Warby Parker

JAND, Inc., doing business as Warby Parker, is an American online retailer of prescription glasses and sunglasses, based in New York City.

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Handling

Does the policy allow personally-targeted or behavioral marketing? Yes, but you can opt-out

3.5/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

Possible Options

Yes0/10
Yes, but you can opt-out3.5/10
Yes, but you must opt-in7/10
No10/10

Citation

Some of our third-party advertising partners use cookies and other technologies to collect information about your online activities on our Services and across other online services in order to deliver more relevant advertising when you are using the Services or other websites.

You can learn about how to opt out of receiving personalized website advertisements from our advertising partners who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations. Links to those sites are below. Note that because your election to opt out is managed through cookies, if you delete these cookies or use a different browser, you will have to make the same selection again.

Network Advertising Initiative: http://www.networkadvertising.org/choices Digital Advertising Alliance: http://www.aboutads.info/choices

One of the third party services that we use to track your activity on our Services is Google Analytics. If you do not want Google Analytics to collect and use information about your use of our Services, then you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout). You also may opt-out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings located at https://www.google.com/settings/ads.

Another third party service that we use to track your activity on our Services is Adjust Technology. If you do not want Adjust Technology to collect and use information about your use of our Services, you can opt out at https://www.adjust.com/opt-out/.

If you would like to opt out of the use of your mobile app activity for targeted advertising purposes, you may do so by visiting your device’s privacy settings (“Limit Ad Tracking” on iOS devices).

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Does the service allow third-party access to private personal data? Yes, not all parties specified

0/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

The policy allows sharing personal data with third-parties (not just critical service providers), and does not explicitly list the third-parties.

This may come in the form of outright data sharing or by using local third-party analytics software (such as Google Analytics, which collects a plethora of user information).

Note that whether the policy allows sharing aggregated user data does not affect this question.

If the personal data is encrypted when it passes through the third-party, it does not count as third-party access (as the data is inaccessible to that party).

If personal data has been made public by, for example, posting it to a blog, it does not count as private personal information (and is therefore not considered by this question).

Possible Options

Yes, not all parties specified0/10
Yes, all parties specified (including non-critical service providers such as advertisers)3/10
Yes, not all parties specified (but only to critical service providers)7/10
Yes, all parties specified (only to critical service providers)8/10
No10/10

Citation

If we share your information, we do so only as described below.

We’ve figured out ways to do a lot of things on our own, but we haven’t quite figured out how to do all of it. We may provide your information to our contractors, agents, and service providers as necessary to enable them to perform certain services for us, including but not limited to: order fulfillment; delivery services; payment processing; vision insurance claim processing; account registration; website-related services, such as web hosting; improvement of website-related services and features; maintenance services; marketing services; data analytics.

Some of our third-party advertising partners use cookies and other technologies to collect information about your online activities on our Services and across other online services in order to deliver more relevant advertising when you are using the Services or other websites.

One of the third party services that we use to track your activity on our Services is Google Analytics. If you do not want Google Analytics to collect and use information about your use of our Services, then you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout). You also may opt-out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings located at https://www.google.com/settings/ads.

Another third party service that we use to track your activity on our Services is Adjust Technology. If you do not want Adjust Technology to collect and use information about your use of our Services, you can opt out at https://www.adjust.com/opt-out/.

If you would like to opt out of the use of your mobile app activity for targeted advertising purposes, you may do so by visiting your device’s privacy settings (“Limit Ad Tracking” on iOS devices).

We may share your information with your doctor if you’ve asked us to confirm the prescription information you provide us, or if you’ve asked us to obtain your prescription information from your doctor. At your request, we may also share your information with a dispensing optician.

In connection with Prescription Check, we will share your Health Information and Personal Information with one or more Eye Doctors, who will evaluate the results of your Eligibility Questionnaire and Vision Test. Eye Doctors may be any of the following: Warby Parker employees, Warby Parker independent contractors, employees of a professional corporation, or independent contractors of a professional corporation. Additionally, we will share the information you provide to us through MyVisionDirectory with the Eye Doctor performing your eye exam. In all cases, Eye Doctors are under a contractual and legal obligation to keep your Health Information and Personal Information confidential.

