Privacy Policy

Bailey Nelson Canada

Last Updated: January 2024.

Introduction

In the course of carrying out our activities Ben Buckler Eyewear Pty Ltd (ACN 155 832 241) and Bailey Nelson Inc (business number 737004697) and each of their subsidiaries and related bodies corporate (separately and/or collectively referred to as ‘we’ in this policy) trading as Bailey Nelson will collect, store, use and disclose personal information. We are committed to the protection of your personal information and to being in compliance with privacy law. 

1. Scope of this Privacy Policy

Bailey Nelson handles personal information in two ways:

a. Bailey Nelson Handles Personal Information on Behalf of independent contractor Optometrists and Opticians who operate in Bailey Nelson stores. For Example: 

• Bailey Nelson collects, uses, discloses and retains certain personal information (such as eyewear prescriptions of health information) on behalf of the optometrists who operate independently in Bailey Nelson stores to assist the optometrist to provide optometry services to you (such as booking an eye examination appointment, conducting an eye examination, prescribing eyewear, and sending reminders to have another eye examination).
• Bailey Nelson may also retain optometric patient records on behalf of an optometrist as required by law and professional standards.
• Bailey Nelson my handle personal information (such as eyewear prescriptions) on behalf of an optician working in a Bailey Nelson store to assist the optician to perform opticianry services (such as dispensing prescription eyewear).
• Bailey Nelson might also retain opticianry patient records on behalf of an optician as required by law and professional standards.
• Your use of Virtual try On Technology - we gather information confirming your use of the technology and what products you looked at, we don't however retain biometric information that can be linked to your profile.

Bailey Nelson is not the data controller of personal information that Bailey Nelson handles on behalf of optometrists or opticians, which means that Bailey Nelson does not determine what personal information to collect on behalf of the optometrist or optician or how the personal information is used, disclosed or retained by or on behalf of the optometrist or optician.

Personal information handled on behalf of an optometrist is governed by the optometrist’s privacy policy, which is available on request from the optometrist, and applicable law. 

This Privacy Policy does not apply to Bailey Nelson’s collection, use, disclosure and retention of personal information on behalf of an optometrist or an optician. If you have any questions or concerns about how an optometrist or an optician handles personal information, please contact the optometrist or optician directly. Personal information handled on behalf of an optometrist is governed by the optometrist’s privacy policy, which is available on request from the optometrist.

b. Bailey Nelson Handles Personal Information for Bailey Nelson’s Own Purposes

Bailey Nelson collects, uses, discloses and retains personal information including eyewear prescription data for its own purposes (including to manage its relationship with customers, to send marketing messages to customers and to comply with applicable law). In those circumstances, Bailey Nelson does so as the data controller of the personal information. 

This means that, in some cases, Bailey Nelson might collect personal information from you that will be retained in both an optometrist or optician patient record and Bailey Nelson’s customer records.

This Privacy Policy applies only to Bailey Nelson’s collection, use, disclosure and retention of personal information for its own purposes. 

2. Your Consent

By providing Bailey Nelson with your personal information, you consent to the collection, use, disclosure and retention of that information by Bailey Nelson in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to Bailey Nelson, but then you might not be able to proceed with your intended interactions or transactions Bailey Nelson or otherwise receive the full benefit of Bailey Nelson’s products and services.

Please refer to Section 7 of this Privacy Policy to learn about your options for withdrawing your consent.

3. Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual, such as an individual’s name and email address, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.

3. How Bailey Nelson Collects Personal Information

a. Information You Provide

You may be asked to voluntarily give your personal information to Bailey Nelson when you interact with Bailey Nelson, including when you subscribe to a newsletter, request information or use a product or service provided by Bailey Nelson. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with Bailey Nelson or otherwise receive the full benefit of the desired service.

For example, Bailey Nelson may collect:

• contact information (such as name, email address, WhatsApp, postal address and phone number) when you make an inquiry or contact us, including when you visit a Bailey Nelson store;
• contact information and payment card information when you purchase product or service from us;
• contact information, employment information and government-issued identification information when you apply for an employment opportunity with Bailey Nelson;
• contact information and government-issued identification information when you participate in a Bailey Nelson contest, promotion or survey; and
• contact information, communications preferences and correspondence you send to us.
• eyewear prescriptions to assist prescribing eyewear, products and services.

