Terms of Use

Terms of Use

General/Acceptance of Terms

PLEASE READ CAREFULLY BEFORE USING THIS SITE. AcuFocus, Inc. (“AcuFocus,” “us,” or “we”) welcomes you to its website (“Site”) By using the Site, you agree that you have read, understand, and agree to be bound to the Terms of Use (“Terms”) set forth below. If you do not agree to be bound to the Terms, you must immediately exit the Site. Each time you access or use the Site, you are accepting the most recent version of the Terms. AcuFocus reserves the right to change the Terms at any time or to discontinue availability of the Site at any time without notice. You should therefore review the current Terms each time you visit the Site.

 

Subject to these Terms, you may use the Site only for your personal, noncommercial use. Upon your violation any of these Terms, your permission to access and use the Site is immediately revoked and AcuFocus reserves all rights it may have for redress in law or equity.

 

Last Updated: May 23, 2018.

 

General Information Only; No Medical Advice

The information provided in the Site is for general and informational purposes only. AcuFocus seeks to provide information that is accurate and up-to-date; however, AcuFocus provides no warranties concerning the information contained in the Site, nor should the information contained in the Site be construed as medical advice. No director, employee, agent, or representative of AcuFocus, or its subsidiaries or affiliates to the extent applicable, are engaged in rendering medical advice, diagnosis, treatment, or other medical services that in any way create a physician-patient relationship through this Site. Decisions about your health and vision care needs should be discussed directly with your doctor or other healthcare professional. AcuFocus shall not be liable for any damages or injury resulting from access to, reliance on, or inability to access the information contained in the Site.

 

Your Submissions to the Site

AcuFocus appreciates hearing from its Site visitors. Be advised, however, that any information you submit to the Site (“Submission”) will be considered nonconfidential and nonproprietary. You hereby agree that with respect to any Submission, AcuFocus shall have a nonexclusive, unrestricted, fully paid, irrevocable, transferable, sublicensable right to use such Submission for any purpose including developing, manufacturing, and marketing products. You further agree to indemnify AcuFocus for all claims arising from your claims to any rights in any Submission.

 

Privacy Policy

AcuFocus creates and operates a network of websites, including www.acufocus.com, www.ic8lens.com, and www.ic8lensclinicalstudy.com (collectively and individually referred to as the “Site”). AcuFocus is committed to respecting the privacy of visitors to this Site. This privacy policy explains how we use any personal information we collect about you when you use this Site.

Topics:

 

This Privacy Policy was last updated on May 23, 2018. We keep our privacy policy under regular review and we will place any updates on this Site. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Site, and where appropriate, by other means. By providing your written consent (by accepting the Terms of Use or by emailing us) and by continuing to use the Site, you are accepting and consenting to the collection, use, and disclosure of your information as described in this Privacy Policy.

 

What information we collect about you

The information we collect on our Site generally falls into the following two categories: “personal information” and “non-personally identifiable information.” Personal information refers to information that lets us know the specifics of who you are. Non-personally identifiable information refers to information that does not by itself identify a specific individual. If we do combine non-personally identifiable information with personal information, the combined information will be treated as personal information for as long as it remains combined.

When you communicate with AcuFocus by making a Submission to the Site, AcuFocus may collect personal information including, but not limited to, your first and last name, city, province or state, country, email address, telephone number, age (or age range), and information regarding your qualification to participate in AcuFocus-sponsored clinical trials (such information including, but not limited to, past eye surgeries, use of glasses, personal activities and visual needs, and whether you are participating in any clinical trials), and possibly other information by which you can be personally identified.

In general, we collect your personal information when you voluntarily provide it to us, such as when you register with us, request information or place an order for products or services. We also collect information when you voluntarily complete customer surveys, provide feedback, or participate in competitions.

In addition, we collect web analytics from Site visitors. Based on your search engine’s restrictions set forth in the privacy settings, this information may include, but not be limited to, your referring website, pages viewed, time and date of access, and length of visit.

In addition, our Site may use “cookies” to gather non-personally identifiable information. Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. This information is used to track visitor use of the website and to compile statistical reports on website activity. For further information visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However in a few cases some of our Site features may not function as a result.

 

Why your information is processed and how it will be used

AcuFocus uses personal information you provide to us to deliver the services, materials, or information you request, to respond to your inquiries and contact you about the Site and/or our products or services on the basis of your consent. AcuFocus may use your personal information in a number of ways, for example:

  • to provide you names of physicians in your area, review your feedback on the Site, or improve the Site’s content and usability;
  • to track analytics and create reports for the Site;
  • to use and share with others aggregated and/or anonymous information that we have collected based on web usage data or statistical information that we have compiled about our users; or
  • to access certain features or functions of our Site.

