Privacy Policy

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This Privacy Policy applies to the valdoeyewear.com website (the “Site”), and forms part of the Website Terms and Conditions of Use Agreement that governs your use of the Site. Kenmark Optical, Inc. (“Kenmark Optical” or “We”) respects your privacy and protects it by complying with this policy.

Please read this Privacy Policy carefully before using the Site. By using our Site, you acknowledge that you have read this Privacy Policy, and agree to it. If you do not agree to any of the terms contained in this Privacy Policy, do not to use the Site. This policy may change from time to time and if you continue to use this Site after we modify the Privacy Policy, you are deemed to have accepted the changes, so please check periodically for updates.

This Privacy Policy explains our practices for collecting, using, storing, securing, and disclosing information obtained from you on this Site, through electronic correspondence between you and this Site, through other correspondence with you, and when you interact with our advertising and/or applications on third party sites and services if they include links to this policy.

With the exception of third parties engaged by Kenmark Optical as service providers, this Privacy Policy does not apply to information collected by third parties, including via websites, applications, or other content that may be accessible from or linked to this Site.

 

1. Information We Collect and How We Collect It.

Kenmark Optical collects different kinds of information from you in different ways.

(a) What Information is Collected.

We collect these types of information on the Site.

(i) “Non-personal Information” is any information that does not identify you individually or does not permit a direct association with an individual (even if it is about you). Non-personal Information could include information about your Internet connection, equipment used to access the Site, and usage information. Non-personal Information may be derived from Personal Information by depersonalizing it to remove unique identifiers and/or combine it with information about other users to form aggregated data.

(ii) “Personal Information” is information that personally identifies you or allows one to contact you, such as name, email address, street address, telephone number, payment card information. To the extent we associate Non-personal Information with Personal Information, we treat the combination as Personal Information.

(b) How Information is Collected.

We collect information on the Site in these ways.

(i) Information You Provide. In the course of visiting and using the Site, you may provide information to us. For example, you may make a purchase. In the course of doing so, you may be asked for information about yourself, or may choose to provide such information. If you voluntarily provide your Personal Information to us, we collect it. When you: (i) submit a request or inquiry; or (ii) purchase a product or service from us online (each of the foregoing a “Transaction”), you may disclose Personal Information that we collect. We may also retain records about your Transactions, your correspondence with us, or your searches on the Site. You choose whether to disclose Personal Information, but sometimes we may not be able to process your Transaction without it. For example, we cannot sell a product to you without your name, payment card information, product information, and street address for delivery. You also may provide information to be posted or displayed on public areas of the Site or transmitted to other users of the Site or third parties. If you include Personal Information in those transmissions, it will be available publicly and not protected.

(ii) Automatically Gathered. We collect some information automatically as you navigate the Site. For example, we collect usage details, such as traffic data (such as information about how much time visitors spend on the Site or each page, dates and times of visits, etc.), location data, “clickstream data” (such as pages visited, clicks made, and similar information) and collect information about your computer, browsing patterns, and Internet connection (such as IP address, operating system, and browser type) for all visitors. We may combine information about your use with information about others’ use to generate aggregated Non-personal Information about visitors as a group. We may use tracking technologies to collect information about your online activities over time and across third party websites or other online services (behavioral tracking). Kenmark Optical may collect information through tracking technology described below.

(1) "Cookies" are small files stored by a user's internet browser on a user's computer or other device. Cookies allow us (or our service providers) to recognize your device and record information about your use of the Site. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies, but then you may not be able to access or use portions of this Site.

(2) “Flash Cookies” are local stored objects that allow us to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings used for browser cookies.

(3) “Web beacons” are small bits of code embedded in web pages or emails that assist in delivering cookies. Web beacons (also known as clear GIFs or pixel GIFs) help Kenmark Optical determine whether a page on this Site has been viewed and, if so, how many times or whether an email has been opened. For example, any electronic image on this Site, such as an ad banner, can function as a web beacon. Although you cannot decline to receive web beacons when visiting a web page, you can choose not to receive web beacons by email if you disable HTML images or refuse HTML email messages.

(4) Third-Party Advertisements. Some content or applications, including advertisements, on the Site are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies and/ or other tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

(iii) Third Parties. We may collect information about you from third parties, such as service providers.

