Privacy Policy

We take the protection of your personal data very seriously and work hard to make sure our services are safe for you to use. We are committed to complying with statutory data protection requirements.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website.

1. Area of Applicability

This policy applies to visitors of our website available at https://www.eyetime.com

The party responsible (here referred as controller) for the collecting, processing and controlling of your personal data per Art. 4 Nr 7 of the EU General Data Protection Regulation (GDPR) is:

eyetime International Limited
40 Bank Street
London

E14 5NR

United Kingdom

E-Mail:help@eyetime.com

You have the right to revoke your consent to the use of your personal data used on this website in the future at any time without having to provide any reasons. By withdrawing your approval, your data may no longer be used. Please inform us in writing of your wish to withdraw approval (by post or e-mail).
 
Data Protection Officer
Peter Oskar Miller
HXS GmbH
Millergasse 3
1060 Vienna, Austria
 
Rights of users and data subjects
In compliance with the data processed by us, users and data subjects have the following rights:

• Right of access: the right to obtain the confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and further information about the nature of the processed data (c.f. also Art 15 GDPR)
• Right to rectification: the right to obtain rectification of inaccurate or incomplete personal data (c.f. also Art 16 GDPR)
• Right to erasure: the right to obtain immediately deletion of the users personal data and the obligation of the controller to erase the users personal data if they are no longer needed, if the subject withdraws consent or if the data have been unlawfully processed (c.f. also Art 17 GDPR)
• Right to data portability: the right to receive the collected personal data which he or she has provided the controller? in a structured machine readable format and the right to transmit those data to another controller (c.f. also Art 20 GDPR)
• Right to lodge a complaint: right to lodge a complaint with a supervisory authority if the subject considers that the processing of personal data of him or her infringes the data protection provisions (c.f. also Art 77 GDPR)

In the course of further website development to improve our services, it may occur that supplements to this Data Protection Declaration are necessary.

 
Collected data
We collect and use the following data to provide our service

• Device information: We collect information from and about the devices you use to enter the website and use our service which includes your IP- adresses, information about the browser and type of device you use, the webpage you visited before you came to our website, depending on the settings of your device, your device may also transmit location information.

 
Data Protection
To protect the security of your information while you are visiting our website we are using Secure Sockets Layer (SSL) software, which encrypts the information you input.

To protect your information and data in compliance with the Data Protection Declaration we perform organizational and technical security measurements in compliance with Art 32 GDPR which we always keep up to date.

 
Web Tracking
Our website use the following tools to track your behaviour on our website and to improve our web services:

5.1 JavaScript

We use JavaScript to track your user behaviour on our website to be able to tailor our web services to the needs of our users. We determine your browser type, location, time and duration of your use, URL and page name, as well as the referring website. You can refuse the collection of this data by deactivating JavaScript directly from your web browser.

• Google Analytics

This is a web analytics tool from Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043 USA, herein after referred to as “Google”, to log your online activity on our website, to find out how many users visit us and to record the number of times they access each page. This process is anonymous. Google Analytics’ cookies (_gat_UA-113558848-1: Google Analytics Universal Tracking, _ga: Google Analytics Universal Tracking, _gid:Google Analytics Universal Tracking) including the Google Analytics Tool “Anonymous IP Address” and usage data ? are typically sent to a Google server in the United States and stored there. For further information, please refer to https://support.google.com/analytics/answer/6004245?hl=de. To stop your data from being logged, please visit Google Analytics at https://tools.google.com/dlpage/gaoptout?hl=de.

• Google AdWords

This is used to record website visits for advertising purposes (re-marketing) on Google and in the Display Network. When you visit the site, your browser saves cookies (DIE: Google AdWords Cookie) which make it possible to recognise you as a visitor when you visit other websites belonging to Google’s advertising network. On these pages, visitors can then be presented with advertisements that refer to the content previously viewed on other websites that use Google’s re-marketing feature. You can reject Google AdWords’ tracking at http://www.google.com/settings/ads.

• Conversion Tracking by Google AdWords

This is how we create conversion statistics that measure the effectiveness of our online advertising campaigns. The conversion tracking cookie (IDE: Google AdWords Cookie) is set when a user clicks on an ad served by Google. According to Google’s privacy policy, no personally identifiable information is processed. If you do not want to be tracked, you can disable the Google Conversion tracking cookie through your Internet browser’s internet settings.

By using our website, you agree that the above tools may be used. Some of our business partners may use cookies on our site. However, we have no access to or control over these cookies.

