com , and any apps, Services, other websites, pages, features or content we own or operate (collectively, the “Site(s)”), and when you interact with other products or services that direct you to this Policy (collectively, including the Sites, the “Services”).
This Privacy Policy does not apply to the personal information we collect from employees, contractors, job applicants, owners, directors or officers of Zenni. For California residents, if you are applying for a job at Zenni, please see our California Job Applicant Privacy Policy
PERSONAL INFORMATION WE COLLECT

We collect certain personal information when you use our Services. Personal information is typically data that identifies an individual or relates to an identifiable individual. The definition of personal information (used interchangeably with “personal data”) depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Policy. The personal information that we collect depends on your interactions with us, and the choices you make.
Information You Voluntarily Provide.The types of personal information that we or third-party service providers who assist us (in providing, maintaining, and operating our Services) may collect from you include:
- Account Registration. We may collect information relating to the creation of an account, such as your first and last name and email address.
- Order Placement. We may collect your personal information when you place an order through our Services, including, for example, your first and last name, delivery address, postal code, email address, phone number, payment account or credit card information. In order to process your order, we may collect your eye glass prescription data and certain measurements regarding your eyes, vision, vision health, and needs for eyeglasses. If you share any sensitive information through our Services, such as information about your medical or health conditions, we will handle, process and share this information in accordance with all applicable legal and regulatory requirements.
- Payment Information. When you place orders, purchase, send or reload gift cards, we may collect your payment card information, shipping and billing addresses, and phone numbers.
- Customer Support. When you engage with our support team and customer support providers, we may collect records, copies of your correspondence (including email addresses), or additional information you choose to share with us.
- Zenni Frame Fit™, Virtual Try-On, and Pupillary Distance (“PD”) Measurement. We may collect your photographs, videos, and/or facial scans if you choose to use the Zenni Frame Fit™, Virtual Try-On, and Pupillary Distance (“PD”) Measurement services. These services use the photographs, videos, and/or facial scans that you share with us, or allow us to capture through your devices to create a digital reconstruction of your face to show how you would look wearing a particular pair of glasses or to calculate a PD measurement, which is needed to make prescription eyeglass lenses. We utilize third-party service providers (i.e. Luna) and APIs (i.e. Apple TrueDepth API) to facilitate the visual image capture and calculation. We will seek your consent prior to such collection. For more details, please see our Notice of Collection of Facial Information
- Newsletter Sign-ups. You may choose to provide us your email address if you wish to receive promotional emails from us with news & exclusive offers.
- Promotional Events. If you choose to participate in a Promotion, we will collect and store the personal information you provide in connection with your participation in the Promotion, which may include, your name, email address, and/or phone number.
- Web Forms. We may collect your name, email, phone number, company name, job title, and other additional information you choose to provide when you inquire about our products, Services, programs, or would like to get in touch with us or our customer support providers for other matters. If you provide contact information, we may contact you to respond to your inquires, to learn about your level of interest in, or satisfaction with our Services.
- Blog and Forums.We offer publicly accessible blogs, posts and community forums. If you post information on public areas of the Services that information may be collected and used by Zenni, other users of the Services, and the public generally. We strongly recommend that you do not post any information through the Services that allows strangers to identify or locate you or that you otherwise do not want to share with the public. To request the removal of your personal information from our blog or community forum, please contact us as described in the “How to Contact Us” section
- Surveys. We may provide you the opportunity to participate in surveys. If you participate, we may request certain personal information from you. Participation in these surveys is entirely voluntary. The requested information typically includes contact information (such as name and email address). We use this information to improve our services and product offerings.
- Refer a Friend Program. You may provide us with the names and email addresses of your friends and contacts if you use our “Refer a Friend” program on our Services. We will only use the email address you provide for your friend or contact for the limited purpose of sending the applicable invitation, link or communication.
- Affiliate and Influencer Programs. When you opt to participate our affiliate advertising or social media influencer programs, we may collect your name, email address, company information, address and any other personal information you provide.
Information We Automatically Collect.To the extent permitted under the applicable law, we may automatically collect certain type of personal information about you when you use the Site or interact with the Services.
- Usage Data. When you browse our Sites, we automatically collect log data such as your web request, Internet Protocol (“IP”) address, browser type, domain names, referring and exit pages and URLs, pages viewed and the order of these page views, the date and time you access our servers, and other diagnostic data.
- Device Information. When you use your desktop or mobile devices to access our Services, we may be able to identify your device’s unique device identifier, MAC address, operating system, and your mobile device’s advertising ID.
- Location Information. When you use our Services, we may infer the generic physical location and geographic regions of your device from your Wi-Fi, Bluetooth and other device settings. For example, your IP address may indicate your general geographic region. Upon your permission, we may collect your mobile device’s precise geo-location to find the closest restaurants near you. You may choose not to share your location details with us by adjusting your mobile or desktop device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
COOKIES AND OTHER TRACKING TECHNOLOGIES

