Terms of Service

1. ACCEPTANCE OF TERMS AND CONDITIONS

The following terms and conditions (these “Terms and Conditions”) govern your access to and use of marchon.com, mymarchon.com and related websites owned and operated by Marchon Eyewear, Inc. (“MARCHON”), including dragonalliance.com, flexon.com, pureeyewear.com, scandinavianeyewear.se or any other of its house brands (collectively referred to as the “Sites”), and your purchase of prescription and non-prescription optical products and related accessories on any of the Sites (if applicable).*

By accessing any of the Sites or using its current or future services, you indicate that you have read, understand, and accept these Terms and Conditions. MARCHON is permitting you to use the Sites subject to these Terms and Conditions and our Privacy Policy. When you access or use any of the Sites or when you purchase optical products through the Sites, you signify your agreement to these Terms and Conditions. By using the Sites or placing an order, you further confirm that you consent to MARCHON disclosing your information to its suppliers and service providers as further set forth in these Terms and Conditions or otherwise as necessary to fulfill your purchase order.*

If you do not agree to these Terms and Conditions, you are not authorized to further access or use any of the Sites and you should leave the Site immediately.

MARCHON reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any use of the Sites or its services following modification of these Terms and Conditions will be deemed acceptance of those modifications. Please review these Terms and Conditions periodically for the most recent version. Subject to applicable law, any modification of these Terms and Conditions will apply to all transactions and information then or thereafter in the control of MARCHON and its service providers and suppliers. These Terms and Conditions constitute the entire agreement between you and MARCHON with respect to the subject matter of these Terms and Conditions.

2. WEBSITE SERVICES

MARCHON operates the Sites to provide product information and to facilitate the sale of prescription and non-prescription optical products, including without limitation, related accessories.*

To purchase optical products through any of the Sites: (a) you must be at least eighteen (18) years old or, (b) if you are between the ages of thirteen (13) and eighteen (18), your parent or legal guardian must supervise your use of the Sites.*

You understand and agree that MARCHON, at its discretion, at any time and without notice, reserves the right to modify, enhance or supplement the Sites or the services provided through the Sites. You further understand and agree that any such changes will automatically constitute part of the services and as such, will also be subject to these Terms and Conditions unless expressly stated otherwise. You understand and agree that MARCHON, at its discretion, at any time and without notice, reserves the right to discontinue the Sites, the services or both, including without limitation access to any content, products or services offered in connection with the Site, in whole or in part, temporarily or permanently, before or after submission of an order to purchase optical products.* MARCHON takes no responsibility and assumes no liability to you or any third party for any such modification or discontinuation.

MARCHON hopes to make the Sites available all day, every day, with the exception of scheduled maintenance. Many factors, however, impact the availability of the Sites, including without limitation maintenance, system, or equipment failure or problems encountered with suppliers or service providers, and MARCHON does not guarantee the availability or functionality of the Sites.

3. WEBSITE CONTENT

MARCHON has taken reasonable steps to ensure that the information on the Sites is accurate and timely. MARCHON, however, assumes no responsibility for any errors or omissions on the Sites or for the accuracy, truthfulness, or content of other documents that are referenced or linked to the Sites. Nor does MARCHON make any commitment to update the information contained herein. This publication and other documents are subject to change without notice.

MARCHON expressly disclaims responsibility for any consequences related to any use, misuse, and/or interpretation of the Site or any of the information contained herein/therein.

4. OWNERSHIP

The names, registered logo(s), service mark(s), and trademark(s) appearing on the site are owned by MARCHON, MARCHON’s subsidiaries or affiliates, or the respective third party owners/licensors of those names, registered logo(s), service mark(s), and trademark(s) and are protected under the copyright, trademark, and other laws of the United States and other applicable jurisdictions. Nothing on the Sites grants you any right or license to use any of the content (including without limitation the text, graphics, images, URLs, script, and logos) on the Site without the express written permission of MARCHON. Except as may be explicitly permitted on the Sites, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Sites unless you first obtain MARCHON’s written permission.

