PRIVACY NOTICE
This Privacy Notice is incorporated into Our Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.
Ultimate Spectacle, Inc. respects Your privacy. This Privacy Notice (“Privacy Notice”), describes what information We collect from or about You, how it is used, and what choices You may have regarding your information in connection with Our Website, located at www.ultimatespectacle.com, or any other Ultimate Spectacle related website, webpage, application, social media, or other Internet, mobile, or wireless offerings no matter how accessed (collectively “Website”) that provide a link to this Privacy Notice or Ultimate Spectacle’s Terms of Use. This Privacy Notice applies to any individual in the United States regardless of the individual’s state of residency, who visits the Ultimate Spectacle Website or related content or receives Ultimate Spectacle’s products or services through the Website.
Some information that You provide to Us may be considered “individually identifiable health information” and be subject to additional terms under the Health Insurance Portability and Accountability Act of 1996 (“HIPPA”). Please read our Notice of Privacy Practices Under HIPAA by clicking here.
Please read this Privacy Notice in its entirety. By using the Website, you are consenting to the practices described in this Privacy Policy and agree to be bound thereby. If you do not agree with the terms of the Privacy Policy, please do not use the Website.
PERSONAL INFORMATION THAT WE COLLECT
Types of Information: Ultimate Spectacle may collect Your personal information in connection with Your access to, use of, or Your submissions to the Website and Your consideration or purchase of any Products or Services offered by Ultimate Spectacle in connection with the Website. For example, We may collect personal information about You, such as:
- Your name, mailing address, email address, telephone number and, under some circumstances, Your date of birth
- Information that You share as a result of Your public participation in the Website.
- Your IP address and information about Your browsing, search history and navigation on, to and from the Website.
We may also obtain additional information about You that may or may not be directly linkable to You. Examples include, but are not limited to, aggregate information, analytics information using cookie IDs, advertising segment information, advertising IDs/cookie or device information.
Sources of Information: Ultimate Spectacle collects information about You from a variety of sources, including:
- Directly from you: for example, when You create or access your Ultimate Spectacle User Account; purchase Products and Services from our Website; communicate with Us by email, phone or SMS text, such as in connection Your purchases, The Website, or Your Products and Services experiences; when You complete webforms; when You participate in surveys, reviews, sweepstakes or contests that may be available by Ultimate Spectacle or its partners or affiliates from time to time; or when You submit content for publication on The Website, such as for blogs, social media pages, product review pages, community events, etc.
- Indirectly from you: for example, by observing your actions on our Website, or through information we collect while providing Products or Services
- Directly and indirectly from your activity on the Website: for example, through Website portal or Website usage details that are collected automatically or through your inquiries or submissions on the Website
- From third parties:9 for example, from professionals that You authorize to provide Us with prescription information in order to complete Your purchases; third parties that assist Ultimate Spectacle to provide customer service or maintain The Website.
HOW WE USE THE INFORMATION WE COLLECT
Ultimate Spectacle may use personal information for a variety of Ultimate Spectacle’s business purposes and to the extent and manner permitted by law:
- To fulfill or meet the reason for which the information is provided. For example, to process Your payment and facilitate delivery of Products and Services, including order selection, processing, returns and/or renewals; to fulfil Your Order selection based on the information You provide to us, such as, regarding Your prescription, Pupillary Distance, preferences, etc.; to respond to Your questions or communications regarding Ultimate Spectacle, Our Products and Services, and Your Ultimate Spectacle account; to communicate with You regarding any changes to your account; and to otherwise process customer service functions;
- To provide You with communications regarding any changes to Ultimate Spectacle policies or account management procedures, notices, or terms of use; information on new products or services or updates; promotions and special offers regarding Ultimate Spectacle, Our Products and Services, The Website or programs, or Our partners’ or affiliates’ products, services or programs that may interest you;
- To carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing and collections;
- To publish content on the Website, under some circumstances, such as when Ultimate Spectacle publishes testimonial comments or enables public participation forum by Users on the Website;
- To personalize Your Website experience and to deliver content and service offerings relevant to Your interests including via email or text message (with your consent, where required by law);
- To help maintain the safety, security, and integrity of our Website, services, databases and other technology assets, and business on behalf of Ultimate Spectacle and its Users;
- To investigate or prevent a violation of any individual’s contractual or other relationship with Ultimate Spectacle or where Ultimate Spectacle has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Ultimate Spectacle, its Users or the public, or to prevent or respond to any illegal, fraudulent or harmful activity;
- For testing, research, analysis, and product development, including to develop and improve our Website, Products and Services, and Your experience with the Website, Products and Services;
- For marketing Ultimate Spectacle Products and Services or Programs, including providing You, (via alerts, banner ads, postal mail, event registration, email and other notices) with information about offers, programs, products and services that Ultimate Spectacle believes may be of interest to You;
- At the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, or to establish, protect or exercise Ultimate Spectacle legal or other rights, to defend against a legal claim or as otherwise allowed by law or regulation;
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Users is among the assets transferred.
