WEB SITE USER AGREEMENT 

(Terms of Use)

 

This Web Site User Agreement (the "Agreement") between you and Delaney Eye Center, details the terms and conditions of your permitted use of this website and associated mobile applications ("Web Site"). The Web Site is designed as a shopping, and information resource. Your use of all, or any portion of, the Web Site, including but not limited to your downloading of information or ordering of any products from this Web Site, signifies your acknowledgment of the reasonableness of these terms, and your express agreement to be bound by these terms. If you choose to continue to use or access this Web Site after having the opportunity to read the  Terms, you recognize that Delaney Eye Center has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to be bound by any, or all, of these terms, you are instructed not to access or use the Web Site, as your usage will be conclusively presumed to represent your agreement to be bound by the following terms. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.

 

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You grant us the right to continue to send such emails until you specifically notify us that you wish to no longer receive emails from the Company.

OPT-OUT PROVIDED (E-MAIL AND MAIL)

We provide customers with the opportunity to “opt-out” or choose to be removed from future mailings (both email and direct mail) or telephone calls from Delaney Eye Center.  Opt-out information will be included with any non-personal or non-essential message sent to prior customers. A personal or essential message is one that would relate directly to the particular customer’s order or appointment.  You may opt-out by sending an email to info@delaneyeyecenter.com request that you be removed from certain types of future mailings or telephone calls or by calling us at 407.219.4123.

 

Any opt-out request from an individual that requests not to receive telephone calls will be recorded, along with the individual’s name and telephone number, on our internal “do not call” list.  The request will be honored within a reasonable time, not to exceed 30 days from the date the request is received.

 

TEXT MESSAGING TERMS AND CONDITIONS

We offer Delaney Eye Center Notifications, which consists of text and/or phone notifications to keep in touch with you, including to confirm appointments, inform you of order status, relay product or other service notifications, and other informational based messages. Message frequency may vary. Text message and data rates may apply. You can reply STOP to cancel text messaging. Call 407.219.4123 or email info@delaneyeyecenter.com for support. Consent to these terms is not a condition of purchase.

 

MOBILE TERMS AND CONDITIONS

You may opt-in to receive marketing notifications from Delaney Eye Center through your mobile device. Message frequency may vary. Message and data rates may apply.

 

By opting into this service, you consent to receive mobile text alerts at the phone number you provided. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

 

TRADEMARKS AND DOMAIN NAMES

The trademarks, logos, service marks, trade dress, and domain names (collectively, the "Trademarks and Domain Names") displayed on the Site are registered and unregistered Trademarks and Domain Names of Delaney Eye Center and its subsidiaries, as well as other companies. Delaney Eye Center Trademarks and Domain Names may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All trademarks and domain names not owned by Delaney Eye Center or its affiliates that appear on the Site are the property of their respective owners.

 

COPYRIGHT

The text, images, graphics, button icons, logos, audio and visual clips, and software of this Web Site is the property of Delaney Eye Center and its related entities, or its suppliers, and is specifically protected by copyright laws of the United States of America and International treaties. Your use of this Content is restricted to personal, non-commercial, purposes. Any reproduction, distribution, transmission, modification, publication, broadcast, or other exploitation of the Content, design, layout, or other individual elements of this Web Site without the express written consent of Delaney Eye Center is strictly prohibited and may constitute a violation of proprietary rights. You should be aware that Delaney Eye Center is very protective of its property. Requests for consent to otherwise-prohibited use of this Web Site are rarely granted; however, if you have a reasonable request, we will certainly consider it. This is not to say we will consent, but we will consider it. Remember, ask before you act -- as any of the above-described uses without our express written consent are strictly prohibited. To request such permission, or for more information, please contact us or send us an e-mail.

DISCLAIMER OF WARRANTY

THIS DISCLAIMER OF WARRANTY ("DISCLAIMER") APPLIES ONLY TO YOUR FREE USE OF THE WEB SITE.

THIS DISCLAIMER OF WARRANTY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM Delaney Eye Center. 

THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY Delaney Eye Center PRODUCT OR SERVICE, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEB SITE.