We may automatically collect information from you when you use the Site using “cookies” and other similar technologies, such as web beacons (“Tracking Technologies”), to automatically collect information about you when you use the Site and to personalize your experience with our Services. We and third-party businesses on our behalf, may use Tracking Technologies to help us customize your experience and better manage content on our Sites,

Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time. Information that may be collected by cookies when you use the Site may include, without limitation: the pages you visit within the Site; the date and time of your visit to the Site; the amount of time you spend using the Site; the IP address used to connect your computer to the Internet; and/or your computer and connection information such as your browser type and version, operating system and platform.
Generally, we use first-party and third-party cookies for the following purposes: to make our Services function properly; to provide a secure browsing experience during your use of our Services; to collect passive information about your use of our Services; to measure how you interact with our marketing campaigns; to help us improve our Services; and to remember your preferences for your convenience.

We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party's website for more information on how they use cookies. We use the following types of cookies on our Services:
- Strictly Necessary Cookies. These cookies are essential because they enable you to use our Services. For example, strictly necessary cookies allow you to access secure areas on our Services. Without these cookies, some services cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Services to work and they cannot be disabled.
- Functional Cookies. We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Services. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.
- Performance or Analytic Cookies. We may work with third-party analytics services to help us understand how the Site is being used, such as tracking the frequency and duration of use of the Site. We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect information about your use of the Site. Google and these analytics services may use cookies to collect information about the content you view, what websites you visit immediately prior to and after visiting the Site, and your system information and geographic information. The information generated by these cookies about your use of the Site will be transmitted to and stored by the applicable analytics services. The information collected by these analytics services allows us to analyze your use of the Site.
- Advertising or Targeting Cookies. These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant advertising on other sites. You may disable the use of these cookies as set forth below.
HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for the following business and commercial purposes, unless restricted by applicable law:
1. To Fulfill Orders and To Provide Our Services.
2. To Provide You with Service-Related Communications.
3. To Provide Customer Support or Respond to You.
4. To Provide Marketing Communications.
5. To Research and Develop of Our Services.
6. To Personalize Your Experience.
7. To Facilitate Corporate Acquisitions, Mergers and Transactions.
8. To Enforce Compliance with Our Terms, Agreements and Policies.
9. To Ensure the Security of the Services.
10. To Maintain Legal and Regulatory Compliance.
11. For Promotional Events.
12. With Your Consent.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your personal information as described below:
1. Within Our Corporate Organization.
2. With Our Service Providers and Business Partners.
3. Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies.
4. During Business Transfers; Bankruptcy.
5. With Marketing Partners.
6. With Your Consent.
THIRD PARTY LINKS AND CONTENT