In those circumstances, you can choose not to provide certain requested personal information, but then you may not be able to purchase products or services or access or use certain features of the Bailey Nelson website, or otherwise receive the full benefit of Bailey Nelson’s products and services.

If you give Bailey Nelson the personal information of another individual, then you are solely responsible for complying with all applicable laws, including obtaining the individual’s valid consent, regarding your collection and disclosure of the personal information to Bailey Nelson and to Bailey Nelson’s use, disclosure and retention of the personal information.

b. Automated Collection

Bailey Nelson may use technologies to automatically collect certain information regarding your use of the Bailey Nelson website or online services, such as the dates and times that you access a Bailey Nelson website or a online service, the browsers, operating systems, software, devices and networks that you use to access the website or online service and details of your use of the website or online service.

Bailey Nelson’s website, online services, email messages, and advertisements may also use technologies (e.g. cookies, web beacons, tokens, pixels or tags) to automatically collect information that assists Bailey Nelson to improve its products, services, customer communications and advertising and to prevent fraud. 

Some of the information automatically collected by technological means is non-personal information (because the information does not identify you), and Bailey Nelson will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.

Bailey Nelson may collect personal information from various publicly available sources.

5. How Bailey Nelson Uses Personal Information

a. General

Bailey Nelson may use your personal information for various purposes in connection with its relationship and transactions with you and as otherwise set out in this Privacy Policy or permitted by applicable law, including:  to contact and correspond with you regarding your transactions and your use of Bailey Nelson’s products and services and to provide you with customer care services;  to facilitate your interactions and transactions with Bailey Nelson;  to provide products and services to you;  to process and respond to your inquiries, requests and other communications;  to provide you with information (including by email and other electronic messages) regarding Bailey Nelson and its products and services and the products and services offered by other businesses, to the extent permitted by applicable law;  to administer and facilitate your participation in contests, promotions and surveys related to Bailey Nelson;  to maintain, protect and improve Bailey Nelson’s products and services and to develop new products and services;  to develop, deliver and improve Bailey Nelson’s advertising and marketing; and  to protect and enforce Bailey Nelson’s legal rights, interests and remedies and to protect the business, operations and customers of Bailey Nelson or other persons.

Bailey Nelson may combine your personal information collected by Bailey Nelson through various sources.

Bailey Nelson may use your personal information to create non-personal information, and Bailey Nelson may then use, disclose, transfer and retain the non-personal information as set out below in this Privacy Policy.

b. Information Collected by Technological Means

Bailey Nelson may use information collected by technological means to recognize you as a user of Bailey Nelson’s website, to facilitate and improve your use of Bailey Nelson’s website and online services, to confirm that messages have been delivered to and opened by you and to provide you with targeted advertisements. Bailey Nelson may use web beacons, pixels or gif tags and action tags to confirm that email or WhatsApp messages have been delivered and opened. You may opt out of receiving emails or WhatsApp messages in accordance with this Privacy Policy.

Information provided by cookies may be collected and processed by Bailey Nelson or by its third party service providers, including Google and Facebook.

You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of a website. Information about how Google uses cookies and how you can limit or disable certain kinds of cookies on your personal computer or mobile device is available here: https://www.google.com/policies/privacy/partners/ and https://www.google.com/policies/technologies/ads/.

c. Interest-Based Advertising

Bailey Nelson may use interest-based advertising services (sometimes called “remarketing” or “retargeting”) provided by third party vendors (such as Google, iovation and Facebook) to display advertisements on third party websites and social media sites visited by users of Bailey Nelson’s website or online services. Advertising vendors (such as Google, iovation and Facebook) use cookies, pixels or tokens – unique identifiers of a web browser on a specific computer that are installed on the computer when it accesses Bailey Nelson’s website and online services – to display ads based on the computer’s past access to Bailey Nelson’s website and online services. You can opt-out of Google’s use of cookies as indicated in section 4(b) of this Privacy Policy. You can also opt out of a remarketing vendor’s use of cookies by visiting the Network Advertising Initiative’s consumer opt-out page (https://optout.networkadvertising.org/?c=1).