 

THE CONTENT OF THIS SITE IS PROVIDED BY Delaney Eye Center AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED IN THIS SITE IS FOR INFORMATION PURPOSES. Delaney Eye Center IS NOT OFFERING THIS WEBSITE, IN WHOLE OR IN PART, FOR SALE TO YOU.  THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEB SITE IS NOT A "GOOD" WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED FOR FREE. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR EYECARE PROFESSIONAL. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, BESTCONTACTS.COM DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.   Delaney Eye Center AS WELL AS ALL OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

You agree that our sole obligation to you is to provide the Web Site as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Web Site, we will not be liable to you or to any third party for your use of the Web Site.

LIMITATION ON LIABILITY

THIS LIMITATION ON LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

YOUR CONDUCT

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain the Company's express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

 

OUR RIGHTS

We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

USE BY MINORS

This Web Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Web Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register on the Web Site. Delaney Eye Center I reserves the right to terminate your membership in the event that Delaney Eye Center becomes aware you are under 18.

SUBMISSIONS

We are pleased to hear from our customers and welcome your comments regarding our products or services, including the Site. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed and shall remain our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein. If you would like to edit or delete a published submission, please email us.

APPLICABLE LAW

By visiting this website, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between the parties.

DISPUTES

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS DISPUTES SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. Any dispute relating in any way to your visit to this website or to products you purchase through us shall be submitted to arbitration in the state of Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. You and we agree to waive our right to trial by jury. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. You agree that any dispute shall be exclusively submitted to arbitration by the decision of the arbitrator in the state of Florida, with all matters to be decided by the arbitrator, including the scope of arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If for any reason the American Arbitration Association is unable or unwilling to hear the arbitration, you and we agree to binding arbitration before an arbitrator appointed by the court. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You and we agree to pursue any dispute individually and shall not bring or participate in any class or collective action, including, without limitation, class arbitration. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
 

SEVERANCE OF INVALID TERMS

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

 

GENERAL INFORMATION

These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of this free Web Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

 

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

TERMS & CONDITIONS - Contact Lens Sales

Please read the following Terms & Conditions carefully before submitting your order.

YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE WITH ALL OF THE FOLLOWING CONDITIONS:

  • Health Insurance Portability and Accountability Act of 1996 (HIPAA). You grant us permission to share your contact lens prescription information and/or address information with Manufacturers and Distributors for the express purpose of completing your order. You also grant us permission to verify the information you have provided with your eye doctor and authorize your eye doctor to release that information to us. We will NEVER release any private information about you to anyone outside our company for any purposes other than as provided under HIPAA or as otherwise stated above.

  • If you are having any unexplained eye discomfort, watering, vision change or redness, you will immediately remove your lenses and consult your eye care professional before wearing your lenses again.

  • You should never share your contact lenses with anyone. Contact lenses are classified as prescription medical devices by the FDA. Sharing can also lead to serious eye-health complications and can spread infectious diseases.

  • You understand that you must take proper care of your contact lenses as directed by your eye care professional. Before using your contact lenses, you agree to carefully review all instructions and information provided by your eye care professional and/or by the contact lens manufacturer.

  • You will restrict your contact lens wearing schedule to the recommended wearing schedule established by your eye-care professional, and you will not exceed this recommended wearing schedule as this can lead to serious eye-health complications.

  • You have not been advised by an eye care professional to stop or suspend wearing contact lenses for any medical reason. You will continue to have your eyes examined regularly by a licensed eye care professional.

  • You must have a valid, current prescription for any contact lenses or prescription eyewear that you are ordering issued by a duly licensed eye-care professional located in the USA.

  • You agree that we may contact you by email or telephone in accordance with the policies outlined in our Privacy Policy.

 

Privacy Notice

 

The Privacy Notices provided on this page apply to Delaney Eye Center (collectively, “we”. “us”, or “our”). This Notice describes how we collect, use, and share information about you in the course of providing our services and explains your rights with regards to that information. This Notice applies to our website (delaneyeyecenter.com) (our “Website”), the vision services we provide and any other way we may collect or receive information about you (collectively, our “Services”). This Notice does not apply to your protected health information (“PHI”), which is governed by our Health Insurance Portability and Accountability Act of 1996 Notice (“HIPAA”) available here.

