TERMS OF USE/ PRIVACY 

Terms of Use

By entering SEE Canada ULC (the “Company”) website, www. seeeyewear.ca (the “Site”), you acknowledge and agree to be bound and abide by these Terms of Use and the Company’s Privacy Policy. When you use the services or functionality provided on the Site (the “Services”), you are agreeing to these terms, so please do not use the Services if you do not agree. If you do not agree to these Terms of Use and/or the Privacy Policy, do not enter the Site. Before using any of the Services provided on this Site, please read these Terms of Use and our Privacy Policy.

 

THIS SITE HAS BEEN DEVELOPED AND LAUNCHED FOR USE IN CANADA IN COMPLIANCE WITH THE APPLICABLE LAWS THEREIN. ALTHOUGH THE SITE IS ACCESSIBLE WORLDWIDE, NOT ALL FEATURES, PRODUCTS OR SERVICES DESCRIBED OR REFERENCED THROUGH OR ON THE SITE ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS, OR APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA. ANY OFFER FOR ANY FEATURE, PRODUCT OR SERVICE MADE ON THE SITE IS VOID WHERE PROHIBITED. IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE OF CANADA, YOU WILL BEAR FULL RESPONSIBILITY FOR COMPLIANCE WITH THE LAWS AND REGULATIONS OF THE JURISDICTION WHERE YOU ARE LOCATED.

 

Eligibility

We only permit individuals who are the age of majority and can form legally binding contracts in their respective jurisdiction to use access and use the Site. If you are under the age of majority or cannot form a legally binding contract in your respective jurisdiction and would like to access and use the Site, you can, but only if a parent or legal guardian who is at least the age of majority and can form a legally binding contract in your respective jurisdiction supervises you. In all cases, the adult shall be deemed to constitute the user and is responsible for any and all activity on the Site.

Your access to and use of the Site means you represent and warrant that you meet all eligibility requirements we outline in these Terms of Use. We may still refuse to let certain people access or use the Site. We may also change our eligibility criteria. We offer the Site only for personal, noncommercial use, and not for the use or benefit of any third party.

 

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found below. The Company’s Privacy Policy is expressly incorporated into these Terms of Use by this reference.

 

Copyright and Trademarks

All Site Content (other than links to unrelated third party websites) is either owned or controlled by the Company, used under license to the Company or otherwise used with permission, and is protected by applicable intellectual property laws (including trade dress, copyright, patent and trademark laws). For purposes of these Terms of Use, “Content” means and includes, without limitation, all audio, video, artwork, text, graphics, images, photographs, computer code, the “look and feel” of the Site, user and visual interfaces, trademarks and logos.  Unless specifically provided for on the Site, you may not reproduce, copy, post, modify, mirror, transmit, republish, upload, download, publicly display, encode, translate, transmit or distribute in any way any Content or portion of this Site without the express prior written consent of the Company, which consent may be given or withheld by the Company in its sole and absolute discretion.

 

Use of Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Company reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other system or networks connected to the Site or to any Company server, or to any of the Services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site to its source or exploit the Site or any service or information made available or offered by or through the Site, in anyway. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks, or any system or networks connected to the Site or to the Company. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes on the rights of the Company or others.

While this Site may have links to other websites, the provision of such links does not constitute and shall not be considered an endorsement, approval or certification by the Company of such websites or any of the content contained thereon, and the provision of such a link shall in no way be construed as an association between the Company and such website or the owners thereof unless specifically stated otherwise. BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR LINKING TO ANY SUCH SITES IS AT YOUR OWN RISK. You shall not, without the prior written consent of the Company, which consent may be given or withheld in the Company’s sole and absolute discretion, link this Site to any other website.

 

Intellectual Property Infringement

It is the Company’s policy to remove from the Site any materials known by the Company to infringe upon the intellectual property rights of a third party. If you believe that any materials on the Site infringe upon a third party’s intellectual property rights, please provide the Company with written notice containing the following information (at a minimum): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company shall, as soon as practicable following receipt and verification of any such alleged infringement, remove or disable any material that is the subject of such claimed infringement.

