Privacy policy

THIS PRIVACY NOTICE WAS UPDATED ON October 14, 2024

COMMITMENT TO PRIVACY

Benny’s Eyewear, LLC. (“Benny’s Eyewear”) respects the privacy of each individual who accesses and uses the website www.bennyseyewear.com (the “Site”). The following is our policy with respect to the collection and use of personal information that you may submit from time to time to the Site. By entering the Site, you agree to the terms of use, disclosure and procedures this Privacy Notice describes. If you do not agree to these policies, do not enter the Site. Please note that this Privacy Notice does not apply to third-party websites such as Facebook, Twitter, Pinterest, Instagram and Google+ that we do not own or control, even if you access such third-party websites through this Site. We encourage you to carefully review the privacy policies of any such third-party website you access so that you know how they will use and share your information.

1. Personal data that you provide through the site

We collect personally identifiable data about you ("Personal Data") from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, enter one of our promotions, purchase products or register for access to certain services available through the Site. We also may collect Personal Data that you provide to us by granting us administrative access to your social media accounts, including Facebook, and via Google Analytics. By providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Notice.

2. Non-personal data automatically collected

When you interact with the Site, we receive and store certain information about your usage of the Site. Such information, which is collected passively using various technologies, is not intended to be used to specifically identify you. Examples of information collected as you browse the Site include but are not limited to your: computer or mobile device operating system; browser type and language; IP address and/or MAC address; internet service provider; and referrer URL (the last website visited which linked or led to our Site). We may store such information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. The Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

3. Cookie usage

In operating the Site, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. We may contract with third-party service providers to provide functions related to the Site, and such service providers are authorized to place cookies on your device, or collect information from your or your device on our behalf, to enable such functions, including with respect to displaying targeted ads on the Site. In all cases in which we or our service providers use cookies, we will not collect Personal Data except with your permission.

We use third parties to improve our ability to identify visitors to our website. As part of this service, we may make available identifiers to these third parties including our visitors’ IP addresses, cookies, and hashed versions of email addresses captured from your visit. We, and third parties, use this data to obtain more information about our visitors and reach out to them through other channels, such as email and/or direct mail. You have the right to opt-out of this activity. To opt-out of marketing communications at any time, please use the unsubscribe link in the marketing material or email us at customerservice@bennyseyewear.com with the subject line "Privacy Opt-Out".

4. Disabling cookie and do not track notice

You can often choose to have your computer, operating system, mobile device, or browser warn you each time a cookie is being sent, or you can choose to disable all cookies via your browser settings. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site's features.

Your browser may also provide you with the option to send a "Do Not Track" signal to websites you visit. This signal is used to request that websites not send the requesting device cookies, but websites have no obligation to respond to such signal or to modify their operation. At the current time, the Site will not treat you differently if we receive Do Not Track signals from your browser and we may not comply with Do Not Track settings on your browser.

In addition, we (or our authorized third-party service providers) may use local shared objects, also known as flash cookies, to display content based upon what you view on the Site and to personalize your visit. Flash cookies are different from browser cookies with respect to the amount and type of data and how that data is stored. Cookie management tools provided by your browser will not remove flash cookies. To learn how to manage privacy and storage settings for flash cookies visit http://kb2.adobe.com/cps/526/52697ee8.html.

What are cookies?

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology. Please see the section entitled “Cookies” below, and for further information, visit allaboutcookies.org.

How do we use cookies?

Benny’s Eyewear uses cookies in a range of ways to improve your experience on our website, including keeping you signed in and understanding how you use our website. Please see the section entitled “Cookies” below.

What types of cookies do we use?

There are a number of different types of cookies, however, our website uses:

Functionality – Benny’s Eyewear uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
Advertising – Benny’s Eyewear uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Benny’s Eyewear sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

How to manage cookies.

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Aggregated Personal Data

In an ongoing effort to better understand and serve our users and customers, we often conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we use this aggregate data for our business purposes and we may share such aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

How we use and share your data

If we share your information, we do so only as described below.

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

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

Personal information collected through our Site may be shared between the brands and affiliates that are owned or operated by Benny’s Eyewear. We also share personal information with selected third parties for their own marketing purposes. See the “Access to Information and Choices You Have” section of this Privacy Notice for more information.

