Digital Vision, Inc., Privacy Policy

Last Reviewed: April 18, 2025

Last Modified: April 18, 2025

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 RxWizardTM software, which is accessible to customers through dvirx.com and rxwizardonline.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. In addition, failure to provide complete and accurate information may result in certain Website functionality being unavailable.

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.

We want this Privacy Policy to be accessible to you. If you would like to receive this Privacy Policy in another format (e.g., audio, large print, braille), please contact us as indicated in the “Our Contact Information” section at the bottom of this Privacy Policy.

2. Location of Data; International Transfers; Your Obligations

We are headquartered in the United States, but you may elect to access our Website outside of the U.S. When you use our Website outside of the U.S., personal data will be transferred to, stored in, and processed in the U.S., and you hereby consent to such processing. Some jurisdictions deem the U.S. as having inadequate data-protection laws and standards, and it is up to you to evaluate whether your use of the Website outside of the U.S. is appropriate or lawful. Since your decision to access the Website outside of the U.S. is outside of our control, you assume all risks associated with such access. You agree to notify us if you will be accessing the Website outside of the U.S. and provide us with any additional data-protection agreements or other legally approved mechanisms to lawfully transfer and otherwise process personal data internationally, such as standard contractual clauses, lawfully approved certifications, compliance with a jurisdiction’s data privacy framework, or binding corporate rules.

If you are a customer, you acknowledge that we have no direct relationship with end users (e.g., eye care professionals) or patients whose personal information may be processed using the Website. You therefore agree that – as between you and us – you are solely responsible for the accuracy, content, and legality of all end user and patient personal information. You will ensure that your use of the Website and personal information is compliant with your privacy policies and applicable law. Further, you are solely responsible for obtaining all third-party licenses, rights, clearances, consents, and approvals that may be required for you (and us on your behalf) to collect, process, and store personal information, and you represent and warrant that such collection, processing, and storage will not violate any applicable law or any intellectual property, publicity, privacy, and other rights of any third parties. You will be responsible and liable for the breach or violation of the terms of this Privacy Policy by your end users.

3. 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;
  • Sales representative codes;
  • 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.

4. 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).

As noted above, by providing any third-party’s personal information, you are representing to us that you have made the necessary disclosures, obtained the appropriate permission from that third party, and put any necessary safeguards in place to provide that personal information and that we may use it as set forth in this Privacy Policy.

5. 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.

6. 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.

7. 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, end users, 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, support, and communications services. Services these parties provide include cloud storage, enabling us to provide you remote support, 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.

8. 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.

9. 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.

10. 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.

11. Security; Data Retention

Personal information is stored in secure operating environments that are not available to the public. We encrypt electronic personal information 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. 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.

Nor are we responsible for the security of your computers and other devices, or the overall security of your network. We encourage you to take steps to protect your account and all personal data in your possession, custody, or control by using administrative, technical, and physical safeguards, securing your log-in credentials, signing off after using a shared computer, and choosing a robust password that nobody else knows or can easily guess. Since the security of your devices, network, and log-in information are outside of our control, we are not responsible for any unauthorized access, use, or disclosure of personal information resulting from vulnerabilities in or compromises to the foregoing.

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.

12. 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 include (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.

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 engage in any tracking, and it therefore does not respond to DNT signals.

Children Under 16. The websites at thedvi.com, dvirx.com, and rxwizardonline.com are not intended for children under 16, and we do not knowingly collect personal information from children under the age of 16 through those sites. If you are under 16, please do not use those websites or submit any personal information through them. If you have reason to believe that a child under the age of 16 has provided their personal information to us through one or more of those sites, 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 RxWizardTM 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.

13. Your Choices and Privacy Rights

If you have an account with us, you may access, review, update, and delete the personal information you provided at any time through your account. To request assistance with these processes, or terminate an account, you may submit a request to us by emailing info@thedvi.com. The rest of this section details how you may exercise additional rights you may have under applicable law. 

