Privacy Policy

Tyksee.com. (“Tyksee,” “Company,” “us,” “we,” or “our”), is committed to respecting the privacy rights of our customers and visitors. This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications with our representative parties, or by our services online (collectively, the “Services”). Our online Services include the website located at www.tyksee.com, and other websites that are owned or controlled by the Company on which this Privacy Policy is posted (collectively, the “Site”). We created this Privacy Policy to help give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy.

This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Use located at www.tyksee.com/terms-of-use. By accessing, visiting or using our Services, you consent to the collection and use of the personal information in accordance with this Privacy Policy and our Terms of Use. Please note that if you disagree with anything in this Privacy Policy or our Terms of Use, you should not use our Services.

Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last amended. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. By using the Site or providing information to us following such changes, you will have accepted the amended Privacy Policy. If we make material changes to the Privacy Policy, then we will notify users by posting a notice on our Site and/or via email prior to such use or by other means as required by law.

1. TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT. We collect personal information when you use our Services, create an account with us or submit personal information to us. Personal information is any information that relates to you, identifies you personally or could be used to identify you, such as your name, email address, phone number, address and payment account number. The types of personal information that we may collect about you include, but are not limited to:
   • Information You Voluntarily Provide to Us. We collect the personal information you give us when you use our Services. For example, if you are a visitor to the Site, we may collect information that you provide to us when you communicate with any of our departments such as customer service, or when you complete online forms or surveys provided on the Site. You may also choose to provide your email address to us if you would like to receive additional information about the Site and the products and services that the Company offers. If you share any sensitive information through our Services, such as information about your medical or health conditions, we will handle, process and share this information in accordance with all applicable legal and regulatory requirements.
     If you want to become a registered user of the Site, access certain premium services offered through the Site or make a purchase through the Site, you will be required to provide additional information. This information will include your first and last name, mailing address, and email address. In addition, if you purchase any products through the Site, you will be asked to provide your payment account or credit card information, your eye glass prescription data and certain measurements regarding your eyes, vision, vision health, and needs for eyeglasses, and you may also elect to provide photographs if you use the Tyksee Virtual Frame™ service.
   • Information You Provide as Part of the “Refer a Friend” Program. You may provide us with the names and email addresses of your friends and contacts if you use our “Refer a Friend” program on the Site. We will only use the email address you provide for your friend or contact for the limited purpose of sending the applicable invitation, link or communication.
   • Information You Post on the Site. If you post information on public areas of the Site that information may be collected and used by Tyksee, other users of the Site, and the public generally. We strongly recommend that you do not post any information through the Site that allows strangers to identify or locate you or that you otherwise do not want to share with the public.
   • Information You Provide to Participate in Sweepstakes. From time to time, we may ask you to complete a survey and/or offer you an opportunity to participate in promotions and/or sweepstakes (collectively, “Promotions”) via the Site or through a third-party platform. If you choose to participate in a Promotion, we will collect and store the personal information you provide in connection with your participation in the Promotion, including, but not limited to, your name, email address, date of birth, and/or phone number. Such information shall be subject to this Privacy Policy unless otherwise stated in the official rules or guidelines of the Promotion or in another privacy policy governing the Promotion.
   • Information we collect in connection with a Promotion will be used to administer the Promotion, such as by notifying winners and distributing prizes. As permitted by applicable law, your information may also be used by the Company or the Promotion sponsor for marketing purposes. Your entry into the Promotion may result in the addition of your information to our mailing list as well as to the mailing list of our promotional partners. Acceptance of a prize may require you (unless prohibited by law) to allow us to post publicly some of your information via the Site, such as on a winner’s page.
   • Information Automatically Collected Through the Site. We may automatically collect information about you when you use the Site. For example, if you access the Site through a computer, we will automatically collect information such as your browser type and version, computer and connection information, Internet Protocol (“IP”) address and standard web log information. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer. Please see section 2 below to learn more about our automatic personal information processing activities.
