KENMARKEYEWEAR.COM PRIVACY POLICY

 

Last updated: August 10, 2022

This Privacy Policy applies to the kenmarkeyewear.com website (the “Site”) provided by Kenmark Optical, Inc. (“Kenmark Eyewear,” “us,” or “we”), and forms part of the Website Terms and Conditions of Use Agreement that governs your use of the Site. Kenmark Eyewear respects your privacy and protects it by complying with this Privacy Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge that you have read this Privacy Policy and agree to it. If you do not agree to any of the terms contained in this Privacy Policy, do not continue to use the Site. We reserve the right to change this Privacy Policy at any time. Such changes shall be effective immediately upon posting the Privacy Policy that includes the changes to the Site. If you continue to use the Site after we modify the Privacy Policy, you are deemed to have accepted the changes, so please check periodically for updates.

This Privacy Policy explains our practices for collecting, using, storing, securing, and disclosing information obtained from you on this Site, through electronic correspondence between you and this Site, through other correspondence with you, and when you interact with our advertising and/or applications on third party sites and services if they include links to this Privacy Policy.

This Privacy Policy does not apply to information collected by third parties, including via websites, applications, or other content that may be accessible from or linked to this Site. KENMARK EYEWEAR IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY PRACTICES ON ANY NON-KENMARK EYEWEAR SITE TO WHICH THIS SITE LINKS.

1.                Information We Collect and How We Collect It. Kenmark Eyewear collects different kinds of information from you in different ways.

 

(a)              What Information Collected. We collect these types of information on the Site:

 

                                       (i)                Non-Personal Information” is any information that does not identify you individually or does not permit a direct association with an individual (even if it is about you). Non-Personal Information includes information about your Internet connection, equipment you used to access the Site, and your usage information. Non-Personal Information may be derived from Personal Information by depersonalizing it to remove unique identifiers and/or combine it with information about other users to form aggregated data.

 

                                     (ii)                Personal Information” is information that personally identifies you or allows one to contact you, such as your name, email address, street address, telephone number, and/or payment card information that you provide when engaging in certain activities on the Site. To the extent we associate Non-Personal Information with Personal Information, we treat the combination as Personal Information.

 

(b)             How Information Collected. We collect information on the Site in these ways:

 

                                       (i)                Information You Provide . In the course of visiting and using the Site, you may provide information to us. We collect any information you voluntarily provide to us. For example, when you (i) submit a request, inquiry, or other form to us or (ii) purchase a product or service from us on the Site (each of the foregoing a “Transaction”), you may voluntarily disclose Personal Information that we collect. We may also retain records about your Transactions, your correspondence with us, your searches on the Site, and related records. You choose whether to disclose Personal Information, but we may not be able to process certain Transactions without it. For example, we cannot sell a product to you without your name, payment information, product information, and delivery address. You also may provide information to be posted or displayed on public areas of the Site or transmitted to other users of the Site or third parties. If you include Personal Information in those public transmissions, it will be available publicly and not protected.

 

                                     (ii)                Automatically Gathered . We collect some information automatically as you navigate the Site. For example, we collect usage details, such as traffic data (such as information about how much time visitors spend on the Site or each page, dates and times of visits, etc.), location data, “clickstream data” (such as pages visited, clicks made, and similar information) and information about your computer, browsing patterns, and Internet connection (such as IP address, operating system, and browser type) for all visitors. This information is generally considered Non-Personal Information (unless it is combined with and therefore treated as Personal Information). We may combine information about your use of the Site with information about others’ use of the Site to generate aggregated Non-Personal Information about visitors as a group. We may use tracking technologies to collect information about your online activities over time and across third party websites or other online services (behavioral tracking). Kenmark Eyewear may collect information through tracking technology described below.

 

(1)             “COOKIES” are small text files stored by a user’s Internet browser on a user’s computer or other device. Cookies allow us (or our service providers) to recognize your device and record information about your use of the Site. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies, but then you may not be able to access or use portions of this Site.

 

(2)             “FLASH COOKIES” are locally stored objects that allow us to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings used for browser cookies.

 

“WEB BEACONS” are small bits of code embedded in web pages or emails that assist in delivering cookies. Web beacons (also known as clear GIFs or pixel GIFs) help us determine whether a page on this Site has been viewed and, if so, how many times or whether an email has been opened. For example, any electronic image on this Site, such as an ad banner, can function as a web beacon. Although you cannot decline to receive web beacons when visiting a web page, you can choose not to receive web beacons by email if you disable HTML images or refuse HTML email messages.

