Effective Date: February 20, 2018

Prescription Check Privacy Policy

1. Introduction.

JAND, Inc. d/b/a Warby Parker (“Warby Parker,” “we,” “us” or “our”) operates a mobile application and related website (the “Prescription Check App”) and retail store service and related website (the “In-Store Prescription Check” and, collectively with the Prescription Check App, “Prescription Check”) that you may access for the purpose of performing a vision test that may allow you to update your eyewear prescription. When you use Prescription Check, you agree to disclose certain information about yourself and you authorize us to use this information pursuant to this Prescription Check Privacy Policy by (1) answering a series of questions (“Eligibility Questionnaire”) to determine whether you are eligible to participate in the Prescription Check vision test, (2) performing a series of tasks to help an Eye Doctor determine whether to issue you an updated eyewear prescription (“Vision Test”), and/or (3) communicating with Warby Parker or an Eye Doctor in connection with your use of Prescription Check Prescription Check, which allows licensed optometrists or ophthalmologists (each an “Eye Doctor”) to review your Eligibility Questionnaire, your Vision Test, and other information about you and provide you with certain telehealth services related to your vision (the “Services”). The In-Store Prescription Check Vision Test includes an acuity test and measurement of your refractive error using a handheld device. This Privacy Policy describes the information that we gather from you when you use Prescription Check and how we use and share that information. Our use of any individually identifiable health information you provide is subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In addition to this Privacy Policy, our Notice of Privacy Practices will apply to such information.

2. Your Warby Parker Account.

A personal Warby Parker account is required to access the Prescription Check App. If you have already created a Warby Parker account, you may access the Prescription Check App by entering your username and password on the app’s sign-in screen. If you do not have a Warby Parker account, you may create one within the app. Please do not use anyone else’s Warby Parker account and do not share your Warby Parker account information with anyone else. You are solely responsible for keeping your Warby Parker account and password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Warby Parker account. You do not need a Warby Parker account in order to use the In-Store Prescription Check, but you will need to provide your email address.

3. Information we collect.

"Health Information" is information that relates to your past and present health or vision conditions (including medications, ailments, and prescriptions) that is derived from your use of Prescription Check. Some Health Information may be subject to laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA). You represent that any Health Information that you disclose to us is your Health Information that you are authorized to disclose to us. “Personal Information” is information about you, including your first name, last name, and demographic information, derived from your use of Prescription Check. Your Warby Parker account contains Personal Information and/or Health Information, and we will access such information when you use the Prescription Check App. Additionally, in order to facilitate your use of Prescription Check and to help an Eye Doctor determine your need for an eyewear prescription, we may collect the following information when you use Prescription Check:

  • your name, age, email address, username, or other Personal or Health Information contained in your Warby Parker account
  • answers and written information that you submit during the Eligibility Questionnaire
  • your answers to, performance of, and actions during the Vision Test
  • timestamps of all actions that you take within the Prescription Check App
  • Health Information prepared by an Eye Doctor who provides you Services, such as medical records, prescriptions, treatment decisions, medical advice, examination notes, and any other information prepared by an Eye Doctor about your health or vision
  • billing information that you provide us, such as credit card information
  • any other information that you submit to us in connection with your Eligibility Questionnaire, Vision Test, Prescription Check, or the Services, including information exchanged in emails, texts, chats, or calls between you and Warby Parker

When you use the Prescription Check App, we may also collect information about your mobile device, such as IP address, device information, and unique device identifiers, and we may derive your approximate location from your IP address. When you permit the Prescription Check App to access your location through your mobile device settings, we may collect the precise location of your device when the Prescription Check App is running in the foreground or background. Your location information is necessary to confirm your location while using the Prescription Check App, so we can be sure that your results are reviewed by an Eye Doctor licensed in your state.

