Effective Date: September 30, 2023.
Solos Privacy Policy
Welcome! You have arrived at www.solosglasses.com (the “Site”) or its associated mobile application-enabled registered user platform (the “Platform”), which is owned and operated by Solos Technology Limited (“Solos”). Throughout this Privacy Policy the words “we”, “us” and “our” refer to Solos, and the words “you” and “your” refer to the user visiting the Site or the Platform. This Privacy Policy applies to information that we collect at the Site or the Platform (including through the mobile application and both the generally available and password protected aspects of the website). This Privacy Policy does not apply to our data collection activities offline or otherwise outside of the Site or the Platform (unless otherwise stated below). Please review the Platform’s Terms of Use, which govern your use of the Platform.
By accessing and using our Site or Platform, you consent to our Privacy Policy, our Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below.
- What Information Does the Site or the Platform Collect?
Personal Information. We may ask you to provide us with, or you might submit via the Site or the Platform, personally identifiable information, which is information that identifies an individual personally, such as one’s first and last name, telephone number, e-mail address, geolocation data, educational background information and employment history, your fitness information, and prescription information, including any images of prescriptions you may provide to us (“Personal Information”). If you provide us with an image of your prescription, we obtain any information that appears on the prescription form. We may collect this Personal Information through various forms and in various places on the Site or the Platform, including account registration forms, “contact us forms” at the Site, or when you otherwise upload data to and interact with the Platform.
(b) Information Collected or Stored As You Access and Use the Site, the Platform or the Smart Glasses Frames
In addition to any Personal Information or other information that you choose to submit to us via the Site or the Platform, the microphone component of eyeglass frames device, when enabled, collects and stores all audible sounds. If you do not want your or others’ audio content to be collected by the eyeglass frames device, used at the Platform, or shared with third parties as described in this Privacy Policy, do not enable the microphone feature for the eyeglass frames device. Also, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain other information whenever you visit or interact with the Platform. The audio content and other information described in the prior two sentences shall be defined as “Usage Information” for purposes of this Privacy Policy. This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site or Platform.
Without limiting the generality of the foregoing, this Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Site or the Platform, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Site or the Platform;
- details of transactions you carry out through the Site or the Platform and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Site or the Platform;
- the areas within our Site or Platform that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics;
- your personal health and fitness information tracked by sensors and generated by your use of the associated eyeglasses smart frames device; and
- certain other Device data, including the time of day, among other information.
The Platform includes a functionality called SolosTranslate. SolosTranslate is translation software powered by artificial intelligence that, when enabled, analyzes sound content collected by the eyeglass frame device’s microphone and translates spoken words in foreign languages via the Platform. Use of the Platform’s SolosTranslate functionality entails sharing your and others’ audio content picked up by the eyeglass frames device’s microphone, including Personal Information, with Solos and a third-party artificial intelligence technology platform such as ChatGPT. If you do not consent to such collection and sharing of such information, do not use the SolosTranslate feature.
You may also provide information for publication or display posted in public areas of the Site or the Platform (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Furthermore, you may also use the Site or the Platform’s functionality to access and submit queries to the ChatGPT service. Solos is not responsible for ChatGPT’s collection, storage, use or disclosure of your information, including any personally identifiable information that you share as part of a ChatGPT query. ChatGPT’s privacy policy can be accessed reviewed here.
Tracking Technologies. We may use various other methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies. A cookie is a data file placed on a Device when it is used to visit the Site or the Platform. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our Site or Platform’ pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site or Platform, to monitor how users navigate the Site or the Platform, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site or the Platform, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Site or the Platform, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).
Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:
Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Site or Platform, including cookies required to prevent fraudulent activity and improve security.
Performance‑Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Platform, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site or the Platform.
Functionality‑Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Site or the Platform, including identifying you when you sign‑in to our Site or Platform or keeping track of our specified preferences, including in terms of the presentation of content on our Site or Platform.
Targeting‑Related. We may use Tracking Technologies to deliver content relevant to your interests on our Platform and third‑party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.
Tracking Technologies Choices and Consent.
If you do not want us to collect this information, do not use the Site or the Platform.
We obtain your consent to our information storage or collection Tracking Technologies by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make a choice to disable cookies as set forth above. Please note that we are not required to obtain your consent to the information collection Tracking Technologies identified above that are strictly necessary.
We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.
Third Party Tracking and “Do Not Track.”
There may be other Tracking Technologies now and later devised and used by us in connection with the Site or the Platform. Further, third parties may use Tracking Technologies in connection with our Site or Platform, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Site or Platform and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties. Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
(c) Information Third Parties Provide About You
We may, from time to time, supplement the information we collect directly from you on the Site or the Platform with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with your Personal Information we collect on the Site or the Platform, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.