 

                                   (iii)                Third Parties . We may collect information about you from third parties, such as service providers. Some content or applications, including advertisements, on the Site are served by third parties, including advertisers, ad networks, content providers, and application providers. These third parties may use cookies and/or other tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your Personal Information and may relate to your online activities over time and across different websites and other online services. They may use this information to provide you with Interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

2.                How We Use the Information . Generally, Kenmark Eyewear uses Personal and Non-Personal information collected from interactions with the Site to improve our services, to present, improve, administer, customize, and/or maintain the Site, to speed searching capability, to estimate the size and patterns of the Site’s audience, to fulfill and manage Transactions, to build relationships with you and other users, to market and provide you with information about services, to provide the services, products, and information you request, to send you newsletters, to fulfill other purposes for which you provide the information, to provide you with notices about your account, to notify you about changes to the Site, to allow you to participate in interactive features of the Site, to customize our services, to make content you see more relevant, to identify and prevent fraud, to track visits from affiliates or independent contractors, to regulate the advertisements you receive, to provide you with tailored offers and measure their effectiveness, to carry out our obligations and enforce our rights, to enable others to enforce their rights, to conduct investigations, to cooperate with law enforcement, to conduct market research and analysis, in any other way described when you provide the information, and for any other purpose with your consent. We may contact you to obtain your input, or provide information about our services or events. Kenmark Eyewear may identify you in connection with your use of certain aspects of this Site and may link information about your use of the Site with your Personal Information. Kenmark Eyewear does not place any restrictions on the use of Non-Personal Information. More detail about certain uses of Personal Information appears below.

 

(a)              Transactional Purposes . If you provide Personal Information to us in connection with a Transaction, we will use your information to process the Transaction and communicate with you about it. Processing the Transaction may require communication of your Personal Information with third parties, such as Squarespace. If you provide your email address or mailing address to us, we may use such address to send you notices for marketing or relationship purposes, or as required by law.

 

(b)             Marketing . We may use your Personal Information to offer, market, and advertise to you via the Site and/or through email or U.S. mail. We may communicate with you about Kenmark Eyewear’s services or third party products or services that may interest you. We may use Personal Information to conduct market research and analysis for ourselves and for others. You may choose not to allow us to use your Personal Information for this purpose by checking the appropriate box when your Personal Information is collected. You may also unsubscribe from receiving emails from us by sending us an email at marketing@kenmarkeyewear.com.

 

3.                How We Protect the Information .

 

(a)              Security Measures. Kenmark Eyewear takes steps to protect the Personal Information it stores or receives through the Site. Your Personal Information is stored on secure servers protected by a firewall. Any payment Transactions conducted through the Site will be encrypted using SSL technology.

 

(b)             Caution. While Kenmark Eyewear endeavors to safeguard your Personal Information, it cannot guarantee absolute security. You transmit Personal Information through the Site at your own risk. You acknowledge agree that Kenmark Eyewear shall not be liable for any security breach that results from causes or events that are beyond Kenmark Eyewear’s control (such as acts of God, hacking, circumvention of privacy settings or security measures, terrorism, power outages, defects in third party security products and services, your own acts and omissions, and other similar events beyond Kenmark Eyewear’s control). Please be aware that no security measures are perfect or impenetrable.

 

4.                What Disclosures We Make of the Information .

 

(a)              Non-Personal Information . Kenmark Eyewear does not place any restrictions on the use or disclosure of Non-Personal Information (included aggregated information). Kenmark Eyewear may share it with anyone for any purpose.

 

(b)             Personal Information . Kenmark Eyewear may share your Personal Information with its affiliates. In addition, Kenmark Eyewear may share your Personal Information with other third parties:

 

                                       (i)                ENABLING SERVICES. Kenmark Eyewear may disclose your Personal Information to contractors, service providers, and other third parties to enable them to provide Kenmark Eyewear with services, including without limitation those necessary for processing your orders, payment processing, shipping, emailing, marketing, providing research or analysis, webhosting, storing/managing data, assisting in providing the services available through the Site or otherwise. Kenmark Eyewear may also disclose your Personal Information to fulfill the purpose for which you provided such information or for any other purpose Kenmark Eyewear discloses when you provide the information. Kenmark Eyewear may disclose your Personal Information with your consent.

 

                                     (ii)                LEGAL REASONS. Kenmark Eyewear may disclose your Personal Information in response to a subpoena or other court order, if otherwise required by law, in an effort to cooperate with law enforcement or a regulatory agency, to enable someone to enforce their rights, or to allow Kenmark Eyewear to enforce its rights. Kenmark Eyewear may disclose your Personal information when Kenmark Eyewear believes that doing so is necessary or desirable (a) to enforce Kenmark Eyewear’s rights or defend against legal claims, (b) to investigate, prevent, or take action regarding suspected fraud, situations involving personal threats to physical safety, allegations of intellectual property infringement violations of privacy rights, or any other unlawful activities, (c) to protect the rights, property, and safety of Kenmark Eyewear, its customers, or others, and/or (d) as otherwise required by law.

