Legal

Optical Near Me ("ONM," "we," "us," or "our") operates the website opticalnearme.com and related services. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, create an account, or interact with our platform.

By using ONM you consent to the practices described in this policy. If you do not agree, please discontinue use of the site immediately.

1. Information We Collect

Information You Provide

• Account data: name, email address, and password when you register.
• Practice data: practice name, address, phone number, hours, services, insurance accepted, and photos when you claim or create a listing.
• Employee data: names and roles of staff added to a practice listing by the practice admin.
• Payment data: billing information processed through Stripe. We never store, log, or transmit credit card numbers on our servers.
• Communications: messages sent through the contact form or email.

Information Collected Automatically

• IP address, browser type, operating system, referring URLs.
• Pages viewed, time spent on pages, clicks, and scrolls.
• Device identifiers and approximate location (city/state level only).
• Cookies and similar tracking technologies (see Cookie Policy below).

Health-Related Information

ONM is a directory for eye-care providers. We do not collect Protected Health Information (PHI) as defined by HIPAA. However, we may collect PHI-adjacent data such as which practices a user saves, referral clicks by condition category, and appointment booking referrals. We treat all health-related browsing data with the same care as PHI.

2. How We Use Your Information

• Provide, maintain, and improve our services.
• Process transactions and send related confirmations.
• Send technical notices, security alerts, and support messages.
• Respond to your inquiries and requests.
• Monitor and analyze usage trends to improve the platform.
• Personalize your experience (e.g., nearby practice results).
• Detect, prevent, and address fraud or security issues.
• Comply with legal obligations, including HIPAA, CCPA, and other applicable laws.

3. Information Sharing & Disclosure

We do not sell your personal information. We may share data with:

• Service providers:Firebase/Google Cloud (hosting & database), Vercel (hosting), Stripe (payments), Resend (email). Each is bound by data processing agreements.
• Practice owners:If you interact with a practice listing (e.g., click "Get Directions" or "Call"), the practice may see aggregated analytics but never your personal identity.
• Legal compliance: When required by law, subpoena, court order, or to protect our rights and safety.
• Business transfers: In connection with a merger, acquisition, or sale of assets, your data may be transferred as part of that transaction.

4. Your Privacy Rights (CCPA/CPRA & State Laws)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

• Right to Know: You may request a copy of the personal information we have collected about you in the preceding 12 months.
• Right to Delete: You may request deletion of your personal information. Account deletion includes a 72-hour cooling-off period before data is permanently removed.
• Right to Correct: You may request correction of inaccurate personal information.
• Right to Opt-Out of Sale:We do not sell personal information. If this changes, we will provide a "Do Not Sell or Share My Personal Information" link.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.

Residents of Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), and other states with privacy legislation have similar rights. To exercise any of these rights, email success@opticalnearme.com with the subject line "Privacy Rights Request." We will respond within 45 days.

Do Not Sell My Personal Information

Optical Near Me does not sell, rent, or trade your personal information to third parties for monetary or other valuable consideration. We do not participate in data broker networks. If our practices change in the future, we will update this policy and provide a conspicuous opt-out mechanism.

5. Data Retention

We retain your personal information for as long as your account is active or as needed to provide services. After account deletion, we remove personal data within 30 days, except where retention is required by law (e.g., audit logs retained for 7 years per HIPAA requirements, financial records per tax law).

6. Data Security

We implement industry-standard technical and organizational measures to protect your information, including:

• Encryption at rest (AES-256 via Google Cloud).
• Encryption in transit (TLS 1.3).
• Role-based access controls limiting data access to authorized personnel.
• Audit logging of all sensitive operations.
• Regular security reviews and dependency updates.

No method of transmission over the Internet is 100% secure. While we strive to protect your data, we cannot guarantee absolute security.

7. Children's Privacy (COPPA)

ONM is not directed to children under 13. You must be at least 13 years old to create an account. We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, please contact us immediately and we will delete it.

While pediatric eye-care practices are listed on our platform, appointments and interactions with those practices occur outside of ONM and are governed by the practice's own privacy policies.