 

Please read this Privacy Notice carefully. By accessing and using our website, you agree that you have read, understand and are bound by the terms and conditions set forth herein. The Privacy Notice is incorporated into and made a part of our Terms of Use, which is a legally binding agreement between you and us. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE WEBSITE OR SERVICES. You should review this Privacy Notice periodically as we may update it from time to time.

 

Personal Information We Collect “Personal Information” refers to any information about you by which you can be personally identified. We collect or obtain the following categories of personal data about you. Please see “How We Use and Share Personal Information” for more information about why we collect the categories of the information below.

 

Category

Examples of Information We Collect

A. Identifiers.

We collect information like your name, postal and email address, and other identifiers when you make an appointment with us or communicate with us, in order to provide and improve our services and for the other business purposes listed below. We may automatically collect your Internet Protocol address when you visit us to improve our products and communications. 

B. Personal information categories listed.

We collect your name, address, telephone number, credit or debit card number, other financial information, medical information, and health insurance information when you make an appointment with us or initiate a transaction with us, to provide our services and for the other business purposes listed below. We may also collect your contact details when you communicate with us.

C. Protected classification characteristics under federal law

We collect your prescription information when you use our services. We may also collect your gender, age, and marital status in order to improve our product offerings and marketing communications and for the other business purposes listed below.

D. Commercial information.

We collect your transaction history and other information about your purchasing history in order to improve our product offerings and for the other business purposes listed below.

E. Biometric information.

We do not collect this type of information.

F. Internet or other similar network activity.

We collect information about visitors to our websites, including how visitors search for our products and interact with our Website, applications, or advertisements, to improve our communications and product offerings and for the other business purposes listed below.

G. Geolocation data.

We collect and use generalized location information to improve our product offerings and for the other business purposes listed below.

H. Sensory data.

We do not collect this type of information.

I. Professional or employment-related information.

We do not collect this type of information.

J. Non-public education information (per the Family Educational Rights and Privacy Act 

We do not collect this type of information.

K. Inferences are drawn from other personal information.

We collect information about preferences, characteristics, and trends in order to improve our product offerings and for the other business purposes listed below.

Non-Personal Information Collected

Personal information does not include:

  • Publicly available information from government records.

  • Deidentified or aggregated consumer information.

  • Information excluded from the Privacy Act’s, like:

    • health or medical information covered by HIPAA and the Confidentiality of Medical Information Act or clinical trial data.

    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act.

 

Sources of Personal Data

We obtain all of the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.

  • Indirectly from you. For example, from observing your actions on our Website using cookies.

  • From third-party service providers. For example, we obtain demographic data from a third-party service provider to use for marketing analytics.

 

More About Cookies

We automatically collect statistics from your browser or device on site usage patterns and your preferences through cookies, weblogs, web beacons, and third-party service providers. This information may include Internet protocol (IP) addresses, device ID and type, browser type, Internet service provider (ISP), referring/exit pages, the operating system used by your device, date/time stamp, your mobile device's geographic location, and/or clickstream data.

When you visit or interact with our Website, we (or our third-party service providers) may also use cookies and other types of web technologies to collect technical and usage information. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We may link the information we store in cookies to any personal information you submit while on our Website. When we link the information we store in cookies to any personal information you submit while on our Website, we may use that information to send you offers online or through the mail.

We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. We use session ID cookies to allow visitors to easily navigate during checkout and access their account information. A persistent cookie remains on your hard drive for an extended period of time. We use a persistent cookie to welcome visitors returning to the site and to associate appropriate advertisements for our visitors.

Most Internet browsers allow you to disable, turn the cookie feature off, or reject cookies entirely by changing the settings on your Internet browser. Changing these settings may affect your ability to use certain features and functions of the Website. Without a session ID cookie, your ability to complete a purchase and checkout will be limited.

If you are accessing our site on your mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer) or Advertising IDs (for iOS 6 and later), instead of cookies, to recognize you. We do this to store your preferences and track your use of our Website. Unlike cookies, device IDs cannot be deleted, but Advertising IDs can be reset in 'settings' on your iPhone.

