Privacy and Security Policy

These Terms of Use are not intended to, and will not, govern Eyefinity's treatment of information constituting Protected Health Information ("PHI"), as that term is defined in privacy regulations issued by the United States Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). The treatment of PHI will be governed entirely by the applicable Business Associate Agreement between your practice and Eyefinity. Any reference to "information," "Personal Information" or "personally identifiable information" in these Terms of Use expressly excludes PHI.

Our primary purpose in collecting personally identifiable information about you or your practice (such as name, address, phone number, or e-mail address) ("Personal Information") is to allow us to communicate with you as part of our services and facilitate transactions (such as submission of claims via eInsurance or purchases via our eBuy online catalogs) using the Site. We may also use this information to help us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier and more efficient. We only collect Personal Information about you that we consider necessary for achieving these purposes.

Furthermore, we use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and customize features. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a cookie. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. All cookies that we use are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to re-enter your password more frequently during a session.

If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you.

We use Personal Information about you and your practice to facilitate the services you request. We may also use this Personal Information in the file we maintain about your practice, and other information we obtain from your current and past activities on the Site to, among other things: resolve disputes; troubleshoot problems; collect fees owed; measure interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud, and other criminal activity; enforce our Terms of Use; improve our content and product offerings, and customize the Site's content, layout and services; and as otherwise described to you at the time of collection. You agree that we may use Personal Information about you and your practice for all of these purposes.

You agree that we may use your Personal Information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the Terms of Use and Privacy Policy, you expressly agree to receive this information. Out of respect for your privacy, we give you the option not to receive these types of communications. If you do not wish to receive such information, you may opt-out by replying to a promotional email as instructed in the message.

As a matter of policy, we do not sell or rent any of your Personal Information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of providing our services.

Advertisers. We aggregate (gather up data across all ECP accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you or your patients personally without your explicit consent.

Eyefinity Community. If you choose to create a hosted web site using the eWeb function on the Site, all information that you choose to post will be available to the public using the "Consumer" portal to the Site. There is no requirement of registration or any other restriction to members of the public visiting the "Consumer" portal to the Site.

Carriers and Eyefinity Partners and Service Providers. There are a number of services offered by third parties that may be complementary to your use of the Site, for example, insurance carriers on eInsurance, vendors on eBuy, and lab operators on eLab ("External Providers"). If you choose to use these services, the Site will serve as a conduit between you and the External Providers for any Personal Information you provide via the Site for the purpose of using such services. The use of such information, as well as any information you provide directly to External Providers, is governed by their privacy policies. To prevent our disclosure of your Personal Information to an External Provider, you can simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.

Other Corporate Entities. We may sell, transfer, or otherwise disclose some or all of your Personal Information to another business entity in the event of a corporate merger, consolidation, or the sale of substantially all of our assets.

Legal Requests. Eyefinity cooperates with law enforcement inquiries, as well as other third parties, to enforce laws and help protect you and the Eyefinity community from bad actors. At times we may be required by law or legal process to disclose Personal Information about you or your practice. We may also disclose information about you or your practice if we believe that disclosure is in the public interest.

Due to the existing regulatory and technological environment, we cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in these Terms of Use. By way of example, we may be forced to disclose Personal Information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse Personal Information about you or your practice that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your Personal Information or private communications will always remain private.

You are responsible for all actions taken with your User ID and password, including fees charged to your account. Therefore we do not recommend that you disclose your Eyefinity User ID or password to any third parties. If you choose to share your User ID and password or your Personal Information with third parties, you are responsible for all actions taken with your account and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in Section 7.

We offer you the ability to automatically review and change the information you submit to us, including your password, by logging into the Site and entering in the new information yourself or, where prompted, by contacting Eyefinity Customer Care. You must promptly update your personal information if it changes or is inaccurate.

Except as otherwise expressly included in these Terms of Use, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are External Providers on the Site or other sites accessed via Eyefinity, different rules or policies apply to their use or disclosure of the information you disclose to them. Since Eyefinity does not control the privacy policies of third parties, you are responsible for understanding the privacy policies of these third parties. Eyefinity is not responsible for the privacy policies of these websites. We encourage you to ask questions before you disclose your Personal Information to others.

Only licensed and authorized practitioners can register to access the "Eye Care Providers" portal on the Site. All such users must have a User ID and password issued by the Eyefinity Customer Care Department. Your information is stored on Eyefinity's servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls," and Secure Socket Layer security. However, "perfect security" does not exist on the Internet.

We may amend These Terms of Use at any time by posting the amended terms on the Site. If any material changes are made to these Terms of Use, we will notify you by posting an announcement on our homepage. By using the Site after such amendment, you agree to the terms of the amended Privacy Policy.