Except with regard to personal information, any material, information or other communication you post on the Sites or communicate to MARCHON through the Sites (“User Generated Content”) will forever be the property of MARCHON. MARCHON shall not treat any User Generated Content as confidential and shall have exclusive ownership of all present and future existing rights to any User Generated Content of every kind and nature everywhere. You are prohibited from posting or transmitting to or from the Sites any User Generated Content that violates any intellectual property right of a third party, or that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any state, federal, or international law. You hereby represent that your User Generated Content does not infringe or misappropriate the rights of any third party.

5. THIRD PARTY SITES, PRODUCTS, AND SERVICES

MARCHON may link to various external websites that are not under the control of MARCHON and you agree that MARCHON is not responsible for the content, products, or services sold by any linked site or any link contained in a linked site. MARCHON does not assume any responsibility or liability for the actions, products, or content of any of these or other third party websites. Links are provided solely for your convenience and MARCHON does not guarantee the accuracy or completeness of, or endorse any content of any external website. MARCHON reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to any of the Sites, you do so entirely at your own risk and in no event will MARCHON be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of any external website.

6. PRIVACY

To understand our privacy practices, please review our Privacy Policy which is incorporated herein by reference. Although MARCHON may provide links to external websites on this Site, MARCHON is not responsible for the privacy practices employed by those external websites. MARCHON cannot guarantee the security of any data submitted through the Internet.

7. RESTRICTIONS ON USE

In addition to the other restrictions provided in these Terms and Conditions, you may not, while accessing or using the Site, engage in any of the following activities: (a) provide false or misleading registration information; (b) disclose your username or password to anyone;** (c) use the account, username, password, or personal information of another user;** (d) harvest or collect information about any users of the Sites; (e) use any robot, spider, site search, or retrieval application or automatic device to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their content; (f) modify the information, content, programs, or other materials on the Sites or hack into or access the servers or Sites in an unauthorized manner; (g) frame or mirror any part of the Sites; (h) use the Sites in a manner inconsistent with applicable laws, rules, and regulations; (i) upload or input to the Sites any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any portion or system of the Sites; or (j) reverse engineer, decompile, disassemble, translate, or otherwise alter any portion of the Sites.

8. UNAUTHORIZED USE OF THE SITES

Any illegal or unauthorized use of the Site shall constitute a violation of these Terms and Conditions. You do not have permission to access the Site in any way that violates these Terms and Conditions. Illegal or unauthorized use of the Site includes, but is not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site It shall also be a violation of these Terms and Conditions: (a) for any individual (or group of individuals acting in concert) to request, more than 100 pages of content from site in any twenty-four hour period (hereafter referred to as “Abusive Use”).

9. SUSPECTED VIOLATION OF THESE TERMS OF SERVICE OR LAW; INJUNCTIVE, EQUITABLE RELIEF, AND LIQUIDATED DAMAGES

Violation(s) of these Terms and Conditions, including Abusive Use of the Sites, may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You understand and agree that in MARCHON’s sole discretion, and without prior notice, MARCHON may terminate your access to the site, remove any unauthorized User Generated Content or exercise any other legal or equitable remedy available, if MARCHON believes that your conduct or the conduct of any person with whom MARCHON believes you act in concert, or the User Generated Content you provide, violates or is inconsistent with these Terms and Conditions or the law, or violates the rights of MARCHON or another user of the Sites. You agree that monetary damages may not provide a sufficient remedy to MARCHON for violations of these Terms and Conditions and you consent to the application of injunctive or other equitable relief for such violations.

You agree that Abusive Use of the Sites, as defined above, causes damage and harm to MARCHON in the form of, among other things, impaired goodwill and increased expenses associated with responding to Abusive Use of the Sites. You further agree that monetary damages for Abusive Use of the Sites are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly you agree that injunctive or other equitable relief is warranted for Abusive Use. Therefore, you agree that if you, or others act in concert with you, alone or collectively request more than 100 pages of content from the Sites in any twenty-four hour period, you, and those acting in concert with you, may be held jointly and severally liable for reasonable attorney’s fees, expert witness fees and costs associated with injunctive or other equitable relief.

