FGX International Inc., with address at 500 George Washington Highway Smithfield, Rhode Island 02917 USA is committed to protecting your privacy and developing technology that gives you a powerful and safe consumer experience. This Privacy Policy (“Policy”) is applicable to our virtual try on services whereby you can virtually try on frames through your mobile or other devices by digitally adding frames to photos of your face (“VTO”) and outlines how FGX International Inc. and its affiliated companies and subsidiaries (collectively, “FGX” or “we”) collects, uses, and discloses VTO information and how you can access, change and remove your VTO information. To the extent you purchase other goods, or utilize other services, with FGX, other privacy policies may apply to the purchase of those goods or use of those services.
These Terms are originally written in the English language. We take commercially reasonable measures to translate these Terms, however translation of legal documents (such as these Terms) can involve difficult translation issues regarding terms of art and nuance where even the best translations can sometimes be imperfect or fail to completely and correctly capture the intended legal meaning in English. Thus, we also provide an English-language translation along with any locally translated versions, and to the extent any translated versions of these Terms conflict with the original English language version, the original English language version of these Terms would control in any interpretation of the Terms- if you have any questions regarding the translation or meaning of anything contained in these Terms, please contact us at privacy@fgxi.com.
Collection of VTO Information
FGX collected photo renderings associated with the VTO services, and all photo rendering associated with virtual try-ons take place on your mobile device and your photos never leave your device. In such cases, your photos, including any biometric identifiers or information contained therein, are not collected by us or our third-party service providers. Our virtual try on services use object recognition to apply the frames to your photos but do not have facial recognition capabilities and cannot recognize or identify a specific face. Accordingly, the laws and regulations governing the protection of personal data (including the Illinois Biometric Information Privacy Act and other similar biometric information laws) do not apply to our virtual try on services because we do not use, collect, capture, purchase, receive, or otherwise obtain your personal data (including any biometric identifiers or information). The only information FGX may receive is an Internet Protocol (IP) address associated with whatever device connects to FGX systems, but this address would not be received by FGX in conjunction with your name or any other identifying information.
Use of Your Information
FGX may store and use your IP address for (i) product or service fulfillment, (ii) internal operations, such as improving your customer experience – this includes auditing current interactions and optimizing user experience, (iii) detecting security incidents, protecting against malicious, deceptive activity, and taking all necessary and appropriate steps to mitigate current and future risk; (iv) debugging and repairing internal information technology as necessary; and (v) undertaking internal research for technological development and demonstration(“Business Purposes”).
FGX does not sell, rent, or lease your IP address information to third parties.
FGX will disclose your IP address, without notice, if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or to comply with legal process served; (b) protect and defend the rights or property of FGX; or (c) act under exigent circumstances to protect the personal safety of users of and FGX website or the public.
As with any other business, FGX may merge with or be purchased by another company. If FGX is acquired, the company that acquires us would have access to the information maintained by us, including your IP address, but would continue to be bound by this Policy unless and until it is amended.
Security Protections for your Information
FGX takes the security of your personally identifiable information very seriously. FGX uses reasonable administrative, physical, and technical safeguards to secure the records associated with your IP address.
Use of Cookies or Similar Technology
1. Information about our use of cookies
Our website may use necessary first-party cookies associated with the functionality of our website, and may provide information to third-party cookies that are stored under a different domain than our website that are beyond our control. Most web browsers automatically accept cookies unless you change your settings in your browser to refuse to accept cookies. By using this website you are consenting to cookies being used in accordance with this cookie policy. If you do not wish for cookies to be used, you must either disable cookies in your web browser or not continue to use this website. Please note that if your browser settings are changed to block all cookies (including essential cookies) you may not be able to access all or parts of this website and may not be able to purchase products through our website.
2. What is a cookie?
A cookie is a small file of letters and numbers that are downloaded onto your computer, mobile or handheld device when you access our website. Cookies contain information that is transferred to your computer’s hard drive and will allow a website to amongst other things recognise a user’s device and help your browser navigate through the website by allowing you to log in automatically or remembering settings you used during earlier visit. We do not use cookies to collect or record your personal information such as your name, address or payment details. Cookies do not harm your computer and if you would like more general information about cookies, please visit www.allaboutcookies.org.
3. Our use of cookies on this website
We use the following cookies on this website:
o Strictly necessary or essential cookies. These are cookies that are required for the operation of our website.
o Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
4.Our cookies
More information about the individual cookies set by us when you access this website and the purposes for which we use them is detailed in the table below:
| Cookie Name | Description | Essential |
| accepted_click_terms | Holds a true/false value indicating that the user has accepted the terms. | Yes |
5. Third-party cookies
Some cookies are set by third parties not connected to the website when you visit this website. These cookies are controlled by the third party and we do not have any control over them.
Performance cookies
| Third Party | Description |
| Cosium | Provides rendering of products at issue. https://www.cosium.com/virtual-try-on/ |
| Google Analytics | Collects metrics and information about how you use our website to help us improve your experience. http://tools.google.com/dlpage/gaoptout |
Children’s Privacy
VTO services not targeted for use by children under the age of 18. FGX requests that you only use the VTO services if you are over the age of 18.
