Updated Oct 23 2018

Privacy Policy

Your privacy is important to us. North Inc. (the “Company”) has created the following Privacy Policy to let you know what information we collect, why we collect it and how it is used. We also want to let you know about what rights you have to your Personal Information and how to contact us if you have any questions.

Your use of any Product is also governed by the Terms and Conditions of Sale and the Software License Agreement, governing the use of the Software associated with the Product. By using a Product or our website, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy it supersedes any earlier version. We may change this Privacy Policy by posting a new version of this Privacy Policy on our website which it is your responsibility to review.

DEFINED TERMS

To avoid confusion, this Privacy Policy uses the defined following terms:

“Personal Information” means any information that is about an identifiable individual. This includes information that directly identifies an individual or information that could reasonably be connected to an individual. This includes a first and last name, home or other physical address, an email address, phone number or other contact information, whether at work or at home.

“Product” means any hardware products manufactured or sold by the Company, and includes the software running on the device, any the software running on your mobile device device and any accessories you use with them.

IDENTIFYING PURPOSES

We will make reasonable efforts to clearly communicate to you what personal information we collect and for what purposes.

LIMITING USE, DISCLOSURE AND RETENTION

Our collection of Personal Information is limited to what is reasonable under the circumstances, and your information will be used for the purpose for which it was collected, or when it is required or permitted by law. We may inform you about products and services by mail, e-mail, text message, telephone, or other means. If you do not wish to receive direct marketing, contact us and tell us that you do not wish to be contacted in a particular manner.

WHAT INFORMATION WE COLLECT AND WHY

Our Focals™ Product

The use of the Focals™ product involves the collection, use, processing and disclosure of certain kinds of personal information. In order to use the Focals™ product, you have to create an account with the Company. This involves providing your name, email address and a password to keep your account secure. We also collect information about how you use the Focals™ product and how it performs for you so that we can understand how users use the product, to improve the product and to help you with any issues that you may have with the product.

Each Focals™ product is custom made or sized for the user, and is then delivered to the user. This requires us to collect information about the wearer’s head and eyes, which we do using precision scanning equipment. This information is then used to custom manufacture the Focals™ product for you and to assist us in developing our products. If you use prescription lenses, we collect information about your prescription in order to manufacture the lenses for your Focals™ product.

The use of certain features on the Focals™ product involves the collection and processing of other personal information. The use of location-based services, such as directions or weather, requires the collection and use of the location of your device, which is associated with your user account and your unique Device ID. The use of communications services, such as SMS and other forms of messaging, involves the collection of your identifying information, information about the destination of the message and the message content.

Our Website

When you visit our website, our website servers automatically receive and record information their logs, including the details of your browser, including your IP address, cookie information and the page you request. We use this information to manage and maintain our website and to understand how visitors use the website. This can be used to improve the website and expand the range of functions available through it.

You may voluntarily provide Personal Information to the Company through the website. For example, you may use our customer service functions which will require you to provide your contact information so that we can communicate with you.

THIRD-PARTY SERVICE PROVIDERS

We employ other companies and individuals to perform functions on our behalf. Examples include software publishers that have specialized products that support the features and functions of the Company’s Products.

Unless otherwise indicated, our service providers who have access to Personal Information are given such access only to the extent needed to perform their functions on our behalf, but may not use it for other purposes. By providing your Personal Information to the Company in order to obtain the Products or services, you acknowledge and agree that transfer of your Personal Information to such third parties may be necessary to provide you with such products and services, and you hereby consent to such disclosure.

For example, the Focals™ product incorporates software from, and interacts with, Foursquare Labs, Inc. in order for Focals™ product to provide certain location services and exchange data with Foursquare. Foursquare may collect and use information that does not personally identify you, such as your device type, advertising identifier on your device and device usage information (for example, a date/time stamp and your location when the App communicates with Foursquare).

Using a Product with other services not provided directly by the Company may involve the disclosure of your Personal Information to that service provider, who may use your Personal Information for their own purposes. For example, if you use your Focals™ product to request an Uber, you will need to have a Uber account and Uber’s use of your Personal Information will be as described in Uber’s privacy policy. The same applies if you use your Focals™ product to send an SMS message using your mobile telephony service provider.

Web analytics

Our website uses Google Analytics, a web analytics service provided by Google, LLC. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. For more information, see "How Google uses data when you use our partners' sites or apps" at www.google.com/policies/privacy/partners/.

