Digital Vision, Inc., Privacy Policy

Updated April 10, 2020

1. Introduction

For purposes of this Privacy Policy, references to “we,” “our,” and “us” mean Digital Vision, Inc. We own and operate the website at thedvi.com, the Seer mobile application (available through platforms such as Google Play and Apple App Store), and the Rx Wizard software, which is accessible to customers through dvirx.com (collectively, the “Website”). This Privacy Policy explains how and why we collect, use, and disclose personal information collected through the Website. If you do not agree with our policies and practices, your choice is to not use our Website. We reserve the right to change, modify, add, or remove portions of this Privacy Policy from time to time. We will not, however, retroactively change how we share personal information without your consent. We will provide notice to you of any material changes through the Website or by other means as we deem appropriate before they take effect. Please check back periodically for any changes we may make to the Privacy Policy. Your continued use of the Website following the posting of changes to this Privacy Policy means that you accept these changes.

2. Personal Information We Collect About You

Our Website is designed to facilitate the electronic collection of eyeglass prescription information, submit eyeglass orders to labs, and track those orders. When you interact with, and set up your account through, the Website, we may collect personal information from you such as:

  • First and last name;
  • Company name;
  • Account name;
  • Account ID;
  • Username and password;
  • Company website URL(s);
  • Security questions and answers;
  • Email address;
  • Phone number;
  • Fax and modem number;
  • IP address;
  • Mailing address; and
  • Personal information you choose to provide in “comment, ” “question,” and other interactive forms.

We may also collect general information about the equipment you use to access the Website, your operating system and browser type, the services that you use, times and dates of your interactions with the Website, details of your transactions through and interactions with the Website, and software event data. You are responsible for disclosing to all end-users this Privacy Policy – or otherwise adequately disclosing our privacy practices to your end-users (as such practices may be updated from time to time) and obtaining any necessary consents to our practices.

3. Personal Information We Collect About Patients from You

You may use the Website to collect, store, and transmit the personal information of patients and personal information associated with a broker account, such as:

  • First and last name;
  • Mailing address;
  • Prescription information; and
  • Personal information you choose to provide in any free-form/narrative fields, or through custom fields (e.g., custom fields for inputting insurance authorization information).
    By providing any third-party’s personal information, you are representing to us that you have made the necessary disclosures, and obtained the appropriate permission from that third party, to provide that personal information and that we may use it as set forth in this Privacy Policy.

4. How We Collect Information

We may collect information: • Directly from you when you provide it, including by filling out forms (e.g., account setup, order entry, Mail to Patient), requesting additional information or services, or registering for online payments. • Automatically as you interact with the Website, such as data on browsing activities and patterns, times and dates of logins, and event data. • From third parties that we use to operate the Website and its services.

5. How We Use Personal Information

We may use or disclose personal information for one or more of the following business purposes:

  • Presenting our Website and its contents.
  • Providing the information, goods, and services you’ve requested or agreed to receive. This includes, without limitation, facilitating the collection of patient prescription information and transmitting such information to an ophthalmic lab for the manufacture of prescription lenses.
  • Enabling you to interact with Website features and improving the Website’s performance when you return to the Website.
  • Carrying out our obligations and enforcing our rights arising from any contracts entered into between us, including for billing and collection.
  • Improving and managing the Website.
  • Informing you about new features of the Website.
  • For any other purpose disclosed by us when you provide the information.
  • For other purposes with your consent, which you may withdraw at any time.

6. How We Share Information

We may share non-personally identifiable information, such as aggregated and deidentified user statistics, with third parties without restriction. We do not share your personal information with third parties for third- party marketing purposes, or for any other purpose other than as described in this Privacy Policy. We may share the information we have collected about you and patients—including personal information—as disclosed at the time you provide such information and in the following circumstances: Third Parties Providing Services on Our Behalf. We use third parties to host the Website, design and operate the Website features, and perform administrative, analytics, and communications services. Services these parties provide include cloud storage, enabling us to send you email newsletters, and providing information to us about the use of the Website and viewing of our content. We may disclose your personal information to these companies so they can carry out these business purposes on our behalf. These companies are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. Administrative and Legal Reasons. We may also disclose personal information to enforce or apply our agreement(s) with you – such as our Software License and Support Agreement and End User License Agreement – or if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us; and (b) protect and defend our rights or property, the Website, its users, or the public. Business Transfer. We reserve the right to disclose and transfer all information related to the Website, including, without limitation, all personal information and usage information: (y) to a subsequent owner, co-owner, or operator of the Website or applicable database; or (z) in connection with a corporate merger, consolidation, reorganization, divestiture, restructuring, the sale of substantially all of our equity interests and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process or during any bankruptcy, liquidation, or similar proceeding.

