Pearle Vision Privacy Policy

PRIVACY POLICY

CALIFORNIA PRIVACY POLICY

If you are a California resident and Pearl Vision, Sears Optical, LensCrafters, Sunglass Hut, Target Optical, or Macy's Optical customer, you have the right to request information from Pearle Vision about the way in which Pearle Vision shares certain categories of your personal information with affiliated Luxottica Retail companies for their direct marketing purposes.

California law provides that you have the right to submit a request to Pearle Vision at CAPrivacyPolicy@Luxotticaretail.com and receive the following information:

1. The covered categories of personal information disclosed by Pearle Vision to affiliated Luxottica Retail brands for their direct marketing purposes during the preceding calendar year.
2. The names of the affiliated companies sharing the Luxottica Retail name which received such information.

You are entitled to receive a copy of this information in a standardized format, and the information will not be specific to you individually.

PRIVACY POLICY

This Privacy Statement describes the types of information we collect from you when you visit or order products from our site, and explains what we do with that information. This Privacy Statement is effective as of April 05, 2007 and will remain in effect until we replace it.

Information Collection & Use

If you purchase a product or service from us we request certain personally identifiable information from you on our order form. You must provide contact information (including, but not limited to, name, email, and shipping address) and financial information (including, but not limited to, credit card number, expiration date, etc.).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Pearle Vision, Inc. and its affiliates (defined collectively "Luxottica Retail") are the sole owners of the information collected on PearleVision.com. We collect personally identifiable information from our users at several different points on our Web site.

Surveys or Contests

From time-to-time we may provide you the opportunity to participate in surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes demographic information (such as income level and gender).

We use this information to monitor the interests and attitudes of visitors to our site and to ensure that our site provides information that is relevant and helpful.

We use a third party service provider to conduct these surveys; that company is prohibited from using our users' personally identifiable information for any other purpose. Other than such third party service providers, we will not share the personally identifiable information you provide through a survey with other third parties unless we give you prior notice and choice.

Log Files

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

We use third-party tracking services called Omniture SiteCatalyst and Google Analytics that use JavaScript to track non-personally identifiable information about visitors to our site in the aggregate. We also use pixels, or transparent GIF files, provided by DoubleClick, to enable us to learn which advertisements bring users to our web site. We may from time to time use other third parties for similar type tracking services. Any information we track in this manner is anonymous, limited to usage and volume statistics, and is used to provide insight into the effectiveness of our online marketing initiatives and strategies.

Cookies

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We may link the information we store in cookies to your personal information in order to provide a faster and more pleasant online shopping experience.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.

We set a session cookie to store your passwords, so you don't have to enter it more than once per session. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests, surveys and online shopping will be limited. This privacy statement covers the use of cookies by this site only and does not cover the use of cookies by any advertisers or third party sites that may be linked to from this site.

Communications from the Site

Special Offers and Updates

If you choose to order a product from us through this site, we will occasionally send you information on products, services, special deals and promotions. You may, however, choose not to receive these types of communications at the time of your order. Please see the section below titled "Choice and Opt-out."

Customer Service

Based upon the personally identifiable information you provide us, we will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

Profile

We store information that we collect through cookies, log files and third party sources to create a "profile" of your preferences. We tie your personally identifiable information, and your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you. We do not share your profile with third parties other than third parties that assist us in our marketing efforts and the Luxottica Companies, as described below.

Supplementation of Information

In order to provide secure and convenient online ordering, we use third party vendors, Cybersource and Accumenex, to verify your credit card information and billing address.

Information Sharing and Disclosure

We are required by applicable federal and state law to maintain the privacy of your health information. Please see our HIPAA Privacy Statement for information on our privacy practices, our legal duties, and your rights concerning your health information. Any health information we collect from you on this site will be handled in accordance with the terms of our HIPAA Privacy Statement.

Aggregate Information (non-personally identifiable)

We share aggregated demographic information about our user base with our agents, including agencies or third party vendors used to aggregate demographic information, provide marketing analysis and consult on advertising strategies. This information does not identify individual users.

We do not link aggregate user data with personally identifiable information.