Third party services and advertising

We may use third parties to help us serve advertisements for our services on third party websites. These companies may use cookies, tracer tags, or web beacons to report information about your visits to our website and to measure the effectiveness of our marketing and to deliver ads that are more relevant to you. To learn more and to opt-out of having your information used by these companies for online behavioural advertising purposes, please visit https://youradchoices.ca/choices.

SHARING AND DISCLOSURE INFORMATION

Other than as expressly set forth herein, the Company does not rent, sell or share Personal Information it collects about you to or with third parties. Information collected from you is only used to complete and support your purchases, for your use of the website, Products and to comply with any requirements of law. However, the Company may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (1) comply with legal requirements; (2) protect and defend the rights or property of the Company; or (3) act in urgent circumstances to protect the personal safety of users of the Company, its web sites or the public. If the Company should ever file for bankruptcy or merge with another company, we may sell the our users’ Personal Information to a third party (in the case of bankruptcy) or share your Personal Information with any company with whom we merge – in such situations, the Company will require, to the best of its ability, the purchasing or merging party to comply with this Privacy Policy.

SECURITY OF INFORMATION

The Company will take reasonable, industry standard precautions to maintain the confidentiality and security of your Personal Information so that it is not disclosed to anyone outside our group of companies and our selected third party service providers/business partners without your consent, unless required by law or as otherwise set forth herein. Where possible, the Company Labs protects the security of your information during transmission by using Secure Sockets Layer (SSL) and Transport Layer Security (TLS) software, which encrypts the information.

INTERNATIONAL TRANSFERS

Personal information collected by the Company may be stored and processed in Canada, the United States or any other country in which the Company or its affiliates, subsidiaries, service providers or agents maintain facilities, and by using the website or the Company’s Products, you consent to any such transfer of information outside of your country.

MAINTENANCE OF PERSONAL INFORMATION

The Company has established the following practices regarding the maintenance of your personal information.

If, for any reason, you wish to review your personal information that the Company has in its possession, you can contact our Privacy Officer, who will be pleased to provide you with all your personal information that the Company has on file.

Sometimes, it will be necessary for you to update your personal information the Company has on file in order to maintain accuracy. For example, if you move or change credit cards, you may be required to update your information in order to keep receiving the products and services provided by the Company. If you wish to make any changes or corrections to your personal information, please contact our Privacy Officer who will implement the changes. This will help us ensure our records are always up-to-date.

A situation may arise where you desire to have all of your personal information that is contained in the Company’s records deleted or destroyed. If this is what you wish, please contact our Privacy Officer, who will take care of removing your personal information from all of the Company’s active records. However, there may be situations where we are obligated to retain one archival copy of your information to allow us to comply with laws or respond to legal processes, and there may be instances where we are unable to remove your specific information from our records for technical reasons. We will inform you of all such situations, and will only use your retained personal information to the limited extent necessary to comply with such laws or respond to legal processes.

USE OF DE-IDENTIFIED DATA

The Company may use information that is derived from Personal Information, but has been de-identified, for for any purpose and as permitted by law. These purposes can include understanding how users use Products, our website, any aspect of our services and to develop new products and services.

CONDITIONS OF USE, NOTICES, AND REVISIONS

This privacy policy is in addition to the other agreements that you have with the Company, including the Terms and Conditions of Sale and the Software License Agreement related to any Products you may have purchased. Those agreements include terms related to limitations on damages, resolution of disputes, and application of the law of the province of Ontario, Canada.

If you have any concern about our privacy practices, please contact us with a thorough description and we will try to resolve it.

Our business changes constantly and we anticipate bringing more innovative features to our Products and our website. Our Privacy Policy and Terms of Use will also change, so please check back frequently to see recent changes.

CONTACT

The Company welcomes your comments about this privacy policy, and we would be happy to provide any additional information you require. Please contact our Privacy Officer at:

North Inc. 24 Charles St West Kitchener, ON N2G 1H2 Canada privacy@bynorth.com

This privacy policy supplements any agreements you already have with the Company, such as the our website Site Terms of Use and any applicable product or service agreement. Our privacy policy does not replace the terms of those agreements. By agreeing to those terms and using the Focals™ product , our other products, software and services, you are consenting to the collection and use of your personal information by the Company in accordance with this privacy policy.