PRIVACY POLICY

1. ABOUT THIS PRIVACY POLICY

1.1 Gelflex Europe BV, a private company, located in 7496 CC Hengevelde, The Netherlands, Het Assink 8a, Chamber of Commerce number 82179115. Gelflex Europe B.V. also trades under the name “Sofclear Contacts” has implemented this Privacy Policy to provide information about what kinds of Personal Information we may collect or hold, how we collect, hold, use and disclose that Personal Information, choices you have regarding our use of that Personal Information, and your ability to access or correct that Personal Information. If you wish to make any inquiries regarding this Privacy Policy, you should contact us in any of the ways specified in paragraph 15.


1.2 Sofclear Contacts is related to other companies and entities (related entities). This Privacy Policy applies to the use of your Personal Information by us and by those related entities. Those related entities may also have their own privacy policies which set out additional detail or differences in their privacy practices. To the extent that those privacy policies are inconsistent with this Privacy Policy, those privacy policies will prevail over this Privacy Policy in relation to the actions of those related entities.

2. PERSONAL INFORMATION

2.1 “Personal Information” is information whether recorded in a material form or not, about an identified individual or company.

3. WHAT PERSONAL INFORMATION DO WE COLLECT AND HOLD?

3.1 The types of Personal Information we may collect about an individual or company will depend upon the nature of our interaction with them. Personal Information that we collect may include (but is not limited to) the following:

  • First name, last name and date of birth
  • current address (including postal address and billing address)
  • contact details including telephone numbers (business, landline and/or mobile)
  • email address
  • payment details, such as credit card or bank account details
  • lens prescription details or related health issues details of a patient as provided to us by their professional healthcare provider with their permission.
  • account information (e.g. user name and password)
  • geographical location (country of residence)
  • consumption habits and preference information from publicly available social media accounts and profiles
  • any information that you otherwise share with us

3.2 We may collect and record Personal Information about individuals such as:

  • existing or potential customers and business partners
  • contractors and subcontractors and potential contractors and subcontractors and their representatives in relation to providing goods and services to us
  • our employees past and present, including applicants, and
  • any other person who comes into contact with Sofclear Contacts.

Payment Gateway

3.3 All purchases that are made through the Website are processed securely and externally by our secure third-party payment gateway. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the payment gateway, other than information that is required in order to process your orders and deliver your product items to you (e.g. your first and last name, email address, billing, and postal address). For more information about the Payment Gateway, see the Shopify Payments website https://www.shopify.com/legal/privacy.

4. HOW AND WHEN DO WE COLLECT PERSONAL INFORMATION?

4.1 We collect your Personal Information to allow us to conduct our business functions, to provide, market and sell our products and services and for the specified purposes set out in paragraph 6. In some circumstances the collection of Personal Information may be required by applicable data protection laws.

4.2 We may collect your Personal Information in the course of providing you with goods or services, or:

  • when you use this Website, including (without limitation) when you create a user account
  • when you provide us additional information to your user profile
  • when you purchase any product through the Website
  • when you provide information to us in any way (including by completing a form, disclosing information over the phone or via email, or providing us a business card)
  • when you add reviews, forum or chat room message or comments in any element of the Website that permits user-generated content.
  • when your Optometrist provides information to us so we can supply you suitable contact lenses
  • when you request information about us, our products or our services, including by filling out our online contact form requesting more information about a product or service
  • when you provide feedback to us
  • when you visit or fill in a form on our Website (see paragraph 5)
  • when you visit premises from which we operate
  • when you otherwise contact us by telephone, fax, email, social media, post or in person, or
  • where we are otherwise required or authorised by applicable data protection laws to do so.

4.3 If the Personal Information we collect includes sensitive information including your prescription details or other associated health information, we will assume it has been provided by your professional healthcare provider with your consent.

4.4 Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.

4.5 If you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, or if we do not or are unable to collect the Personal Information we require, it may adversely affect our ability to process your request or serve you as a customer or business partner, and we may not be able to provide you with requested information, products or services, or to effectively conduct our relationship with you.

5. INFORMATION COLLECTED VIA OUR WEBSITE

5.1 Personal information may be collected by us and by our third party service providers who assist us in operating our website at www.sofclearcontacts.com including its subdomains and any other website we operate from time to time (collectively the Website).

5.2 We may use various technological methods from time to time to track the visiting patterns of individuals accessing our Website, including but not limited to the methods set out in this paragraph 5.

Google Analytics

5.3 We use Google Analytics to help analyse how you use our Website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated is used to create reports about the use of our Website. Google will store this information.

5.4 If you do not want your Website visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more details on installing and uninstalling the add-on, please visit the Google Analytics opt-out page at https://tools.google.com/dlpage/gaoptout

Click Stream Data

5.5 When you read, browse or download information from our Websites, we or our internet service provider may also collect information such as the date, time and duration of a visit, the pages accessed, the IP address of your computer, and any information downloaded. This information may be used for purposes including statistical, reporting and website administration, maintenance and improvement purposes.