We may release personal information if we believe in good faith that: (i) the law or legal process requires it; (ii) we have received a valid administrative request from a law enforcement agency; or (iii) such release is necessary or appropriate (in our sole discretion) to protect the rights, property, or safety of Benny’s Eyewear, or any of our respective affiliates, service providers, customers, or others.

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

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

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

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

We may work with other businesses from time to time. These business partners may sell items or provide promotions to you through our Site or theirs. We may also provide products or services to you jointly with our business partners. When we do this, we will clearly show you that a business partner is associated with your transaction, and we will only share information with them that is related to your transaction and in accordance with your request to share with that partner.

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with any applicable law, court order, subpoena, legal process, or enforceable governmental request; cooperate with law enforcement; enforce or apply this Privacy Notice, our Terms of Use, and other agreements; detect, prevent or otherwise address fraud, security or technical issues; or protect the rights, property or safety of Benny’s Eyewear, our employees, our users, or others.

Upon receipt of your personal information, we may use such information to, among other things, improve and personalize our products and services on our Site and in our retail locations, improve our Site, fulfill orders and requests (e.g., purchases), process refunds, track and confirm online orders, contact you to provide you with promotional information, administer a contest, promotion, survey, or other site feature, communicate with you, including responding to your comments or questions and send you updates on your order, understand your use of our Site and products and services to help improve the customer experience and/or other information related to our Site and/or the merchandise and products we sell or feature on our Site including providing recommendations and marketing materials about our products and services, deliver gift cards in accordance with your instructions to comply with the law and maintain the security of the Site, or for our other internal business purposes. Except as otherwise provided herein, we will only share your personal information with other entities or persons that are not affiliated with Benny’s Eyewear if you have provided your consent to such use. We will keep your personal information for so long as necessary to achieve the purpose for which such personal information was collected. We also retain your personal information for so long as you have your account, or as long as is needed to be able to provide the serves and products to you.

We may use location information collected from your mobile device to enhance your shopping experience and to provide you with location-based services, such as advertising, search results, and other personalized content, as well as to assist us with foot traffic measurements and service improvements in our stores.

Please note that this Site offers the opportunity to purchase merchandise and/or other services. When items are sold, we may collect credit/debit card, and other billing information in connection with the sale of such items and will use such information in connection with the fulfillment of all such purchases (including the provision of such information to third parties involved in such fulfillment). ANY INFORMATION PROVIDED BY YOU TO SUCH CREDIT CARD OR OTHER THIRD PARTY PAYMENT PROVIDERS WILL BE GOVERNED BY THE PRIVACY NOTICE OF SUCH CREDIT CARD OR PAYMENT PROVIDER. WE HAVE NO CONTROL OVER AND BEAR NO RESPONSIBILITY FOR THE USE OF INFORMATION COLLECTED BY SUCH PROVIDERS.

Digital Advertising and Analytics

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Site and other sites or apps over time, including information about relationships among different browsers and devices.

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

Our website is hosted by Shopify, and we may use analytics tools provided by Shopify. For more information regarding Shopify’s privacy policies, please visit: https://www.shopify.com/legal/privacy.

Third Party Links and Plug-Ins

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

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

Other than as set out above, you will receive notice when your personal information might be shared with third parties and you will have an opportunity to choose not to share that information.

Our marketing practices

In addition, we may use certain information that may identify you, such as your email, to contact you about goods and services that may be of interest to you, including through the use of our third-party service providers. If you consent, we may also share such information with third parties for similar marketing purposes. However, other than as provided in this Privacy Notice or consented by you, we will not distribute your Personal Data to third parties for marketing purposes. We are not responsible for third parties' privacy policies, and we recommend that you review the privacy policies provided by our marketing partners. We will give you the opportunity to elect not to receive direct-marketing materials, as described below.

You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions.

Your rights

We respect your choice of how your information is used and shared. We will use reasonable efforts to provide you with access to your Personal Data that we have on file for you, so that you may correct, amend, or delete any inaccurate information, and we will accept requests from you via email to update your information. In addition, If you do not want us to use or share your information for marketing purposes or to inform you about products and services that may be of interest to you, you may notify us by selecting or deselecting appropriate options presented to you when we collect your information, or by notifying us afterward by email. We comply with the federal CAN-SPAM Act and you can always opt out of receiving further email correspondence from us in accordance with the law.