4. How we use your information.

Warby Parker may use your Health Information and Personal Information to determine the vision correction that you need, and for quality assurance, internal testing and analysis, and to make improvements to Prescription Check. We may also use your Health Information and Personal Information to provide customer service to you, to communicate with you about Prescription Check, to respond to your questions, to contact you regarding your Eligibility Questionnaire, Vision Test or the Services, to remind you to renew your prescription, or to send an Eye Doctor’s prescription, medical records, advice, decisions, or notes to you. We will not license or sell your information to anyone, and will share your information only as set forth below. Warby Parker is committed to protecting your privacy and will comply with all laws and regulations applicable to the use and disclosure of your Health Information and Personal Information. If you receive an eyewear prescription as a result of your Eligibility Questionnaire, Vision Test and the Services, we will email you a copy of the prescription and add the prescription information to your Warby Parker account, after which it will appear in your account as “[your first name]’s Prescription Check Rx.” If, after taking the Vision Test, the Eye Doctor determines that you are not eligible for an updated eyewear prescription through Prescription Check, then we will notify you by email and may include additional notes or recommendations from the Eye Doctor. If you purchase Warby Parker products, Warby Parker may also use your Health Information or Personal Information to process your purchase.

5. How we share your information.

Except as described in this Privacy Policy, we will not share your Health Information or Personal Information with any third parties. Warby Parker will share your Health Information and Personal Information with one or more Eye Doctors, who will evaluate the results of your Eligibility Questionnaire and Vision Test. Eye Doctors may be any of the following: Warby Parker employees, Warby Parker independent contractors, employees of a professional corporation, or independent contractors of a professional corporation. In all cases, Eye Doctors will be under a contractual obligation to keep your Health Information and Personal Information confidential. Additionally, Warby Parker may share your Personal Information or Health Information with:

  • its subsidiaries or affiliates
  • contractors, service providers, and other third parties who support our business and who are bound by written contractual obligations to keep your information secure and confidential and who will use it only for the purposes for which we disclose it to them
  • as required by law, which can include providing information as required by a court order
  • when we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request
  • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Warby Parker’s assets

We also may de-identify and aggregate your information and disclose such de-identified and aggregated information to third parties for any business or other purpose not prohibited by law. We use Google Analytics to help improve Prescription Check and analyze how users use Prescription Check. Google Analytics uses cookies to collect de-identified information such as the type of mobile device you use when accessing the Prescription Check App and whether you complete different steps of Prescription Check. This information cannot be used by Google Analytics to identify you.

6. Applicability of this Privacy Policy.

This Privacy Policy applies only to information we collect through your use of Prescription Check and through any email, text, or other electronic communications related to your use of Prescription Check. This policy does not apply to your use of other Warby Parker websites, apps, or stores. Please visit warbyparker.com/privacy-policy for more information. Additionally, please note that this Privacy Policy does not apply to information that you submit to third party websites or applications that we do not own or control, such as the Apple App Store, Facebook, Twitter, Pinterest, Instagram, Snapchat, and Google+. Access to Prescription Check and the Services is limited to individuals located within the United States. Prescription Check may not be available in certain states. You may not access or use Prescription Check or the Services in any jurisdiction where Prescription Check or the Services would be unlawful.

7. We are committed to protecting your information.

We take the protection of your information very seriously and understand the sensitivity of your Health Information and Personal Information. Therefore, we take many security measures (physical, electronic, and procedural) to help keep your information safe. For example, we limit access to authorized employees and third parties who are under an obligation to keep all such information confidential. Also, we only allow parties to access your identifiable information for purposes permitted by this Privacy Policy. Unfortunately, even though we use commercially reasonable efforts to protect your information, we cannot guarantee complete security. Any information that you provide to us is done so entirely at your own risk.

8. Children’s Information.

We are especially sensitive about children’s information. We do not knowingly allow individuals under the age of 18 to use Prescription Check, and we do not knowingly collect personal information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you have questions concerning our information practices with respect to children, or if you believe a child under the age of 13 has provided us with personal information, please email us at [email protected]

9. Changes to this Privacy Policy.

We occasionally review this Privacy Policy to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Effective Date” at the top of this page so that you can tell if it has changed since your last visit. Your continued use of Prescription Check constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.

10. Contact Us.

If you have any questions about viewing or updating your information, this Privacy Policy, or our privacy practices, please contact us at [email protected]