Cookies

5.6 Our Website may use ‘cookies’ from time to time. A cookie is a text file that a Web browser stores on a user’s machine. Cookies are a way for Web applications to maintain application state. They are used by websites for authentication, storing website information/preferences, other browsing information and anything else that can help the Web browser while accessing Web servers. Cookies may be used on our Website to monitor web traffic, for example the time of visit, pages visited and some system information about the type of computer being used. We use this information to enhance the content and services offered on our Website.

5.7 Cookies are sometimes also used to collect information about what pages you visit and the type of software you are using. If you access our Website or click-through to our Website from a link in an email we send you, a cookie may be downloaded onto your computer’s hard drive.

5.8 Cookies may also be used for other purposes on our Website.

5.9 You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

5.10 If you disable the use of cookies on your web browser or remove or reject specific cookies from our Website or linked sites then you may not be able to gain access to all of the content and facilities in those websites.

Third party content (e.g. Social Media Links)

5.11 Some of the content on our Website includes applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms. These third party applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them. We are not responsible for the technical operation of these applications or the collection and use practices of the relevant third parties. Please visit the relevant third-party websites to understand their privacy practices and options they may make available to you in relation to their collection of your Personal Information.

5.12 Our Website also contains links to other websites operated by third parties. We are not responsible for the privacy practices or the content of such websites, including any sites that may indicate a special relationship or partnership with Sofclear Contacts (such as co-branded pages or pages where this relationship is otherwise identified). You should review the privacy policy of the relevant website operator before providing your personal details to any third-party websites.

6. HOW DO WE USE YOUR PERSONAL INFORMATION?

6.1 We use the Personal Information we collect about you for our business functions and activities, in order to operate our business efficiently, and to market our products and services for the benefit of our customers.

6.2 We may collect, hold and use your personal information:

  • to verify your identity
  • to assist you to place orders through the Website
  • to identify and communicate with you
  • to enable us to provide you with requested information, products or services
  • to invoice, collect and process payments, including for products and services
  • to help us to manage and enhance products or services we provide to you
  • to personalise and customise your experiences on our Website
  • to manage and administer any account you may hold with us
  • to carry out debt recovery functions
  • to provide you with information that we believe may be of interest to you or that you may be interested in receiving, including advertising material, regarding us, our clients, and our business partners (subject to your prior approval if required by applicable data protection laws)
  • to provide our newsletter updating you on the latest Sofclear Contacts news, promotions and product updates
  • to conduct research for the purposes of improving existing products or services or creating new products or services
  • to help us research the needs of our customers to enable us to market our products and services with a better understanding of your needs and the needs of customers generally
  • to process any job application submitted by you
  • to respond to any queries or complaints you may have, or
  • to comply with our statutory and legal obligations.

6.3 We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, but we have no obligation to monitor the use of the Website or to retain the content of any user session.

6.4 You consent to us using your Personal Information in the above ways and as set out in this Privacy Policy.

6.5 We may otherwise collect, use or disclose your Personal Information where the collection, use or disclosure is:

  • in accordance with this Privacy Policy or any agreement you enter into with us, or
  • required or authorised by applicable data protection laws, including without limitation the Australian Privacy Principles under the Australian Privacy Act 1988 (Cth) (Australian Privacy Act).

7. WHEN DO WE DISCLOSE YOUR PERSONAL INFORMATION?

7.1 Sofclear Contacts may disclose, or provide access to, your Personal Information to third parties in connection with the purposes described in paragraph 6. Depending on the circumstances and the nature of your engagement with us, we may disclose your Personal Information to our related entities, to third parties that provide products and services to us or through us, or to other third parties where requested or indicated by you (such as your referee(s) in connection with a job application you have submitted). We may also disclose your information in the good faith belief that such action is reasonably necessary to comply with applicable legal process, respond to any claims against us or to protect the rights, property or personal safety of Sofclear Contacts, our customers or the public.

7.2 We may also disclose your Personal Information to:

  • any of Sofclear Contacts internal divisions, business units or departments
  • your nominated representatives
  • professional service providers and advisors who perform functions on our behalf, such as Optometrists, lawyers, accounting firms, auditors and management consultants
  • representatives, agents or contractors who are appointed by us in the ordinary operation of our business to assist us in providing goods or services or administering our business (such as for data storage or processing, printing, mailing, information technology services, marketing, telemarketing, market research, planning and product or service development)
  • debt collecting agencies
  • other entities who are your credit providers or trade suppliers
  • banks, valuers, insurers, brokers, auditors, business consultants and IT service providers, and
  • Government, regulatory authorities and other organisations as required or authorised by applicable data protection laws.

7.3 We may also disclose your Personal Information to our Website host or software application providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner.

7.4 We may also disclose your Personal Information to a purchaser or potential purchaser in connection with the sale or potential sale of Sofclear Contacts, our business or any of our assets, including in insolvency, in circumstances which require the purchaser or potential purchaser to use such Personal Information consistently with this Privacy Policy.