10. USING YOUR PASSWORD**

When you register to purchase optical products through the Sites, MARCHON will send your password for accessing the Sites to the e-mail address you provide. All content or instructions transmitted by or received from anyone presenting your password on the Sites will be deemed binding on you. You agree that you are solely liable for all actions taken via your username and password, including without limitation all communications, submissions, or financial obligations, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Sites for which you will be legally responsible. *

If you suspect that someone who is not you may have obtained access to your password, change the password immediately. If you are unable to change your password or you suspect unauthorized activity with your password and username, contact the MARCHON Customer Service Team at 1.800.645.1300 (U.S. only) or cs@marchon.com immediately.

Instructions on changing personal information (for users):

You may have the right to request access to and receive information about the personal information we maintain about you, update and correct inaccuracies in your personal information and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. You also have the right to opt out, free of charge, from the processing of your personal information for marketing purposes.

All requests for access, rectification, blocking and opting-out must be made in writing, signed, dated and mailed to:

Marchon Eyewear Inc.
Attn: Customer Service
35 Hub Drive
Melville, NY 11747

11. ORDERING AND PAYMENT POLICIES*

MARCHON only accepts valid credit cards or other payment method as indicated on the Site (the “Payment Method”). By submitting your order, you represent and warrant that you are authorized to use the Payment Method and that you authorize MARCHON to charge your entire order to that Payment Method. If the Payment Method is invalid, cannot be verified, or is otherwise unacceptable, MARCHON may suspend or cancel your order without notice. You agree to keep your Payment Method current until the order is complete and to quickly resolve any problems that MARCHON encounters while processing your order. You shall make and keep a copy of all records relating to your order, including without limitation your order confirmation page.

Any applicable taxes and shipping and handling charges are additional. All prices are listed in U.S. dollars and are subject to change without notice.

All items are subject to availability and MARCHON reserves the right to impose quantity limits, to reject all or part of an order, and to discontinue products without notice.

12. SHIPPING*

To make a purchase on any of the Sites, you must have a United States shipping address. For international purchases on mymarchon.com, dragonalliance.com or Scandinavian Eyewear’s e-store www.sestore.se, please consult the conditions on International Use (no. 27 of these Terms and Conditions). Shipments will not be made to a post office box. Shipping and handling fees are available at check-out and MARCHON reserves the right to change the fees from time to time without notice. You agree to be bound by the details that appear when you complete your order. Shipping and handling fees may or may not reflect actual costs.

All orders are shipment contracts, not destination contracts. Any shipping time shown on the Sites is an estimate only and actual delivery dates may vary.

13. RETURNS AND PROBLEMS WITH OPTICAL PRODUCTS*

Returns and exchanges are accepted within thirty (30) days of the purchase with receipt. Products must be returned in original packaging. Defective items may be returned at any time within the one-year limited warranty period, unless a longer warranty period is expressly provided with your product. These policies do not apply to normal wear or damage from misuse, abuse or alteration. Shipping charges will be refunded only if an incorrect item was sent, or if the product is found to be defective. For more information, contact the mymarchon.com Customer Service Team at 1.800.645.1300 (U.S. only) or cs@marchon.com.

14. LIMITATION OF LIABILITY

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL MARCHON, ANY MARCHON AFFILIATE, CONTRACTOR, SUPPLIER, SERVICE PROVIDER, EMPLOYEE, AGENT, OR LICENSOR OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES OR ITS SERVICES (THE “MARCHON AFFILIATES”) BE LIABLE IN ANY MANNER WHATSOEVER (A) FOR ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITES; (B) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) FOR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR USER GENERATED CONTENT OR OTHER INFORMATION; AND (D) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES, LOST PROFITS, LOST DATA ON YOUR EQUIPMENT, OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY SERVICE, PRODUCT, INFORMATION OR FUNCTIONALITY), EVEN IF MARCHON OR THE MARCHON AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR MISREPRESENTATION.