HOW WE SHARE INFORMATION
Ultimate Spectacle does not sell Your personal information, personal health information or sensitive information to nonaffiliated third parties for their business purposes, nor do we share information, except as permitted by law, as described in this Privacy Policy or otherwise with Your consent.
Ultimate Spectacle may share information about You to third parties for Ultimate Spectacle’s business purpose, such as with agents, contractors, service providers or affiliates who help Us operate the Website, assist with Ultimate Spectacle’s marketing, conduct business on Our behalf, or help Us complete a service You requested, such as processing your credit card payment or delivery of Products that You ordered. When We share information for a business purpose, We do so only to the extent required for Our business purpose and only as permitted by relevant law. We may also share personal information with third parties if you have directed and authorized Us to do so in connection with the Products and Services that Ultimate Spectacle provides to You.
Ultimate Spectacle may share personal information when required to do so by Federal or State enforcement officials, when state or federal law requires Us to do so (such as to comply with an inquiry from law enforcement officials), when ordered by a court or by other compulsory legal process or when We believe, in good faith, it is necessary for us to comply with its legal obligations or to investigate or prevent suspected illegal activities or fraud.
COOKIES, IP ADDRESSES and OTHER TECHNOLOGY
Browser Cookies: “Cookies” are small pieces of information that are stored by Your browser on Your computer’s hard drive. By placing a “cookie”, the web servers operated by Ultimate Spectacle and Our third-party service providers can remember and distinguish Your web browser over time. We use “cookies” for a variety of functions, such as authentication, other types of security, User logins, to enable collection of analytics information, to market Our Products to You, to optimize Our Website, and to personalize and customize Your experience with the Website. As one example, cookies enable Us to remember information You gave to Us so that you don’t have to reenter it each time You visit, such as in regard to Your account information, purchase history, and preferences. If You do not wish to permit “cookies” to be placed by Us, You should turn off or disable cookies on your browser or device. However, disabling cookies will also prevent the Website from being fully functional.
IP Addresses: Ultimate Spectacle maintains internal logs for Internal Protocol (IP) addresses. An IP address is a number that is automatically assigned to Your computer each time You access the Internet. Your IP address does not contain personally identifiable information. Ultimate Spectacle or its third-party service providers may collect IP addresses in order to conduct system administration, report aggregate information, conduct site analysis, and to detect improper use of the site. We sometimes use IP addresses to identify the general location of Your computer based on publicly available and third-party information. We may use IP addresses to market to You through internet marketing, mail or call campaigns, or online targeted, interest-based advertising.
Other Technical Information We Collect: In addition to using browser cookies to remember Your browser, Ultimate Spectacle also may use other technologies such as pixels, local shared objects (such as “Flash cookies”), and HTML5 local storage to collect information and remember your device. Some of the technical information We collect is the type of browser You use (such as Google Chrome, Internet Edge, Safari or Firefox), Your Internet protocol (“IP”) address, the name of Your Internet Service Provider (“ISP”), the version of Your operating system, the dimensions and resolution of your display, Your referrer URL (which is the URL for the website that you were viewing prior to visiting the Website), how You were directed to the Website, which specific pages You access on the Website, how long You view each page, the time and date You access our Website, and any other interaction You have with the Website or Ultimate Spectacle. Most, if not all this information is collected by third party service providers who assist Ultimate Spectacle in the operation and maintenance of its Website and to server its Users.
Your Options: Most popular Internet browser applications will allow You to configure the browser so as not to accept cookies. However, setting Your browser to reject cookies may, in certain instances, prevent You from taking full advantage of the Website and its capabilities, or cause some features of the Website to function improperly, slowly or not at all.
As noted, the Website also uses various third-party services, such as including Google Analytics Privacy Policy. You can consult the Google Analytics Terms of Use and the for more information on how Google Analytics uses the data it collects. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Website to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the Website, please review “How Google Uses Information From Sites or Apps That Use Our Services.” If You would like additional information regarding the security and privacy practices of Google Analytics, and how You may manage privacy settings, please review the materials provided by Google here.
