INTRODUCTION

Welcome to www.smithoptics.com, the online store of Smith Optics, Inc., which is a part of Safilo group. (“Smith”, “we”, “us” or our”). 

 The following terms and conditions and any other terms and conditions, agreements or policies available in Smith website or incorporated by reference, including without limitation, the Privacy Policy, (collectively the “Terms”) govern your access to and use of this website, including any content, functionality and services offered on or through this website (collectively, the “Site”).     

Please read the Terms carefully before you start to use the Site. By accessing or using the Site, you accept and agree to be bound and abide by these Terms.

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions and Canada.  By using this Site, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SMITH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT THERE WILL BE LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT AND THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE. YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING PROCEEDINGS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, OR REPRESENTATIVE, ACTION OR ARBITRATION; AND WAIVE YOUR RIGHT TO A JURY TRIAL.

 

1.     CHANGES 

Smith reserves the right at any time and from time to time to change the present Terms and to modify or discontinue temporarily or permanently, the Site (or any part thereof). This also includes modifying or completely ceasing specific offers and services with a cost obligation.  Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Your continued use of the Site after the “Last Updated Date” will constitute your acceptance and agreement to such changes. No modification to these Terms by any party other than Smith shall be valid or enforceable against Smith unless expressly agreed to by Smith in a writing signed by a duly authorized officer of Smith. 

 

2.     PRIVACY     

Please refer to the Smith’s Privacy Policy for the collection, processing and use of personal data collected from you in connection with your use of the Site. Please read our Privacy Policy linked to here. 

 

3.     CONTENT 

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Smith on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".

The Content may contain errors, omissions, or typographical errors or may be out of date. Smith may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Smith in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Smith or by third parties that have licensed their use to Smith. You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Smith does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Smith, is strictly prohibited.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide our copyright representative with the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the material that you claim is infringing is located on the Smith Site.
• Your address, telephone number, and e-mail address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

Please contact us for our copyright representative for notice of claims of copyright infringement.

 

4.     TRADEMARK

Smith and its affiliates retain all rights regarding its trademarks, service marks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Smith and its affiliates and are protected by U.S. and international laws and treaties. All other trademarks not owned by Smith or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smith.

 

5.     YOUR ACCOUNT

To access to some resources of the Site, such as promotions and discounts, you may be asked to register an account  or other information on voluntary basis. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

6.     USER BEHAVIOR

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To send, knowingly receive, upload, download, use or re-use any content over the Site or make it available which is libelous, defamatory, obscene, harmful or pornographic, or promotes violence, or violates privacy, infringes commercial protected rights or offer goods or services or solicits financial funds.
• To impersonate or attempt to impersonate Smith, a Smith employee, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Smith or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper workings of the Site.

 

7.     SUBMISSIONS 

Except as otherwise expressly provided herein or in the Privacy Policy, all notices, proposals, ideas, feedback, comments, links, complaints and other contents which you provide to Smith through the Site in any manner (collectively, “Submissions”), is and will be considered non-confidential and non-proprietary. By providing any Submission to Smith , you grant us, our service providers, and each of their and our respective affiliates, licensees, successors, and assigns, a non-exclusive, perpetual, irrevocable, transferable, royalty-free right and license to use any Submission for any purpose, including without limitation, reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. 

 

Smith has the right, but not the obligation to review, consider, respond or implement your Submission, or to return to you all or part of any Submission for any reason. You understand and acknowledge that you are responsible for any Submission you provide, and you, not Smith, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submission provided by you or any other user of the Website.

8.     LINKS 

The Site may from time to time contain links to other websites maintained by affiliates of Smith ('Affiliated Sites'). These Affiliated Sites are not operated by Smith, the operator of this Site, but by its affiliates. Please carefully read the terms and conditions of use and other policies of such Affiliated Sites. These Terms and Conditions do not apply to any Affiliated Sites. Please also carefully read the Cookies Policy and Privacy Policy. 