As part of normal business operations, AcuFocus may transfer your personal information to third parties outside of AcuFocus, including physicians and distributors of AcuFocus products and personnel involved in sales of AcuFocus products. We may also disclose your personal information to third party consultants and service providers to the extent that they require access to our databases, or the information contained in our databases, to service AcuFocus and the Site. In processing your order, we may send your details to, and also use financial information you submit or information from credit reference agencies and fraud prevention agencies to verify your credit and collect payments for your purchases, orders, and registrations.

We may send you information about products and services of ours which may be of interest to you. If you have consented to receive marketing, you may opt out at a later date. You have a right at any time to stop us from contacting you for marketing purposes or providing your information to others.

If you no longer wish to be contacted for marketing purposes, please email us at info@acufocus.com.

 

Data Integrity and Purpose Limitation

AcuFocus takes reasonable steps to ensure that the personal data that it processes is: (i) relevant for the purposes for which it is to be used, (ii) reliable for its intended use, and (iii) accurate, complete and current.

 

Your choices

AcuFocus offers you the opportunity to choose or opt out of disclosure of your personal data to certain third parties or use your personal data for a purpose that is incompatible with the purpose for which the information was originally collected or subsequently authorized by you. You may contact AcuFocus as indicated below regarding the company’s use or disclosure of your personal data.

AcuFocus’s online Privacy Policy sets forth the circumstances in which AcuFocus may disclose personal data without offering you an opportunity to opt out, including:

  • to its subsidiary companies as necessary to perform services on its behalf;
  • to service providers, affiliates, agents, and/or business partners AcuFocus has retained to perform services on its behalf;
  • when AcuFocus believes disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; or
  • in the event it sells or transfers all or a portion of its business or assets (including in the event of a divestiture, merger, consolidation, or other change of control transaction, or liquidation or bankruptcy). Should such a sale or transfer occur, AcuFocus will use reasonable efforts to direct the transferee to use the personal data in a manner that is consistent with this Privacy Policy.

 

Special circumstances where we may disclose your information                    

Other than as set forth above, we may use and/or disclose your personal information in the following circumstances:

  • to enforce, and/or investigate violations of, our site Terms of Use and/or this Privacy Policy; or
  • to the governments, courts, law enforcement, or regulatory agencies under a lawful order in a jurisdiction where you are located and/or where your personal information is stored and/or processed.

You cannot opt out of disclosure of your personal information if required by lawful order.

 

Accountability for onward transfer of personal data

AcuFocus may share your personal data with third parties as indicated above and consistent with its online Privacy Policy. Except as permitted or required by applicable law, AcuFocus requires third party controllers to whom it discloses your personal data to either (i) subscribe to the relevant Privacy Principles or (ii) contractually agree that data will only be processed for limited and specified purposes consistent with the consent given by the individual, that the recipient will provide the same level of protection and that the recipient will notify AcuFocus if it makes a determination that it can no longer meet those obligations.

 

How we protect your information

We use reasonable technological and physical safeguards to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.

 

Hyperlinks and other websites

Our Site may contain links to websites operated by others. This Privacy Policy only applies to this Site. Privacy policies for these third party sites and services may be different from our Privacy Policy. You access these third party sites and services at your own risk so when you link to other websites, you should read their privacy policies.

 

What do we do with your information when you terminate your relationship with us?

In general, we will only retain your information for the time necessary to realize our legitimate business purposes and to comply with the law. However, we may continue to store anonymous or anonymized information, such as Site visits, without identifiers, in order to improve our services.

 

Your rights

You have the right to:

  • Withdraw your consent to the processing of your personal information at any time without penalty;
  • Access your personal information and have it corrected, amended, or deleted;
  • Receive a copy of your personal data and transmit such to others;
  • At any time, to object to our processing of your personal information, which we will comply with unless we demonstrate a compelling legitimate grounds for processing such that overrides your rights; and
  • If you believe your personal information is inaccurate, unlawful, no longer necessary for our business purposes, or if you object to our processing of your personal information, you also have the right to instruct us to restrict the processing of your data pending our investigation and/or verification of your claim.

If you wish to raise a complaint and initiate and investigation on how we have handled your personal data, or request a copy of your personal information, please email us at info@acufocus.com. We may make a small charge for this service.

 

Questions or feedback

If you have any questions or comments regarding our privacy policy and practice, please email us at info@acufocus.com or by using the contact details below:

Privacy Officer

AcuFocus, Inc.

32 Discovery, Suite 200

Irvine, California 92618 USA

 

Security

AcuFocus uses industry standard security measures for all online transactions and data storage. You are advised, however, that transmission of data over the Internet is not guaranteed to be completely secure; therefore, AcuFocus cannot guarantee the security of any Submission.