2. How We Use the Information.

Generally, Kenmark Optical uses information (including Personal Information) to improve our services, to present, improve, administer, customize, and/or maintain the Site, to speed searching capability, to estimate the size and patterns of the Site’s audience, to fulfill and manage Transactions, to build relationships with you and other users, to market and provide you with information about services, to provide the services, products, and information you request, to send you newsletters with your express consent, to manage your wishlist, to fulfill other purposes for which you provide the information, to provide you with notices about your account, to notify you about changes to the Site, to allow you to participate in interactive features of the Site, to customize our services, to make content you see more relevant, to identify and prevent fraud, to track visits from affiliates or independent contractors, to regulate the advertisements you receive, to provide you with tailored offers and measure their effectiveness, to carry out our obligations and enforce our rights, to enable others to enforce their rights, to conduct investigations, to cooperate with law enforcement, to conduct market research and analysis, in any other way described when you provide the information, and for any other purpose with your consent. With your express consent or otherwise in accordance with the law, we may contact you to obtain your input, or provide information about our services or events. Kenmark Optical may identify you in connection with your use of certain aspects of this Site and may link information about your use of the Site with your Personal Information. More detail about certain uses of Personal Information appears below.

(a) Transactional Purposes. If you provide Personal Information to us in connection with a Transaction, we will use your information to process the Transaction and communicate with you about it. Processing the Transaction may require communication of your Personal Information with third parties, such as Square Space. If you provide your email address or mailing address to us, we may use such address to send you notices for marketing or relationship purposes, or as required by law. Square Space and its servers are located in the United States and may use, access, or store your personal information in order to process your Transactions.

(b) Marketing. We may use your Personal Information to offer, market and advertise to you via the Site and/or through email or U.S. mail as permitted by law. We may communicate with you about Kenmark Optical’s services or third party products or services that may interest you. We may use Personal Information to conduct market research and analysis for ourselves and for others. You may choose to allow us to use your Personal Information for this purpose by checking the appropriate box when your Personal Information is collected. You may also unsubscribe from receiving emails from us by sending us an email at info@valdoeyewear.com You may withdraw your consent at any time. 

3. How We Protect the Information.

(a) Security Measures. Kenmark Optical takes steps to protect the Personal Information it stores or receives through the Site. Your Personal Information is stored on secure servers protected by a firewall. Any payment Transactions conducted through the Site will be encrypted using SSL technology.

(b) Caution. While Kenmark Optical endeavors to safeguard your Personal Information, it cannot guarantee absolute security. You transmit Personal Information through the Site at your own risk. You acknowledge agree that Kenmark Optical shall not be liable for any privacy or security breach.  You further acknowledge the inherent risks with internet transactions and that you accept such risks (such as acts of God, hacking, circumvention of privacy settings or security measures, terrorism, power outages, defects in third party security products and services, your own acts and omissions, and other similar events). Please be aware that no security measures are perfect or impenetrable.

4. What Disclosures We Make of the Information.

Personal Information. Kenmark Optical may share your Personal Information with its affiliates. In addition, Kenmark Optical may share your Personal Information with other third parties:

(a) Enabling Services, General. Kenmark Optical may disclose your Personal Information to contractors, service providers, and other third parties to enable them to provide Kenmark Optical with services, including without limitation those necessary for processing your orders, payment processing, shipping, emailing, marketing (with your express consent), providing research or analysis, webhosting, storing/managing data, assisting in providing the services available through the Site or otherwise. Kenmark Optical may also disclose your Personal Information to fulfill the purpose for which you provided such information or for any other purpose Kenmark Optical discloses when you provide the information. Kenmark Optical may disclose your Personal Information with your consent.

(b) Legal Reasons. Kenmark Optical may disclose your Personal Information in response to a subpoena or other court order, if otherwise required by law, in an effort to cooperate with law enforcement or a regulatory agency, to enable someone to enforce their rights, or to allow Kenmark Optical to enforce its rights. Kenmark Optical may disclose your Personal information when Kenmark Optical believes that doing so is necessary or desirable (a) to enforce Kenmark Optical’s rights or defend against legal claims, (b) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving personal threats to physical safety, allegations of intellectual property infringement or violations of privacy rights, (c) to protect rights, property, safety of Kenmark Optical, its customers, or others, and/or (d) as otherwise required by law.

(c) Assignments. Kenmark Optical may disclose your Personal Information to a buyer or other successor in interest in the event of a sale of substantially all of Kenmark Optical’s assets, the merger, dissolution, divestiture, restructuring, reorganization, sale, or transfer of Kenmark Optical, or some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or a similar proceeding. If that happens, the buyer, assignee, or other successor in interest’s privacy policy may govern the further protection, use, and disclosure of your Personal Information.

With the exception of Shopify, Kenmark Optical will only share your personal information with third parties with your consent or where it is required or authorized by law. Any such disclosure of your personal information by the Kenmark Optical to a third party will be made on a confidential basis conditioned upon the information being used solely for the purpose for which it has been disclosed.

5. Your Data & Rights.

(a) Choices. You have certain choices available to You when it comes to Your information that is stored with us. Below is a summary of those choices, how to exercise them and any limitations.