2. COOKIES AND OTHER TRACKING TECHNOLOGIES.
   We may automatically collect information from you when you use the Site using “cookies” and other similar technologies, such as web beacons, to automatically collect information about you when you use the Site and to personalize your experience with our Services. The Company and third -party businesses may use the information collected through the Site using cookies, web beacons, and other similar technologies to help manage online advertising programs. This information may enable us, as well as third-party advertising services and other third-party businesses to track the actions of users online over time and across different web sites or platforms to measure statistics relating to marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience.
   • Cookies. Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time. Information that may be collected by cookies when you use the Site may include, without limitation: the pages you visit within the Site; the date and time of your visit to the Site; the amount of time you spend using the Site; the IP address used to connect your computer to the Internet; and/or your computer and connection information such as your browser type and version, operating system and platform. Generally, we use first-party and third-party cookies for the following purposes: to make our Services function properly; to provide a secure browsing experience during your use of our Services; to collect passive information about your use of our Services; to measure how you interact with our marketing campaigns; to help us improve our Services; and to remember your preferences for your convenience.
     We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party’s website for more information on how they use cookies. We use the following types of cookies on our Services:
     • Strictly Necessary Cookies. These cookies are essential because they enable you to use our Services. For example, strictly necessary cookies allow you to access secure areas on our Services. Without these cookies, some services cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Services to work and they cannot be disabled.
     • Functional Cookies. We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Services. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.
     • Performance or Analytic Cookies. We may work with third-party analytics services to help us understand how the Site is being used, such as tracking the frequency and duration of use of the Site. We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect information about your use of the Site. Google and these analytics services may use cookies to collect information about the content you view, what websites you visit immediately prior to and after visiting the Site, and your system information and geographic information. The information generated by these cookies about your use of the Site will be transmitted to and stored by the applicable analytics services. The information collected by these analytics services allows us to analyze your use of the Site.
     • Advertising or Targeting Cookies. These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant advertising on other sites. You may disable the use of these cookies as set forth below.
   • Analytics. We may use third-party service providers to monitor and analyze the use of our Site. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.
   • Behavioral Remarketing. We also use remarketing services to advertise on third-party websites to you after you visited our Site or services. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service. We use Google Ads for these purposes. Google Ads remarketing service is provided by Google. You can opt-out of this by visiting the Google Ads Settings
     page: http://www.google.com/settings/ads.
   • Other Tracking Technologies. To see how successfully our marketing campaigns or other Site goals are performing we sometimes use conversion pixels, which fire a short line of code to tell us when you have clicked on a particular button or reached a particular page (e.g. a thank you page once you have completed the procedure for subscribing to one of our services or have completed one of our forms). We also use web pixels to analyze usage patterns on our Site. The use of a pixel allows Tyksee to record that a particular device, browser, or application has visited a particular webpage.
     Pages of our Site may also use Java scripts, which are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components; entity tags, which are HTTP code mechanisms that allow portions of websites to be stored or “cached” within your browser to accelerate website performance; and HTML5 local storage, which allows data from websites to be stored or “cached” within your browser to store and retrieve data in HTML5 pages when the website is revisited.
   • Your Choices
     Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Sites by taking the steps outlined below.
     • First-Party Cookies. You can set your browser to reject cookies or to notify you when you are sent a cookie. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). However, if you disable cookies you may not be able to log in to the Site or to use certain features of the Site. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.networkadvertising.org/managing/opt_out.asp.
     • Mobile Advertising. You can opt out of having your mobile advertising identifiers used for certain types of advertising by accessing the settings in mobile device and following the instructions. If you opt-out, we will remove all data about you and will not collect any further data. The random ID previously assigned to you will be removed. Thus, if at a later stage, you decide to opt-in, we will be unable to continue and track you using the prior ID and you will for all practical purposes be a new user.
     • Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to http://www.aboutads.info/choices. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers
     • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://optout.aboutads.info/) or the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1). In addition, on your iPhone, iPad or Android mobile device, you can change your device settings to control whether you see online interest-based ads.