THE AGGREGATE LIABILITY OF MARCHON AND THE MARCHON AFFILIATES RISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO (1) THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT WILL NOT EXCEED THE LESSER OF (a) TOTAL AMOUNT PAID BY YOU TO MARCHON FOR THE TRANSACTION AT ISSUE, OR (b) $0 IF NO AMOUNT WAS PAID TO MARCHON AS PART OF YOUR USE OF THE SITES,* OR (2) SUBSTITUTION OR REPLACEMENT OF THE ITEM GIVING RISE TO THE DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.

15. DISCLAIMER OF WARRANTY

USE OF ANY OF THE SITES IS ENTIRELY AT YOUR OWN RISK. MARCHON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITES AND THEIR SERVICES. EXCEPT AS SET FORTH BELOW, THE SITES AND THEIR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MARCHON DOES NOT WARRANT THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITES ARE ACCURATE, RELIABLE, UNINTERRUPTED, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR ANY INFORMATION RECEIVED THROUGH THE SITES IS FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON YOUR JURISDICTION.

16. INDEMNIFICATION

You agree to defend, indemnify and hold harmless MARCHON and MARCHON Affiliates from all liabilities, claims and expenses, including without limitation attorney’s fees that arise from your use of the Sites or any services, information or products of the Sites or any violation of these Terms and Conditions.

17. THIRD-PARTY BENEFICIARIES

Except as expressly stated otherwise, there are no third party beneficiaries of these Terms and Conditions.

18. TERMINATION

MARCHON may suspend or terminate your use of and access to the Sites immediately at any time without notice, with or without cause. You shall remain liable for any obligation, including any amount due that you incurred before suspension or termination. Any actions in violation of these Terms and Conditions may subject you to civil and criminal legal penalties and MARCHON reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions.

You may terminate your use of the Sites and your username and password at any time by contacting the MARCHON Customer Service Team at 1.800.645.1300 (U.S. only) or cs@marchon.com.

You shall remain liable for any obligation, including any amount due that you incurred prior to termination.

19. CHOICE OF LAW AND FORUM

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without reference to its choice of law rules. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in New York, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings will be conducted in English.

20. NOTICE AND COMMUNICATIONS

You agree that MARCHON or its suppliers and service providers may communicate with you by e-mail about current or past orders and all related matters, including without limitation delivering notices or disclosures to you. MARCHON or its suppliers and service providers reserve the right to communicate with you by other means, including without limitation postal mail, from time to time.

21. SEVERABILITY

If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision. The unenforceable provision will be amended so as to best accomplish the objectives of the provision within the limits of applicable law.

22. NO WAIVER

Neither the failure nor delay of MARCHON to exercise any right, remedy, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege, nor will any waiver of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by MARCHON.

23. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE

IT IS MARCHON’S VIEW THAT THE SITES DO NOT CONTAIN MATERIALS THAT WOULD TYPICALLY BE THE SUBJECT OF FILTERING SOFTWARE. NEVERTHELESS, ALL USERS ARE HEREBY INFORMED BY MARCHON, THE PROVIDER OF THIS INTERACTIVE COMPUTER SERVICE, THAT PARENTAL CONTROL PROTECTIONS (SUCH AS COMPUTER HARDWARE, SOFTWARE OR FILTERING SERVICES) ARE COMMERCIALLY AVAILABLE THAT MAY ASSIST IN LIMITING ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS. A REPORT DETAILING SOME OF THOSE PROTECTIONS CAN BE FOUND UNDER THE CHILDREN’S INTERNET PROTECTION ACT: REPORT ON THE EFFECTIVENESS OF INTERNET PROTECTION MEASURES AND SAFETY POLICIES (HTTP://WWW.NTIA.DOC.GOV/NTIAHOME/NTIAGENERAL/CIPA2003/INDEX.HTML)