 

                                   (iii)                ASSIGNMENTS. Kenmark Eyewear may disclose your Personal Information to a buyer or other successor in interest in the event of a sale of substantially all of Kenmark Eyewear’s assets, the merger, dissolution, divestiture, restructuring, reorganization, sale, or transfer of Kenmark Eyewear, or some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or a similar proceeding. If that happens, the buyer, assignee, or other successor in interest’s privacy policy may govern the further protection, use, and disclosure of your Personal Information.

 

                                    (iv)                MARKETING. We may disclose share some of your Personal (excluding payment information) and/or Non-Personal Information to third parties who offer to market and advertise to you. We may use Non-Personal Information to conduct market research and analysis for ourselves. Kenmark Eyewear does not place any restrictions on the use of Non-Personal Information.

 

5.                How to Mana ge Your Information . The mechanisms below provide you with certain options for exercising control over your Personal Information:

 

(a)              Information Access . Upon your request, Kenmark Eyewear will remove your Personal Information from Kenmark Eyewear’s records related to this Site. This may cancel your subscription to some or all of the services offered by Kenmark Eyewear via this Site or otherwise. We cannot delete your Personal Information without deleting your account. If you wish to update/correct Personal Information you have already provided to us, or if you wish to remove your Personal Information from our records, please send your request to us via email at marketing@kenmarkeyewear.com or via mail to Kenmark Eyewear, ATTN: Marketing Dept., 1800 Research Drive, Louisville, KY 40299, or log in to modify your account profile page. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete publicly posted submissions from the Site, copies may remain viewable in cached and archived pages or might have been copied or stored by other Site users.

 

(b)             Email Marketing . You may choose to opt out of receiving marketing emails from us that promote our products at any time by sending your request to us via email at marketing@kenmarkeyewear.com or via mail at Kenmark Eyewear, ATTN: Marketing Dept., 1800 Research Drive, Louisville, KY 40299, or by using the means (such as clicking “unsubscribe”) provided in our marketing emails. Please note, however, that your opt-out will apply only to marketing emails, not to email communications about your Transaction or other non-marketing correspondence.

 

(c)              Do Not Track Disclosure . Some browsers have a “do not track” feature that, when enabled, signals websites and online services that you do not wish to be tracked. Kenmark Eyewear takes no action in response to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

 

6.                Third Parties . Any links on the Site to websites other than the Site are solely for your convenience in obtaining related information. Such inclusion or mention of a link does not constitute or imply a recommendation or endorsement by Kenmark Eyewear. We do not control the contents of these websites, and we do not guarantee the accuracy or completeness of any information on such websites. Kenmark Eyewear continually updates the information provided on the Site in order to keep it as current and accurate as possible; however, it is possible that the Site may contain inaccuracies, errors, or unauthorized modifications by third parties. We do not make any express or implied warranties as to the accuracy of any information on our website. Information contained on our websites may be changed or updated without notice.

 

7.                Children. We do not knowingly collect Personal Information from children under the age of 16 on our Site. If we discover that we have collected Personal Information about a child under the age of 16, such information will be deleted from our system. If you are under the age of 16, do not use this Site or provide information on this Site. If you believe we have received information from or about a child under the age of 16, please contact us via email at info@kenmarkeyewear.com or via mail at Kenmark Eyewear, 1800 Research Drive, Louisville, KY 40299.

 

8.                Modifications to Privacy Polic y . We may modify this Privacy Policy from time to time in our sole discretion. If we make a material change to this Privacy Policy, we will post such changes on our Site. By continuing to use our Site after such notice, you are bound by this Privacy Policy as modified.

 

9.                State Law . State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information. To exercise any of the rights mentioned below, please submit a written request to Kenmark Optical, Inc. via email at marketing@kenmarkeyewear.com or via mail at Kenmark Eyewear, ATTN: Marketing Dept., 1800 Research Drive, Louisville, KY 40299.

 

(a)              California . If you are a resident of California resident, you may request a copy of a notice describing categories of information shared with third parties or contractors for direct marketing purposes and the names and addresses of such third parties and contractors that received information in the past year.

 

(b)              Colorado, Connecticut, Virginia, and Utah . If you are a resident of Colorado, Connecticut, Virginia, or Utah, you may confirm whether we process your Personal Information, access and delete certain Personal Information, obtain and reuse personal data, and opt out of personal data processing for targeted advertising and sales.

 

(c)              Colorado, Connecticut, and Virginia . If you are a resident of Colorado, Connecticut, or Virginia, you may correct inaccuracies in your Personal Information, taking into account the information’s nature processing purpose, and opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.

 

(d)             Nevada . If you are a resident of Nevada, you may be eligible to opt out of certain Personal Information sales.

 

10.             Contact Information . If you have questions about this Privacy Policy, you may contact us via email at marketing@kenmarkeyewear.com or via mail at Kenmark Eyewear, ATTN: Marketing Dept., 1800 Research Drive, Louisville, KY 40299. We will use reasonable efforts to respond promptly to reasonable requests or questions you may have regarding our Privacy Policy and/or use of your Personal Information.