In some circumstances, the Site will contain links to other websites and resources provided by third parties, including Smith vendors, ('Third Party Sites'). Smith or its affiliates do not operate, control, endorse or guarantee the contents of any Third-Party Sites. You agree that Smith and its affiliates are not responsible for the availability, content, security, policies, or practices of any Third-Party Site, including without limitation privacy policies and practices.  Links to Third Party Sites are provided for your convenience only, and you access them at your own risk.

To the extent any Content is provided by third parties, Smith includes it for informational purposes only. Pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.

 

9.     PURCHASE OF PRODUCTS

Private use only.  By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. Prior to Smith’s acceptance of an order, verification of information and approval of the order may be required. Your receipt of an order confirmation does not constitute Smith’s acceptance of an order. Smith reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Smith, for any reason. Smith reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. 

Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site and we may change information at any time. We determine product availability upon receipt and automatic acknowledgement of orders.  Descriptions of, or references to, products or service offered by the Site do not imply endorsement of that product or service or constitute warranty by Smith. 

Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax.  In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Smith shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Smith shall promptly issue a credit to your credit card account in the amount of the incorrect price.  

Delivery. We will deliver the products you purchased to a common carrier at our warehouse for shipment to the destination in the continental United States, including Alaska and Hawaii, other details regarding shipping and delivery are described in our Shipping Policy. We deliver the products only to Canada when purchased from the Canadian website.

You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse.   

Cancellations, returns. Please refer to the Return & Cancellation policy section on this website for further details.

 

10.   DISCLAIMER  

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SMITH, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.  WITHOUT LIMITING THE FOREGOING, NEITHER SMITH NOR ANYONE ASSOCIATED WITH SMITH REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.   THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO THE APPLICABLE WARRANTIES IN THIS SITE .. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE.  THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.

 

11.   LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL SMITH, OR ANY OF ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTORY OR OTHERWISE (EVEN IF SMITH  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (C) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (F) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (H) ANY OTHER MATTER RELATING TO THE SITE.  

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, OUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING THE SITE SHALL BE THAT (A) YOU LEAVE THE SITE, AND (B) ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR RETURN AND CANCELLATION POLICIES.

 

12.   INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend and hold Smith, Smith’s vendors, and its and their affiliates and related entities and their respective directors, officers, employees and agents harmless from and against any liability, loss, claim, expense, damage, and cost, including reasonable attorneys' fees, arising from or related to your access to or use of this Site.   The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site or any product or service provided to you arising out of or relating to your use of the Site.

 

13.   TERMINATION

These Terms are effective until terminated by Smith. Smith may terminate these Terms and some or all of the Site or any feature or portion thereof, without notice and at any time in connection with all or part of the Site.

 

14.   DISPUTES

Any dispute or claim relating in any way to your access and use of this Site, or to any products or services sold or distributed through this Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

For all disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Smith Optics Customer Service and to the Legal Department at 300 Lighting Way Suite 400 Secaucus, NJ  07094. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration (or in small claims court, if applicable). We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue through any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.

Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent, Smith Optics Legal Department 300 Lighting Way Suite 400 Secaucus, NJ  07094. The arbitration will be conducted by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Corporation Service Company, the Dispute will be arbitrated by JAMS arbitration services. Unless we agree to use a different set of rules, the arbitrator will use the applicable JAMS arbitration rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS.   

Upon filing of the arbitration request, we will pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location

WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. WE EACH MAY SEEK RELIEF ONLY ON BEHALF OF OURSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY OUR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. IF A CLAIM

OR ACTION PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.  

 

15.   GOVERNING LAW 

Access to or use of the Site shall not be construed as Smith's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. These Terms, and any claim or action arising out of or relating to these Terms, shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York without regard to conflicts of law provisions. If any claim or action proceeds in court rather than through arbitration, sole and exclusive jurisdiction for any such claim or action shall be in the state courts of the State of New York for the County of New York and the federal courts for the U.S. District Court for the Southern District of New York.