We may share your information with your vision insurance carrier in order to process your claim and so that we receive payment.

We may share aggregated or de-identified information (which cannot reasonably be used to identify you) with service providers or other third parties. These service providers and third parties may also share with us aggregated or de-identified information that they have independently developed or acquired.

We may work with other businesses from time to time. These business partners may sell items or provide promotions to you through our Services or theirs. We may also provide products or services to you jointly with our business partners. When we do this, we will clearly show you that a business partner is associated with your transaction, and we will only share information with them that is related to your transaction and in accordance with your request to share with that partner.

If the ownership of all or substantially all of our business changes, or we otherwise transfer assets relating to our business or any of the Services to a third party (such as by merger, acquisition, bankruptcy proceeding, or other change of control transaction), we may transfer or sell your information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to this Privacy Policy unless we notify you otherwise.

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with any applicable law, court order, subpoena, legal process, or enforceable governmental request; cooperate with law enforcement; enforce or apply this Privacy Policy, our Terms of Use, and other agreements; detect, prevent, or otherwise address fraud, security or technical issues; or protect the rights, property, or safety of Warby Parker, our employees, our users, or others.

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Does the service allow you to permanently delete your personal data? Yes, by contacting someone

3/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Even if there is a reasonable delay before the data is fully deleted (as is common), the data still counts as "permanently deleted" and satisfies the parameters for this question.

Possible Options

No0/5
Yes, by contacting someone3/5
Yes, using an automated mechanism5/5
N/A (no personal information collected)5/5

Citation

Through your account settings, you can access, view, and edit any of the following personal information: name, password, mailing address, billing address, email address, and phone number.

You can delete any of the above information, and contact us with questions or concerns about your information, by emailing [email protected] The information you can view, edit, and delete may change as our Services change.

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When does the policy allow law enforcement access to personal data? When reasonably requested

3/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Possible Options

Always0/5
Not specified0/5
When reasonably requested3/5
Only when required by a court order or subpoena4/5
N/A (no personal data to share)5/5
Never (special legal jurisdiction)5/5

Citation

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with any applicable law, court order, subpoena, legal process, or enforceable governmental request; cooperate with law enforcement; enforce or apply this Privacy Policy, our Terms of Use, and other agreements; detect, prevent, or otherwise address fraud, security or technical issues; or protect the rights, property, or safety of Warby Parker, our employees, our users, or others.

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Transparency

Does the policy require users to be notified in case of a data breach? No

0/7

Decided May 22, 2020 (revision history). This question accounts for 8% of the final score.

Note that all companies operating in the EU are subject to Art. 33 of the GDPR, which requires companies to notify their data protection authority of a data breach within 72 hours of discovering it.

Possible Options

No0/7
Yes, eventually5/7
Yes, within 72 hours7/7
N/A (the service collects so little personal data that notification would not be possible)7/7

Note

This policy doesn't require the service to notify users of data breaches.

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Will affected users be notified when the policy is meaningfully changed? No

0/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Possible Options

No0/5
Yes5/5
N/A (no personal data—or contact information—collected)5/5

Citation

We occasionally review this Privacy Policy to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Effective Date” at the top of this page so that you can tell if it has changed since your last visit. Your continued use of our Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.

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Is the policy's history made available? Only the date it was last modified

3/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Possible Options

No0/5
Only the date it was last modified3/5
Yes, with revisions or a change-log5/5

Citation

Effective Date: January 1, 2020

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Does the policy outline the service's general security practices? Somewhat

1/3

Decided May 22, 2020 (revision history). This question accounts for 4% of the final score.

The policy provides only a very vague overview of its security practices.

Possible Options

No0/3
Somewhat1/3
Yes2/3
Yes, including audits2.5/3
N/A (no personal data collected)3/3
Yes, including independent audits3/3

Citation

We take the protection of your information very seriously. We understand the sensitivity of (for example) the prescription information you may give us. Therefore, we take many security measures (physical, electronic, and procedural) to help keep your information safe. For example, we limit access to authorized employees and third parties who are under an obligation to keep all such information confidential. Also, we only allow parties to access your identifiable information for permitted business purposes. Unfortunately, even though we use commercially reasonable efforts to protect your information, we cannot guarantee complete security. Any information that you provide to us is done so entirely at your own risk.