24. NOTICE OF NO HARVESTING OR DICTIONARY ATTACKS ALLOWED

MARCHON WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES PROVIDED IN CONNECTION WITH THE USE OF THE SITES TO ANY OTHER PARTY FOR THE PURPOSE OF INITIATING OR ENABLING OTHERS TO INITIATE EMAIL MESSAGES EXCEPT AS STATED IN THE PRIVACY AND SECURITY POLICY OR BY YOUR CONSENT. EXCEPT FOR PERSONS REFERENCED IN THAT POLICY (IF ANY) AS AUTHORIZED RECIPIENTS OF THOSE ADDRESSES, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

25. QUESTIONS, COMPLAINTS AND ADDITIONAL INFORMATION

Any questions, comments or complaints regarding the Sites should be directed to the MARCHON Customer Service Team at 1.800.645.1300 (U.S. only) or cs@marchon.com.

The Sites are owned by Marchon Eyewear Inc. Additional information regarding Marchon Eyewear Inc. may be requested by writing to:

Marchon Eyewear Inc.
Attn: Customer Service
35 Hub Drive
Melville, NY 11747

MARCHON responds to emails, electronic messages, and other communications transmitted via the Sites as soon as reasonably practical. MARCHON’s response time shall not exceed any maximum time period that may be specified by law.

27. INTERNATIONAL USE

MARCHON controls and operates the Sites from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. If you purchase optical products through mymarchon.com, sestore.se or dragonalliance.com from outside the United States, you must be aware that the purchase and shipping/delivery conditions applicable to that purchase may deviate from these Terms and Conditions. Please consult the relevant terms and conditions presented to you prior to your purchase.

* Purchases on mymarchon.com and sestore.se: Prescription and non-prescription optical products and related accessories are offered for sale and available for purchase on a business-to-business basis to accounts authorized by MARCHON to use mymarchon.com or sestore.se.
* Purchases on dragonalliance.com: Prescription and non-prescription optical products and related accessories are offered for sale and available for purchase to the general public on dragonalliance.com.
* Products and accessories on marchon.com or pureeyewear.com are provided for informational purposes only and not for purchase.
** Usernames and passwords are not required on marchon.com or pureeyewear.com.
 

PRIVACY AND COOKIE POLICY

This Privacy and Cookie Policy (this “Policy”) describes how Marchon Eyewear Inc. (“Marchon” or “we”) collects and processes your personal information. By using the marchon.com, mymarchon.com or other websites operated by Marchon or its affiliated companies such as the dragonalliance.com, flexon.com, pureeyewear.com, or those of its other house brands (each, a “website”) or by submitting your personal information to Marchon, you acknowledge that you have read and understood, and agree to the use of your personal information by Marchon in accordance with this Policy.

We reserve the right to revise this Policy or any part of it from time to time. Please review the Policy periodically for changes.

What personal information we collect and why?

Marchon collects the personal information it needs to provide services and information to customers and for its business operations. If you choose not to provide certain personal information to us, we may not be able to provide you with the services you require or otherwise access certain parts or functions of our website.

The following are the main purposes for which and when we collect your personal information when visiting the website:

• When you access and use the website
  When you access and browse the website, certain information may be passively collected as further explained in this Policy (please see “How we collect personal information”).
• When you enroll in our services
  When you obtain a service, download materials, subscribe to or participate in certain Marchon programs, promotions or contests, Marchon may require you to create a user account and maintain a user profile or otherwise enter your personal details. You may control your preferences for using the website, or for receiving electronic and marketing information, including opt-in or opt-out of certain programs and interests. You can access your user profile at any time to change your preferences or make other modifications.
• To assist with your queries 
  You may also choose to provide us with your name or other contact details when you contact us using our website so that we can respond to your requests for information about Marchon’s products or services or that of its affiliates or business partners.
• If you are one of our business partners
  As a business partner with a registered user account, we collect your contact information and other relevant information to provide you with products and services you request or purchase from us. We also make some of this information available on this website so that our customers are able to find points of sale within our network.