You may interact with content on our Website through social media plugins provided by Facebook, Instagram, Twitter, Google, and LinkedIn. We do not control the information that these companies collect when you choose to use their social media tools, whether through cookies or otherwise, nor do we control how these companies use any information they collect. We encourage you to review their privacy policies before interacting with these social media tools.

 

How We Use and Share Information

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

  • To fulfill or meet the reason you provided the information. For example, when you schedule an appointment, we use the information you have provided to schedule your examination. The information you supply to us also is added to our customer database. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

  • To provide, support, personalize, and develop our Website, products, and services.

  • To create, maintain, customize, and secure your account with us.

  • To process your requests, purchases, transactions, and payments, to confirm and communicate with you about appointments and products, and to prevent transactional fraud.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;

  • As described to you when collecting your personal information; or

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

 

Contests and Drawings

We may sponsor or host contests or drawings from time to time. Some contests may be offered in conjunction with a third party sponsor and Website users will be notified at the time of the contest as to whether a third party sponsor is involved and whether the third party will be receiving the user's personal information to send promotional communications. The Website user can then choose whether to enter the contest or not at that time based on the terms and conditions associated with that particular contest.

 

Links to Third-Party Web Sites

Our Website may include links to other websites whose privacy practices may differ from ours. If you submit personal information to any of those sites, your information is governed by their privacy policies. Please be aware that we do not endorse and are not responsible for the privacy practices of such other websites, and the Privacy Notice presented here does not apply to such third party websites. We encourage you to carefully read the privacy policy of any website you visit.

 

Testimonials

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you may contact us at info@delaneyeyecenter.com.

 

Prescription Verification

We may verify your prescription information provided with your order with your doctor or eye-care provider as required by federal law. For more information about how your Protected Health Information, please see our HIPAA Notice of Privacy Practices.

 

Security

We have implemented appropriate physical, electronic, and administrative procedures to safeguard and prevent unauthorized access, maintain data security, and correctly use the information we collect online. Please note that there is a risk involved in using the internet. Thus, our goal is to provide a reasonable level of security based on general industry standards. We, therefore, recommend that you use every precaution to protect your information when using the internet and any other links.

 

All transactions occur through our secure server, protected by a Secure Site Certificate. That means that we use encryption to secure information sent from your computer to our servers. In addition, credit card numbers and other sensitive information are encrypted in our database(s) to provide a second layer of security for your private information. When credit card information is transmitted online, we use Secure Sockets Layer (“SSL”) server software to prevent unauthorized access to the information. SSL is a highly sophisticated method of scrambling data as it travels from your computer to our Website servers. You can identify the secure connection by looking for a locked padlock icon at the lower portion of your browser window.

 

Children's Privacy

Our Website and Services are not directed to children under the age of 16 and we do not knowingly collect personal information from children. It is our policy not to knowingly solicit or permit children under the age of 16 to provide their personal information for any purpose. In accordance with the Children's Online Privacy Protection Act of 1998 (“COPPA”) and our internal policies, if a person under age 16 submits information to us through any part of our Web Site, and we know that the person submitting information is under age 16, we will not use it for any purpose. We will delete the information as soon as we discover it, and we will not disclose it to third parties. If you are under the age of 16, please stop using our Web Site and its services.

 

Your Rights and Choices About Your Personal Information

Updating Your Information

If you ever need to update or delete any information on file with us, you may call us at 407.219.4123  or email us at info@delaneyeyecenter.com. If you need to update your information when re-ordering, you will have a chance to make changes to your payment information, shipping and billing address(es) at checkout.

 

Your Privacy Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

    • sales, identifying the personal information categories that each category of recipient purchased; and

    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

We do not disclose personal information to any third parties for their direct marketing purposes.

In addition, under Florida law, web site operators are required to disclose how they respond to web browser 'do not track' signals or other similar mechanisms that provide consumers with the ability to exercise choice regarding the collection of personal information of a consumer over time and across third-party web sites, to the extent the operator engages in that collection. We do not respond to any such 'do not track' signals, as no one does not track standard has gained consensus.