  • Opting Out of Text Messages and Promotional Emails. We do not send any marketing or promotional text messages at this time. If that changes in the future, you may opt out of receiving any text messages by replying “STOP.” You may opt out of marketing or promotional emails from us by (a) clicking the “Unsubscribe” (or similar) link in those emails or (b) emailing info@thedvi.com. Please keep in mind that you may still receive transactional and service-related emails from us, such as emails related to your purchases.
  • Other Rights for Certain U.S. Residents. In the U.S., consumer privacy is governed by federal privacy laws covering specific types of data and/or data uses, and state privacy laws providing general consumer-privacy rights. This section provides additional information regarding state-level privacy laws that are currently, or will soon be, in effect. Residents of such states can exercise their privacy rights by submitting a request to us as indicated below. Please note that the below list may contain rights that are not applicable to you (e.g., if you live in a state without a comprehensive privacy law). Please also note that our access and visibility into personal information may be limited in circumstances, such as when we receive it from customers – so we may only be able to refer your request to the appropriate customer in those circumstances.
    • Right to Correct. You have the right to request that we correct inaccurate personal information about you. If you become aware that the personal information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
    • Right to Deletion. You have the right to request that we delete your personal information, with certain exceptions.
    • Right to Know/Right to Access/Portability. You have the right to request confirmation regarding whether we have collected personal information about you and that we provide you with access to that personal information. If you submit an access request, we will provide you with copies of the requested pieces of personal information in a portable and readily usable format. Please note that we may be prohibited by law from disclosing certain pieces of personal information, and we may be limited in the number or frequency of requests we must fulfill.
    • Right to Disclosure. You may request that we disclose information to you about our collection and use of your personal information, such as: (a) the categories of personal information we have collected about you; (b) the categories of sources for the personal information we have collected about you; (c) our business purpose for collecting, using, processing, sharing or selling that personal information, as applicable; (d) the categories of third parties (and in some jurisdictions, the specific third parties) with whom we share that personal information; and (e) if we sold or shared your personal information for cross-contextual behavioral advertising (as defined by applicable law), two separate lists stating: (i) sales or sharing, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. Certain laws limit the number or frequency of requests we must fulfill.
    • Limited Use and Disclosure of Sensitive Personal Data. You have the right to opt-out of or limit our use of your sensitive personal information, but please note that we do not require you to provide sensitive personal information. If you choose to provide us with sensitive personal information, we will only use it for the purpose(s) for which you provided it. In no event do we disclose any sensitive personal information for the purpose of inferring characteristics about you. If this ever changes in the future, we will update this Privacy Policy and provide you with methods to limit our use and disclosure of your sensitive personal information.
    • Opt-Out of Selling and Sharing. If we ever engage in the sale or sharing of personal information for analytics and targeted advertising purposes, you may, as applicable, opt-out of such sales and sharing by adjusting your cookie and/or browser settings or by submitting a request by email at info@thedvi.com. If you submit your request by email, please put “OPT-OUT REQUEST” in the subject line.
    • Right to Opt-Out of Profiling. As applicable, you have the right to opt-out of certain automated profiling, particularly if the profiling is done in connection with access to critical goods or services (e.g., essential goods or services or employment).
    • Right to Nondiscrimination. We will not discriminate against you for exercising your privacy rights. For example, unless permitted by law we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services; (c) provide you a different level or quality of goods or services; (d) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (e) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under applicable privacy laws.
    • Right to Disclosure of Marketing Information. California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding personal information sharing with affiliates and/or third parties for marketing purposes.
    • Right to Appeal. If, after submitting a request under this section, you believe we have refused to act according to applicable law, you may appeal our action or inaction by using the following appeal process:
      • As indicated in the “Our Contact Information” section below, send us a notice with “Privacy Rights Appeal Notice” in the subject line (“Appeal Notice”) within 60 days of the earlier of either (a) our rejection of, or failure to fully comply with, your request or (b) if we have not responded to your request, when you initially submitted your request.
      • The Appeal Notice must contain information sufficient for us to verify your state of residence, identity/authority to act on behalf of the consumer, and evaluate your appeal.
      • We will either approve or deny your appeal within 45 days of your Appeal Notice, and will notify you in writing (which may be by email), of our decision and the reason(s) for our decision.
      • If we deny your appeal, our notice may provide you with contact information for the attorney general in your jurisdiction so you may submit a complaint to them.
  • Other Rights for Certain International Residents. Residents of certain foreign countries have legal rights that overlap with those set forth in the “Other Rights for Certain U.S. Residents” section above. They may also have legal rights associated with their personal data (“Personal Data”) beyond the generally applicable rights set forth above. If you are a resident of such a foreign jurisdiction, this section provides you with additional information associated with those rights.
  • International Transfers. As disclosed above, we are headquartered in the U.S. and Personal Data will be transferred to, processed, and maintained on computer systems located in the U.S. The U.S. is not currently a country the European Union has deemed “adequate” under applicable data protection laws. We may enter into data protection agreements or other legally approved mechanisms with our vendors to support compliance with applicable law, however. Specifically, we will take appropriate safeguards to require that Personal Data we process will remain protected in accordance with this Privacy Policy when transferred internationally, including when processed by third-party service providers. The safeguards we will take may include one or more of the following: implementing standard contractual clauses, relying on a third-party service provider’s lawfully approved certification and/or compliance with a data privacy framework, or binding corporate rules.
  • Data Controller. For Personal Data we collect from our Website, we are generally the data controller.
  • Data Processor. For Personal Data you upload to the Website on behalf of your customers or patients, we are generally the data processor and we will only use such Personal Data to provide the services you request.
  • Legal Basis for Processing. We collect and use Personal Data under the following legal bases: delivery of requested goods or services, legitimate business interest, and/or consent. More specifically, we will collect Personal Data from you: (a) where we have your consent; (b) where we need your Personal Data to provide the Website, other goods or services you request, and/or perform a contract with you; (c) where we have a legal obligation to do so; or (d) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (such as processing for administrative purposes, product development or improvement, preventing fraud or criminal acts, or securing information that we collect). If you have questions about, or need further information concerning, the legal basis on which we collect and use your Personal Data, please send an email to info@thedvi.com.
  • Onward Transfers. As disclosed above, we engage third-party providers to provide a variety of services that are necessary for the Website’s functionality. Such third parties act in accordance with the terms of our agreements, which include appropriate data-protection provisions. These agreements require that these third parties use your Personal Data only in a manner consistent with our instructions and applicable law.
  • Complaints. If you have a concern about our processing of Personal Data that we are not able to resolve, you have the right to lodge a complaint with the data-protection authority where you reside.

Depending on the law that applies where you live, you may have additional rights. Please note that, regardless of where you reside, 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. 

Finally, please note that we may ask you to verify your identity before responding to any request. We will only use the information you provide in these circumstances to verify your identity. In all circumstances, we will respond to your requests in the timeline required by applicable law (generally 30-45 days).

14. 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.

15. Business Associate Agreement

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

16. Our Contact Information

You may contact us regarding matters in this Privacy Policy at:

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