How we collect personal information

(i) Active collection

Active collection with respect to the information that you disclose to Marchon when you visit the website may include your name, company name, job title, home and business address, email address, telephone number, mobile number or other contact information, and demographic information such as your gender, postal code, country, preferences, as well as username and password, or delivery and fulfilment information as may be necessary, and such other personal information that Marchon may request and you elect to disclose to Marchon from time to time.

We ask that you not send us, and you not disclose, any sensitive personal information such as health related information. If, contrary to this request, you do provide any sensitive information, in doing so you expressly consent to us collecting and handling that sensitive information in accordance with this Policy.

(ii) Passive collection

Passive collection through the use of cookies and similar tools of certain technical data such as your Login, your IP-address (the unique numbers which identify the network and device you are using) and date and time of sign in. Marchon also passively collects how you use the website and services, for example, what areas you access, what content you browse or download, what services you access and for how long.

How we use personal information?

We generally use your personal information for the purposes described in this Policy, and for related purposes insofar not incompatible with the stated purposes (or otherwise as required or authorised by law).

We may use the data that is passively collected for the purposes of determining effective click-path flow and to manage the website, resolve technical failures, testing or improving accessibility to certain parts of the website allowing us to ensure that you can reach the information on the website quickly and easily.

Further, we may use passively collected data for the purpose of market and product analysis and to improve user experience through collecting aggregate or statistical review of user site traffic patterns.

Passively collected information does not identify you to Marchon by name, and Marchon does not link your IP-address to you or to any personally identifiable information.

If you have agreed or asked, we may also use your personal information to keep you up to date with information about our products and services or those of our affiliates or business partners or to provide you with special notices. We will not contact you by telephone, fax, or other means unless you have explicitly requested us to contact you in that manner. If you do not want us to use your personal information in this way or send you any further information, you can always let us know by contacting us through the contact details given below.

All recipients of personal information will be required to keep the personal information secure, and a data recipient that qualifies as a data processor will be required to process the personal information only in accordance with our instructions.

Disclosures and Data Transfer

Marchon may disclose and transfer your personal information to IT providers, subcontractors and other third party service providers that assist with the operation of the website, or with the delivery of products, provision of services, or the performance of associated activities.

We may disclose your personal information to law enforcement authorities or other government officials, only when required by law (including applicable Freedom of Information or similar law) or by legal process, when necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraud or illegal activity.

We may also disclose and transfer your personal information, subject to the requirements of applicable law and as necessary or appropriate, to protect the security of the website, to protect Marchon, its subsidiaries, directors, officers, and employees or other parties, or in connection with the sale or transfer of all or part of the business of Marchon.

Because Marchon is part of a global group of companies, personal information that you submit to us may be transferred, accessed and stored globally, as necessary for the provision of the products and services, and for the reasonable conduct of our business operations and activities. Some recipients of the personal information may be located within your home jurisdiction or elsewhere, including countries that do not offer an adequate level of protection within the meaning of the European Data Protection Directive (95/46/EC). Marchon will ensure that the data recipient adequately safeguards the personal information.

By providing your personal information to us, you consent to the disclosure of your personal information outside your jurisdiction and overseas.

The use of cookies

We use cookies and similar tools across our website to improve its performance and enhance your user experience. Cookies are small, alphanumeric identifiers that are transferred to your computer or mobile device when you first visit our website. Cookies enable the website to recognize your computer or device upon your next visit of the website, analyze how well our website is performing and to provide personalized features. Marchon may also use web beacons (i.e. tracking pixels) or other similar files that enable to do the same thing. Marchon uses the term “cookies” in this Policy to refer to all files that collect information in this way.

What type of cookies do we use?

Essential cookies

Some cookies used are essential for the operation of the website. These cookies are so-called essential cookies. For example, some cookies allow us to identify registered users and ensure they can access their user accounts or use other requested services, like shopping baskets or e-billing. Without these cookies, those services cannot be provided. Most of the essential cookies used on the website are session cookies. Session cookies are deleted from your computer or device upon closing your browser session.