 

MISCELLANEOUS

These Terms constitute the entire, full and complete agreement between yourself and Smith with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. You agree that Smith shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.  Each section, paragraph, part, term, and/or provision of these Terms shall be considered severable; and if, for any reason, any provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such provision shall not impair the operation, or have any other effect upon, other provisions of these Terms as may remain otherwise intelligible, and the latter shall continue to be given full force and effect to bind you and Smith; and said invalid provisions shall be deemed not to be part of these Terms.  No waiver by Smith of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Smith. 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

CONTACTING US

Please feel free to contact us with any comments, questions, complaints or suggestions you may have regarding our products or the Site.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At Smith Optics, we strive to provide the safest helmets, goggles, and sunglasses in the industry. As part of that process, Smith Optics has dedicated this page as a regulatory resource for its customers.

The following references are provided:

1. Declarations of Conformance as required by the Regulation (EU) 2016/425; and
2. VLT transmission curves for Smith's snow goggle collection as required by European Standard EN 174, "Personal Eye Protection – Ski Goggles for Downhill Skiing".

Please contact our Compliance Department if you have specific questions regarding a particular model or style.

 

Please click here to view the Cookie Policy on our website. 

Consumers residing in California have some additional rights with respect to their personal information under the California Consumer Privacy Act or (“CCPA”).  If you are a California resident, this section applies to you and supplements the main privacy policy.

Categories of Personal Information Collected

In the preceding 12 months, we have collected the following categories of personal information:

• Identifiers, such as name, date of birth, email address, shipping and billing address, gender, and prescription lenses.
• Commercial information, such as order history with Smith (eg. items purchased, purchase dates, shipping dates, etc.).

For more details about the data points we collect, please see the main privacy policy.

Business or Commercial Purpose for Collecting Information

We collect personal information for the following business and commercial purposes: enabling purchases, subscriptions to newsletters. Smith does not sell your personal information to third parties.

Categories of Sources of Personal Information

We collect personal information (a) directly from you when you make purchases from us, interact with our Customer Service Department, sign up for an account with us or subscribe to our newsletters, (b) automatically when you make purchases from us or sign-in to our site. Please see our main privacy policy for more details.

Sale of Personal Information

For the purposes of the CCPA, “selling” information broadly means scenarios where we have shared personal information with partners in exchange for valuable consideration.  Smith does not share or sell your Information with any third parties. In any case, Smith gives you the opportunity to confirm your will to opt out of these “sales” for the case Smith will evaluate this in the future. To “opt out” please click the “Do Not Sell My Personal Information” link at the bottom of the website page.

Your California Consumer Rights

California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may make this request up to two times in a 12-month period.  You may also request additional details about our information practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting personal information, the categories of third parties with whom we share and sell your personal information (Smith does not share/sell your personal information but you have the right to ask a confirmation on this), the categories of personal information we have disclosed and sold about you in the preceding 12 months (Smith share/sell your personal information but you have the right to ask a confirmation on this), and the categories of third parties to whom we sold personal information in the preceding 12 months (Smith share/sell your personal information but you have the right to ask a confirmation on this). If you are a California consumer, you also have the right to request deletion of your personal information (subject to certain exceptions), to opt out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights. 

 
Please note that any CCPA rights requests made before January 1, 2020 will be treated as if made on January 1, 2020.

California consumers may make a rights request by calling customer service at [888-206-2995] or by sending an email to privacypolicy@smithoptics.com.  Your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address, name and account id (which is required only if you already have an account with us).  If you have an account with us, you can find your account id on your main account page after you log in.  To opt-out of the “sale” of your information as described above, please click the “Do Not Sell My Personal Information” link at the bottom of this page. We will not discriminate against you if you choose to exercise your rights under the CCPA.

 

Do Not Sell My Personal Information form.

We have added a new section for California residents.

We respect the privacy of the visitors to the SmithOptics.com website, our Imprint 3D products mobile app (“App”), and the websites connected with it (“Websites”). We take great care to protect your information. This privacy policy tells you what information we collect and how we may use it as well as the steps we take to ensure that it is protected.

What kind of information do we collect?