 

Trademarks

ACUFOCUS, IC-8, the IC-8 logo, PROVEN, PRECISE, PREDICTABLE, THE SMALL APERTURE COMPANY, NATURAL VISION FOR EVERYDAY LIVING,  and other trademarks that may be used on this Site are either registered trademarks or trademarks of AcuFocus whether or not appearing in italicized, bolded and/or in large print, with or without any trademark symbol. These trademarks represent important intellectual property assets of AcuFocus and are protected from confusing or misleading uses under United States and international laws. The Site may also reference the trademarks or trade names of other entities, which are the trademarks of those respective owners. Nothing contained in the Site should be construed as granting any license or right under any AcuFocus or third-party trademark.

 

Limitation of Liability; Disclaimer of Warranties

AcuFocus assumes no responsibility, and shall not be liable for any damage or injury to you, your computer, or other personal property, caused by viruses that infect your computer or other property on account of your access to the Site or from your downloading of any materials, data, text, images, video or audio, or other items from the Site. The Site may contain links or references to third-party websites. AcuFocus provides these links or references only for your convenience and makes no representations that the information contained in any third-party website is accurate. AcuFocus does not monitor and has no control over the content of any third-party website. AcuFocus expressly disclaims any liability for damages or injury arising from use of third-party websites.

 

THIS SITE, INCLUDING ALL CONTENT, SOFTWARE, AND INFORMATION IS PROVIDED AS IS AND IS SUBJECT TO CHANGE AT ANY TIME. ACUFOCUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OF THIS SITE, INFORMATION MADE AVAILABLE BY THIS SITE, INCLUDING THE COMPLETENESS OR CURRENCY OF SUCH INFORMATION, OR ANY PRODUCTS, SERVICES, OR LINKS TO THIRD-PARTY WEBSITES MADE AVAILABLE BY OR THROUGH THIS SITE. ACUFOCUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND SUBSIDIARIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. THE SOLE EXCEPTIONS TO THESE DISCLAIMERS ARE THOSE WARRANTIES (IF ANY) THAT CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. IN NO EVENT WILL ACUFOCUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PARTY’S USE OF THIS SITE OR THE PRODUCTS OR SERVICES OFFERED ON THIS SITE EVEN IF ACUFOCUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR SUBSIDIARIES HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THIS SITE IS AT YOUR SOLE RISK AND YOUR SOLE REMEDY IN THE EVENT OF ANY COMPLAINT OR PROBLEM WITH THIS SITE OR ITS CONTENT IS TO CEASE USING THE SITE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, ACUFOCUS’S TOTAL LIABILITY SHALL NOT EXCEED THE LOWEST LIMITATION OF LIABILITY ALLOWED BY LAW OR, IF SUCH AMOUNT IS NOT PRESCRIBED BY LAW, $100.00 USD.

 

Governing Law and Language

By visiting the Site, you agree that the laws of the state of California, United States of America, without giving effect to conflict of laws principles, govern the Terms and any dispute that may arise between you and AcuFocus. You agree to submit to the exclusive jurisdiction and venue of the federal or state courts in Orange County, California, United States of America, in the event of any dispute between you and AcuFocus arising from your use of the Site. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for your convenience, and you may view the English language version by (a) returning to the home page for the country that you have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Terms of Use located at the bottom of the page.

 

Geographic Restriction

The Site is owned and operated by AcuFocus from its headquarters in Irvine, California, United States of America. Although this Site may be read from anywhere in the world, AcuFocus does not necessarily conduct business in the location in which it is being read. The information provided in the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject AcuFocus to any registration requirement within such jurisdiction. AcuFocus makes no representation that the information contained in the Site is appropriate for use in other jurisdictions. Users of the Site assume all risks concerning compliance with applicable local laws.

 

Age Restriction

The Site is intended to be used by adults and corporate entities interested in AcuFocus. It is not intended for children, and AcuFocus does not knowingly collect or store personal information about children under the age of 13.

 

Permitted Uses

You are required to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from AcuFocus. As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is unlawful, including posting any information that infringes the intellectual property or privacy rights of others. You also agree not to post or submit any information that contains software viruses, worms, or other programming routines that are intended to damage or detrimentally interfere with the Site or any other system, data, or information.

 

Miscellaneous Provisions

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. AcuFocus hereby expressly reserves the right, in its sole discretion and for any reason we deem sufficient, to discontinue, or to terminate or suspend access to the Site, at any time, and to change the content and/or these Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. AcuFocus may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. You agree to indemnify AcuFocus and its employees, officers, directors, agents, successors, and assigns against any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of your use of the Site or breach of these Terms or your violation of any law or the rights of a third party.

 

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. AcuFocus’s failure to require your performance of any provision hereof shall not affect the full right to require performance of that or any other provision at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of that or any other provision. If any provision of these Terms is found by a court to be invalid, you and AcuFocus nevertheless agree that a court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. AcuFocus may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without prior consent of AcuFocus. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

Copyright Notice

© 2017-18 AcuFocus, Inc. All rights reserved. All content included in the Site is the property of AcuFocus or its providers and is protected by United States and international copyright law. Reproduction of any of the materials contained in the Site without the express written permission of AcuFocus is prohibited.