The Services may include links to other third party websites and content from third party businesses. Zenni does not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use. We are not responsible for the privacy practices of these third parties or the content on any third-party website. You are encouraged to review the privacy policies of the different websites you visit and of the advertisers whose ads you may choose to click while on our Services (see section 2 above for additional information about online advertising).
1. Social Media Services. The Services may include links to social media services or their features, such as sharing buttons, that will enable you to post comments, stories, reviews or other information on applicable social media websites. Your use of these social media services may result in the collection or sharing of your personal information by these social media services. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those social media services.
2. Third-Party Review Services. You may also provide information directly to third parties through the Services if you elect to use the third-party review service that we offer through the Services, Reseller Ratings by Answers. You are not required to use the Reseller Ratings by Answers service, but you may elect to do so by opting in and providing your email address. A copy of the Reseller Ratings by Answers privacy policy is located at https://www.resellerratings.com/terms#privacypolicy. When you are asked by Reseller Ratings by Answers to share your thoughts about one of our products, your review may be posted on the Services as well as on sites that share reviews with the shopping community such as Google and others.
3. Payment Processors. All payments made through the Services are processed by our third-party providers. All information collected by these third-party providers for purposes of processing your payments is not available to us, unless you have otherwise provided this information to us in connection with your use of the Services.
4. Third-Party Promotions. In some instances, a third-party advertiser or sponsor may operate or host a Promotion on or through our Services, and collect your information. In those cases, where we are not the sponsor or operator of the Promotion, we have no control over the information collected and, before participating, you should review the official rules as well as the advertiser's or the sponsor's privacy policy applicable to the Promotion. All of our Promotions are intended for people who are the age of majority in their respective state, province or country unless otherwise expressly stated.

YOUR CHOICES AND PRIVACY RIGHTS

A. Your Choices

We offer you certain choices about how we communicate with you and manage what personal information we collect from you.

Correct or Update Your Information

If you have created a user account through the Services, you will have the ability to access, update and correct the personal information you have provided in connection with your account by logging into your account through the Services.

Marketing Communications

We offer you certain choices about how we communicate with you. To update your preferences, limit the communications you receive from us, please contact us as specified in the “How to Contact Us” section at the end of this Privacy Policy. Where provided by law, you may withdraw your consent previously provided to us, and we will apply your preferences going forward. You can also choose not to receive marketing communications from us by clicking on the unsubscribe link in our marketing content.

Managing Cookies

You have the right to decide whether to accept cookies. If you do not want us to deploy cookies in your browser, you may exercise your preference by clicking “Your Privacy Rights” in the footer, by clicking here or by modifying your web browser setting to refuse some or all cookies or to notify you and ask for your permission when a website tries to set a cookie. If you want to learn how to modify your browser settings, please use the “Help,” “Tools” or “Edit” menu in your browser or review the instructions provided by the following browsers: Microsoft Edge, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile; and Android browser. If you block or delete technical and/or function cookies used by our Sites, the Sites may become impossible to browse, certain services or functions of the Sites may become unavailable or other malfunctions may occur. In this case, you may have to modify or manually enter some information or preferences every time you visit the Sites.

Analytics. We may use third-party service providers to monitor and analyze the use of our Sites, such as Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports website traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.

Managing Interest-Based Advertising

Website Browser. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1. Residents of the European Union may opt-out of online behavioral advertising served by the European Interactive Digital Advertising Alliance’s participating member organizations by visiting https://www.youronlinechoices.eu/.

Mobile Application. When you use our mobile application, we or our third-party marketing partners may use one or more of several different identifiers for your mobile device, including Apple Identifier For Advertising (IDFA) or Android Advertising ID (AAID), to target and deliver ads to you in our app or other apps. This means that your device identifier may be accessed by third-party ad networks and used to (a) help manage the number and types of ads you see; (b) track the source of installs related to ads seen in other apps; and (c) identify your interests and behavior and target advertising to you based on those interests and behavior.

Apple requires app developers to ask for permission before they can track your activity across apps or websites they do not own in order to target advertising to you, measure your actions due to advertising, or to share your information with data brokers. If you previously gave our mobile app permission to track, you can tell our app to stop tracking your activity. On iOS or iPadOS, go to Settings, tap on our app, then tap to turn off Allow Tracking. You can also reset your IDFA from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to your previous IDFA.

If you have an Android device, and are running Android 12 or above, you can delete your AAID permanently by opening Settings, navigating to Privacy > Ads, tapping “Delete advertising ID,” then tapping it again on the next page to confirm. This will prevent any app on your phone from accessing it in the future. Please note that if you do so, you will still see advertisements, but they will not be tailored to your inferred interests.