Functionality cookies

Functionality cookies allow us to remember your preferences. Users can choose to have their User ID retained by checking the box next to “Remember my User ID” in the sign-on field. By doing so, a cookie will be saved on the computer’s hard drive allowing the User ID to automatically populate the sign-on field each time you return to the page and to recall your customization preferences when you log in. The functional cookies used by Marchon are exclusive to the website and cannot be obtained or read by other websites. The functionality cookies used on this website are persistent cookies. Persistent cookies remain stored on your computer or device until you delete them manually or until they expire.

Performance cookies

Marchon will collect data about your activities when visiting the website. This information may include the content you view, the date and time you are viewing this content, the products you purchase, or your location information associated with the user’s IP address. These cookies are so called performance cookies and do not collect any information that could identify you. All information these cookies collect is aggregated and therefore anonymous and is only used to help us improve how our website works, understand your interests and measure how effective our content is. The performance cookies used on the website are either session or persistent cookies.

Behaviorally targeted advertising cookies

MARCHON uses technologies such as cookies and pixels to keep track of your activities on our website and that of its affiliated companies and may use those cookies to serve you more relevant advertisements in respect of our products. We do not track your interaction with unaffiliated websites nor do we share your personal data with any of our advertisers. The advertisement cookie used on the website is a persistent cookie.

Third party cookies

MARCHON uses third-party cookies, which are cookies that are set by a domain other than that of this website. If you visit the website and another entity sets a cookie through the website, this would be a third-party cookie.

MARCHON uses the following third party cookies:

Provider of cookie

Category

Purpose of Cookie

Duration

Google Analytics

Performance

Web analytics (anonymous usage statistics)

2 years

Double Click

Advertising

Tracking browsing behavior

18 months

For more information on the applicable policies for the use of the third party cookies, please visit:

http://www.google.com/intl/en/policies/privacy/

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

Is it possible to block the use of cookies?

You can withdraw your consent at any time by deleting the cookies using your internet browser settings. The Help portion of the toolbar on most browsers will tell a user how to prevent the browser from accepting new cookies, provide notification if new cookies are received, or disable cookies altogether.

Please note that if you use your browser settings to block all cookies, you may not be able to access all or parts of the website.

If you are based in the European Union and would like to learn more about cookies or to choose not to receive them, please visit www.youronlinechoices.eu or www.allaboutcookies.org. If you are based in the United States and would like to learn more, please visit http://www.aboutads.info/choices/.

How secure is your personal information?

Pursuant to applicable laws and regulations, Marchon maintains appropriate technical and organization measures to protect your personal information against accidental or unlawful destruction or loss, alteration, unauthorized disclosure or access.

Links to unaffiliated websites

Our website contains links to unaffiliated websites. We are not responsible or liable for the privacy practices or the content of such unaffiliated websites. The privacy policies applicable to such other websites may differ substantially from this Policy, so we advise you to read them before using those unaffiliated websites.

Public Forums

We may make chat rooms, forums, message boards and news groups available to website users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas.

Access, correction and opting out

If want to exercise your right to see a copy of the information that we hold about you, or think that information we hold about you may need to be corrected, want to delete all or any part of it or to object to the processing on legitimate grounds, please contact us with enquiry topic “Data privacy”, or alternatively send a signed letter to the address listed below. See the About Us section of our website for information on our offices worldwide. Marchon will make every reasonable effort to promptly comply with your request. Marchon may, however, limit access to your personal information where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by international standards. To protect your privacy and security, Marchon may take reasonable steps to verify your identify before responding to your request.

You may always opt out of receiving future communications from Marchon by contacting us through the contact details given below. We aim to remove you from the subscriber list within ten (10) business days from receipt of your request

More information?

If you have any queries or would like further information about our privacy policies or practices, or would like to tell us that you do not want us to use your personal information to contact you with our newsletter or with information about products or services, please contact the Marchon Customer Service at:

Marchon Eyewear Inc.
35 Hub Drive
Melville, NY 11747

e-mail: cs@marchon.com

phone: 1.800.645.1300 (U.S. only)

Visiting www.marchon.com and using the Contact Us form (only if available)