Benny’s Eyewear maintains technical, administrative, physical, electronic and procedural safeguards to protect the confidentiality and security of personal information transmitted to us. To guard your personal information, the Site uses Secure Sockets Layer (“SSL”). SSL encrypts your credit card number, name and address so only Benny’s Eyewear is able to decode the personal information. Please note that email is not encrypted and is not considered to be a secure means of transmitting credit card information. “Phishing” is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for certain information, do not respond. Though we might ask you your name, we will never request your password, credit card information or other personal information through email. It is important for you to protect against unauthorized access to your password and to your computers, devices and applications. Be sure to sign off when finished using a shared computer.

What are your data protection rights?

Benny’s Eyewear would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to obtain information and access – You have the right to request from Benny’s Eyewear copies of your personal information as well as to request information about how we process your personal information.
The right to rectification – You have the right to request that Benny’s Eyewear correct any information you believe is inaccurate and/or incomplete.
The right to erasure – You have the right to request that Benny’s Eyewear erase your personal information, subject to Benny’s Eyewear’s retention of your personal information necessary for Benny’s Eyewear’s legitimate business interests, such as fraud detection and prevention and enhancing safety, as well as legal obligations.
The right to restrict processing – You have the right to request that Benny’s Eyewear restrict the processing of your personal information.
The right to data portability – In certain circumstances you have the right to request that we provide the personal information which you provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit such data to another controller without hindrance from Benny’s Eyewear.
The right to object to processing – You have the right to request that we stop processing personal information about you. For example, when your personal information is processed for email marketing purposes, you have the right to object to such processing at any time by clicking on the “unsubscribe” link at the bottom of such marketing communication. If you object to such processing, Benny’s Eyewear will no longer process your personal information for these purposes unless we can demonstrates compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
The right to revoke your consent – When our processing is based on your consent, you have the right to revoke such consent at any time.
The right to file a complaint – You have the right to file a complaint regarding our data protection practices with a supervisory authority. You can do so by contacting your country’s supervisory authority.

Denial of Consumer Rights Request. For certain specified reasons under the GDPR, we may deny a consumer’s request if fulfilling the request would restrict our ability to:

Provide a product or service specifically requested by the consumer.
Perform certain internal operations that reasonably align with consumer expectations.
Issue a product recall or repair technical errors.
Respond to and prevent security incidents, identity theft and fraud.
Comply with Union or Member State law.

If you would like to exercise any of these rights or if you have any questions or inquiries relating to our privacy practices or procedures, you may write to the privacy officer at the address provided below. If you make a request, we have one (1) month to respond to you. This period may be extended by two (2) additional months where necessary, taking into account the complexity and number of requests. We will inform the consumer of any such extension within one (1) month of receipt of the request, together with the reasons for delay.

How to submit a request.

Submit a request to privacyrequest@bennyseyewear.com, or call us at 866-303-3626
Submit a request regarding the categories of personal information shared with our affiliates and/or third parties by emailing customerservice@bennyseyewear.com.
Write to us at the following address: 1221 Bowers Street, P.O. Box 27, Birmingham, MI 48012

Benny’s Eyewear does not yet recognize Global Privacy Control signals, but it strives to comply with any requests to opt out from the collection and use of PII. Should you wish to opt out from the collection and use of your PII, please contact our Data Protection Officer through the contact information provided in this Privacy Notice.

Data retention policy

Our normal retention policy is that we retain your information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law. Note that if we update the information we have on file for you upon your request or if we allow you to do so yourself through the Site, we cannot guarantee that older versions of that information (including outdated or inaccurate versions) will not remain on our systems, including in our backups and archives.

Data security disclaimer

While it is not possible to guarantee the security of data transmission over the Internet or any wireless network—and therefore you transmit data to us at your own risk—we use reasonable efforts to safeguard the confidentiality of your Personal Data. Once we receive your information, we will use reasonable efforts to ensure its security on our systems. We may provide links to third parties' websites, which we do not control. We are not responsible for information that you provide to those third-party sites. We recommend that you review the privacy policies if any provided at those sites.

California Privacy Rights

If you are a California resident, the information below may apply to you in addition to the terms of our Privacy Notice. Please review these additional privacy disclosures, which provide a summary of how we collect, use and disclose personal information about you and explain your rights under the California Consumer Privacy Act of 2018, as amended (the “CCPA”).

