Privacy Policy

This privacy policy (as amended from time to time, the “Privacy Policy”) describes our policies and procedures on the collection, use and disclosure of data obtained through your access to and use of the services available on the Application (the “Application”) operated by EYEFITU AG, Geissbüelstrasse 3, 8704 Herrliberg/Zurich, Switzerland (“EYEFITU”). The use of the Application is governed by the Terms of Use. EYEFITU prepared this Privacy Policy to demonstrate our commitment to ensuring the privacy and security of the data that you share with us in accordance with our obligations under the applicable laws, rules and regulations. By accessing the Application or using our services you agree to accept and be bound by the current version of this Privacy Policy. In case you do not agree to the current version of this Privacy Policy, you are not authorized to continue accessing the Application or using our services.

In order to create or reconfigure an account, you are expected to provide personal data, such as your name, age, gender, height, weight, body measurements, sizing preferences (the “Data”) enabling EYEFITU to provide you with sizing recommendations (the “Information”). The Data is stored locally on the Device you use to access the Application and is subject to the Privacy Policies of your Device and Network Service Providers. We do not store any of your personal Data or Information on our servers.

The concept of the Application includes the sharing of the Data and Information via the Application to other users or third parties. You decide yourself which Data and Information shall be shared with others. Please note that due to the sharing option, your Data and Information may be made available to other persons through your friends.

Upon request by email to privacy@eyefitu.com or mail to Geissbüelstrasse 3, 8704 Herrliberg/Zurich, Switzerland, we will notify you further details on our data security. Any exceptions provided by statutory law and the predominant interests of EYEFITU or any third parties shall be reserved.

You can delete your EYEFITU account anytime. The Data and Information will be deleted and cannot be recovered.

We maintain appropriate physical, electronic and procedural safeguards to protect our System, including firewalls, individual passwords and encryption and authentication technology, and take all other necessary and adequate administrative, organizational, technical, personnel and physical measures to safeguard the same against unauthorized or unlawful processing and use, accidental loss or destruction or damage, theft, disclosure or modification and to ensure its integrity. Please note, however, that data transported over an open network, such as the Internet or email, may be accessible to anybody. We cannot guarantee, and are not responsible for, the confidentiality of any communication or information transmitted via such open networks. When disclosing any Data via an open network, you should consider that it is potentially accessible to others, and consequently, may be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. Even if both the sender and recipient are located in the same country, data may be transmitted via such networks to other countries regularly and without controls, including countries that do not afford the same level of data protection as Switzerland. Your Data and Information may be lost during transmission or may be accessed by unauthorised parties. We do not accept any liability for direct or indirect losses as regards the security of the Data and Information during its transfer via Internet.

EYEFITU will not use your personal Data for marketing purposes, including the distribution of promotion emails, and will not sell, rent or otherwise make available any Data submitted by users to any third parties without the relevant user’s consent, unless allowed under this Privacy Policy or required by law.

You authorise EYEFITU to de-identify your Data and subsequently to copy, process, use, publicly disclose and distribute the Data in anonymized form for academic and statistical purposes. Such anonymized Data shall no longer be considered as “personal data”.

You authorise EYEFITU to receive, review and store technical data (including crash reports) retrieved from the devices you are using to access the Application.

We reserve the right to disclose Data to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of EYEFITU, its users and the public.

Please note that EYEFITU uses encryption software that may be subject to export control regulations.

The Application may contain links to Applications or materials that are not operated by EYEFITU. Such other Applications are not subject to this Privacy Policy and EYEFITU is not responsible in any way for the content or accuracy of such Applications or for the policies applied to the treatment of personal data and information. Connecting to or otherwise accessing such Applications is at your own risk. We recommend that you read the policies used by these Applications, and check how these Applications protect your personal data and information and whether they are trustworthy.

This Privacy Policy shall in all respects be governed by Swiss substantive law. Any dispute arising out of or in connection with this Privacy Policy shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

We may revise this Privacy Policy from time to time. The most current version will be available at our Application (www.eyefitu.com). The revised Privacy Policy shall become effective from the date of its publication on the Application. By continuing to access the Application after those revisions become effective, you agree to and accept to be bound by the revised Privacy Policy.

Version: December 19th, 2014

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