E-MAILS
Ultimate Spectacle uses e-mail forms to allow Users to ask questions about Ultimate Spectacle, and Our Products, Services or Promotional Programs. We regularly send email order confirmations and email order updates to You after You have submitted an order. We may also send email promotions to You after you have submitted an order or filled out a form on the Website. You may opt-out of receiving future email promotions by clicking on the link provided in each email for that purpose.
While We make reasonable efforts to protect the personal information that You share with us, it is important to note that such e-mail messages are unsecured. Please consider the information You chose to include in any email You send. Should you choose to send your information via e-mail, You do so at your own risk. We recommend that if your communication is sensitive or contains personal information, You may want to send it another way.
If You choose to correspond with Us via e-mail, We reserve the right (but not the obligation) to retain the content of Your email messages as well as Your e-mail address or other personal information, and Our responses.
PERSONAL INFORMATION PROVIDED AS PART OF USER CONTENT
On occasion and under certain circumstances, Ultimate Spectacle may, in its sole discretion, offer Users the opportunity to submit content to the Website, such as questions and endorsements regarding Ultimate Spectacle or Products and Service, general discussions of vision and eye care, eyewear and wellbeing, and other communications with the Ultimate Spectacle Website community. You should consider what information You chose to share in the content that You submit. If You include personal, health or sensitive information in the content that You provide to Ultimate Spectacle for public postings to the Website, including any bulletin boards, forum posts, etc., such information may be made available to anyone using the Website. Your contact information (which may include, without limitation, Your Account Information such as Your email address) may be included with any content that You post via the Website. Ultimate Spectacle does not edit or otherwise remove such information from User content before it is posted on the Website. If You do not wish to have Your information made available in this manner, You must remove any such information from the content before posting. Ultimate Spectacle is not liable for any damages caused or incurred due to information that You have made available in the foregoing manner.
LINKS TO OTHER WEBSITES
The Website may contain links to non- Ultimate Spectacle websites. Links to other websites are provided to You for information and convenience only and do not constitute an endorsement or recommendation by Ultimate Spectacle. We are not responsible for, and this Privacy Notice does not apply to, the privacy practices of those websites or of any companies that We do not own or control. We make no representations or warranties regarding the correctness, accuracy, performance, security, privacy or quality of any content, software, service, or application found at any Linked Site. We encourage You to seek out and read the privacy policy and terms of use of each website that you visit.
SECURITY
Ultimate Spectacle takes commercially reasonable precautions to protect the security of your personal information. We store personal information, personal financial information and other sensitive information in a secure manner and transmit it via a secure internet channel. However, no security measures are perfect or impenetrable, and Ultimate Spectacle cannot guarantee that the information submitted to, maintained on or transmitted from its systems will always be secure. Ultimate Spectacle is not responsible for the circumvention of any privacy settings or security measures contained on the Website by any Users or third parties.
YOUR CHOICES ABOUT YOUR PERSONAL INFORMATION
Inquiries concerning the collection and deletion of Your personal information.
We understand that You may have certain questions about Ultimate Spectacle’s access and use of information that We have collected. Under some circumstances, You may be able to opt-out of Our continued collection or use of Your personal information, and/or seek access to or deletion of personal information that We have collected about You in the past.
There are circumstances when Ultimate Spectacle will not be able to comply with such requests. For example, We may deny a request if We determine, in good faith, that We should not comply because: to do so would violate or conflict with Ultimate Spectacle’s legal obligations, including, but not limited to, legal obligations as to the preservation and non-disclosure of financial, medical or personal health information; the information is the privileged, proprietary or confidential information of Ultimate Spectacle or someone other than the person making the request; the identity or authority of the person making the request cannot be confirmed; compliance with the request would compromise the privacy or legal rights of others; the burden or expense of responding would be disproportionate to the requesting individual’s privacy risk; the information is commercially necessary for Us to complete transactions or provide products or services that the User requested; or to do so would impede Ultimate Spectacle’s detection, correction or prevention of any security incident, intentional or non-intentional interference with the Website, products or services.
Additionally, under some circumstances, even if You opt-out, non-personal information regarding your activities on the Website, and/or information from third-party websites for non-interest-based advertising purposes may be collected and used to determine the effectiveness of the advertisements.