• Conversion measurement with the Facebook pixel

We use the “Facebook-Pixel” by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) within it’s website with your consent. This is a cookie (Facebook Cookie for the opt-out identification) ; a small text file that is stored on your computer which can be retrieved. It can be used to track users’ actions after they have viewed or clicked on a Facebook ad. This enables us to track the effectiveness of Facebook advertising for statistical and market research purposes. The data collected in this way is anonymous for us, so it does not provide any inference as to the identity of the users. However, the Facebook data is stored and processed so that a connection to the respective user profile can be made, and Facebook can use the data for its own advertising purposes, according to the Facebook Data Usage Guideline (https://www.facebook.com/about/privacy/). You can enable Facebook and its partners to place advertising on and outside of Facebook. A cookie for these purposes can also be stored on your computer. By using the website, you agree to the use of the visitor action pixel.

You can revoke your consent to use the visitor action pixel at any time. Please inform us in writing of your wish to withdraw approval (by post or e-mail).

 
Sharing
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
 
The website includes share buttons of the social networks, Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, and Instagram, 1601 South California Avenue, Palo Alto, CA 94304, USA.. The share buttons can be recognised by their respective logos.
 
All share buttons are set up according to data protection. A direct connection is only established between your browser and the server of the operator of the respective social network once you click on the website’s respective share button (and only then). According to the operators of the social networks mentioned, no personal data is collected from the social networks unless you click on the respective share button. This data, including the IP address, is only collected and processed for logged-in Members If you do not wish to have a record of your visit to our website allocated to your social network account, please log out of the user account of the respective social network.
 
At this point, we point out that as a provider of the website, we obtain no knowledge of the content of the transmitted data or how the social networks use it. For more information on the use of social networks, see the respective social network’s privacy policy.
 
Please also use this contact information for any questions regarding the use of your data as well as to update or correct your data.

• Information you give us when you register to use the App, make a payment on the App, and when you report a problem with the App. The information you give us may include your name, address, e-mail address and phone number, and personal description.
• Location data (where activated and you have agreed to this on your mobile device).
• If you provide feedback in relation to your use of the App, we will process such information for analysis and statistical purposes.
• If you contact us, we may keep a record of that correspondence.
• With regard to your use of the App we will automatically collect information about your mobile device, including, where available, your device ID, and operating system, for system administration and to analyse statistical data about our users? actions and patterns, and does not identify any individual.

• to carry out our obligations arising from the contract entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other services that we offer that are similar to those that you have already purchased or enquired about;
• to notify you about changes to our service;
• to ensure that content from the App is presented in the most effective manner for you and for your device.

• to administer the App and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve the App to ensure that content is presented in the most effective manner for you and for your device; and
• as part of our efforts to keep the App safe and secure.

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If eyetime or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation.

• access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
• require us to correct any mistakes in your information which we hold
• require the erasure of personal information concerning you in certain situations
• receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• object at any time to processing of personal information concerning you for direct marketing
• object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• object in certain other situations to our continued processing of your personal information
• otherwise restrict our processing of your personal information in certain circumstances

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DELETE THE APP.

These terms and conditions (the “Terms“) (together with the documents referred to in it) tell you the terms on which you may make use of our mobile app called “eyetime” (the “App“).

Please read these Terms carefully before you start to use the App, as these will apply to your use of the App. By using the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the App.

The App is owned and operated by eyetime International Limited, a company registered in England and Wales under number 11138453 with its registered office at 5th Floor, 10 Finsbury Square, London, United Kingdom, EC2A 1AF (“eyetime“, “we“, “our“, and “us“).

1. INTRODUCTION
   1. These Terms constitute the agreement between you and us for the use of the App and the contents and services available through it.

1. 1. We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the App and, where appropriate, notified to you by text. Please review this page frequently to see any updates or changes to these Terms.
   2. If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.
   3. If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
   4. If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity.
   5. All legal notices in relation to the App or these Terms should be given in writing and addressed to legal@eyetime.com.

2. USING THE APP
   1. The App is made available free of charge.
   2. You acknowledge that use of the App is dependent on you being able to receive data via Wifi or 3G or 4G. You are responsible for making all necessary payments including in respect of internet and network connections. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of the App.

1. 1. The App is still under development and testing. We provide the App on an “as is” and “as available” basis with all faults. We do not guarantee that the App, or any content on them, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. You agree that your use of the App is at your own risk. We will not be liable to you if for any reason any of the App is unavailable at any time or for any period.
   2. You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
   3. If you download the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

3. YOUR ACCOUNT AND PASSWORD
   1. You must be 16 years or older to be eligible to register with us, and to use the App. By using the App, you represent and warrant that you are 16 years or older.

1. 1. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
   2. You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.
   3. You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
   4. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
   5. You acknowledge that we may, at any time and at our sole discretion, request that you re-register with the App.