 

This law also requires web site operators to disclose whether third parties may collect personal information about their users' online activities over time and across different web sites when the users use the operator's web site. We do not knowingly permit third parties to collect personal information about an individual consumer's online activities over time and across different web sites when a consumer uses our Website.

Third parties that have content embedded on our Website (such as social networking features) may set cookies on a user's browser and/or obtain information about the fact that a web browser visited our Website from a certain IP address. These third parties cannot collect any other personal information from our Website unless you provide it to them directly.

 

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  • Debug products to identify and repair errors that impair existing intended functionality.

  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.

  • Comply with the 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 the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.

  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  • Comply with a legal obligation.

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

 

Only you, or a person registered with the Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collect personal information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

  • Making a verifiable consumer request does not require you to create an account with us.

  • We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Non-Discrimination

We will not discriminate against you for exercising any of your privacy rights we will not:

  • Deny your goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Changes to this Privacy Policy

Our Privacy Notice may change from time to time. If we decide to change our Privacy Notice, we will update the “Effective Date” at the top of this Privacy Notice. Your continued use of the Website or Services following the posting of the revised Privacy Notice means that you accept and agree to the changes.

 

Contact Us

If you have any questions regarding this Privacy Notice or our privacy practices at 407.219.4123.


 

HIPAA Notice

Notice of Privacy Practices

 

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

 

We understand that medical information about you is personal and we are committed to protecting it. We are required by law to maintain the privacy of your health information, to follow the terms of this Notice, and to provide you with this Notice of our legal duties and privacy practices with respect to your health information. We are required to follow the terms of the Notice that is currently in effect.

 

How We May Use or Disclose Your Health Information:

 

  • For Treatment-to dispense and provide prescription ophthalmic goods and services to you.

  • For Payment-so that your vision services may be billed to and payment may be collected from you, your insurance company or a third party.

  • For Health Care Operations- Certain administrative, financial, legal, and quality improvement activities necessary for us to run our business and make sure that you receive quality customer service; these activities include store operations, quality assessment/improvement activities, business planning/development, and business management and general administrative activities, including the sale, transfer, merger, or consolidation of all or part of our business with another covered entity, or an entity that following such activity will become a covered entity, and due diligence related to such activity.

  • For Appointment Reminders and Health-Related Products and Services-we may use and disclose health information for annual eye examination cards, to tell you about health-related products and services, or recommend possible treatment alternatives that may be of interest to you.

  • To Individuals Involved in your care or payment for your care-we may disclose your health information to a family member or friend who is involved in your medical care or payment for your care, provided that you agree to the disclosure, or we give you an opportunity to object to the disclosure. If you are not available or are unable to agree or object, we will use our best judgment to decide whether this disclosure is in your best interests.

  • As Required by Law-to comply with federal, state or local law.

  • To Avert a Serious Threat to Health or Safety-we may use and disclose your health information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure would be only to someone able to avert the threat.

  • For Public Health Activities/ Risk Prevention-for public health activities, including, for example, activities to prevent or control disease or injury; report problems with products; or, report abuse or neglect.

  • For Health Oversight Activities-to a health oversight agency for activities authorized by law. These activities, which are necessary for the government to monitor the health care system, include audits, investigations, inspections, and licensure.

  • For Lawsuits and Disputes-if you are involved in a lawsuit or dispute, we may disclose your health information in response to a court or administrative order. In response to a subpoena, discovery request or other lawful processes by someone else involved in the dispute, but only if efforts have been made to tell you about the request (which may include written notice to you) or to obtain an order protecting that information.

  • For Specialized Government Functions-(1) if you are a member of the armed forces, as required by military command authorities; (2) if you are an inmate or in lawful custody, to a correctional facility or law enforcement official; (3) in response to a request from law enforcement, if certain conditions are satisfied; (4) for national security reasons authorized by law; and (5) to authorized federal officials to protect the President, other authorized persons or head of state.

  • For Workers' Compensation or other similar programs.

  • Organ and Tissue Donation-to organ procurement or similar organizations for purposes of donation or transplant.

  • Coroners or Funeral Directors-to a coroner or medical examiner, for example, to determine the cause of death. To funeral directors consistent with applicable law to enable them to carry out their duties.