8. Third-Party Links

ONM may contain links to third-party websites (practice websites, booking systems, etc.). We are not responsible for the privacy practices of those sites. We encourage you to read their privacy policies before providing any personal information.

9. Changes to This Policy

We may update this Privacy Policy from time to time. We will notify you of material changes by posting the updated policy on this page with a new "Last updated" date. For significant changes, we will also notify registered users by email.

10. Contact Us

If you have questions about this Privacy Policy or wish to exercise your privacy rights, contact us at:

Optical Near Me
Email: success@opticalnearme.com
Buffalo, NY

These Terms of Service ("Terms") govern your access to and use of Optical Near Me ("ONM," "we," "us," or "our"), including our website, apps, and related services. By using ONM you agree to these Terms. If you do not agree, do not use the platform.

1. Eligibility

You must be at least 13 years of age to create an account on ONM. If you are under 18, you represent that you have your parent or guardian's consent. By creating an account, you represent and warrant that you meet these requirements.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to:

• Provide accurate and complete registration information.
• Notify us immediately at success@opticalnearme.com of any unauthorized use of your account.
• Not share your account credentials with any third party.

3. Practice Listings

Practice owners who claim or create listings are responsible for the accuracy of all information provided, including business name, address, hours, services, and insurance accepted. We reserve the right to remove or modify listings that contain inaccurate, misleading, or inappropriate content without prior notice.

Claimed listings are subject to verification. We may request documentation to confirm your authority to represent a practice.

4. Subscriptions & Payments

Certain features of ONM require a paid subscription. All payments are processed through Stripe. By subscribing, you agree to:

• Pay the applicable fees as described at the time of purchase.
• Provide accurate billing information to Stripe.
• Accept that subscriptions auto-renew unless canceled before the renewal date.

5. Prohibited Conduct

See the Acceptable Use Policy below for full details. In summary, you may not:

• Use ONM for any unlawful purpose.
• Scrape, crawl, or harvest data without written permission.
• Impersonate another person or practice.
• Interfere with the security or integrity of the platform.
• Post false, misleading, or defamatory content.

6. Intellectual Property

All content, features, and functionality of ONM (including but not limited to text, graphics, logos, icons, images, code, and software) are owned by Optical Near Me or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

7. User Content

By submitting content to ONM (reviews, photos, practice information), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute that content in connection with our services. You represent that you own or have the right to share all content you submit.

8. Healthcare Disclaimer

ONM is a directory and does not provide medical advice, diagnosis, or treatment. Information on the platform is for informational purposes only. Always seek the advice of a qualified eye-care professional for any questions regarding your vision or eye health. We do not endorse any specific practice, treatment, or product listed on the platform.

9. Limitation of Liability

To the fullest extent permitted by law, ONM and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the services.

Our total liability for any claims arising under these Terms shall not exceed the amount you have paid us in the 12 months preceding the claim.

10. Disclaimer of Warranties

ONM is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, secure, or error-free.

11. Indemnification

You agree to indemnify, defend, and hold harmless Optical Near Me and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the services, your violation of these Terms, or your violation of any third-party rights.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Erie County, New York.

13. Termination

We may terminate or suspend your account and access to ONM at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

14. Email Communications (CAN-SPAM)

By creating an account, you agree to receive transactional emails (account verification, password resets, booking confirmations) and may opt in to marketing communications. All marketing emails include an unsubscribe link. We honor unsubscribe requests within 10 business days. Our emails include our physical address: Optical Near Me, Buffalo, NY.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users and by posting the updated Terms with a new effective date. Continued use of ONM after changes constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms? Contact us at success@opticalnearme.com.

This Cookie Policy explains how Optical Near Me uses cookies and similar tracking technologies when you visit our website.

What Are Cookies?

Cookies are small text files placed on your device by websites you visit. They are widely used to make websites work efficiently and to provide reporting information to site owners.

Cookies We Use

Managing Cookies

You can control cookies through our cookie consent banner displayed on your first visit. You can also manage cookies through your browser settings:

• Block all cookies: Most browsers allow you to refuse all cookies. Note that this may prevent you from logging in or using certain features.
• Delete cookies: You can delete cookies already stored on your device through your browser settings.
• Essential cookies only: Use our consent banner to accept only essential cookies required for the site to function.