There are cases where Smith Optics may ask you for personal information, such as your name, address, date of birth, gender, email address, prescription lenses (upon your consent), face scan (upon your consent) that will obtain your facial geometry which is considered as “Biometric Information” and etc. We do this for instance when you participate in our custom program for custom made products, register for contests/promotions, respond to communication such as e-mail, order glasses with specific medical lenses and for services that require registration or subscription. If you would like to be on our mailing list, we will ask you to actively opt-in. We might also collect personal information from you about a third party, for instance if the Websites allows you to send an email referring someone to our site or an active promotion, in which case we need to know the name and e-mail address of the recipient. That information will only be used for the specific purpose (delivering the email) and Smith Optics will not further contact the third party unless the third party contacts us.

• We may use 'cookies' to gather information about your visits to our Websites to enhance your experience. You can find more information on how we use cookies in the section 'Use of Cookies'.
• When you visit our Websites, we may collect so called 'click stream' data (server address, domain name etc.). This information can be combined with information you have provided to us (for instance by registering), which will enable us to analyze and better customize your visits.
• Face Scan information: When you choose to participate in our Smith custom made products program through download of our App, you will be requested (upon your consent) to perform a face scan in order to receive services and products of our Imprint 3D products program. The photos and videos recorded by the App to obtain your Biometric Information will not be disclosed or disseminate to a third party and will be kept private unless requested otherwise.
  
  

Use of visitors' information

All personal information that we obtain about you will be recorded, used and protected by us in accordance with current data protection legislation and this privacy policy. We will primarily use your personal information to provide products and services to you and, for example:

• Smith Optics creates, stores, and utilizes your face scans for the sole purposes of generating and delivering the Smith Optics Imprint 3D program through our App. Once your face scan is captured, the Biometric Information is encrypted and stored by Smith Optics on our secure server storage system. Smith Optics will retain your face scan for no longer than two years from the date of collection.
• To administer a contest, promotion, survey or other site feature and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest). You may be contacted by phone or email.
• To send you information/materials via e-mail or SMS-messages about products, offers and news we think could interest you. This information may relate to products, offers and news of Smith Optics and/or its licensees or carefully selected commercial partners. We only send you this if you have opted-in to receive Smith Optics e-mails and/or SMS messages. In case you do not want to receive any e-mails and/or SMS messages from us anymore, or if you want to modify your personal data or want your personal data to be deleted from our database, we refer you to the 'Opt-out, delete or modify personal information' section below
• To analyze visits to the Websites and learn about the interests of our visitors in aggregate and also on personal level to better understand your interest and need, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
• To produce your order of prescription lenses in Smith Laboratory and to deliver the products to you.

Who manages visitors' information

The global and local Websites of Smith Optics and the information collected, are managed and controlled by Smith Optics. The servers that make the global and local Websites of Smith Optics available are located in the USA. If you are located outside the USA, please note that the information you provide will be transferred to the USA and by submitting the information you authorize this transfer. Smith Optics has entered into an agreement with a hosting company in the USA to provide sufficient safeguards for the protection of your data. Personal information will be handled in accordance with current data protection legislation and this Privacy Policy.

Protection of visitors' information

In order to protect the information, you provide to us by visiting our Websites, we have implemented various security measures. Your personal information is contained behind secured networks and is only accessible by a limited number of people, who have special access rights and are required to keep the information confidential.

Please keep in mind though that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Smith Optics strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk.

Children's privacy

When a child tries to submit his/her registration he/she will be asked to submit the same kind of information as indicated in the above section 'Information we collect from visitors'. Furthermore, the information provided by the child and gathered (for instance through the use of cookies) during his/her visit may be used as indicated in the said above section.

Disclosing personal information to third parties

Except as described in this policy, we do not sell, trade or otherwise transfer your personal information to third parties without informing you in advance and in accordance with applicable data protection law. Your data may be transferred to web site hosting partners and other parties who assist us in designing and operating the Websites, executing services (for instance prize fulfillment) or help us analyze collected data. These parties will only use your data for the purpose of carrying out the work as indicated and will be required to keep the information confidential. We will also release personal data without consent if such is required by law, for security purposes, or to prevent imminent harm.