Categories of Information We Collect, Use, and Disclose. The personal information that Benny’s Eyewear collects, or has collected from consumers in the twelve (12) months prior to January 1, 2023 fall into the following categories established by the CCPA:

Category	Examples	Collected
A. Identifiers	Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	YES
B. Personal information categories listed in the California Consumer Records statute (Cal. Civ. Code § 1798.80(e))	Name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.	YES
C. Characteristics of protected classifications under State or federal law	Religious affiliation, ethnicity, etc.	NO
D. Commercial	Records of products or services purchased.	YES
E. Biometric Data	Fingerprints or footprints.	NO
F. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a Services, application, or advertisement.	YES
G. Geolocation data	Physical location or movements.	YES
H. Audio, electronic, visual, thermal, olfactory, or similar information	Video testimonials provided by users	YES
I. Professional or employment-related information	N/A	NO
J. Educational information	N/A	NO

We collect this information from you, your devices, third parties, or as otherwise described in this Privacy Notice. We use the categories of personal information as described in the section entitled “Use of Personal Information” above, and we disclose these categories of personal information for business purposes as described above and in the section entitled “Sharing of Personal Information”.

We do not share the personal information of consumers when we have actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sharing of the consumer’s personal information.

Your Rights.

Under the CCPA, California residents have the right to request access to or deletion of their personal information, and to request details about what personal information has been collected over the past twelve (12) months. You are also permitted to opt out of the sale or sharing of your personal information – we cannot sell or share your personal information after we receive your opt out request unless you later authorize us to do so again. Further, under the recently amended CCPA, consumers are provided with two additional rights: the right to correct inaccurate personal information that we and/or an affiliate may have about you and the right to limit the use and disclosure of sensitive personal information collected about you. You may direct us and/or our affiliate(s) to only use your sensitive personal information for limited purposes, such as providing you with the services you requested.

If you choose to exercise these rights, Benny’s Eyewear will not discriminate against you because of it. You may exercise these rights by clicking here privacyrequest@bennyseyewear.com or calling 866-303-3626. If you have additional questions or need help exercising your rights, you may email us at customerservice@bennyseyewear.com.

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have an account with us, we may verify your identity by requiring you to sign in to your account. If you request access to or deletion of your personal information and do not sign in to an account with us, we require you to provide the following information: name, email address, phone number, and postal address. In addition, if you do not have an account and you ask us to provide you with specific items of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to request on your behalf access, deletion or opt out request: (i) we may require you to provide the authorized agent written permission to do so; and (ii) for access and deletion requests, we may require you to verify your own identity directly with us (as described above).

If you choose to exercise any of your rights under the CCPA, you have the right not to receive, and will not receive, discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request with the exception of requests to know about personal information we collect and how it is used and shared.

You have the right to request, twice in a twelve (12) month period, that we disclose to you the personal information related to you that we have collected during the past twelve (12) months. This may include:

The categories and specific items of personal information we have collected about you
The categories of sources from which we collected the personal information
The business or commercial purpose for which we collected the personal information and how it is shared
The categories of third parties with whom we shared the personal information
The categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose

If you are a resident of California, you have the right to be notified before or at the point we and/or third parties collect your personal information, of the types of information we and/or third parties are collecting, and what we and/or third parties may do with that information, as defined by California Civil Code Section 1798.83. You may request to know what we share with our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties.

How to submit a request.

Submit a request to privacyrequest@seeeyewear.com, or call us at (866-303-3626.
Submit a request regarding the categories of personal information shared with our affiliates and/or third parties by emailing customerservice@bennyseyewear.com.
Write to us at the following address: 1221 Bowers Street, P.O. Box 27, Birmingham, MI 48012

Once a request is submitted, you will receive an email within ten (10) days that we will use to verify your identity and provide confirmation of your request. We will respond to your request for access or request to delete within forty five (45) days from the day we receive the request. If necessary, we may extend the time period to a maximum total of ninety (90) days from the day we receive the request. In such case, you will receive an email notifying you of the extension and explaining the reason for the extension. Any disclosure in response to a request for access will cover the twelve (12) month period preceding Benny’s Eyewear’s receipt of the request and will be delivered in a readily useable digital format, or by mail at your request.

