Privacy Policy

The Personal Data we collect depends on the point of contact through which you interact with us, as well as the purposes of this interaction as described hereafter in this Privacy Notice and are also limited to those which are relevant and appropriate for this interaction. 

3.1 Categories of Personal Data  
 

Some of the personal information we collect, if linked to your Nuance glasses, may be considered sensitive information, including identifiable and contact details, as well as data related to your glasses. Collection of this information is essential for delivering our services and ensuring the proper functioning of the device. Your sensitive information will only be used or disclosed when necessary for the purpose it was collected, or for a closely related secondary purpose, unless you provide consent for other uses or disclosure is required by law. 

If you do not provide the necessary personal information of the kind collected through the website, we may not be able to fulfil any of the services outlined in this Privacy Notice. 

We are required to use your data for purposes defined according to the nature of our relationships. Thus, depending on the context in which your data is collected, it may be used for one or more of the following purposes:  

5.1 What modalities do we use to process your personal data? 

The processing of your Personal Data is carried out, electronically and manually, only within the limits necessary to pursue the purposes outlined above. 

We undertake to protect your Personal Data.  

We advise that the password is one of the protection mechanisms of the account. Therefore, you are invited to use a password sufficiently secure and stored in a safe place, limiting access to it on their own computers and browsers, disconnecting it after having visited the Sites and/or the Services.  

All Personal Data provided by you is kept on secure servers, adopting adequate security measures to protect Personal Data from non-authorized access, to maintain the accuracy of Personal Data and guarantee the proper use of information.  

Furthermore, a secure system for authorizing credit card payments and identifying fraudulent activities is used. We use the standard SSL (Secure Sockets Layer) to protect the confidentiality of your Personal Data. 

5.2 We share your Personal Data with other Affiliates of the Group 

EssilorLuxottica is a global organization with offices and operations throughout the world and most of your Personal Data relating to is stored and processed within a range of global applications that is used globally by the Affiliates of EssilorLuxottica. The majority of the processing of your personal data is carried out through the concentrated services of two entities: Essilor International and Luxottica Group S.p.A. 

We may share your Personal Data with certain Affiliates or Brand of the EssilorLuxottica group, based on your preferences and interests about these Affiliates or Brand, for the purposes set out in this Privacy Notice, in each case in or outside your country, as permitted and required by applicable law and/or in other circumstances with your consent. 

We may also share your information for our internal business purposes. 

Your Personal Data may be shared with our local affiliates, such as Luxottica Retail Australia Pty Limited (ACN 000 025 758) and Luxottica Retail New Zealand Limited (NZCN 636829), to fulfill the objectives detailed in this Privacy Notice, including customer support, updates and communications sent to you and enhancing Nuance Audio performance.

5.3 Is your Personal Data transferred to third parties? 

a. Service provider  

We may disclose your Personal Data with our third parties service providers entrusted with processing activities that provide services or assistance and advice to us, with special – but not exclusive – reference to technology, accounting, administrative, legal, insurance, IT, marketing, customer service, data subjects requests management, data analysis matters.  

Each service provider will act as a data processor, on behalf of and in accordance with the instructions received from us, by virtue of a specific agreement in place per Article 28 of the GDPR, which sets out its obligations and guarantees the implementation of appropriate technical and organizational measures to respect the Applicable Legislation and the protection of your rights.  

We require that any such third-party provider is subject to strict control and implements appropriate guarantees of security and confidentiality of your Personal Data.  

b. Sale or merger 

We may also disclose Users Personal Data: 

• in the event that we sell any business or assets, in which case we may disclose Users Personal Data to the prospective purchaser of such business or assets; or 

• if we sell, buy, merge with, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, Users Personal Data may be among the transferred assets. 

We may share all of the information we collect in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy. 

c. Third Party Social Network Service Providers 

If you decide to log into the Sites and/or the Services through social network applications or to link your account to your public profiles available on social networks, and share your actions through the Site and/or the Services on those channels via the corresponding plug-ins (e.g. Facebook Connect, I like, fb share, etc.), these third-party services may be able to collect information about you, including information about your activity on the Sites or/and the Services, and they may notify you connections on the third-party services about their use of the Sites and/or the Services. Their use of your Personal Data is not governed by this Privacy Notice but in accordance with their own data protection policies.  

d. Legal process  

We may disclose your Personal Data to any authority, court, administrative body, or other authorised third party (including, without limitation, counsel), where the disclosure of Personal Data is required by law, regulation or court order or where such disclosure is necessary for the protection and defence of our rights. 

e. Other instance 

We may ask if you would like to disclose your information with other third parties who are not described elsewhere in this Privacy Notice. Furthermore, we do not sell, rent, or lease your Personal Data to third parties but we may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest for you. In those cases, without your consent, your Personal Data would not be transferred to the third party. 

The abovementioned recipients will process your Personal Data as data controllers, data processors or persons in charge of processing, depending on the circumstances. 

More info on the categories of data processors is available on request. 

