Your use of the pupillary distance measurement virtual tool provided by FITTINGBOX (the “PDM Service”), as available and accessible on this website or application, is subject to the following data privacy policy (the “Policy”), which includes a class-action waiver and a jury trial waiver for end-users located in the United States.
BY ACCESSING OR USING THE PDM SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, REVIEWED AND AGREED THESE TERMS IN THEIR ENTIRETY, INCLUDING, IF YOU ARE LOCATED IN THE UNITED STATES, THE CLASS-ACTION WAIVER AND THE JURY TRIAL WAIVER.
BY ACCESSING OR USING THE PDM SERVICE, YOU HEREBY GRANT FITTINGBOX ACCESS TO USE YOUR WEBCAM FOR THE SOLE PURPOSE OF PROVIDING THE PDM SERVICES, AS LONG AS YOU ARE USING THE PDM SERVICE.
BY ACCESSING OR USING THE PDM SERVICE, YOU HEREBY CERTIFY THAT YOU HAVE THE FULL LEGAL CAPACITY, I.E. THAT YOU ARE OF LEGAL AGE (AT LEAST 16 YEARS OF AGE) TO ENTER INTO THESE TERMS OR HAVE OBTAINED APPROPRIATE PARENTAL OR GUARDIAN CONSENT TO DO SO.
BY ACCESSING OR USING THE PDM SERVICE, YOU HEREBY CERTIFY THAT YOU WILL BE THE SOLE USER OF SUCH PDM SERVICE FOR THE WHOLE DURATION OF YOUR SESSION.
IF YOU ARE UNDERAGE OR IF YOU LACK CAPACITY TO ENTER INTO A CONTRACT OR IF YOU DO NOT AGREE WITH, OR AT A LATER DATE NO LONGER AGREE WITH, THE TERMS OF THIS POLICY AND/OR ANY OF ITS AMENDMENTS, PLEASE DO NOT USE THE PDM SERVICE.
1. Application of this Policy
This Policy applies to any of your personal data or biometric information that would be processed, collected or hosted when you use the PDM Services, including your image and PD (the “Facial Data”).
This Policy does not apply to data which cannot be linked to you or cannot be used directly or indirectly to identify you, such as anonymized, de-identified, or aggregated data.
2. Information about the PDM Service & data collection and processing
When you use the PDM Service, a detection, a scan and/or a capture (including static, live or recorded images) of your face is performed in order to estimate your pupillary distance (the “PD”); the Facial Data is then disseminated to your medical or eyewear provider (i.e. the optician, the optometrist, the orthoptist, the Internet website or the application operating the PDM Service, as the case may be) (the “Provider”) in order to adjust your glasses.
According to certain regulations, your image and/or PD may be considered as personal data or biometric identifier (to the extent such data is used to identify you or to authenticate your identity). Please note that FittingBox’s PDM Service is not able per se to identify you.
The PDM Service is not a facial recognition or facial authentication technology: no facial recognition or facial authentication or similar biometric collection or processing is performed when your face is detected and processed by the PDM Service.
The PDM Service is not designed to detect your gender, age, and ethnicity nor to authenticate your identity. FittingBox is not able to identify you, either directly or indirectly, through the PDM Service.
The PDM Service is not designed for categorization purposes. The PDM Service does not assign you to one or more specific category on the basis of your Facial Data, such as your age, hair color, eye color, tattoos, behavioral or personality traits and the PDM Service will not be used to deduce or infer your race, political opinions, trade unions membership, religious or philosophical beliefs, sex life or sexual orientation.
The PDM Service is not an emotional recognition system. The PDM Service cannot and does not identify or infer your emotions or intentions on the basis of your Facial Data.
No data reconciliation or further processing is carried out: no personal data or information is reconciled by FittingBoxwith the data processed when providing the PM Services. In particular, FittingBox does not collect your name, navigation data nor your IP address. No additional or further processing of your Facial Data is performed by FittingBox.
No use of your Facial Data to build a database or a data set: FITTINGBOX does not use your Facial Data for the purpose of building a database of images of end-users nor does it integrate your Personal Data into any data set, including data sets used to train artificial intelligence models or systems.
Please note however that additional personal data may be directly collected or processed by the Provider, directly and/or through your access and/or use of the Provider’s website or application. This additional personal information may be reconciled by the Provider with the PD and/or any other personal or healthcare data you might have already provided to the Provider. Such collection and processing by the Provider is subject to the Provider’s own terms and conditions and/or privacy policy which we strongly recommend you to review prior to accessing and using the PDM Service. FITTINGBOX does not collect nor process or host this Provider’s information and does not have access to this Provider’s information.
3. No medical advice, diagnosis or treatment
Please be aware that the PDM Service is designed for informational purposes only and does not constitute medical advice, diagnosis or treatment. Accordingly, the information and other content provided through or in connection with the PDM Service is not a substitute for professional medical advice, diagnosis, or treatment. If you are in need of medical assistance, now or in the future, contact a medical health provider or, as the case may be, the Provider.
4. Hosting / Retention
FITTINGBOX will permanently destroy your image and the PD within 30-days after being captured.
5. Cookies
Please note that data or cookies may be locally saved on your computer or personal device. You can decline, disable, or delete cookies by changing the settings in the preferences or options menu in your browser. Please note that declining, disabling, or deleting cookies may result in limitation or reduction of the PDM Service and/or the website or the device where the PDM Services are being used or accessed.
6. Limited application & Liability
The Policy does not apply to, and FITTINGBOX is not responsible for, the collection, use, sharing, distribution or processing of your personal information by third-party websites, applications and/or services, whether such websites, applications and/or services can be accessed directly or indirectly from or through or in connection with the PDM Service. Similarly, FITTINGBOX is not responsible for the appropriate or accurate implementation and display of this Policy, or any suitable disclaimer or notice of information to be provided to data subjects under applicable data protection, privacy and security laws and regulations, by such third-parties, including the Provider.
7. Amendment to this Policy
This Policy may be modified from time to time by FITTINGBOX, at its sole discretion. Such modifications and updates shall be effective upon release. The last version of this Policy may be found by clicking on the “Privacy Policy” button available on the pop-up information displayed when you activate your webcam for the purpose of using the PDM Services.
8. CLASS-ACTION AND JURY TRIAL WAIVER (for end-users located in the United States)
BY ACCESSING OR USING THE PDM SERVICE, AND TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, YOU IRREVOCABLY WAIVE THE RIGHT TO A COURT OR JURY TRIAL THAT ARISES OUT OF OR IS RELATED TO THE PDM SERVICE. YOU FURTHER AGREE THAT YOU MAY BRING CLAIMS AGAINST FITTINGBOX ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IF THE FOREGOING CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE NOT TO SEEK, AND AGREE TO WAIVE ANY RIGHT, TO ARBITRATE, LITIGATE, OR OTHERWISE RESOLVE ANY DISPUTE THROUGH CLASS OR COLLECTIVE CLAIMS.
9. Contact
If you have any questions concerning this Policy, please contact us at privacy@fittingbox.com.
If you wish to make a complaint about the PDM Services, please contact us at legal@fittingbox.com.
FITTINGBOX
Registered in UE & US Patent and Trademark Office
Copyright January 2025