6. How Bailey Nelson Discloses Personal Information

a. General

Bailey Nelson discloses your personal information for purposes relating to or arising from your relationship and transactions with Bailey Nelson and as otherwise set out in this Privacy Policy or permitted by applicable law.

b. Specific Consents

Bailey Nelson may disclose your personal information in accordance with express or implied consents that you give during your interactions and transactions with Bailey Nelson.

c. Referrals

If Bailey Nelson refers you to an optometrist, then Bailey Nelson may disclose your personal information to the optometrist to facilitate your dealings with the optometrist, and in those circumstances Bailey Nelson has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the optometrist, and the use, disclosure and retention of the disclosed information by the optometrist is not subject to this Privacy Policy.

d. Suppliers and Service Providers

Bailey Nelson may disclose your personal information to its suppliers and service providers to assist Bailey Nelson in the provision of products and services to you, to provide services to Bailey Nelson, to assist Bailey Nelson to use your personal information as set out in this Privacy Policy and as otherwise permitted by applicable law.

e. Business Partners and Other Third Parties

In some circumstances, Bailey Nelson may share your personal information with its business partners, such as strategic business partners who provide products and services that enhance your experience with Bailey Nelson or that may be of interest to you, and other third parties. Bailey Nelson will only disclose your personal information to a third party if Bailey Nelson has your consent to do so, if you have provided your consent to the third party, or if Bailey Nelson is legally required or permitted to do so.

f. Law Enforcement/Legal Disclosures

Bailey Nelson may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Bailey Nelson may disclose your personal information to law enforcement agencies or other independent organizations if Bailey Nelson reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if Bailey Nelson reasonably believes the disclosure is necessary or appropriate to protect and enforce Bailey Nelson’s legal rights, interests and remedies or to protect the rights, interests, business, operations or customers of Bailey Nelson or other persons (including to detect and prevent fraud and other illegal activities, to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of Bailey Nelson’s products and services). Bailey Nelson has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the agencies, independent organizations or other persons to whom Bailey Nelson discloses the information in the foregoing circumstances, and the use, disclosure and retention of the disclosed information by those agencies, independent organizations or other persons is not subject to this Privacy Policy.

g. Business Transactions

Bailey Nelson may disclose your personal information in connection with a proposed or actual business transaction in which Bailey Nelson is involved (e.g. a corporate amalgamation, reorganization, merger or acquisition, or the sale or transfer of some or all of Bailey Nelson’s business or assets), but Bailey Nelson will require the information recipient to agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

7. Your Right to Withdraw Consent

You may withdraw your consent to Bailey Nelson’s collection, use, disclosure and retention of your personal information as set out in this Privacy Policy at any time, subject to legal or contractual restrictions and reasonable notice. To withdraw your consent, you may contact us at the contact information set out at the end of this Privacy Policy.

If you withdraw your consent to the collection, use, disclosure and retention of your personal information for purposes that are integral to the provision of Bailey Nelson’s products and services, then you might not be able to proceed with your intended interactions or transactions with Bailey Nelson or otherwise receive the full benefit of Bailey Nelson’s products and services. 

If you withdraw your consent to the collection, use, disclosure and retention of your personal information for additional purposes that are not integral to the provision of Bailey Nelson’s products and services (e.g., to send advertising and marketing messages to you, to administer and facilitate your participation in contests and promotions, and to conduct surveys) then withdrawing your consent for those purposes will not affect the provision of Bailey Nelson’s products and services to you.

8. Location of Personal Information

Bailey Nelson and its service providers may process, store and use your personal information at facilities in Canada, Australia, New Zealand, the United Kingdom and other countries. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing your personal information to Bailey Nelson, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities.

9. Retention of Personal Information

Bailey Nelson will retain your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and to comply with Bailey Nelson’s legal obligations or enforce or protect Bailey Nelson’s legal rights, or a longer period required or permitted by applicable law. Bailey Nelson will delete or dispose of your personal information, or depersonalize the information, when Bailey Nelson is no longer reasonably required to retain the information for the purposes set out or referenced in this Privacy Policy.

10. Protection of Personal Information

Bailey Nelson uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in Bailey Nelson’s possession or under Bailey Nelson’s control to help protect the information from unauthorized access, collection, use, disclosure, deletion or similar risks. Nevertheless, security risks cannot be eliminated and Bailey Nelson cannot guarantee that your personal information will not be accessed, used, disclosed or deleted in ways not otherwise described in this Privacy Policy.