 

Notification of Changes

The Company reserves the right at any time or from time to time, in its sole and absolute discretion, to modify all or any portion of these Terms of Use. You shall have the responsibility to review these Terms of Use from time to time to check for such modifications. Each entry onto the Site shall constitute your acceptance of these Terms of Use as so modified.

Indemnification, Disclaimers and Limitations of Liability

The following provision may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection

 

Act applies.

Any violation by you of these Terms of Use may subject you to civil or criminal penalties and may cause irreparable harm to the Company for which monetary damages would be inadequate. Accordingly, in addition to any other rights and remedies available to the Company, whether at law or in equity, the Company shall have the right to seek injunctive or equitable relief.

You shall indemnify and hold the Company, its owners, officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any damages, losses, liabilities and/or expenses (including legal fees) incurred by the Company due to or arising out of or in connection with your breach of any representations or warranties contained herein (including, without limitation, the representations and warranties contained above) or your use of the Site.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANYONE REPRESENTING THE COMPANY BE LIABILE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNTITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS OR USE OF THE SITE OR THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION). THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Termination of Use

The Company may, in its sole and absolute discretion, terminate your right to use this Site at any time, with or without cause or notice. All representations, warranties and promises made by you shall survive such termination.

 

Applicable Law

The following provision may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection Act applies.

By using this Site, you agree that any litigation between you and the Company arising under or pertaining in any way to the use of this Site, the Content thereof and the links to other websites shall be governed and construed in accordance with the laws of the State of Michigan and the courts of Michigan shall have the exclusive jurisdiction over all such litigation.

 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

For Quebec residents, the parties to these Terms of Use hereby confirm their express wish that these Terms of Use, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms of Use be in the English language only and declare themselves satisfied with this; les parties aux présentes conditions d’utilisation par les présentes confirment leur volonté expresse que ces conditions d’utilisation, ainsi que tous les autres documents liées à celui-ci, y compris mais non limité à tous les confirmations, les avis, les dispenses, consentements et autres communications entre les parties dans le cadre de ces conditions d’utilisation en langue anglaise seulement et se déclarent satisfaits.

 

PRIVACY POLICY

Effective Date: l, 2017

Commitment to Privacy

SEE Canada ULC (the “Company”) respects the privacy of each individual who provides us his or her Personal Information. To this end, we have appointed a privacy officer to oversee our compliance with this Privacy Policy (“Privacy Policy”) and applicable privacy laws. The following is our policy with respect to the collection, use and disclosure of Personal Information that we may collect in connection with your visit to one of our Canadian stores and/or our site, www.seeeyewear.ca (the “Site”), and/or participation in our loyalty program.  By providing us your Personal Information, you agree to the terms of this Privacy Policy.  If you do not agree to the terms of this Privacy Policy, do not provide us your Personal Information.  Please note that this Privacy Policy does not apply to third party websites such as Facebook, Twitter, Pinterest, Instagram and Google+ that we do not own or control, even if you access such third party websites through this Site.  We encourage you to carefully review the privacy policies of any such third party website you access so that you know how they will use and share your information. 

For the purpose of this Privacy Policy, “Personal Information” means information about an identifiable individual.

 

Information Collection and Use

The Company may collect certain Personal Information from you such as your name, address, telephone number, email address and other information we require to manage our relationship with you from time to time.   Except for disclosing such information within our corporate group, to our third party service providers and/or in the case of Exceptional Situations (as defined below), we do not disclose your personal information to any third parties. 

We may use your Personal Information to manage our relationship with you (for example, provide you products you have purchased in our store), improve our Site and/or services, fulfill requests (for example respond to your inquiries) and/or, subject to our obligations under applicable anti-spam laws, contact you to provide you with promotional information and/or other information related to our products. 

Please note that you may withdraw your consent to use your Personal Information at any time, subject to certain restrictions prescribed by applicable law.

 

Protection of Information Collected

The Company maintains technical, administrative, physical, electronic and procedural safeguards to protect the confidentiality and security of Personal Information transmitted to us, including by utilizing Secure Sockets Layer (“SSL”).  SSL encrypts your Personal Information so only the company is able to decode the Personal Information.  Please note that email is not encrypted and is not considered to be a secure means of transmitting sensitive information.  “Phishing” is a scam designed to steal your Personal Information.  If you receive an email that looks like it is from us asking you for certain information, do not respond.  Though we might ask you your name, we will never request your credit card information or other Personal Information through email.   Employees who have access to your information are made aware of the importance of keeping it confidential.