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Collection

Is it clear why the service collects the personal data that it does? Yes

10/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

This question deals with transparency. Even if the service uses data for reasons that aren't ideal for privacy, provided they list all of those uses, the service can still receive full credit for this question. However, if they are not explicit about their uses (by employing language like "such as"), a lower score is assigned.

Possible Options

No0/10
Somewhat4/10
Mostly7/10
Yes10/10
No personal data is collected10/10

Citation

We primarily use your information to provide and enhance our Services and your experience with Warby Parker. Some ways we may use your information include: to provide, personalize, and improve our products and our Service; to facilitate the sale and delivery of your purchases and Home Try-On; to confirm, reschedule, or provide other services related to your eye exam; to provide you with Prescription Check services; to communicate with you, including to respond to your comments or questions, and to send you updates about your order; to understand your use of our Services to help us improve the customer experience; to provide you information, recommendations, and marketing materials about our products and Services; to deliver gift cards in accordance with your instructions; if you apply for a job, to determine your eligibility for a position with us; for our other internal business purposes.

When you use Prescription Check, we may use your Health Information and Personal Information to determine the vision correction that you need, and for quality assurance, internal testing and analysis, and to make improvements to Prescription Check. We may also use your Health Information and Personal Information to provide customer service to you, to communicate with you about Prescription Check, to respond to your questions, to contact you regarding your Eligibility Questionnaire, Vision Test, or the Services, to remind you to renew your prescription, or to send an Eye Doctor’s prescription, medical records, advice, decisions, or notes to you. We will not license or sell your Health Information or Personal Information to anyone, and will share it only as set forth below. Warby Parker is committed to protecting your privacy and will comply with all laws and regulations applicable to the use and disclosure of your Health Information and Personal Information. If you receive an eyewear prescription as a result of your use of Prescription Check, we will email you a copy of the prescription and add the prescription information to your Warby Parker account, after which it will appear in your account as “[your first name]’s Prescription Check Rx.” If the Eye Doctor determines that you are not eligible for an updated eyewear prescription through Prescription Check, then we will notify you by email and may include additional notes or recommendations from the Eye Doctor.

We may use location information collected from your mobile device to enhance your shopping experience and to provide you with location-based services, such as advertising, search results, and other personalized content, as well as to assist us with foot traffic measurement and service improvements in our stores.

When you submit (or grant us permission to take) a photo, facial scan, or other image of you, we don’t share those photos, scans, or images, or any facial data captured in the facial scans, with any third parties, but we may use them as described below: to measure your pupillary distance and segment height, and to gather other optical information; to map and measure your facial features; to address certain problems or concerns you may have with your glasses; to help better understand how our frames fit our customers and provide frame recommendations; to provide, personalize, and improve our products and our Service.

We don’t store any facial scans submitted through the iPhone X TrueDepth camera.

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Does the policy list the personal data it collects? Yes, generally

7/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

All general categories of collected personal data are listed, though not all types of personal data are explicitly mentioned (for example, the list might use a phrase like 'such as' when listing types of personal data).

Possible Options

No0/10
Only summarily3/10
Yes, generally7/10
Yes, exhaustively10/10
N/A (no personal information is collected)10/10

Citation

When you create an account with us, you provide a name, email address, and password.

If you make a purchase, we request information from you to facilitate the transaction and get you the goods. You may also provide us with information when you use certain online features, such as Home Try-On or when you book an eye exam. This information may include (i) your name, email address, phone number, shipping address, and date of birth, (ii) prescription information, including any images of prescriptions you may provide to us and any information you give us through the pupillary distance measurement function of our Services, (iii) medical history and information about your vision, (iv) information about the products you try on and purchase, and (v) information about other people, such as when you direct us to send a gift card. If you provide us with an image of your prescription, we obtain any information that appears on the prescription form. You may also provide us with information when you apply for a job through our Jobs page.

For some online, App, and in-store features, we may ask you to submit (or we may ask your permission to take) a photo, facial scan, or other image of you.