Special Notice for California Residents
In compliance with California law, we provide California residents with certain information upon request (“Data Subject Request”). This Policy outlines how California residents can receive the information and what you can receive.
If you would like to submit a Data Subject Request, you can complete one online at https://www.fgxi.com/ccpa/. If you would like to email your Data Subject Request you may send the email to privacy@fgxi.com. You can also call FGX, toll-free, at 1-800-426-6396 to make a Data Subject Request. The information you provide to FGX must be accurate and complete before FGX can respond. If you choose to submit a Data Subject Request you must provide us with enough information to identify you (e.g., FGX profile information (including personal information), order number) and enough specificity on the requested data. FGX will only use the information it receives for verification. FGX will not be able to disclose information if it cannot verify that the person making the Data Subject Request is the person about whom we collected information, or someone authorized to act on such person’s behalf.
You may submit a Data Subject Request to receive information about FGX’s data collection practices. You may request information on the categories of personal information (in this section, as defined by California law) FGX has collected about you; the categories of data collection sources; FGX’s business or commercial purpose for collecting or selling personal information; the categories of third parties with whom FGX shares personal information, if any; and the specific pieces of personal information we have collected about you. If you would like to also receive information about FGX’s data disclosure for Business Purposes, then please include that in the Data Subject Request. FGX will clarify whether the information was collected and disclosed or simply collected and kept internally.
Please note that the categories of personal information and sources will not exceed what is contained in this Policy, and that as the VTO services only involve the provision of your IP address, FGX will likely have no way of determining what IP address data is associated with you. Additionally, FGX is not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. FGX is also not required to reidentify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.
You may request that FGX delete your personal information. Your deletion request should be submitted through a Data Subject Request. Subject to certain exceptions set out below we will, on receipt of a verifiable Data Subject Request, delete your personal information from our records and direct any service providers to do the same.
- Please note that we may not delete your personal information if it is necessary to:
- complete the transaction for which the personal information was collected;
- provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- detect security incidents, protect against malicious, deceptive activity, and take all necessary and appropriate steps to mitigate current and future risk;
- debug and repair internal information technology as necessary;
- undertake internal research for technological development and demonstration;
- exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- comply with the California Electronic Communications Privacy Act;
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- comply with an existing legal obligation; or
- otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
FGX may not, and will not, treat you differently because you of your Data Subject Request activity. As a result of your Data Subject Request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.
In addition, if you are a California resident under the age of 18, while you should not use the VTO services in the first place, if you have done so in the past you may request us to remove content or information posted on our websites or stored on our servers by (a) submitting a request in writing to fgxics@fgxi.com and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that the minor cannot be individually identified; (iv) the minor does not follow the instructions posted in this Policy on how to request removal of such content or information; and (v) the minor has received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain such content or information.
Special Notice for Nevada Residents
FGX does not sell, rent, or lease your personally identifiable information to third parties. However, if you are a resident of Nevada and would like to submit a request not to sell your personally identifiable information, you may do so by emailing FGX at privacy@fgxi.com or by calling FGX, toll-free, at 1-800-426-6396.
Users in Mexico
Pursuant to the Federal Data Protection Law (“FDPL”), you have the right to access and view the information FGX has about you; likewise, you have the right to require such information be corrected or deleted; you may oppose from FGX’s use to your personal data for specific purposes and/or revoke at any time the consent you granted us from the processing of your personal data to the extent permitted by law and or limit the use or disclosure of your personal data. In order to exercise such rights or to ask any questions in relation to the processing of your personal data please address your request to privacy@fgxi.com.
Users in Australia
Where FGX discloses your IP address with third parties in accordance with this privacy policy, those third parties may be located in the United States, as well as the geographic jurisdiction in which you utilize the VTO services.
You have the right to access, review and update certain personally identifiable information that you have provided to FGX. You can request access to, and correction of, the personally identifiable information FGX holds about you at any time by contacting FGX at fgxics@fgxi.com.
If you have any concerns about how FGX has handled your personally identifiable information, you can contact FGX at fgxics@fgxi.com. FGX will respond to let you know FGX is reviewing your concerns and when you can expect a further response. FGX may request additional details from you regarding your concerns. FGX will keep records of your request and any resolution.
Your requests will be evaluated in the terms set out in the FDPL and other applicable laws. FGX will communicate to you (i) the information required for your identification as well as the documents needed to be sent alongside your request; (ii) the time periods in which you will receive an answer to your request; (iii) how you should file your request, including the forms that you may use to file your request, if any, and; and (iv) the form or means in which FGX will deliver you the information.
Changes to this Statement
FGX will occasionally update this Policy. FGX encourages you to periodically review this Policy to be informed of how FGX is using and protecting your information. At a minimum, this Policy will be updated every twelve months.
Contact Information
FGX welcomes your comments regarding this Policy. If you believe that FGX has not adhered to this Policy, please contact FGX at fgxics@fgxi.com. We will use commercially reasonable efforts to determine and remedy the problem promptly.
Effective as of August 13, 2021