Personally identifiable information:

When you order a product from this site, or fill out a survey or contest entry on this site, we share your personally identifiable information with our affiliates and subsidiaries including, but not limited to Lenscrafters, EyeMed Vision Care, Pearle Vision, Cole, and Sunglass Hut. We may also share your personally identifiable information with such other affiliates or subsidiaries that we may acquire at some future time. Collectively, we refer to these subsidiaries and affiliates as the "Luxottica Companies."

The Luxottica Companies will occasionally send you information on products, services, special deals and promotions in which you might have an interest. The Luxottica Companies' use of your information will be limited by the terms of this Privacy Statement in the same way that our use of your information is limited. If you do not wish to receive communications from any or all of the Luxottica Companies, you may choose not to allow us to share your information with them. Please see the section below titled "Choice and Opt-out."

Other than the Luxottica Companies, any successor entities to the Luxottica Companies, and our agents and partners, or as otherwise provided in this Privacy Statement, we do not share your personally identifiable information with third parties.

Agents

We use an outside shipping company to fulfill orders, and a credit card processing Luxottica Retail to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

We will also share your personally identifiable information with third parties who assist in aggregating data relating to the purchase of goods from our website, the redemption of special website offers and promotions, and other similar transactions in order to analyze trends and improve our marketing efforts. Although the information shared with these third parties necessarily contains personally identifiable information, such personally identifiable information is not present in the reports they generate.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

Choice and Opt-out

We provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, or if you no longer wish to receive our promotional communications, you can indicate your preference on our email communications by simply checking the box provided to unsubscribe.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Links to Other Sites

This Web site contains links to other sites that are not owned or controlled by Luxottica Retail. Also, you may have linked to this web site from another site not owned or controlled by Luxottica Retail. Please be aware that Luxottica Retail is not responsible for the privacy practices of such other sites.

Be careful of disclosing any of your personally identifiable information when leaving our site. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

This privacy statement applies only to information collected by this Web site.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by contacting our Customer Support by telephone or postal mail at the contact information listed below or by sending an email to privacyoffice@luxotticaretail.com.

Security

The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can email us at privacyoffice@luxotticaretail.com.

Business Transitions

In the event Luxottica Retail, Pearle Vision Inc. or its affiliates goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via a prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information. You consent to the transfer of your personally identifiable information to any such successor entity unless you notify us via email to the contrary.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, which is linked from the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Contact Us

If you have any questions or suggestions regarding our privacy policy, please contact us at:

Privacy Office
Luxottica Retail
4000 Luxottica Place
Mason, Ohio 45040
Phone: 513-765-4321
Email: privacyoffice@luxotticaretail.com

WEB SITE TERMS AND CONDITIONS

Welcome to PearleVision.com. Pearle Inc. and its affiliates (defined collectively "Luxottica Retail"), provides this Site and related services subject to the following terms and conditions of use (the "Site Terms"). By accessing, browsing or using this Site you agree to follow and be bound by these Site Terms and Conditions and all applicable law.

Privacy

We have adopted a Privacy Statement that you should refer to in order to fully understand how we collect and use your information.

Electronic Communications

When you visit this Site, or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright

Images of people, places and/or products posted on this Site are either the property of the Company, or are used herein with express permission to the Company. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of the Company or its suppliers, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of the Company and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site can only be made with the prior written and express authorization of the Company. For further information on how you may obtain authorization to use any materials or content on this Site, please contact the Company at the "Contact Us" section of this Site.

Trademarks

All trademarks, trade dress and service marks and their respective designs and/or logos on this Site are trademarks or registered trademarks of the Company or its affiliates. The Company's and its affiliate's trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos used in this Site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of the Company or its affiliates, nor may you place any meta tags or any other "hidden text" utilizing the Company's or its affiliate's names, trademarks, or product names without our express written consent.

License and Site Access

We grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any of the contents of this Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Site (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any of the contents of the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site or to collect any information from the Site or any other user of the Site.

Your Account

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify the Company immediately of any unauthorized use of your account and/or password(s), or other breach of security.

Matter you may submit to the Company

From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third-parties.

The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.

Risk of Loss

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

HyperLinks

The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.

Children

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS SITE.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DISCLAIMERS APPLY EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS SITE AND/OR ITS CONTENTS. BY USING THIS SITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF THIS SITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS MADE SOLELY AT YOUR OWN RISK.

IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Termination

Notwithstanding any of these Site Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Site Terms will still apply.

Applicable Law

By accessing, browsing or using this Site, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and the Company or its affiliates. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or state courts located in Warren County, Ohio and/or the Southern District of Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and the Company or any of its affiliates.

Site Policies, Modification and Severability

We reserve the right to make changes to this Site, our Privacy Statement, and these Site Terms at any time. If any of these Site Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Entire Agreement

These Site Terms constitute the entire agreement between the user and the Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Site Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Software

To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

Contact Information

If you have any questions or suggestions regarding these terms and conditions, please contact us at:

Luxottica Retail
4000 Luxottica Place
Mason, Ohio 45040
Phone: 513-765-4321
Email: privacyoffice@luxotticaretail.com

HIPAA

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

PLEASE REVIEW IT CAREFULLY

OUR LEGAL DUTY

We are required by applicable federal and state law to maintain the privacy of your health information. We are also required to give you this Notice about our privacy practices, our legal duties, and your rights concerning your health information. We must follow the privacy practices that are described in this Notice while it is in effect. This Notice takes effect August 1, 2007, and will remain in effect until we replace it.

We reserve the right to change our privacy practices and the terms of this Notice at any time, provided such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our Notice effective for all health information that we maintain, including health information we created or received before we made the changes. In the event we make a material change in our privacy practices, we will change this Notice and provide it to you at your next visit or it can be viewed in the store or on our Web site.

You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice.

USES AND DISCLOSURES OF HEALTH INFORMATION

We use health information about you for treatment, to obtain payment for treatment, for administrative purposes, and to evaluate the quality of care and service that you receive. Your health information is contained in a medical or optical dispensary record that is the physical property of Luxottica Retail.

How We May Use or Disclose Your Health Information

For Treatment. We may use or disclose your health information to an optometrist, ophthalmologist, optician or other healthcare providers providing treatment to you for:

• the provision, coordination, or management of health care and related services by health care providers;
• consultation between health care providers relating to a patient/customer;
• the referral of a patient for health care from one health care provider to another; or
• appointment reminders and recall information.

For Payment. We may use and disclose your health information to others for purposes of processing and receiving payment for treatment and services provided to you. This may include:

• billing and collection activities and related data processing;
• actions by a health plan or insurer to determine or fulfill its responsibilities for coverage and provision of benefits under its health plan or insurance agreement, determinations of eligibility or coverage, adjudication or subrogation of health benefit claims;
• medical necessity and appropriateness of care reviews, utilization review activities; and
• disclosure to consumer reporting agencies of information relating to collection of payments.

For Health Care Operations. We may use and disclose health information about you for operational purposes. For example, your health information may be disclosed to:

• evaluate the performance of our associates;
• assess the quality of service, product and care in your case and similar cases;
• learn how to improve our facilities and services;
• conduct training programs or credentialing activities; and
• determine how to continually improve the quality and effectiveness of the products service , and care we provide.

Appointments, Treatment and Quality Assurance. We may use your information to provide appointment reminders or recall notices (such as voicemail messages, postcards or letters) or information about treatment alternatives or other health-related benefits, products and services that may be of interest to you. We may also contact you to conduct our own surveys about the quality of the products and services we provide.

Fund Raising. We may use certain information (name, address, telephone number, dates of service, and gender) to contact you in the future to raise money for our institutionally related foundation, Give the Gift of Sight Foundation. The money raised will be used to expand and improve the health care services and programs we provide the community.

To You, Your Family and Friends. We must disclose your health information to you, as described in the Your Health Information Rights section of this Notice. We may disclose your health information to a family member, friend or other person to the extent necessary to help with your healthcare or with payment for your healthcare, but only if you agree that we may do so or, if you are not able to agree, if it is necessary in our professional judgment.

Persons Involved in Care. We may use or disclose health information to notify, or assist in the notification of (including identifying or locating) a family member, your personal representative or another person responsible for your care, of your location or your general condition. If you are present, then prior to use or disclosure of your health information, we will provide you with an opportunity to object to such uses or disclosures. In the event of your incapacity or emergency circumstances, we will disclose health information based on a determination using our professional judgment disclosing only health information that is directly relevant to the person's involvement in your healthcare. We will also use our professional judgment and our experience with common practice to make reasonable inferences of your best interest in allowing a person to pick up filled prescriptions, medical supplies, photos, or other similar forms of health information.