You may also access industry-provided opt-out tools, although they are not tailored to our mobile applications. For instance, to opt-out of data collection by the Digital Advertising Alliance’s participating member companies for interest-based advertising across mobile applications, download the DAA’s App Choices mobile application opt-out offering at https://youradchoices.com/appchoices.

B. Your Privacy Rights

Depending on applicable law where you reside or are located, you may be able to assert certain rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have absolute discretion in providing you with those rights. Please refer to the “What Rights Apply” section to determine the rights you have in the jurisdiction you reside.

Please note, your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (i) when denial of the request is required or authorized by law; (ii) when granting the request would have a negative impact on another's privacy; (iii) to protect our rights and properties; (iv) where the request is frivolous or vexatious, or for other reasons.

Right to Know/Access.

You may have the right to obtain a copy, or a list of categories of the personal information that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your personal information.

Right to Correct/Rectification.

You may have the right to correct any of your personal information in our records and systems. You may request us to rectify, correct or update any of your personal information held by us that is inaccurate.

Right to Delete/Erasure.

Under certain circumstances, you may have the right to request that we delete the personal information that we hold about you. This right is not absolute, and we may refuse your right to delete if it is reasonably necessary for us to provide a service requested by you; to perform a contract between us; to maintain functionality and ensure security of our systems; to enable solely expected internal uses of your personal information; to exercise a right provided by law; to comply with a legal obligation, or if there are compelling legitimate grounds for keeping your personal information.

Right to Portability.

Under certain circumstances, you may have the right to receive personal information we hold about you in a structured, commonly used, and machine-readable format so that you can provide that personal information to another entity.

Right Against Discrimination.

You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your privacy rights.

Right to Object to Automated Decision-Making.

You may have the right not to be subject to a decision that is based solely on automated processing (where a decision is taken about you using an electronic system without human involvement) which significantly impacts your rights. No decision will be made by us about you solely on the basis of automated decision making which has a significant impact on you.

Right Not to Provide Consent or to Withdraw Consent.

We may seek to rely on your consent in order to process certain personal information. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

Right to Restriction.

You may have the right to request that we restrict our processing of your personal information in certain circumstance. For instance, this right is available if you contest the accuracy of the personal information, or you objected to our processing.

Right to Object to Processing.

You may have the right to object to our processing of your personal information at any time and as permitted by applicable law if we process your personal information on the legal bases of: consent, or legitimate interests. However, we may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

Right to Appeal.

You may have the right to appeal if we refuse to take action on your rights request. Instructions on how to appeal will be provided to you upon such a denial, but in any event, such instructions will be substantially similar to those provided below for submitting requests.

To determine which rights you have, please refer to the table below that references the rights as described above. U.S. States not listed either do not have a law providing such rights, or it does not apply to our operations.

Jurisdiction	Applicable Rights
California Residents	(a) Right to Know/Access; (b) Right to Correct/Rectification; (c) Right to Delete/Erasure; (d) Right to Portability; (e) Right Against Discrimination; and (f) Right to Opt-Out of Automated Decision-making or Profiling (upon issuance of regulations by the California Privacy Protection Agency)
Virginia, Colorado & Connecticut Residents	(a) Right to Know/Access; (b) Right to Correct/Rectification; (c) Right to Delete/Erasure; (d) Right to Portability; (f) Right to Opt-Out of Automated Decision-making or Profiling; and (j) Right to Appeal
Utah Residents (12.31.23)	(a) Right to Know/ Access; (c) Right to Delete/Erase; (d) Right to Portability; and (e) Right Against Discrimination
*European Economic Area, United Kingdom and Switzerland (for individuals located in these jurisdictions when their personal information is collected)*	(a) Right to Know/Access; (b) Right to Correct/Rectification; (c) Right to Delete/Erasure; (d) Right to Portability; (f) Right to Opt-Out of Automated Decision-making or Profiling; (g) Right Not to Provide Consent or to Withdraw Consent; (h) Right to Restriction; and (i) Right to Object to Processing

Submitting a Request to Exercise Your Privacy Rights

To assert your privacy rights noted above, please email privacy@zennioptical.com and indicate which rights you would like to exercise. Please note California and Colorado residents may do so up to twice per year per customer. We may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by law.