  • Personal Representatives-to a person legally authorized to act on your behalfs, such as a parent, legal guardian, administrator or executor of your estate, or other individual authorized under applicable law.

  • Data Breach - to provide legally required notices and reports and otherwise respond to unauthorized access to or disclosure of your health information.

 

Other Uses and Disclosures of Your Health Information

Except as described in this Notice, we will not use or disclose your health information without your written authorization. If you do authorize us to use or disclose your health information, you may revoke your authorization in writing at any time. If you revoke your authorization, this will stop any further use or disclosure of your health information for purposes covered by your written authorization, except if we have already acted on your permission. Please refer to the Notice Addendum to find out about any stricter laws in your State that we must follow when using or disclosing your health information, or any State laws that give you greater rights with respect to your health information.

You Have the Following Rights with Respect to Your Health Information.

 

  • You have the right to request that we follow special restrictions when using or disclosing your health information for treatment, payment or health care operations, or to someone who is involved in your care or the payment for your care. We are not required to agree to your request unless you are asking us to restrict the use and disclosure of your health information to a health plan for payment as discussed below. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment and other exceptions pursuant to law.

  • If you paid out-of-pocket in full for a specific item or service, you have the right to ask that your health information with respect to that item or service not be disclosed to a health plan for purposes of payment or health care operations, and we will honor that request.

  • With certain exceptions, you have the right to inspect and copy your health information. Usually, such information includes prescription and billing records. We may deny your request to inspect and copy in certain limited circumstances, in which case, you may request that the denial be reviewed.

  • You have the right to request that we amend your health information if you feel that it is incorrect or incomplete. You must provide a reason supporting your request. We may deny your request if the health information is accurate and complete or is not part of the health information kept by or for us. Even if we deny your request for amendment, you have the right to submit a statement of disagreement regarding any item in your record you believe is incomplete or incorrect. If you request, this will become part of your medical record, and we will attach it to your records and include it whenever we make a disclosure of the item or statement you believe is incomplete or incorrect.

  • You have a right to request an accounting of disclosures of your health information. This is a list of disclosures we made of your health information, other than for treatment, payment, health care operations, and other exceptions pursuant to law. You must specify the time period, which may not be longer than six years and may not include dates before April 14, 2003.

  • If your health information is maintained in an electronic format, you have the right to request that an electronic copy of your record be given to you or transmitted to another entity. We will make every effort to provide access to your health information in the form or format you request if it is readily so producible. If it is not so producible, your record will be provided in either our standard electronic format or a readable hard copy form, as you choose. We may charge you a reasonable, cost-based fee for that service.

  • You have the right to be notified upon a breach of any of your unsecured health information.

  • You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you may request that we contact you only at work or at a different residence or post office box. We will accommodate all reasonable requests.

 

Changes to this Notice of Privacy Practices

We reserve the right to change this Notice. We reserve the right to make the revised or changed Notice effective for health information we already have about you as well as any information we receive in the future. 

 

For More Information or to Report a Problem

If you have questions and would like additional information, you may contact our office at https://www.delaneyeyecenter.com/ 407.219.4123. If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the Department of Health and Human Services, Office of Civil Rights, HIPAA, 200 Independence Avenue, S.W., Washington, DC 20201. To file a complaint with us, please contact at 2883 Delaney Ave

Orlando, FL 32806

 

All complaints must be submitted in writing. There will be no retaliation for filing a complaint.

 

Website Accessibility Statement

 

We’re committed to making our products, services, and online and in-store experiences accessible to the widest possible audience, including people with visual impairments and/or disabilities.

 

We’re always striving to enhance the accessibility of www.delaneyeyecenter.com, and we maintain our website in house and strive to ensure that our site is as accessible as possible for everyone.

 

If you are having difficulty accessing or using any web pages, please contact us directly at the office 407.219.4123 or info@delaneyeyecenter.com - To help us best assist you, please be prepared to share as much detail as possible about the specific page location you are having difficulty accessing. We will make every effort to provide you with the same goods or services available on the website in an alternative way.

 

We also welcome any feedback to improve the accessibility of our website.

©2019 by Delaney Eye Center