When you make a purchase, we ask you to provide payment information, which may include payment card information (such as credit card number, type, and expiration date), vision insurance plan information, billing address, and shipping address. Our payment processor, which is required by credit card issuers to meet specific security requirements, will collect, store, and process your credit card and other payment information on our behalf using industry-standard security measures. We do not store any payment card information.

When you use Prescription Check, you disclose certain information about yourself by (1) answering a series of questions to determine whether you are eligible to participate in the Prescription Check vision test (the “Eligibility Questionnaire”), (2) performing a series of tasks to help licensed optometrists or ophthalmologists (each an “Eye Doctor”) determine whether to issue you an updated prescription (the “Vision Test”), and (3) communicating with Warby Parker or our Eye Doctors in connection with your use of Prescription Check. The In-Store Prescription Check Vision Test includes an acuity test and measurement of your refractive error using a handheld device, and the results of both will be provided to us. "Health Information" is information that relates to your past and present health or vision conditions (including medications, ailments, and prescriptions) that is derived from your use of Prescription Check or MyVisionDirectory. Some Health Information may be subject to laws and regulations, including HIPAA. You represent that any Health Information that you disclose to us is your Health Information that you are authorized to disclose to us. “Personal Information” is information about you, including your first name, last name, and demographic information, derived from your use of Prescription Check or MyVisionDirectory. Your Warby Parker account may contain Personal Information and Health Information, and we will access such information when you use Prescription Check. Additionally, in order to facilitate your use of Prescription Check and to help an Eye Doctor determine your need for an eyewear prescription, we may collect the following information when you use Prescription Check: your name, age, email address, username, or other Personal Information or Health Information contained in your Warby Parker account; answers and written information that you submit during the Eligibility Questionnaire; your answers to, performance of, and actions taken during the Vision Test timestamps of all actions that you take within the Prescription Check App; Health Information prepared by an Eye Doctor who provides you Services, such as medical records, prescriptions, treatment decisions, medical advice, examination notes, and any other information prepared by an Eye Doctor about your health or vision; billing information that you provide us, such as credit card information; any other information that you submit to us in connection with your Eligibility Questionnaire, Vision Test, Prescription Check, or the Services, including information exchanged in emails, texts, chats, or calls between you and Warby Parker.

We do everything possible to make sure you have an exceptional shopping experience. If you contact us in person, by phone (calling or texting), email, instant message (including Facebook Messenger), live chat, through social media or our App, or by some other means, we may keep a record of your contact information and the content of the communication for later reference. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services. We receive responses to any survey that you choose to complete for us.

Your doctor may share your prescription information with us in order for us to provide Services or complete your purchase.

Some parts of our Services can be linked to other accounts you have with Third Party Services (“Third Party Accounts”) or you may be able to register for an account on our Services with your Third Party Account. If you connect a Third Party Account to our Services or interact with us through a Third Party Account, we may receive information about you, including your Third Party Account profile information and your photo, and your use of the Third Party Account (for example, if you select a Warby Parker product to purchase through the account). If you mention us through your Third Party Account, we may collect publicly available information and content related to your comment. If you wish to limit the information available to us, you should visit the privacy settings of your Third Party Accounts to learn about your options.

We may collect information about you from other third parties, including demographic information, and combine this information with other information we collect about you.

We record certain information and store it in log files when you interact with our Services. This information may include device and browser information, internet protocol (IP) address, URLs of referring/exit pages, and search terms.

When you connect to our in-store Wi-Fi, we receive information about you and your device, including your device’s MAC address, IP address, received signal strength indicator (RSSI), and technical details about your device such as its operating system, device type (including make and model), and technical capabilities. We will also receive information about how you use our Wi-Fi network while you are connected, including the store location, the areas of the store you visit, the names and/or Internet addresses of the websites you visit and the applications you use, and how long you interact with such sites or applications. If your mobile device is configured to search for available Wi-Fi networks, we may receive information about your device even if you choose not to connect to our Wi-Fi services.

When you download and use our Warby Parker App, we receive information from your mobile device, such as IP address, device information, and unique device identifiers. We may also receive information about your precise location from your device, but only if you enable location tracking on your device. We may collect location data when your device is near our in-store systems, even if you are not currently using the app. You may turn off this location tracking at any time in your app settings or by disabling Bluetooth on your device.