(d) Interactions with Third-Party Services
The Site or the Platform may include functionality that allows certain kinds of interactions between the Site or the Platform and a third-party website or application. For example, you might be able to link the Platform with, or import/share information about you from, third-party health and fitness applications. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, when you register with the Site or the Platform, you may have an option to use your Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Site or the Platform, or otherwise link accounts. If we offer and you choose to use this functionality to access or use our Site or the Platform, the third-party site or application may send Personal Information about you to us. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on our Site or Platform. In addition, we may provide third-party sites’ interfaces or links on the Site or the Platform to facilitate your sending a communication from the Site or the Platform. For example, we may use third parties to facilitate emails, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. Solos may not control or have access to your communications through these third parties. Further, when you use third-party websites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Site or Platform.
- How Do We Use the Information Collected?
Generally. When you send us your prescription, we may use your health Information and Personal Information to produce your prescription glasses. We may also use this information to provide customer service to you, to communicate with you, to respond to your questions, and to contact you. We also may use your Personal Information, User Contributions or Usage Information that you submit or that we collect about you: (1) to provide you with information or services or to process transactions that you have requested or agreed to receive, including for job opportunity consideration as a result of an online employment application or for providing general information about Solos’ services in response to a request submitted online; (2) to provide you with information via email about product or service offerings from Solos, Solos’ clients or Solos’ partners on an ongoing basis, unless you opt out of receiving such emails; (3) to enable you to participate in a variety of the Site or the Platform’s features; (4) to send promotional or marketing emails to you on behalf of the other businesses or organizations; (5) to process your account inquiry, including verifying your information is active and valid; (6) to improve the Site or the Platform, to create new service offerings, to customize your experience on the Site or the Platform, or to serve you specific content that is most relevant to you; (7) to contact you with regard to your use of any of the Site or the Platform and, in our discretion, changes to the Site or the Platform and/or any of the Site or the Platform’s policies; (8) for internal business purposes; and (9) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
By consenting to Solos’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Solos through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Solos. Your participation in this program is completely voluntary. You may opt-out of receiving these messages at any time. Text the single keyword command STOP to the number provided or click the unsubscribe link (where available) in any text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Solos mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. We may change any short code or telephone number we use to operate the text messaging service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Contact Us. Please note that information submitted to the Site via a “contact us” or other similar customer inquiry function may not receive a response.
- How and When Do We Share Information with Third Parties?
We will not share Personal Information with third parties for their direct marketing purposes. If you affirmatively opt-in to receive marketing communications from third parties, we may, from time to time, share personal information you provide to us with selected third-party marketing partners that we believe offer products or services that may be of interest to you. If you would like us to stop providing your information to our third-party marketing partners, you may opt-out by emailing us at privacy@solosglasses.com. Otherwise, we will not share Personal Information with third parties for their direct marketing purposes. We may, however, share non-Personal Information, such as aggregated user statistics and browsing behavior information, with third parties. We may share the information we have collected, including Personal Information, as disclosed at the time you provide the information and as described below or otherwise in this Privacy Policy. Solos may also disclose Personal Information as follows:
(a) When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Site or Platform to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
(b) Third Parties Providing Services on Our Behalf. We may use third-party vendors to perform certain services on behalf of us, such as hosting the Site or the Platform, designing and/or operating the Site or the Platform’s features, tracking the Site or the Platform’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to Personal Information. We are not responsible for those third-party technologies or activities arising out of them, nor are we responsible for the effectiveness of or compliance with any third party’s opt-out options.
(c) To Protect the Rights of Solos and Others. To the fullest extent permitted by applicable law, we may also disclose Personal Information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Solos or third parties (including through the enforcement of this Privacy Policy, our Terms of Use, the User Agreement or other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
(d) Affiliates and Business Transfer. We may share Personal Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site, Platform or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
- Basis for Use of Personal Information.
Certain laws, including the EU General Data Protection Regulation ("GDPR"), require that we inform applicable individuals of the legal bases for our use and other processing of personal information. Pursuant to the GDPR (and other relevant laws), we process personal information for the following legal bases:
- Performance of contract: as necessary to enter into or carry out the performance of our contract with you.
- Compliance with laws: for compliance with legal obligations and/or defense against legal claims, including those in the area of labor and employment law, social security, and data protection, tax, and corporate compliance laws.
- Our legitimate interests: in furtherance of our legitimate business interests including:
- Performance of contracts with franchisees and other parties
- Implementation and operation of global support (e.g., IT) services for our business operations
- Customer relationship management and improving our Services, including marketing and analytics
- Fraud prevention, including misuse of company IT systems or money laundering
- Physical, IT, and network perimeter security
- Internal investigations
- Mergers, acquisitions, and reorganization, and other business transactions
With your consent: where we have your consent (the GDPR (where it applies)) and other applicable laws give you the right to withdraw your consent, which you can do this at any time by contacting us using the details at the end of this privacy notice. In some jurisdictions, your use of the Site or the Platform may be taken as implied consent to the collection and processing of personal information as outlined in this privacy notice.