Links to third parties

For your convenience and to improve the usage of the Websites we insert links to third parties, for which this privacy policy does not apply. These links take you outside our service and off the Smith Optics site and are beyond our control. This includes links from partners that may use Smith Optics logos as part of a co-branding agreement or sell Smith Optics products. The sites you can link to have their own separate privacy policy and although we seek to protect the integrity of our site, Smith Optics is not responsible and cannot be held liable for the content and activities of these sites. Your visit/access to these sites is therefore entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information.

Use of cookies

A cookie is a small string of information that the Websites that you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Websites and that information helps us to understand your preferences and improve your Websites experience. Cookies are also used to remember for instance your username and password. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (like Internet Explorer). There are also software products available that can manage cookies for you. Please be aware though that when you have set your computer to reject cookies, it can limit the functionality of the Websites you visit and it's possible then that you do not have access to some of the features on the Websites.

Smith Optics Imprint 3D Mobile App:

If you choose to participate in our Smith custom made products program, upon purchase on our website and through download of our Smith mobile application (“App”), you will be asked, upon your consent, to perform and upload a face scan to receive custom made products. Smith will obtain facial geometry also considered as “Biometric Information” through your uploaded face scan to build your requested custom fit goggles. Prior to submitting the face scan, you must consent to allow Smith to obtain your Biometric information and store and utilize the information for the sole purpose of generating and delivering your requested custom-made products. Smith’s App utilizes software to capture the contours of your face, create a custom goggle model to your face shape, and then 3D prints a custom goggle to the contours of your captured face scan. In order to protect your Biometric Information and comply with various laws governing Biometric Information, Smith has implemented the following specific policies:

• Smith Optics creates, stores, and utilizes your face scan for the sole purpose of generating and delivering the Smith Optics Imprint 3D products which you have ordered.
• You must first consent to our Privacy Policy outlining our collection, storage and use of your face scan (there is no disclosure of your face scan, only a disclosure of your Imprint 3D goggle model, generated internally based off your face scan) before you are able to upload your face scan to our Imprint 3D database
• There is no disclosure of your face scan. Our systems generate a custom goggle model based on your submitted face scan. The generated custom goggle model is what is disclosed to create your Smith Imprint 3D products.

o   Smith Optics will not sell, lease, trade or otherwise profit from your face scan.

o   Smith Optics will not disclose or disseminate your face scan, or your custom goggle model, for purposes other than to provide Smith Imprint 3D products.

• Once captured, face scans are encrypted and stored by Smith Optics on our secure server storage system. Service providers are contractually required to store biometric information, such as your face scan, using appropriate security measures.
•  Smith Optics will retain your face scan for no longer than two (2) years from the date of collection and thereafter will permanently destroy your face scan from our systems.

Opt-out, delete or modify personal information

You may cancel your registration at any time, opt-out of receiving any e-mails from Smith Optics, or any other data we have (including face scan and Biometric Information). Additionally, you can choose to have all your personal information deleted from our database. If you want to opt-out, delete or modify your personal information, please visit the registration page. We encourage you promptly to update your personal information if it changes.

Changes to the policy

We may from time to time need to amend this policy, due to changes in regulations and to keep up with new developments and possibilities on the Internet. We therefore reserve the right at our discretion to make these changes and ask you to check this page periodically, as you are bound by these changes when visiting our Websites.

How you can contact us

If you have any questions or comments relating to our Websites and/or the privacy policy, please contact us or write to us: Smith Optics, Inc. PO Box 160464 Clearfield, UT 84016.

Your consent

By using the Smith Optics Websites, you signify that you agree to the terms of this Privacy Policy. If you do not agree with the terms of our Privacy Policy, please do not provide us with personal information and leave this Websites. Please refer to consent for our Imprint 3D products app before submitting your face scan.

Online policy

The Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Smith Optics's control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through our Websites and not to information collected offline.