Right to erasure (right to be forgotten)
7.5 You have the right to request that we stop processing, or delete, all your personal information that we hold. If you exercise this right, we will keep a note of your name linked to your request and it will not prevent us from processing any new information you provide to us subsequently.

8. INTERNATIONAL DISCLOSURES

8.1 Some of your Personal Information may be disclosed, transferred, stored, processed or used outside of your country of residence by us, or by third party service providers. This may happen if:

  • our offices or related entities are in located in those countries
  • we outsource certain activities to those countries
  • you request a product or service offered through the Website which is provided by a company which is located in such a country
  • transactions, information, services or products have an international connection, or
  • our computer systems including IT servers are located in those countries.

8.2 You consent to the collection, use, storage, and processing of your Personal Information outside of your country of residence as set out in this Privacy Policy.

8.3 In particular, your Personal Information may be disclosed to our related entities and offices internationally (see https://www.sofclearcontacts.com for a list of countries in which our offices are currently located) and to third parties in New Zealand, India, and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy. In these circumstances, you consent to the collection, use, storage and processing of your Personal Information in those countries, without us being responsible under applicable data protection laws for such use (or for any breach). Wherever such parties are located, as the case may be, you may have rights to enforce such parties’ compliance with applicable data protection laws (applicable data protection laws in your country of residence) in relation to how those parties treat your personal information.

9. OTHER USES AND DISCLOSURES

9.1 We may collect, use and disclose your Personal Information for other purposes not listed in this Privacy Policy. If we do so, we will make it known to you at the time we collect or use your Personal Information.

10. MARKETING

10.1 You consent to us using your Personal Information to send you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future (subject to your prior consent, if required by applicable data protection law). We may also send you, from time to time, such information by means of direct mail, telemarketing, email, SMS and MMS messages (again subject to your prior consent, if required by applicable data protection law).

10.2 If you do not want to receive marketing information from us or if you want to stop receiving telemarketing, you can unsubscribe in any of the following ways:

  • Clicking on the ‘Unsubscribe’ or subscription preferences link in a direct marketing email that you have received from us, or
  • Contacting us using the contact details specified in paragraph 15.

11. STORAGE AND SECURITY OF PERSONAL INFORMATION HELD BY US

11.1 We aim to keep your Personal Information secure. Any Personal Information that is collected via our Website or which is held on our computer systems is protected by safeguards including physical, technical and procedural methods.

11.2 If we find that we no longer require or have no further need for your Personal Information we may de-identify it or remove it from our systems and destroy all record of it.

12. YOU CAN ACCESS AND UPDATE YOUR PERSONAL INFORMATION

12.1 You are generally entitled to access Personal Information that we hold about you. If you request access to your Personal Information, in ordinary circumstances we will give you full access to your Personal Information. Depending on the nature of the request, Sofclear Contacts may charge for providing access to this information, however such charge will not be excessive. However, there may be some legal or administrative reasons to deny access. If we refuse your request to access your Personal Information, we will provide you with reasons for the refusal where we are required by applicable law to give those reasons.

12.2 We take all reasonable steps to ensure that any Personal Information we collect and use is accurate, complete and up-to-date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested, and properly update the information provided to us to keep it true, accurate, current and complete.

12.3 Please contact us in any of the ways specified in paragraph 15 if you believe that the Personal Information is inaccurate, incomplete or out of date, and we will use all reasonable efforts to correct the information.

12.4 It would assist us to ensure we properly understand your request, and allow us to respond more promptly, if requests are made in writing and include as much detail as possible.

13. HOW DO WE DEAL WITH COMPLAINTS ABOUT PRIVACY?

13.1 If you feel that we have not respected your privacy or that we have conducted ourselves inconsistently with this Privacy Policy, please contact us in any of the ways specified in paragraph 15 and advise us as soon as possible. We treat all complaints on a case by case basis and will investigate your queries and privacy complaints within a reasonable period of time depending on the complexity of the complaint.

13.2 It would assist us to respond to your complaint promptly if it is made in writing. Please detail information relevant to your complaint.

13.3 We will notify you of the outcome of our investigation.

14. UPDATES TO THIS PRIVACY POLICY

14.1 We may, from time to time, review and update this Privacy Policy, including to take into account new laws, regulations, practices and technology. All Personal Information held by us will be governed by our most recent Privacy Policy, posted on our Website at: www.sofclearcontacts.com where the Privacy Policy will be located. Any changes to this Privacy Policy may be advised to you by updating this page on our Website. We encourage you to check this document from time to time for any changes.

15. WHAT TO DO IF YOU HAVE A QUESTION, PROBLEM OR WANT TO CONTACT US ABOUT OUR USE OF YOUR PERSONAL INFORMATION OR THIS PRIVACY POLICY

15.1 If you:

  • have a query or concern about this Privacy Policy or our Personal Information handling processes
  • wish to make a complaint in relation to a breach of your privacy
  • would like to access your Personal Information held by us
  • would like to update or correct your Personal Information held by us, or

If you would like to opt out of direct marketing, please contact our Privacy Officer via email hi@sofclearcontacts.com

This Privacy Policy was last updated on the 30th July 2021