Your request to know or request to delete may be denied for any reason allowable under the CCPA. For example, we may deny your deletion request if retaining the personal 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.
Comply with a legal obligation.
Make other internal and lawful uses of that personal information that are compatible with the context in which you provided it or for any other purpose permitted by the CCPA.

Similarly, we may deny requests:

For specific items of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks.
To access or delete information that is de-identified.
If your identity cannot be verified to a degree of certainty required by the CCPA.
From an authorized agent that does not submit proof that they have been authorized by the consumer to act on your behalf.

Sale of Personal Information.

Benny’s Eyewear does not, and will not sell any information that directly identifies our customers such as their names, email addresses, phone numbers, or postal addresses. We do use marketing and advertising partners, however, and we share cookies, IP addresses, and device identifiers with them so that they can help us promote our products and services. You can opt out of receiving certain targeted advertising as described in the “Collection of Personal Information” and “Sharing of Personal Information” sections above.

Colorado Residents

Benny’s Eyewear, Inc. does not conduct business in Colorado as that term is defined in Colorado’s data privacy laws, control or process the personal data of 100,000 or more consumers during a calendar year, or derive revenue or receive a discount on the price of goods or services from the sale of personal data.

Connecticut Residents

During the preceding calendar year, we did not control or process the personal data of at least 100,000 consumers or derive more than 25% of our gross revenue from the sale of personal data.

Montana Residents

Benny’s Eyewear, Inc. does not control or process the personal data of 50,000 or more Montana residents during a calendar year or derive over 25% of its revenues from the sale of personal data and control or processing of personal data of 25,000 or more Montana residents. Therefore, the Montana Consumer Data Privacy Act does not apply to Our collection or use of PII.

Nevada Residents

If you are a resident of Nevada, you may provide notice to us to limit the sale of your personal data to third parties for resale or licensing purposes. However, we do not sell your personal data for such use. To notify us that you wish to limit the sale of your personal data to third parties for resale or licensing purposes, you may send us an email to privacyrequest@seeeyewear.com with the subject line, “Nevada Do Not Sell Request,” along with your name, address, and user account information.

Tennessee Residents

Benny’s Eyewear, Inc. does not exceed $25 million in annual revenue, control or process the personal information of 175,000 or more Tennessee consumers, or control or process the data of 25,000 consumers while deriving more than 50% of its gross revenue from the sale of personal information.

Texas Residents

Benny’s Eyewear, Inc. is considered a small business as defined by the Small Business Administration and, therefore, is exempt from the Texas Data Privacy and Security Act. However, We generally collect and process PII only to the extent that it is adequate, relevant, and reasonably necessary for the purposes disclosed in this Privacy Notice. The categories of PII collected by Benny’s Eyewear, Inc. are disclosed within this Privacy Notice, and Texas residents may request, free of charge, information of the PII collected from them twice annually.

Utah Residents

Benny’s Eyewear, Inc. does not have annual revenues of $25,000,000 or more nor does it control or process the PII of 100,000 or more consumers. Therefore, the Utah Consumer Privacy Act does not apply to Our collection and use of PII.

Virginia Residents

Benny’s Eyewear, Inc does not control or process the personal data of at least 100,000 Virginia residents or control or process the personal data of at least 25,000 Virginia residents and derive more than 50% of its gross revenue from the sale of personal data. For these reasons, the Virginia Consumer Data Protection Act (VCDPA) does not apply to Benny’s Eyewear, Inc’s collection and use of personal data.

Children

We are especially sensitive about children’s information. We do not knowingly collect information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). We also do not share the personal information of consumers when we have actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sharing of the consumer’s personal information. If you are a parent or legal guardian of a minor child, you may use the Site on behalf of such minor child. We will treat any information that you provide us while using the Site on behalf of your minor child as personal information as otherwise provided in this Privacy Notice. If you have questions concerning our information practices with respect to children, or if after a transaction, you would like to review, have deleted, or stop the further collection of your child’s personal information, please email us at customerservice@bennyseyewear.com.

Traffic Data

It is possible that in our email to you we will use a “click-through URL.” If we do use a “click-through URL,” when you click on the URL, you will pass through our web server before arriving at the destination website. We may keep track of each click-through to help us determine your interest in particular topics and/or merchandise we sell or feature on our Site, and use this information to measure the effectiveness of our customer communications.