       
       We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
       • Google Chrome
     • Internet Explorer
     • Mozilla Firefox
     • Safari (Desktop)
     • Safari (Mobile)
     • Android Browser
     • Opera
     • Opera Mobile
   • Do Not Track. Your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, since uniform standards for “DNT” signals have not been adopted, we do not disable tracking technology that may be active on the Site in response to any “do not track” requests that we receive from your browser.
3. HOW WE USE THE INFORMATION WE COLLECT. We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place.
   • To Fulfill Orders and To Provide You Our Services. We use personal information we gather through the Site to process your orders or respond to requests or communications. When placing on order for glasses through the Site, you will have the ability to opt-in to receive “Renewal Reminders” from us. If you opt-in to receive Renewal Reminders, we will use the email address you have provided to us to send you reminders that your prescription (Rx) may require renewal.
   • For Internal Use. We may use personal information we collect about you through the Site to help us better understand how the Site and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Site and our products and services to improve your experience.
   • Marketing Communications. If you have provided your email address to us, we may email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving these emails from us, please follow the instructions contained in each email you receive from us which will allow you to opt-out of receiving further email marketing communications from us.
   • To Enforce Compliance with Our Terms and Agreements or Policies. When you access or use our Services, you are bound to our Terms of Use and this Privacy Policy. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your personal information to investigate, prevent or mitigate violations of our internal terms, agreements or policies; and, enforce our agreements with third parties.
   • To Ensure the Security of the Services. We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your personal information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information. We cannot ensure the security of our Services if we do not process your personal information for security purposes.
   • To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.
4. WHY WE SHARE YOUR INFORMATION. We may share your personal information as described below:
   • Service Providers. We will disclose your personal information to our contractors, affiliates, distributors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as fulfilling orders you place through the Site, processing payments, operating and supporting the Site, including the Tyksee Virtual Frame™ service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf.
   • Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. We will disclose personal information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any Third-Party, your information may be accessible by others to the extent permitted or required by applicable law.
   • Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any personal information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign personal information and other information we have collected from users of the Site to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
   • Our Affiliates. We may share some or all of your personal information with our parent company, subsidiaries and corporate affiliates, joint ventures, or other companies under common control with us. If you opt-in to receive marketing communications from third parties, we may permit these entities to use your information for their own marketing purposes. If you would like us to stop providing your information to our affiliates for their own marketing purposes, you may opt-out by emailing us at privacy@tyksee.com.
   • Marketing Partners. If you affirmatively opt-in to receive marketing communications from third parties, we may, from time to time, share personal information you provide to us with selected third-party marketing partners that we believe offer products or services that may be of interest to you. If you would like us to stop providing your information to our third-party marketing partners, you may opt-out by emailing us at privacy@tyksee.com.
   • Aggregate Information. We may share information relating to users of the Site with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
5. THIRD-PARTY LINKS AND CONTENT. The Site may include links to other websites and other content from Third-Party businesses. These third-party businesses may use cookies, web beacons or other similar technology to collect information about you. Tyksee does not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use. We are not responsible for the privacy practices of these third parties or the content on any third-party website. You are encouraged to review the privacy policies of the different websites you visit and of the advertisers whose ads you may choose to click while on our Site (see section 2 above for additional information about online advertising).
   • Social Media Services. The Site may include links to social media services or their features, such as sharing buttons, that will enable you to post comments, stories, reviews or other information on applicable social media websites. Your use of these social media services may result in the collection or sharing of your personal information by these social media services. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those social media services.
   • Third-Party Review Services. You may also provide information directly to third parties through the Site if you elect to use the third-party review service that we offer through the Site, Reseller Ratings by Answers. You are not required to use the Reseller Ratings by Answers service, but you may elect to do so by opting in and providing your email address. A copy of the Reseller Ratings by Answers privacy policy is located at www.resellerratings.com/terms#privacypolicy. When you are asked by Reseller Ratings by Answers to share your thoughts about one of our products, your review may be posted on the Site as well as on sites that share reviews with the shopping community such as Google and others.