To protect your privacy, we must be able to verify your identity to confirm that the request came from you before we can process your request to exercise any of the privacy rights that you may be entitled to under the applicable law. We may contact you by phone or e-mail to verify your request. Depending on your request, we will ask for information such as your name, an e-mail address that you have used with Zenni, or a phone number you have used with Zenni. For certain requests, we may also ask you to provide details about the most recent purchase you made online.

Residents of California, Colorado, and Connecticut may designate an authorized agent to submit a request on your behalf to access or delete your personal information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

C. Your Opt-Out Rights

If you reside in California, Colorado, Connecticut or Virginia, you may have the right to opt-out of certain types of processing for your personal information.

Right to Opt Out of Sale. You may have the right to opt-out of the sale of your personal information. We generally do not sell your personal information for profit, but like many businesses, we use cookies, pixels, and similar technology on our Sites, and we share certain personal information, such as your IP address or device identifiers, to third-party advertisers in order to improve your user experience and to optimize our marketing activities. Under the broad definition of “sell” contained in some jurisdiction’s privacy laws, this could be considered a sale.

Right to Opt Out of Targeted Advertising. You may have the right to opt-out of the sharing of your personal information to third parties for behavioral or cross-contextual advertising purposes. Like many websites, we use cookies, pixels, and similar technology, and we share certain information, such as your IP address or device identifiers, to certain third-party advertisers in order to improve your user experience and to optimize our marketing activities. You have the right to direct us not to share or use your personal information for targeted advertising purposes.

To exercise your right to opt-out of sales and targeted advertising, please click the “Your Privacy Rights” link in the website footer and switch off the toggle for “Opt Out of Sale/Sharing/Targeted Advertising.” Please note that you may still receive generalized ads after opting out of targeted advertising.

If you are a resident of California or Colorado, you may also opt-out of sharing and sales by using an opt-out preference signal. The Global Privacy Control signal is currently the only opt-out preference signal we can recognize. You can visit the Global Privacy Control official site at https://globalprivacycontrol.org/#about to learn how to configure your device to send such signals. We will honor and process the opt-out preference signal in a frictionless manner. Please note that the opt-out choice will only apply to your use of our Sites through the current browser or device you are using and only so long as that browser’s cookies are not erased. You will need to submit a separate opt-out of sharing request on each device and browser you use to visit our Sites to completely opt-out using this method. Please note that you may still receive generalized ads after opting out of targeted advertising.

CHILDREN

Our Site is not intended for children under age 16. We do not knowingly collect or distribute personal information that we collect directly from children under the age of 16. When parents or legal guardians of children under 16 place orders for children’s glasses through our Services, we may collect prescription information for children under the age of 16, and other information as necessary to deliver Zenni products. We will use this prescription information and related information collected in the course of fulfilling that order only for fulfilling the applicable order, and only within the limits permitted by applicable law.
If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact us via the method identified in the “How to Contact Us” section below. If we become aware that a child under 16 has provided us with personal information, we will terminate the user’s access to our Service and take steps to delete such information from our systems, unless we have a legal obligation to keep it.
RETENTION

We will retain your information for as long as your account is active, as needed to provide you Services or for other purposes stated in this Policy. We will cease to retain your personal information or remove the means by which the personal information can be associated with you as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected and is no longer necessary for legal or business purposes. If you wish to cancel your account or request that we no longer use your information to provide you services, we may still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
SECURITY OF YOUR PERSONAL INFORMATION

We implement security measures intended to protect against the loss, misuse and alteration of the personal information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the internet. Please remember that you play a valuable part in security as well. If you feel that the security of any account you might have with us has been compromised, you should contact us immediately as described in the “How to Contact Us” section.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

We are an online retailer of prescription glasses, based in the United States. Our business operates on a global scale. When you access or submit information to us, your personal information may be transferred to, processed, maintained, and used on computers, servers and systems located where the data protection laws may not be as protective as those in your jurisdiction. In addition, we may transfer your personal information to our service providers located in China to fulfill orders you place through the Services. We will take appropriate contractual or other steps to protect the relevant personal information in accordance with applicable laws.
NOTICE OF FINANCIAL INCENTIVE