When you use the Prescription Check App, we may collect information about your mobile device, such as IP address, device information, and unique device identifiers, and we may derive your approximate location from your IP address. When you permit the Prescription Check App to access your location through your mobile device settings, we may collect the precise location of your device when the Prescription Check App is running in the foreground or background. Your location information is necessary to confirm your location while using the Prescription Check App, so we can be sure that your results are reviewed by an Eye Doctor licensed in your state.

Like most websites, our Services may incorporate technology such as “pixel tags”, “web beacons”, and “cookies” that allow us and our service providers to collect information about your actions on our Services. Our service providers may collect information about your online activities over time and across different online services. Cookies (not to be confused with the sugary morsels) are small files that web servers may place on your computer when you visit a website. You may be able to set your web browser to reject cookies entirely or require that it request permission from you before accepting each new cookie. You can also delete cookies from your web browser once you leave a website.

We may also collect information when you are visiting our stores. Like most retailers, we have in-store video surveillance for security, fraud, and loss prevention purposes. In addition, we analyze videos to help us understand customer behavior and retail traffic within our physical spaces. Our service providers may also collect information about your mobile device from other tracking technologies while you are near or in our stores to help us better understand our customers and how they use our Services.

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Does the service collect personal data from third parties? Yes

0/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

This includes the use of data brokers and independent verification authorities (such as background check providers).

Possible Options

Yes0/10
Only for critical data7/10
No10/10

Citation

Information we collect from third parties: Your doctor may share your prescription information with us in order for us to provide Services or complete your purchase.

Some parts of our Services can be linked to other accounts you have with Third Party Services (“Third Party Accounts”) or you may be able to register for an account on our Services with your Third Party Account. If you connect a Third Party Account to our Services or interact with us through a Third Party Account, we may receive information about you, including your Third Party Account profile information and your photo, and your use of the Third Party Account (for example, if you select a Warby Parker product to purchase through the account). If you mention us through your Third Party Account, we may collect publicly available information and content related to your comment. If you wish to limit the information available to us, you should visit the privacy settings of your Third Party Accounts to learn about your options.

We may collect information about you from other third parties, including demographic information, and combine this information with other information we collect about you.

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Does the service allow the user to control whether personal data is used or collected for non-critical purposes? On an opt-out basis, but only for some non-critical data/uses

1.5/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Some services allow users to opt-out or opt-in to of non-critical collection or use of personal data, such as collecting data for personalized advertisements.

Possible Options

No0/5
On an opt-out basis, but only for some non-critical data/uses1.5/5
On an opt-out basis, for all non-critical data/uses3/5
N/A (no data used for non-critical purposes)5/5
On an opt-in basis5/5

Citation

You can learn about how to opt out of receiving personalized website advertisements from our advertising partners who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations. Links to those sites are below. Note that because your election to opt out is managed through cookies, if you delete these cookies or use a different browser, you will have to make the same selection again.

Network Advertising Initiative: http://www.networkadvertising.org/choices Digital Advertising Alliance: http://www.aboutads.info/choices

One of the third party services that we use to track your activity on our Services is Google Analytics. If you do not want Google Analytics to collect and use information about your use of our Services, then you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout). You also may opt-out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings located at https://www.google.com/settings/ads.

Another third party service that we use to track your activity on our Services is Adjust Technology. If you do not want Adjust Technology to collect and use information about your use of our Services, you can opt out at https://www.adjust.com/opt-out/.

If you would like to opt out of the use of your mobile app activity for targeted advertising purposes, you may do so by visiting your device’s privacy settings (“Limit Ad Tracking” on iOS devices).

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Warnings

Warby Parker has no warnings published on PrivacySpy. PrivacySpy publishes warnings when it learns a service has announced a data breach or is found misusing user data. If you believe a warning should be published for Warby Parker, submit one here.


Highlighted Policy Snapshot ALPHA

No highlighted policy snapshot has been created for this privacy policy. To view the policy at its original location, click here.

3.8/10

How we calculate ratings →


Version Added

May 22, 2020

Ratings Updated

May 22, 2020

Warnings

0

Maintained by

doamatto

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