(i) You have the right to request a copy of Your information in electronic format or object to our use of Your information (including for marketing purposes) or request removal of Your account and all associated data. Below we describe the processes and tools which You can use to do so, where Your account is managed by Your employer or an administrator, You may need to contact Your administrator to assist You in Your request.

(ii) Should You request to receive a copy of Your information, we will provide You an electronic file that contains Your basic account information and the information that You created which are under Your sole control that Kenmark maintains.

(iii) Your choices or requests may be limited in certain cases, for example, deletion of Your information which we or Your administrator or Your employer are permitted by Applicable Law to keep or have compelling legitimate interest to keep; or when Your data is shared with third-parties, then You will be required to contact those third-party service providers to delete or restrict Your information.

(iv) You may opt-out from receiving promotional email communications from us while signing up or using the ‘unsubscribe’ link from the emails received from us. 

(v) You may be able to opt out of receiving personalized advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand Your options, please visit: http://www.aboutads.infohttp://optout.networkadvertising.org/ and http://www.youronlinechoices.eu.

(vi) You can request for removal of Your account and associated data (excluding the information which we are required and/or permitted by Applicable Law to retain).  The invoices or previous payment information will not be removed, as we need to retain such information for accounting purpose.

(vii) In some circumstances, You have the right to request for erasure of Your information without undue delay after providing notice of such request to Kenmark, i.e.

(1)when Your Personal Information is no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(2)when You intend to withdraw Your consent to consent-based processing;

(3)when You object to processing of Your Personal Information under certain provisions of Applicable Law;

(4)when the processing of Your Personal Information is for direct marketing purposes; and

(5)when Your Personal Information has been unlawfully processed.

(viii) Data Portability is the ability to obtain some of Your information in a format that You can move from one service provider to another. In the industry where we operate, there is no particular standard for data-portability yet, hence this applies to some of Your information, but not to all of Your information.

(ix) There may be certain exceptions to Your rights as contemplated herein, including but not limited to where processing of Personal Information is necessary for compliance with any legal obligation or for the establishment, exercise or defense of legal claims.

(x) Furthermore, Kenmark wishes to keep its Users advised that Kenmark may acquire such deleted/ erased/ removed data from various legitimate sources and such contact details may be purchased and added back into its database which may, therefore, mean that You could be contacted in a future marketing campaign.

6. Policy Towards Minors.

We do not knowingly collect or solicit personal information from anyone under the age of 18. No one under age 18 may provide any personal information to us or on the Services. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information. If You become aware that a child has provided us with personal information, please contact us at info@valdoeyewear.com.

7. Consent.

Where we process Your information based on consent, we will ask for Your explicit consent. You may withdraw Your consent at any time, but that will not affect the lawfulness of the processing of Your information prior to such withdrawal. Where we rely on a contract, we will ask that You agree to the processing of information that is necessary for entering into or performance of Your contract with us. We will rely on legitimate interests as a basis for data processing where the processing of Your information is not overridden by Your interests or fundamental rights and freedoms.

8. Transfers.

If we share Your Personal Information with third parties as contemplated herein, we will take reasonable steps to ensure that such third parties provide an adequate level of protection and in accordance with the requirements of Applicable Law.

9. Enforcement.

(a) Review. Kenmark regularly reviews its compliance with this Privacy Policy.

(b) Complaints. When formal written complaints are received by Kenmark, it is the policy of Kenmark to assist the complaining User regarding his/her/their concerns. Kenmark will co-operate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Kenmark and an individual.

(c) Revisions of this Privacy Policy. We may revise or change this Privacy Policy from time to time. We will post any such changes on our Website(s) or by sending You an email. We encourage You to review our Privacy Policy whenever You use our Services to stay informed about our information practices and the ways You can help protect Your privacy.  If You do not agree with any changes to this Privacy Policy, You should stop using the Services and deactivate Your account(s), as outlined above.

10.California Residents.

If you are a California resident and would like a copy of a notice describing categories of information shared with third parties or contractors for direct marketing purposes and the names and addresses of such third parties and contractors that received information in the past year, please submit a written request to info@valdoeyewear.com or [1800 Research Drive, Louisville, KY 40299].

WARNING: Certain products can expose you to chemicals, including nickel, which is known to the State of California to cause cancer, and bisphenol A, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov 

11. Contact Information.

Your information is controlled by Kenmark. If You have questions or concerns about how Your information is handled, please send Your inquiry to Kenmark.  If you have questions about this Privacy Policy, you may contact us at: info@valdoeyewear.com or via postal mail at Kenmark Optical, Inc. [1800 Research Drive, Louisville, KY 40299]. We will use reasonable efforts to respond promptly to reasonable requests or questions you may have regarding our use of your Personal Information.

Revised April 2024.