In addition, we may process your personal information where necessary to protect the vital interests of any individual.
- Does Third-Party Content or Links To Third-Party Services Appear on the Site or the Platform?
The Site and the Platform contain content that is supplied by third parties, and those third parties may collect Usage Information and your Device Identifier when pages from the Site or portions of the Platform are served to you. In addition, when you are on the Site or the Platform you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the Site or the Platform onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you or others, including Personal Information, and may or may not have their own published privacy policies. We encourage you to note when you leave our Site or Platform and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them.
- How Do I Change My Information and Communications Preferences?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Site or the Platform may allow you to review, correct or update Personal Information you have provided through the Platform’s registration forms or otherwise, and you may provide registration updates and changes by contacting us. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Site or the Platform, information that you remove may persist internally for Solos’ administrative purposes. You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your Platform account and changing your communication preferences. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Site or Platform, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact us in the following ways: Postal Mail: Attention: Privacy Officer, Solos Technology Limited, UNIT 211, 2/F PHOTONICS CENTRE, NO. 2 SCIENCE PARK EAST AVENUE, HONG KONG SCIENCE PARK, SHATIN N.T., HONG KONG; By e-mail: privacy@solosglasses.com.
- What About Transfer of Information to the United States?
If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. If you are located, for example, in European Economic Area or Switzerland, your personal information will be transferred to the United States and possibly to other jurisdictions, which may not provide the same level of protection under your local data protection laws. In such cases, we rely on suitable personal information transfer safeguards. By using the Site or the Platform or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.
- What Should Parents Know About Children?
We understand the importance of protecting children’s privacy in the interactive world. The Services are not intended or directed to children under the age of 16, and we do not knowingly collect any personal information, or knowingly track the use of our Services, from children. If we have actual knowledge that personal information about a child under 16 years old has been collected, then we will take appropriate steps to try and delete such personal information.
- California Resident Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our California Residents Privacy Notice
- European Economic Area/European Union/United Kingdom Resident Privacy Rights
The GDPR (where applicable), gives data subjects the following rights regarding their personal information:
- Right of access: You have the right to obtain from us confirmation as to whether or not personal information concerning you is being processed, and where that is the case, to request access to the personal information. The accessed information includes – among others - the purposes of the processing, the categories of personal information concerned, and the recipients or categories of recipient to whom the personal information have been or will be disclosed. You have the right to obtain a copy of the personal information undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
- Right to rectify and complete personal information: you can request the rectification of inaccurate data and the completion of incomplete data. We will inform relevant third parties to whom we have transferred your data about the rectification and completion if we are legally obliged to do so.
- Right to erasure (right to be forgotten): You have the right to obtain from us the erasure of personal information concerning you in limited circumstances where:
- it is no longer needed for the purposes for which it was collected; or
- you have withdrawn your consent (where the data processing was based on consent); or
- following a successful right to object; or
- it has been processed unlawfully; or
- the data has to be erased in order to comply with a legal obligation to which we are subject.
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for:
- compliance with a legal obligation; or
- the establishment, exercise or defense of legal claims.
- Right to restriction of processing: You have the right to obtain from us restriction of processing your personal information. In this case, the respective data will be marked and only be processed by us for certain purposes. This right can only be exercised where:
- the accuracy of your personal information is contested, to allow us to verify its accuracy; or
- the processing is unlawful, but you do not want the personal information erased; or
- it is no longer needed for the purposes for which it was collected, but you still need it to establish, exercise or defend legal claims; or
- you have exercised the right to object, and verification of overriding grounds is pending.
We can continue to use your personal information following a request for restriction, where:
- we have your consent; or
- to establish, exercise or defend legal claims; or
- to protect the rights of another natural or legal person.
- Right to data portability: You have the right to receive the personal information concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another entity without hindrance from us, but in each case only where the processing is (a) based on your consent or on the performance of a contract with you, and (b) also carried out by automated means.
- Right to object: You have the right to object at any time to any processing of your personal information which has our legitimate interests as its legal basis. You may exercise this right without incurring any costs. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms. The right to object does not exist, in particular, if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
- Right to object to our use of your personal information for direct marketing purposes: You can request that we change the manner in which we contact you for marketing purposes. You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.
- Right to withdraw consent: if you have given us your consent for the processing of your personal information, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
- Right to obtain a copy of safeguards: you can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside the EU/EEA. We may redact data transfer agreements to protect commercial terms.
- Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issue with us first, although you have a right to contact your supervisory authority at any time.
- What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site or Platform and provide us with your information at your own risk.
- What About Changes to the Privacy Policy?
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site or Platform indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
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