11. Accuracy and Access to Personal Information

Bailey Nelson will rely on you to ensure that the personal information you provide to Bailey Nelson is as accurate, complete and up to date as necessary for the purposes for which Bailey Nelson uses the personal information. You will promptly notify Bailey Nelson of any changes to the personal information you provide to Bailey Nelson using the procedures made available for that purpose by Bailey Nelson or by contacting Bailey Nelson’s Privacy Officer using the contact information noted below.

You may reasonably request access to your personal information collected by Bailey Nelson and information about Bailey Nelson’s use, disclosure and retention of the personal information by submitting a written request to Bailey Nelson’s Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and have the information corrected as appropriate. You may be required to pay a reasonable fee for access to your personal information. Bailey Nelson may decline to process an access request that is unreasonably repetitive, frivolous, vexatious or impracticable, or if Bailey Nelson reasonably believes that the requested access would infringe or jeopardize the privacy of other persons, or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.

12. Non-Personal Information

Bailey Nelson may use your personal information to create and collect non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. Bailey Nelson may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then Bailey Nelson will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined with the personal information.

13. Other Websites and Businesses

The Bailey Nelson website and correspondence (including emails, messages and WhatsApp messages) may include advertisements for products and services offered by independent businesses or links to websites operated by independent businesses. Bailey Nelson has no responsibility or liability for, or control over, those other independent businesses, their websites, products or services, or their collection, use, disclosure or retention of your personal information. This Privacy Policy does not apply to the collection, use, disclosure and retention of your personal information by independent businesses or through independent websites or online services. If you have questions about how those independent businesses or their websites or online services collect, use, disclose or retain personal information, please contact the owner or operator of the independent businesses, websites and services.

14. Social Media

When you use certain aspects of the Bailey Nelson website or other services to post information to social media sites (e.g. there may be links to Bailey Nelson’s Facebook, Twitter, Instagram or LinkedIn pages), the personal information that you post or share in connection with the social media sites is visible to other persons and can be read, collected, used and disclosed by other persons, including to send unsolicited messages. In those cases, you will be leaving Bailey Nelson website and going to the third party's website. Any information provide to a social media sites and other sites is governed by their own privacy policies. You are solely responsible for the personal information that you choose to post or share in those situations. Bailey Nelson has no control over, or responsibility or liability for, the use, disclosure, and retention of the personal information that you disclose in those situations, and the use, disclosure, and retention of the disclosed information is not subject to this Privacy Policy.

15. Children and Personal Information

Bailey Nelson does not knowingly collect personal information from children under 13 years of age without the consent of a legal guardian. If Bailey Nelson learns that Bailey Nelson has collected or received personal information from a child where parental or guardian consent was required, Bailey Nelson will delete that information unless the parent or guardian provide the required consent. If you believe Bailey Nelson might have any information from or about a child where parental or guardian consent was required, please contact Bailey Nelson’s Privacy Officer using the contact information set out at the end of this Privacy Policy.

16. Other Matters

a. Disclaimers, Liability Exclusions/Limitations and Disputes:  The agreements (including any website terms of use) that you accept when you apply, register for, order or use Bailey Nelson’s products and services contain important provisions, including provisions disclaiming, limiting or excluding the liability of Bailey Nelson and other persons (including service providers) and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Bailey Nelson’s collection, use, disclosure and retention of your personal information, and are of the same force and effect as if they were reproduced directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other agreements.

b. Changes to this Privacy Policy:  Bailey Nelson may change this Privacy Policy from time to time by posting a new version of this Privacy Policy on the Bailey Nelson website. Bailey Nelson’s collection, use, disclosure and retention of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Bailey Nelson after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your personal information by Bailey Nelson as set out in the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.

c. English Language:  You and Bailey Nelson have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que cette Politique de Confidentialité et tous les documents qui s’y rapportent soient rédigés en anglais. 

d. Notices to You: You consent to Bailey Nelson sending you emails (to the email addresses you provide to Bailey Nelson) or WhatsApp messages regarding this Privacy Policy and related matters and as otherwise permitted by applicable law.

Contacting Bailey Nelson

If you have any comments or questions about this Privacy Policy or how Bailey Nelson handles your personal information, please contact Bailey Nelson’s Privacy Officer by mail or email at: Bailey Nelson Canada – Privacy Officer, Level 2, 24E 4th Avenue Vancouver BC V5T 1E8. ; email: privacy@baileynelson.com.