Warby Parker Washington Consumer Health Data Privacy Policy

This Washington Consumer Health Data Privacy Policy (“Washington Policy”) describes how we Process the Consumer Health Data of Washington Consumers that interact with Warby Parker Inc. (“Warby Parker,” “we,” “us,” or “our”), and any of our affiliates. “Washington Consumers” are Washington residents and individuals whose Consumer Health Data is Collected in Washington pursuant to the Washington My Health My Data Act (“Washington Act”). This Washington Policy applies to the processing of Consumer Health Data obtained through our websites that link to this Washington Policy, including warbyparker.com (each, a “Site”) and our mobile applications (each, an “App”) (collectively, the “Services”).

For purposes of this Washington Policy, “Consumer Health Data” means Personal Information that is linked or reasonably linkable to a Washington Consumer and that identifies the Washington Consumer’s past, present, or future physical or mental health status. Capitalized terms that are not otherwise defined in this Washington Policy shall be defined as they are in the Washington Act.

In the event of a conflict between any other Warby Parker policy, statement, or notice and this Washington Policy, this Washington Policy will prevail as to Consumer Health Data Processed under the Washington Act.

This Washington Policy does not cover the Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). For information on our use and disclosure of PHI, please refer to our Notice of Privacy Practices.

From time to time, we may clarify, revise, or update this Washington Policy, which may include making changes to the way we Process Consumer Health Data. If we make any changes to this Washington Policy, we will revise the date at the top of the Washington Policy. Changes to this Washington Policy will become effective once they are posted.

1. Consumer Health Data Collection, Use, and Purpose

We use cookies, software development kits, and similar technologies to automatically collect your IP address, unique identifier, and internet or other electronic network activity information when you access our Services. This information may be considered data that identifies a Washington Consumer seeking Health Care Services when you use certain features and functionalities, including when you use our Virtual Try-On feature, access blog articles that include information about healthcare, and review our lens guidance to identify the best glasses lenses for your eyes. We use this information to support the functionality of our Services, help you navigate the Services more efficiently, and provide access to these resources.

2. Consumer Health Data Sharing and Disclosure

We Share the categories of Consumer Health Data described above to the extent necessary to provide Services requested by the Washington Consumer, with the Washington Consumer’s Consent, or as legally required, including to:

• Individuals or entities to whom Washington Consumers instruct us to disclose their Consumer Health Data, including eye doctors.
• Insurance institutions, including Consumers’ insurance providers.
• Federal or Washington state regulators, where required or permitted by applicable law.
• Our Affiliates to carry out our operations and provide Services to Washington Consumers. Our Affiliates include: Warby Parker Retail, Inc. and Walnut Vision Care WA, P.C.

We may also disclose Consumer Health Data to:

• Our Processors to provide Services in a manner consistent with the purpose for which the Consumer Health Data was Collected and disclosed.
• Parties with whom the Washington Consumer has a direct relationship for the purpose of providing Services requested by the Washington Consumer, in circumstances where we maintain control and ownership of the data and the party only uses the Consumer Health Data at our direction for the purpose for which the Consumer Health Data was Collected or Consented to.
• External parties as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the party may assume control of all or part of our assets.

We will not Sell Consumer Health Data without first obtaining valid authorization from the applicable Washington Consumer.

3. Consumer Health Data Rights

Washington Consumers have the right to submit certain requests relating to Consumer Health Data, as described below.

• Right to Confirm: Washington Consumers have the right to confirm whether we are Collecting, Sharing, or Selling their Consumer Health Data. At this time, we do not Sell Consumer Health Data.
• Right to Access: Washington Consumers have the right to access their Consumer Health Data.
• Right to Deletion: Washington Consumers have the right to request that their Consumer Health Data be deleted.
• Right to Withdraw Consent: Washington Consumers have the right to withdraw Consent from our Collection and Sharing of their Consumer Health Data.
• Right to Obtain Sharing Information: Washington Consumers have the right to obtain a list of all Third Parties and Affiliates with whom we have Shared their Consumer Health Data and an active email address or other online mechanism to contact Third Parties.

Exercising Your Rights. To exercise your privacy rights, please click here or email us at [email protected].

Verification. In order to exercise these rights, you will need to verify your identity to protect your security and Consumer Health Data, which may include providing certain information.

Appeal. We may deny your privacy rights request in certain circumstances. If your privacy rights request has been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request by emailing us at [email protected]. In the event we deny your appeal, we will provide a written explanation of the decision, and instructions on how to contact your local Attorney General for further review.

Non-Discrimination. We will not discriminate against you because of your exercise of any of your privacy rights.

4. Contact Us

If you have any questions about this Washington Policy or our privacy practices related to Consumer Health Data, please contact us at [email protected].