5.4 Is your Personal Data transferred across the border? 

Given the presence of EssilorLuxottica in many countries around the world and to provide you with personalized service worldwide, some of your data may be collected, accessible or stored outside your country of residence. 

As a result of the above, your Personal Data may be accessed and/or transferred to countries which do not have equivalent data protection laws to those required within the European Economic Area (EEA). 

In such cases, EssilorLuxottica ensures that, at all times, appropriate safeguards are implemented to ensure that your Personal Data is processed in accordance with applicable legislation. In this respect, where your Personal Data is processed by another EssilorLuxottica entity, the safeguards are based on the commitments taken on the basis of (ii) a dedicated transfer agreement binding upon the EssilorLuxottica entity involved in the processing and (ii) a set of common rules applicable through the EssilorLuxottica Group Data Protection Policy.  

Where your data is processed by EssilorLuxottica entities or third parties located outside the European Economic Area, EssilorLuxottica ensures that specific contractual protection is implemented to ensure that this requirement is addressed in accordance with the Applicable Legislation as per Articles and s 

For further information regarding the appropriate or suitable safeguards and the means by which to obtain a copy of them, you can contact us with the modalities as per this Privacy Notice. 
 

EssilorLuxottica is a company incorporated and headquartered in Italy, operating under Italian law. As such, you consent to your personal information being transferred and processed in countries outside of Australia and New Zealand including Italy, United States of America, Canada, the United Kingdom, Ireland, France, Switzerland, Norway, Turkey, Thailand, India, China, and other EU member states for the purposes described in this Policy, including storage purposes. These countries may have different privacy laws, but we will ensure that your personal information remains adequately protected in a way that provides comparable safeguards to those provided under the Privacy Act AU and/or the Privacy Act NZ, as applicable. Where we disclose your personal information, we will take reasonable steps to ensure that such information is accurate, up to date, complete, relevant and not misleading. 

5.5 For how long do we retain your Personal Data? 

We retain all or part of your Personal Data for the time strictly necessary for the reason:  

a. to meet applicable statutory requirements for data retention, 

b. to meet and comply with our legal and/or contractual obligations, 

c. for as long as necessary to carry out each of the purposes mentioned in this Data Protection Privacy Notice, including for the purposes of satisfying any legal, accounting, reporting requirements.  

To determine the appropriate retention period for Personal Data, we consider jointly the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.  
 
To determine the appropriate retention period for Personal Data, we consider jointly the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. 

In particular, we hereby specify that your Personal Data will be retained for a period of 10 years for our invoicing and accounting purposes, save for the circumstances in which applicable laws may provide for different retention requirements. 

Furthermore, if you have consented to the processing of your Personal Data for marketing activities (e.g., commercial and promotional communications, commercial newsletters, personalized offers, periodical updates related to our products, services initiatives and events, etc.), such a Data will be retained for 10 years as from the last interaction as for customers and for 2 years from the last interaction as for prospects. Last interaction is defined as the last contact you made and that is traceable by our systems or salespersons. 

In any case, please note that, as general rule, within EssilorLuxottica, retention and archiving of Personal Data will not exceed 10 (ten) years overall calculated as of the first record and/or consent renewal and/or any other relevant interaction, exception made for further legal hold obligations. 

In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case we may use such information without further notice to you.  

For any additional information on the retention of your Personal Data, you can contact us at the email address set out in section 8 of this Privacy Notice.

5.6 We keep your data safe, updated and accurate 

EssilorLuxottica has a responsibility for the security and accuracy of the Personal Data that it processes about you and also for keeping data up to date. EssilorLuxottica has taken steps to eliminate duplicate copies of data and to facilitate updating of data that may change over time. 

EssilorLuxottica regards the protection of Personal Data as an essential priority.  

In this respect, EssilorLuxottica has implemented appropriate measures and safeguards to protect the Personal Data it processes.  

This is reflected in EssilorLuxottica’s procedures described in the EssilorLuxottica Group Data Protection Program, guidelines and policies and in the actual measures implemented throughout the Group. 

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions, and they are subject to a duty of confidentiality. These measures range from technical security measures that protect IT systems to the physical security measures employed at EssilorLuxottica sites. EssilorLuxottica also requires its staff to participate in information security trainings. Details of these measures may be obtained from the Group Information Security Department. 

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Where there has been unauthorised access to, or unauthorised disclosure of personal information which is likely to result in serious harm to individuals, Luxottica will notify, with respect to users in Australia, the Office of the Australian Information Commissioner (OAIC), with respect to users in New Zealand the Privacy Commissioner, and affected individuals, as required by law.