Required by Law. We may use and disclose information about you as required by law. For example, we may disclose information for the following purposes:

• for judicial and administrative proceedings pursuant to legal authority;
• to report information related to victims of abuse, neglect or domestic violence;
• to assist law enforcement officials in their law enforcement duties; or
• to assist public health officials avert a serious threat to the health or safety of you or any other person.

Decedents. Health Information may be disclosed to funeral directors or coroners to enable them to carry out their lawful duties.

Organ/Tissue Donation. Your health information may be used or disclosed for cadaveric organ, eye or tissue donation purposes.

Research. We may use your health information for research purposes when an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your health information has approved the research.

Government Functions. Specialized government functions such as protection of public officials or reporting to various branches of the armed services that may require use or disclosure of your health information.

Worker Compensation. Your health information may be used or disclosed in order to comply with laws and regulations related to Worker Compensation.

Marketing Health Products or Services. We will not use your health information for marketing communications without your prior written authorization. We may, however, provide you with information regarding products or services that we offer related to your health care needs from brands including LensCrafters, EYEXAM of California, Pearle Vision, Pearle VisionCare, Sears Optical, Sunglass Hut, Sole Mio, Target Optical and BJ's Optical. This Notice of Privacy Practices applies to all such brands. We will never sell your health information without your prior authorization.

Your Authorization. In addition to our use of your health information for treatment, payment or healthcare operations, you may give us written authorization to use your health information or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your health information for any reason except those described in this Notice.

YOUR HEALTH INFORMATION RIGHTS

Access: You have the right to review or get copies of your health information, with limited exceptions. You may request that we provide copies in a format other than photocopies. We will use the format you request unless we cannot practicably do so. You may be asked to make a request in writing to obtain access to your health information. You may obtain a form to request access by using the contact information listed at the end of this Notice. We will charge you a reasonable cost-based fee for expenses such as copies and staff time. You may also request access by sending us a letter to the address at the end of this Notice setting forth the specific information to which you desire access. If you request an alternative format, provided that it is practicable for us to produce the information in such format, we will charge a cost-based fee for providing your health information in that format. If you prefer, we will prepare a summary or an explanation of your health information for a fee. Contact us using the information listed at the end of this Notice for a full explanation of our fee structure.

Disclosure Accounting: You have the right to receive a list of instances in which we or our business associates disclosed your health information for purposes other than treatment, payment, healthcare operations, where you have provided an authorization and certain other activities, for the last 6 years, but not for disclosures made prior to April 14, 2003. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests.

Restriction: You have the right to request that we place additional restrictions on our use or disclosure of your health information. We are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in an emergency).

Alternative Communication: You have the right to request in writing that we communicate with you about your health information by alternative means or to alternative locations. Your request must specify the alternative means or location, and provide satisfactory explanation how payments will be handled under the alternative means or location you request.

Amendment: You have the right to request that we amend your health information. Your request must be in writing, and it must explain why the information should be amended. We may deny your request under certain circumstances. You may obtain a form to request an amendment to your health information by using the contact information listed at the end of this Notice.

Electronic Notice: If you receive this Notice on our Web site or by electronic mail (e-mail), you are entitled to receive this Notice in written form.

PRIVACY QUESTIONS AND COMPLAINTS

If you want more information about our privacy practices or have privacy questions or concerns, please contact us. If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your health information or in response to a request you made to amend or restrict the use or disclosure of your health information or to have us communicate with you by alternative means or at alternative locations, you may complain to us using the contact information listed at the end of this Notice. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request.

We support your right to the privacy of your health information. We will not retaliate in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.

Contact Information

If you have any questions or complaints relating to privacy, please contact:

Privacy Office
Luxottica Retail
4000 Luxottica Place
Mason, Ohio 45040
Phone: 513-765-4321
Email: privacyoffice@luxotticaretail.com

Thank you for entrusting Luxottica Retail with your eye care and eye wear needs.