7. Sales of Personal Information

We have not sold, and—except in connection with a business transfer (described above)—we will not sell your personal information.

8.Links to Other Websites and Services

We are not responsible for the practices employed by websites, mobile applications, or services linked to or from the Website, including the information or content contained therein. Please remember that our Privacy Policy does not apply to third-party websites, mobile applications, or services. Nor does this Privacy Policy apply to information we collect by other means (including offline) or from other sources other than through the Website.

9. Browser Storage

We use forms of browser storage, such as “localstorage,” “sessionstorage,” and “indexeddb” to help give you faster access to pages you have already visited and help you to participate in activities or events on the Website – such as forms. You may be able to delete this storage by clearing browser data, or disable the storage altogether, but doing so may affect your ability to access or use the Website.

10. Security

Personal information is stored in secure operating environments that are not available to the public. In some instances, personal information is encrypted during storage and transmission. Only those of our employees and agents who need access to personal information to do their jobs are allowed access, each having signed confidentiality agreements or otherwise subject to a duty of confidentiality. While we make reasonable efforts to safeguard personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. Nor are we responsible for you failing to secure your log-in credentials for the Website. As a result, we cannot ensure or warrant the security of any information you transmit to us or information we transmit to you from the Website, and you assume all related risks. We generally retain personal information until you request that we delete it. In certain cases, we may be required to continue to retain personal information to comply with applicable law or in connection with a legal claim.

11. Other Information

Business Purpose. We collect and process personal information only when we have a business purpose to do so. Examples of these business purposes (a) analyzing user data to maintain and improve the Website for all users; (b) providing you with access to the Website and goods and services provided through the Website; (c) providing you with up-to-date information about new features of the Website; (d) engaging third-party providers to deliver certain features of the Website; and (e) complying with record retention laws or other legal obligations. Cross-Border Transfer. The Website is hosted on servers in the United States. Any personal information you provide to us will be processed and stored on servers in the United States, the laws of which may be deemed by other countries to have inadequate data protection. Accordingly, if you are located outside the United States, you consent and continue to consent to the processing and storage of such data in the United States. We use appropriate safeguards to protect personal information in accordance with this Privacy Policy. We have also implemented appropriate safeguards with our third-party service providers. Do Not Track. Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Website does not respond to DNT signals. Children Under 16. The website at thedvi.com is not intended for children under 16, and we do not knowingly collect personal information from children under the age of 16 through that site. If you are under 16, please do not use that website or submit any personal information through it. If you have reason to believe that a child under the age of 16 has provided their personal information to us through thedvi.com, please contact us and we will delete that information. You may elect to provide personal information of children through the Seer mobile application or the Rx Wizard software. By providing any such personal information, you are representing to us that you have made the necessary disclosures, and obtained the appropriate permission from the patient and/or their parent/guardian, to provide that personal information and that we may use it as set forth in this Privacy Policy.

12. Your Choices and Privacy Rights

If you choose not to provide personal information, you may be unable to access or use the Website or certain Website features. Your Privacy Rights. You may access and update the personal information you provided at any time through your account. To request access to or correct or delete information, or terminate an account, you may submit a request to us by emailing info@thedvi.com. Please note that we may be unable to change or delete personal information if we believe it would violate any law or legal requirement or cause the information to be incorrect. Please also note that if we process your personal information on behalf of a customer or a customer’s end-user (e.g., if you are a patient), we may not be able to respond other than to direct you to such customer or end-user. Depending on the law that applies where you live, you may have additional rights. In any event, we may ask you to verify your identity before responding to any request. Improper Collection and Misuse of Personal Information. Please report any improper collection or misuse of personal information to info@thedvi.com. Depending on the law where you live, you may also have the right to file a complaint with your local attorney general or other data protection authority.

13.Business Associate Agreement

Nothing in this Privacy Policy is intended to amend or supersede any Business Associate Agreement between us. To the extent this Privacy Policy and a Business Associate Agreement between us conflict, the Business Associate Agreement will control and govern.

14. Our Contact Information

Digital Vision, Inc.
P.O. Box 82294
Portland, OR 97282
info@thedvi.com
(503)231-6606