We may collect the following Data, which includes personal Data, from you:
4.2.1. Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, placing an order for Products, subscribing to our services or requesting information on our Products or services. We may also ask you for information when you enter any competition or promotion, and when you report a problem with our Site. Such information may include, but not be limited to:
– Name;
– Contact Information such as email addresses, postal addresses and telephone numbers;
– Financial information such as credit / debit card numbers;
– Name, address and contact details of your optician;
– An image of any contact lens prescription uploaded,
4.2.2. Information collected automatically during visits to our Site including, but not limited to:
– Date and time of visit;
– IP address;
– Device type;
– Web browser type and version;
– Operating system;
– A list of URLs starting with a referring site, your activity on this Site, and the site you exit to;
– Other resources that you access.
4.2.3. Additional details of orders you place on our Site including, but not limited to:
– Identity and quantity of Products ordered and price paid;
– Prescription details of contact lenses;
– Payment method and status;
– Delivery method;
– Discount and promotion codes including refer-a-friend referrer and referee details.
4.2.4. Details of personal communication with you including but not limited to:
– Emails;
– Postal correspondence;
– Telephone call recordings;
– Live chat transcripts.
4.2.5. Responses to surveys that we have asked you to complete for research purposes, although you do not have to respond to them.
4.3. OUR USE OF DATA
4.3.1. Branclear is the “data controller”.
4.3.2. We will retain any Data we collect in relation to orders placed on our Site for 7 years and otherwise for 3 years.
4.3.3. Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties.
4.3.4. All personal Data is stored securely. For more details on security see the clause below (Security).
4.3.5. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Site. Specifically, Data may be used by us for the following reasons:
– internal record keeping;
– improvement of our products / services;
– transmission by email of promotional materials that may be of interest to you;
– contact for market research purposes which may be done using email, telephone, fax or mail.
4.4. THIRD PARTY WEBSITES AND SERVICES
We may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Site. The providers of such services may have access to certain personal Data provided by you.
4.5. CHANGES OF BUSINESS OWNERSHIP AND CONTROL
4.5.1. We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Branclear. Data provided by you will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
4.5.2. We may also disclose Data to a prospective purchaser of our business or any part of it.
4.5.3. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
4.6. CONTROLLING USE OF YOUR DATA
Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
– use of Data for direct marketing purposes; and
– sharing Data with third parties.
4.7. ACCESSING YOUR OWN DATA
You have the right to ask for a copy of any of your personal Data held by us (where such Data is held) on payment of a small fee, which will not exceed $10 USD.
4.8. SECURITY
4.8.1. Data security is of great importance to us and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Site.
4.8.2. If you choose, or you are provided with, a user id, password or any other information as part of our security protocol, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user id or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
4.8.3. We endeavor to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Site.
4.9. COOKIES
4.9.1. This Site may place and access certain Cookies on your computer or device. We have carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
4.9.2. All Cookies used by this Site are used in accordance with current EU Cookie Law.
4.9.3. Before the Site places Cookies on your computer for the first time, you may be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling us to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Site may not function fully or as intended.
4.9.4. This Site may place the following Cookies on your computer or device:
– Strictly necessary cookies
These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services.
– Analytical/performance cookies
They allow us to recognize and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
– Functionality cookies
These are used to recognize you when you return to our Site. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
4.9.5. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Site more quickly and efficiently including, but not limited to, personalisation settings.
4.9.6. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
5. OUR LIABILITY
5.1. Limited Liability for Products and Services Provided
The liability of Branclear in connection with any Product purchased is strictly limited to the purchase price of that Product.
5.2. EXCLUSION OF ALL OTHER LIABILITIES
5.2.1. The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.
5.2.2. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
– All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
– Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time;
– Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.2.3. We will not be liable to you where we are unable to fulfill any of our obligations to you as a result of circumstances beyond our control.
5.2.4. We will not be liable to you for actions taken in response to breaches of our terms of use.
5.2.5. The foregoing limitations do not apply to any liabilities which may not lawfully be excluded or limited including any liability for death or personal injury resulting from our negligence.
6. PLACE OF SALE, JURISDICTION AND APPLICABLE LAW
6.1. PLACE OF SALE
The place of sale for all transactions conducted on this Site is the HongKong.
6.2. GOVERNING LAW
These terms are governed by the law of the HongKong and all Contracts made with us for the purchase of Products will be governed by the law of the HongKong.
6.3. JURISDICTION
The courts of the Netherlands will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site and any dispute arising from, or related to, Contracts for the purchase of Products from our Site. However, we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
7. GENERAL
7.1. VARIATIONS
We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our Site.
7.2. YOUR CONCERNS
If you have any concerns about material which appears on our Site, please contact [email protected]
Thank you for visiting www.branclear.com