4. YOUR PRIVACY
   1. Our Privacy Policy will also apply to your use of the App. This policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the App, you consent to such processing and you assure us that all data provided by you is accurate.

1. 1. By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our services to you.
   2. Certain functions on the App will make use of location data sent from your devices to provide and improve location-based products and services. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these functions, you consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries.

5. ACCEPTABLE USE RESTRICTIONS
   1. You must:

1. 1. 1. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
      2. not post any material that depicts or encourages violence, or that is pornographic, obscene, hateful, offensive or otherwise objectionable;
      3. not use the App to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person;
      4. not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
      5. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      6. not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any Service.

6. MAKING PAYMENTS WITH THE APP
   1. In order to pay a bill using the App, you will need to enter your debit or credit card information. You acknowledge that payment processing services are provided by a third party payment processor.

1. 1. You warrant that you have appropriate authority to use the payment card details which you input. By inputting your debit or credit card information, you agree to use of that information by our third party payment processor for the purpose of paying your bill and processing your payment.
   2. We do not store your payment card details on our systems, although we retain some of the digits. This enables you to identify your appropriate payment card on subsequent occasions and on your payment receipt. You may add and remove payment cards from the App at any time.
   3. You acknowledge that, while the contract for the provision of any goods or services or digital content purchased over the App is between you and the relevant supplier, the supplier has authorised us to collect payment on its behalf. In the event of any claim or dispute between you and the supplier, while we shall have no liability to you in respect of any such claim or dispute, you may contact us and we shall use our reasonable endeavours to assist in resolving the claim or dispute with the supplier.
   4. Following making a payment using the App, we shall email you a copy of your receipt. You acknowledge that charges incurred through the App will show as “eyetime” on your payment card statement.
   5. In the event that your payment card is lost or stolen you agree that it is your responsibility to contact the applicable card company in order to cancel your payment card as soon as reasonably possible following such loss or theft.

7. UPDATES TO THE APP
   1. From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

1. 1. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

8. USER CONTENT
   1. You are solely responsible for any data, text, images, graphics, audio and video, and other content (” Content“) that you submit, post or display on or via the App. We do not claim ownership of any Content and you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use and publish the Content for the purposes of the App.

1. 1. You agree that we are not responsible for, and do not endorse, Content posted on the App and that we do not have any obligation to monitor, edit, or remove any Content.

9. Promoting Competitions
   1. Communicating a Competition
      1. If you use eyetime to communicate or administer a competition, you are responsible for the lawful operation of that competition, including:
         1. The official rules (Terms and Condititions) ;
         2. Offer terms and eligibility requirements such as age restrictions and residency limitations
         3. Compliance with applicable rules and regulations governing the promotion and all prizes offered
      2. Required Content
         1. Promotions on eyetime must include a complete release of Facebook by each entrant or participant
      3. Assisting Competitions
         1. eyetime will not assist you in the administration of your promotion, and you agree that if you use eyetime to organise a competition, you do so at your own risk.

10. INTELLECTUAL PROPERTY RIGHTS AND USE OF THE APP
    1. We grant you a non-exclusive, non-transferable licence to install and use a copy of the App on your mobile device for the purposes of the services offered by the App only.

1. 1. We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it save for Content (as defined in clause 8) upload by you and other users. Those works are protected by copyright, trade marks, database right and other intellectual property rights. All such rights are reserved. You may not without our prior written consent (except to the extent required in order to use the App in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayer or performed on the App or systematically extract such content or in any way use or exploit commercial any such content.

11. DISCLAIMER
    1. We do not guarantee that the App, or any content on it, will be free from errors or omissions.

1. 1. To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that the App and any content available through it are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.

12. LIMITATION OF OUR LIABILITY
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

1. 1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
   2. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   3. Limitations to the App. The App is provided for general information, social networking and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
   4. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
   5. Check that the App is suitable for you. The App have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site and in the documentation) meet your requirements.
   6. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
   7. In any event, our maximum aggregate liability to you in respect of the App shall be limited to ?50.
   8. We assume no responsibility for the content of websites linked on the App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

13. VIRUSES
    1. We do not guarantee that the App will be secure or free from bugs or viruses.

1. 1. You are responsible for configuring your information technology, computer programmes and platform in order to use the App. You should use your own virus protection software.
   2. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App.

14. THIRD PARTY LINKS
    1. Where the App contain links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or the performance of the services. Your dealings with, and interest in, services, merchants or promotions found on or via the App is solely between you and the person with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. APPLICABLE LAW
    1. These Terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16. CONTACT US
    1. Questions, comments and requests regarding these Terms should be sent by email to help@eyetime.com.

Last Updated: 19-May-18