   • Payment Processors. All payments made through the Site are processed by our third-party providers. All information collected by these third-party providers for purposes of processing your payments is not available to us, unless you have otherwise provided this information to us in connection with your use of the Site.
   • Third-Party Promotions. In some instances, a third-party advertiser or sponsor may operate or host a Promotion on or through our Site, and collect your information. In those cases, where we are not the sponsor or operator of the Promotion, we have no control over the information collected and, before participating, you should review the official rules as well as the advertiser’s or the sponsor’s privacy policy applicable to the Promotion. All of our Promotions are intended for people who are the age of majority in their respective state, province or country unless otherwise expressly stated.
6. YOUR PRIVACY RIGHTS. As described below, we provide you with the ability to access, correct and delete your personal information.
   • Right of Access and Right of Correction. If you have created a user account through the Site, you will have the ability to access, update and correct personal information you have provided in connection with your account by logging into your account through the Site.
   • Right of Deletion. If you would like to delete your Tyksee account, please contact us via email at unsubscribe@tyksee.com. Please be aware that even after your Account is terminated or deleted some or all of your information may still remain visible to others, including but not limited to any information that has been: (a) incorporated into others user’s content, comments, posting, and submissions, including but not limited to Course comments; (b) copied, stored or disseminated by other users; (c) shared or disseminated by you or others such as in a public posting; or (4) posted on a Third-Party platform. Termination of your account will not result in the removal of information collected and already put in aggregate form or information that cannot, in our sole discretion, be removed without undue burden to us.
   • Even after you delete your account or your account is otherwise terminated, we may retain your information as long as we have a legitimate purpose to do so and in accordance with applicable law. We also may retain backup copies of your information on our servers or databases (and/or any authorized third-party servers or databases we use) for legitimate purposes such as assist with any legal obligations, resolve disputes, and enforce Our agreements. Such information may be disclosed pursuant to this Privacy Policy regardless of whether your account is deleted or terminated.
7. CHILDREN. The Site is not intended for children under age 16. We do not knowingly collect or distribute personal information that we collect directly from children under the age of 16. We may collect prescription information for children under the age of 16, and other information as necessary to effect payment for, and delivery of a Tyksee product, if a parent or guardian of a child places an order for a child’s glasses through our Services. We will use this prescription information and the related payment and delivery information collected in the course of fulfilling that order only for fulfilling the applicable order, and only within the limits permitted by applicable law. We will treat this information in accordance with this Privacy Policy, except that sections 3.a. (“Renewal Reminders”), 3.c. (“Marketing Communications”), 4.f. (“Aggregate Information”), 4.d. (“Our Affiliates”) and 4.e. (“Marketing Partners”) will not apply.
8. SECURITY OF YOUR INFORMATION. We implement security measures intended to protect against the loss, misuse and alteration of the personal information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, the Company cannot guarantee or warrant the security of any information you transmit on or through the Site and you do so at your own risk. Still, the security of your personal information is important to us. When you enter sensitive information on our site, we encrypt the transmission of that information using secure socket layer technology (SSL).
   Please remember that you play a valuable part in security as well. Your password to access our Site, which you select at registration, should never be shared with anyone and should be changed frequently. After you have finished using our Site, you should log off and exit your browser so no unauthorized persons can use our Site with your name and account information.
   Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
9. USE OF INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE. We are an online retailer of prescription glasses, based in the United States. If you are located outside the United States when you access our Site, you should be aware that any information you provide to us will be transferred to the United States, which may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. In addition, we may transfer your information from the United States to our service providers located in China to fulfill orders you place through the Site. We will handle your information in the manner described in this Privacy Policy. To the extent permitted under the applicable law, your agreement to this Privacy Policy followed by your submission of information through the Site represents your agreement to these practices. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use our Services.

• HOW TO CONTACT US. If you have any questions or complaints regarding this Privacy Policy, please contact us by sending an email to privacy@tyksee.com. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question.