If You have any questions or concerns about Ultimate Spectacle’s collection or use of Your personal information, wish to opt-out of further collection of Your personal information or request deletion of personal information presently in Our possession, please contact Us using one of the methods set forth below. Upon receiving Your request, We will endeavor to respond to request in a commercially reasonable time.
Please contact us:
Email: help@ultimatespectacle.com
US Mail: Ultimate Spectacle
Attn: Customer Privacy
100 Quentin Roosevelt Blvd | Suite 400
Garden City, NY 11530
Telephone: 516-599-5500
Opt-out of specific phone, email, text, or marketing offers.
In accordance with Your prior experience with Ultimate Spectacle, including in some cases, the permission You have given Us, Ultimate Spectacle may use a variety of means, such as phone, email, or text, to communicate with You regarding Ultimate Spectacle’s marketing offers and/or the marketing offers of Our partners or others that may be of interest to You.
If You do not wish to receive phone, mail, SMS text. or email marketing offers, You may request that we remove your name from our internal email, direct mail, or internal telemarketing lists.
Please contact us:
Email: help@ultimatespectacle.com
US Mail: Ultimate Spectacle
Attn: Customer Privacy
100 Quentin Roosevelt Blvd | Suite 400
Garden City, NY 11530
Telephone: 516-599-5500
If You no longer would like to receive special offer information or other promotional messages from Us, via email, You may click the link at the bottom of any email You receive from Us and follow the instructions. Your email address will be removed from Our marketing list. However, Ultimate Spectacle, may continue to communicate with you concerning Your Ultimate Spectacle’s, Products and Services, delivery, billing, renewal and other matters. Please allow us a commercially reasonable period of time in order to satisfy your request, as some promotions may already be in process.
CHILDREN
The Website is intended for a general audience. We do not knowingly collect information about children or sell products or services to children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 16. If you are under the age of 16, please do not use the Website.
GOVERNING LAW
Unless otherwise noted, this Privacy Notice and use of Ultimate Spectacle’s, Website, or Products or Service shall be governed by and construed in accordance with the laws of the State of New York, United States of America. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions and shall not affect the validity of the other provisions.
HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
Ultimate Spectacle, is required by California and Delaware law to tell Users whether it honors “Do Not Track” settings in your browser concerning targeted advertising. Ultimate Spectacle, does not respond to ”Do Not Track” signals in your browser, as there is no consensus as to what “Do Not Track” means and We have no way to determine whether partners, affiliates, third party service provides or others can or will honor a Do Not Track signal in your browser while they track your browsing activities in order to serve you content that is tailored to your interests.
NOTICE TO CALIFORNIA RESIDENTS
If You are a California resident that is visiting the Website, You may be aware that, under certain circumstances, not presently applicable to Ultimate Spectacle,, You may be entitled to additional disclosures or to exercise different privacy rights under applicable California law. As a condition of Your access or use any portion of the Website, You understand and agree that the Website, Products and Services are NOT governed by California law and agree to the terms set forth in this Privacy Notice.
VISITING THE WEBSITE FROM OUTSIDE THE UNITED STATES
If You are visiting the Website from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States. The data protection, privacy and other laws of the United States and other countries might not be as comprehensive as those in your country. By using any portion of the Website, You understand and consent to the transfer of your information to our facilities in the United States and to those third parties with whom We share it as described in this Privacy Notice.
CHANGES TO OUR PRIVACY POLICY
We update or change this Privacy Notice at any time and from time to time.
We reserve the right to update, change, modify, add, delete, revise or replace any part of this Privacy Notice at any time. The most recent version of the Privacy Notice and its effective date is reflected by the version and date located at the top of this Privacy Notice. Any update or change will automatically govern Your use of the Website 30 days after it is posted on the Website, unless otherwise noted. We recommend that You regularly check the Terms of Use when visiting the Website, or ordering any Products or Services, as these Terms of Use may have changed since you last did so. Your continued use of The Website, including the purchase of any Products or Services through the Website, after the Privacy Notice is updated will constitute Your consent and agreement to be bound by the updated terms.
QUESTIONS OR COMMENTS
If You have any questions or concerns about this Privacy Notice, the practices of this Website, or your interaction with this Website, please contact us:
Email: help@ultimatespectacle.com
US Mail: Ultimate Spectacle
Attn: Customer Privacy
100 Quentin Roosevelt Blvd | Suite 400
Garden City, NY 11530
Telephone: 516-599-5500
Last updated: 6/14/2022