Privacy Rights for Residents of the European Economic Area (“EEA”) and the United Kingdom

Benny’s Eyewear adheres to the EU-U.S. Data Privacy Framework (“DPF”) Principles, including the DPF’s Supplemental Principles, and complies with the Principles in handling all data from EU-citizens. Benny’s Eyewear is subject to the enforcement powers of the United States Federal Trade Commission (“FTC”) in relation to its handling of user data.

If you are a European citizen, you are entitled to certain rights regarding the protection of your Personally Identifiable Information and Personal Data, which are subject to limitations set forth in the EU GDPR and its applicable case law. These rights are:

The right to access and correct the information that Benny’s Eyewear processes about you;
The right to transfer all or a part of the information collected about you to another data controller, where it is technically feasible;
The right to the erasure of data concerning you, subject to Benny’s Eyewear’s rights of retention under the law;
The right to object to the processing of Personally Identifiable Information and Personal Data where you dispute the accuracy of the data, the processing is not lawful, Benny’s Eyewear no longer needs the information for the purposes of processing, or you have raised an objection for personal reasons;
The right to revoke your consent to data processing;
The right to object to the processing of your Personally Identifiable Information and Personal Data for marketing purposes;
The right to object to the processing of Personally Identifiable Information and Personal Data for direct marketing or for personal reasons that arise from your particular situation; and
The right to file a complaint with a data protection authority.

To exercise these rights, you may either opt out of receiving communications from Benny’s Eyewear by unsubscribing to its e-mails or by sending an e-mail to privacyrequest@bennyseyewear.com. You do not need to pay a fee to exercise these rights, however, Benny’s Eyewear reserves the right to charge a reasonable fee if your request is unreasonable or excessive. To confirm your request, we may need to request specific information from you as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty (30) days.

For further information regarding your privacy rights as a citizen of the EU, please visit the U.S. Department of Commerce’s Services at https://www.commerce.gov/ and the DPF overview webpage at https://www.dataprivacyframework.gov/s/program-overview.

You can find a list of DPF certified organizations here: https://www.dataprivacyframework.gov/s/

Beyond filing a complaint directly with Benny’s Eyewear using the mechanisms described above, you may also file a complaint with a third-party, neutral arbitrator who will provide appropriate recourse free of charge. If you are looking for an alternative dispute settlement provider, please visit https://www.jamsadr.com/eu-us-data-privacy-framework. JAMS is a US-based arbitration service provider. You are not required to use JAMS to arbitrate a dispute with Benny’s Eyewear.

As a citizen of the EU you may, under certain conditions, invoke binding arbitration against Benny’s Eyewear, and Benny’s Eyewear may be held liable in cases of onward data transfers to third parties as described more fully in DPF overview page linked above. Benny’s Eyewear may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Responding to Do Not Track Signals

You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI Services and DAA Services. Our Services is not currently set up to respond to browser do-not-track signals because there is no consensus within the advertising industry as to what “do not track” means in this context, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.

You can opt out of targeted advertising by using the links below:

Call Tracking Metrics: https://shorturl.at/fpBJK
Facebook: https://www.facebook.com/settings/?tab=ads
Google: https://www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

Modifications to this policy

We review this Privacy Notice to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Privacy Notice, and we reserve the right to do so at any time. If we do revise this Privacy Notice, we will update the “Effective Date” at the top of this page so that you can tell if it has changed since your last visit. Your continued use of this Site constitutes your acceptance of the terms of the Privacy Notice, as amended or revised by us from time to time. We encourage you to review this Privacy Notice regularly for any changes.

Business Transfers

If the ownership of all or substantially all of our business changes, or we otherwise transfer assets relating to our business, Benny’s Eyewear or any of the services we provide to a third party (such as by merger, acquisition, bankruptcy proceeding, or other change of control transaction), we may transfer or sell your personal information and other information to the new owner. In such a case, unless permitted otherwise by applicable law, your personal information and other information would remain subject to this Privacy Notice unless we notify you otherwise.

Contact

If you have any questions about this Privacy Notice, or if you have suggestions on how we might improve it, please contact us at legal@bennyseyewear.com. Note that any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Benny’s on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Benny’s property. Benny’s is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.