You can exercise any of the following rights, subject to verification of your identity where necessary:

a) Right of Information and Access
You may request the confirmation of the existence of your Personal Data and to be informed of its content and source and obtain a copy of those Personal Data which our databases currently contain, Right to Rectification
You may request to rectify what Personal Data our databases currently contain. We may not accommodate a request to change Personal Data if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

b) Right to Restriction of the Processing

When applicable, you may restrict the Processing of your Personal Data. When such restrictions are not possible, we will advise them accordingly. You can then choose to exercise any other applicable rights under this Privacy Notice, including withdrawing your consent to the processing of your Personal Data.

c) Right to Object to the Processing
When applicable, you have the right to object to the Processing of your Personal Data on grounds relating to your particular situation, if the Processing is based on our legitimate interest. In addition, you have the right to object at any time to Processing where Personal Data are Processed for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing, and to object to any automated decision-making.

When such objections are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this
Privacy Notice, to include withdrawing your consent to the Processing of your Personal Data.

d) Right to Erasure

If you wish to have your Personal Data deleted, then you may submit a request. Upon receipt of such a request for erasure, we will confirm receipt and confirm once your Personal Data have been deleted.

e) Right to Data Portability

Upon request and when possible and where applicable by local laws, we can provide to you with copies of your Personal Data. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Privacy Notice, including withdrawing your consent. Where applicable, we will ensure such changes are shared with any trusted third parties.

f) Right to Withdraw Your Consent

Where Processing is based on consent, you may withdraw your consent at any time to the Processing of your Personal Data. Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop Processing your Personal Data. c) Right to Object to the Processing

g) Right to Lodge a Complaint with the Relevant Data Protection Supervisory Authority

If you are not satisfied with the way we Process your Personal Data and/or responds to a request to exercise the rights you have exercised, you can lodge a complaint with the relevant data protection competent supervisory authority.

We do not process Personal Data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.


Additional US State Rights

Depending on which US state in which you reside or are located, you may have certain additional rights regarding your Personal Data. We will verify your identity either to a “reasonable degree of certainty” or “reasonably high degree of certainty” depending on the sensitivity of the Personal Data, the risk of harm to you by unauthorized disclosure, deletion, or correction, and as required by applicable law. To do so, we will ask you to verify data points based on information we have in our records concerning you. If you are submitting a request on behalf of an individual, please submit the request through one of the designated methods listed below


a) Right of Information and Access

In addiction of the point A. of this paragraph, , you may request the access to the including the categories of Personal Data, the categories of sources from which we collected Personal Data, the business or commercial purpose for collecting, selling, or sharing Personal Data (if applicable), the categories of third parties to whom we disclose Personal Data (if applicable), and the specific pieces of Personal Data we collected about you.

b) Right to Opt Out of Sale or Sharing (Targeted Advertising)

You have the right to opt out of the sale or sharing of your Personal Data. You may submit a request to opt out of a sale or sharing by writing to privacyoffice@luxotticaretail.com If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out. Please see the Universal Opt-Out Mechanism section for more information.

c) Right to Limit Our Use or Disclosure

If we use or disclose sensitive Personal Data for purposes other than those allowed by applicable law, then you may submit a request to limit our use of disclosure of your sensitive Personal Data.

d) Right Not to Receive Discriminatory Treatment

You have the right not to receive discriminatory treatment by the business for the exercise of your privacy rights.

In order to exercise your rights, please contact:
privacy@essilorluxottica.com or dpo@luxottica.com or privacyoffice@luxotticaretail.com

8.1 Contact of the Data Controller 

The Data Controllers over the processing of your Personal Data are set out in Section 1.1 of this Privacy Notice. 

Should you have questions or comments on this Privacy Notice or on any data processing carried out by us, we may be contacted at the postal address set out in Section 1.1 above and/or at the email address specified in the preceding Section 7. 

. 

8.2 Contact of the Data Protection Officer 

EssilorLuxottica has appointed a Data Protection Officer which can be contacted at the following email address dpo@luxottica.com or through the contact methods provided for in section 8.1 above. 

If you have any questions about this Privacy Notice, or would like to complain about the handling of your personal information, please contact us at nuanceaudio@opsm.com.au for customers in Australia, and at nuanceaudio@opsm.co.nz for customers in New Zealand, mailto:customer.care@luxottica.com.auincluding in the subject “privacy query”. We will respond as soon as possible and no later than 30 days of receiving written notice of a concern. You have the right to access your personal information and seek correction of it. Please contact us if you wish to access your personal data and/or seek correction of your personal information. 

If you are not satisfied with the response or do not receive a response within a reasonable timeframe, you may have the right to take your complaint to the OAIC in Australia. Current contact details for the OAIC are available on the OAIC's website at www.oaic.gov.au. In New Zealand, you can take your complaint to the Privacy Commissioner. Contact details for which are available on its website at www.privacy.org.nz

For legal and/or organizational reasons, this Privacy Notice may undergo changes. We suggest, therefore, to check this Privacy Notice regularly and to refer to the latest version of it, we will post the date it was last updated at the top of this Privacy Notice. 


In any case, an updated version of the Privacy Notice will be always available on the Sites and the Services and we will provide additional notice to you if we make any changes that materially affect your privacy rights. 

In case of interpretation doubts of this Privacy Notice due to translation errors, we invite you to refer to the English version and/or contact us to the email shared in the Section 7.