We offer our customers loyalty programs (Zenni Loyalty Rewards Program, Military, First Responder & Medical or Nurse Personnel, Student and Teacher Discount Programs, and Refer a Friend Program) that provides certain perks, such as rewards and special promotions. We may also provide other programs, such as sweepstakes, contests, newsletters, or other similar promotional campaigns (collectively, the “Programs”). When you sign up for one of our Programs, we will ask you to provide your name and contact information (such as email address and/or telephone number). Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the Program.
You may withdraw from participating in a Program at any time by contacting us using the designated method set forth in the applicable Program terms. Visit the terms and conditions page of each Program to view full details, including how to join. To learn more, please check out our FAQ page for the loyalty programs, and the Terms and Conditions for each Program, available through the navigation bar on Terms and Conditions | Zenni Optical.
CALIFORNIA CONSUMERS PRIVACY NOTICE

If you are a California resident, this section applies to you in addition to the rest of this Privacy Policy. The California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”) requires us to disclose the following additional information related to our privacy practices.
Categories of Personal Information Collected, Used, and Disclosed
In the preceding 12 months, depending how you interact with our Services, we may have collect the following categories of personal information (as defined under Cal. Civ. Code §1798.140(v)(1)):
- Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
- Commercial information such as records of products or services purchased, obtained, or considered by you, transaction records, and payment information;
- Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
- Geolocation data, to the extent you have configured your device to permit us to collect such information;
- Audio or Visual information, such as audio recordings of your voice to the extent you call us, as permitted under applicable law; and
- Inferences drawn from any of the information listed above, such as your shopping preferences, characteristics, and behavior.
We generally do not collect protected classifications about our users, biometric information, professional or employment-related information, or education-related information. For more information about the Personal Information we collect and how we collect it, please refer to Section 2 above.

Purposes for Collecting and Using Categories of Personal Information

We collect and use your personal information for the following business purposes:
- Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage or similar services;
- Providing advertising and marketing services;
- Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- Helping to ensure security and integrity;
- Debugging to identify and repair errors that impair existing intended functionality;
- Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us;
- Undertaking internal research for technological development and demonstration; and
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
For more information about the purpose of collecting and using the categories of personal information listed above, please refer to Section 4 above.

Sale or Share of Personal Information

We may share or sell your identifiers, device information, demographic information and geolocation to advertising networks, and our business partners. To exercise your right to opt-out of sales and targeted advertising, please click the “Your Privacy Rights” link in the website footer or here, and switch off the toggle for “Opt Out of Sale/Sharing/Targeted Advertising.” Please note that you may still receive generalized ads after opting out of targeted advertising.

You may also opt-out of sharing and sales by using an opt-out preference signal. The Global Privacy Control signal is currently the only opt-out preference signal we can recognize. You can visit the Global Privacy Control official site at https://globalprivacycontrol.org/#about to learn how to configure your device to send such signals.

Zenni does not knowingly sell or share (for cross-context behavioral advertising) the personal information of consumers under 16 years of age.

Retention of Personal Information

We retain your information for as long as your account is active, as needed to provide you Services or for other purposes stated in this Policy, or as required or permitted by applicable law. For more information about the criteria for retaining personal information listed above, please refer to Section 9 above.

Your Right to Limit Use of Sensitive Information

If you are a California resident, to the extent your sensitive personal information (as that term is defined under the CCPA) is used to infer characteristic about you, you have the right to direct us to stop such processing of your sensitive personal information for such purposes. We may process your precise geolocation for notification delivery purposes from time to time, and you may limit this type of processing by adjusting Zenni App’s access to your location data from the mobile device level.

Shine the Light

In addition to the CCPA, California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California residents asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if a California customer has exercised an option to opt out of such information sharing. We have such a policy. If you want to opt out of any such sharing of your information, please contact us using the information below.