Where we use service providers who might have access to your Personal Information, we require them to have privacy and security standards that are comparable to ours. We use contracts and other measures with our service providers to maintain the confidentiality and security of your Personal Information and to prevent it from being used for any other purpose.

 

Exceptional Situations

Notwithstanding anything to the contrary, we may use and/or disclose your Personal Information: (i) to satisfy any law, regulation, or government request; (ii) if such use and/or disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of seeeyewear.ca or its users, sponsors, providers, licensors, or merchants.

 

Children’s Information

We are especially sensitive about children’s information.  We do not knowingly collect information from children under the age of 13.  If you are a parent or legal guardian of a minor child, you may use the Site on behalf of such minor child.  We will treat any information that you provide us while using the Site on behalf of your minor child as Personal Information as otherwise provided in this Privacy Policy.  If you have questions concerning our information practices with respect to children, or if after a transaction, you would like to review, have deleted, or stop the further collection of your child’s Personal Information, please email us at customerservice@seeeyewear.com.

 

Cookies

We may, from time to time, collect certain information which is not able to identify you automatically through the use of “cookies” or similar files that are saved on your computer.  The information collected by means of “cookies” and other similar files helps us to serve you better.  As with your Personal Information, except as otherwise provided herein, we do not provide information collected through the use of “cookies” to any unaffiliated third parties. It is important to note that most internet browsers will permit you to block or erase cookies or receive a warning before a cookie is placed on your computer.  Consult your browser manual or help screen for assistance with blocking or erasing cookies and/or receiving warnings before cookies are placed on your computer.

 

Traffic Data

It is possible that in an email to you we will use a “click-through URL.” If we do use a “click-through URL,” when you click on the URL, you will pass through our web server before arriving at the destination website.  We may keep track of each click-through to help us determine your interest in particular topics and/or merchandise we feature on our Site, and use this information to measure the effectiveness of our customer communications.

 

Business Transfers

In the event of the sale of our business to a third party, it is possible that your Personal Information may be transferred and that third party may continue to use your Personal Information as set forth in this Privacy Policy. 

 

Data Transfers outside Canada

Some of the recipients who we disclose your Personal Information to as contemplated in, and in accordance with, this Privacy Policy may be located in jurisdictions outside Canada. As a result, your Personal Information may be used, stored and/or accessed in countries outside of Canada, including without limitation the United States. However, all such Personal Information will be protected in accordance with this Privacy Policy. Please note that when your Personal Information is located outside of Canada it will be subject to the laws of the country in which it is situated and these jurisdictions may not have an equivalent level of data protection laws as those in your country.

 

Notification of Changes

Subject to our compliance with applicable law, this Privacy Policy is subject to change at any time.  We encourage you to review this Privacy Policy regularly for any changes. 

Retaining Your Personal Information

We will only retain your Personal Information as long as is necessary for the fulfillment of the purposes for which it was collected or as required by law. Your Personal Information is securely stored until such time as it is no longer required, after which it is destroyed, rendering it unable to identify you.

 

Updating Information

We take care to keep Personal Information in our records as accurate, complete and up to date as necessary for the purposes for which it is used. To do so, we rely on you to tell us when your information changes. If you would like to correct or delete any Personal Information provided to us, please contact the Company at customerservice@seeeyewear.com. You should also contact the Company at customerservice@seeeyewear.com to report any known or suspected privacy or security breaches or to submit privacy-related questions or complaints about privacy.

 

Questions

You have the right to access Personal Information we hold about you and to have any concerns you may have over our policies and practices addressed. In addition, you have the right to obtain information regarding our policies and practices as they relate to the collection, use and disclosure of Personal Information, including those with respect to the transfer and storage of your information outside of Canada, and update your Personal Information. If you have any questions related to the foregoing or any of the terms or conditions of this Privacy Policy, please feel free to contact us at secustomerservice@seeeyewear.com.