Do Not Track

Your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, since uniform standards for “DNT" signals have not been adopted, we do not disable tracking technology that may be active on the Sites in response to any “do not track” requests that we receive from your browser.
ADDITIONAL NOTICE TO INDIVIDUALS IN CANADA

This Section provides additional information to individuals located in Canada at the time their personal information is collected by Zenni. You may request details about our privacy practices, access or correct your personal information, or make a complaint by contacting our privacy officer in writing at: Zenni Optical, Inc., 448 Ignacio Boulevard, Suite 332, Novato, CA 94949 USA, or at privacy@zennioptical.com.
If you are not satisfied with our response to your inquiry, you may contact the Office of the Privacy Commissioner of Canada: 1-800-282-1376 (toll-free) or priv.gc.ca

ADDITIONAL NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, AND SWITZERLAND

This section only applies to individuals using or accessing our Services while located in the European Economic Area (“EEA”), the United Kingdom, and Switzerland (collectively, the “European Countries”) at the time of data collection. Pursuant to the European Union’s General Data Protection Regulation, and the UK General Data Protection Regulation (collectively, the “GDPR”), for the sake of clarity, references to personal information in this Policy concern personal data in the sense of the GDPR.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in European Countries.

The controller for the processing described in this Privacy Policy is: Zenni Optical, Inc.,448 Ignacio Blvd, #332, Novato, CA 94949, and you can contact Zenni’s privacy officer at privacy@zennioptical.com.

You may direct questions or otherwise exercise your rights in respect of your personal data by contacting our Data Protection Representative in the European Countries, DataRep, by sending an email to datarequest@datarep.com, quoting “Zenni Optical Inc.” in the subject line; or by submitting online webform at www.datarep.com/data-request.

Legal Bases for Processing Your Personal Information

The legal bases under the GDPR for our processing of personal data of individuals, which are located in European Countries at the time of collection, for each of the processing activities described above in Sections 3 and 4 is identified in the chart below.

Processing Activity	Legal Bases for Processing
Section 3(i) To Ensure the Security of the Services Section 3(j) To Maintain Legal and Regulatory Compliance Section 4(c) Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies	Based on our legal obligations. Article 6(1) lit.(c) GDPR.
Section 3(a) To Fulfill Orders and To Provide Our Services Section 3(b) To Provide You Services-Related Communications Section 3(c) To Provide Customer Support and Respond to Requests Section 3(h) To Enforce Compliance with Our Terms, Agreements and Policies Section 4(a) Within Our Corporate Organization Section 4(b) With Our Service Providers Section 4(e) With Marketing Partners	Based on our contract with you or to take steps at your request prior to entering a contract. Article 6(1) lit.(b) GDPR.
Section 3(e) To Research and Develop Our Services Section 3(f) To Personalize Your Experience Section 3(g) To Facilitate Corporate Acquisitions, Mergers and Transactions Section 4(d) During Business Transfers; Bankruptcy	Based on our legitimate interest to operate our business and not overridden by your data protection interests or fundamental rights and freedom. Article 6(1) lit.(f) GDPR.
Section 3(d) To Provide Marketing Communication Section 3(k) With Your Consent Section 4(f) With Your Consent	Based on your consent. Article 6(1) lit.(a) GDPR.

Right to Lodge a Complaint to Your Local Data Protection Authority

If you reside in the European Countries you may have the right to lodge a complaint with your national data protection authority or equivalent regulatory body. You can find details of EEA Supervisory Authorities here: https://edpb.europa.eu/about-edpb/board/members_en. The Supervisory Authority in the UK is the Information Commissioner’s Office (ICO).

International Transfer of Your Personal Information

We rely primarily on the European Commission’s Standard Contractual Clauses to facilitate the international and onward transfer of personal information collected in the European Economic Area (“EEA”), the United Kingdom and Switzerland (collectively “European Personal Information”), to the extent the businesses receiving he European Personal Information are located in a country that the European Countries consider to not provide an adequate level of data protection. We may also rely on an adequacy decision of the relevant regulatory body confirming an adequate level of data protection in the jurisdiction of the party receiving the information, or derogations in specific situations.

HOW TO CONTACT US

If you have any questions or complaints regarding this Privacy Policy, please contact us by sending an email to privacy@zennioptical.com. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question. If we need, or are required, to contact you concerning any event that involves your personal information we may do so by e-mail, telephone, or mail. For individuals in Canada, please see Section 14 for additional contact information. For individual in the European Countries, please see Section 15 for additional contact information.