Do Not Track

ONM respects "Do Not Track" (DNT) browser signals. When we detect a DNT signal, we disable non-essential analytics cookies for that session.

Updates

We may update this Cookie Policy periodically. Changes will be posted on this page with an updated date.

This Acceptable Use Policy ("AUP") governs your use of Optical Near Me. Violation of this policy may result in account suspension or termination.

You May Not

• Use ONM for any purpose that is unlawful or prohibited by these Terms.
• Claim or edit a practice listing for a practice you are not authorized to represent.
• Post false, inaccurate, or misleading information in practice listings.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Upload viruses, malware, or any other malicious code.
• Attempt to gain unauthorized access to ONM systems, other user accounts, or connected networks.
• Scrape, crawl, spider, or use automated means to access ONM content without our written permission.
• Use ONM to send unsolicited communications (spam).
• Interfere with or disrupt the integrity or performance of the platform.
• Reverse-engineer, decompile, or disassemble any part of ONM.
• Collect or store personal information about other users without their consent.
• Post content that is defamatory, obscene, harassing, hateful, or discriminatory.
• Use the platform to advertise or promote services unrelated to eye care or optical services without permission.

Practice Owner Responsibilities

• Keep your practice listing accurate and up-to-date, including hours, services, and contact information.
• Respond to claim verification requests within 14 days.
• Ensure all staff added to your listing have consented to their information being displayed.
• Comply with all applicable healthcare regulations, including state licensing requirements.

Rate Limits

To protect the platform and all users, we enforce rate limits on API and form submissions. Exceeding these limits may result in temporary blocking. Repeated violations may lead to permanent account suspension.

Reporting Violations

If you believe a user or listing is violating this policy, please report it to success@opticalnearme.com with the subject line "AUP Violation Report." Include the listing or user in question and a description of the violation.

Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including:

• Issuing a warning.
• Temporarily or permanently suspending your account.
• Removing or modifying violating content.
• Reporting violations to law enforcement if necessary.

Optical Near Me ("ONM," "we," "our") operates a marketplace platform that allows eye care providers ("Providers") to list and sell products directly to customers ("Buyers") through their practice storefronts. These Marketplace Terms apply to all Providers and Buyers who use the marketplace features of ONM.

1. ONM's Role as a Platform

ONM is a marketplace platform only. We are not the seller, manufacturer, or distributor of any products listed in Provider stores. When you purchase a product from a Provider store on ONM, you are transacting directly with that Provider, not with Optical Near Me. ONM facilitates the connection between Providers and Buyers but is not a party to any sale.

2. For Buyers

• Products listed in Provider stores are sold directly by the individual Provider. ONM does not own, stock, inspect, or handle any Provider merchandise.
• ONM makes no warranties or guarantees regarding the quality, safety, accuracy of descriptions, legality, or availability of any products listed by Providers.
• All purchase disputes, complaints, product inquiries, shipping questions, and communications regarding Provider products must be directed to the Provider. ONM is not responsible for resolving disputes between Buyers and Providers.
• ONM has no responsibility for product fulfillment, shipping, delivery timelines, or product condition upon arrival.
• By purchasing from a Provider store, you acknowledge and agree that you are transacting with the individual Provider and not with Optical Near Me.

3. For Providers

• Providers are the sole sellers and are fully responsible for their merchandise, including product quality, descriptions, pricing, images, and stock availability.
• Providers are solely responsible for all order fulfillment, shipping, customer service, dispute resolution, and any applicable returns or exchanges.
• Providers agree to comply with all applicable federal, state, and local consumer protection laws, including but not limited to truth in advertising, product safety, and warranty regulations.
• Providers must ensure that all product listings are accurate, not misleading, and comply with applicable regulations for medical devices, eyewear, and health-related products.
• ONM collects a platform fee on each transaction processed through the marketplace. The applicable fee rate is disclosed during store onboarding and may be updated with notice.
• Providers agree to indemnify and hold harmless Optical Near Me from any claims, damages, losses, or liabilities arising from their products, listings, or interactions with Buyers.

4. Product Removal & Store Suspension

ONM reserves the right to remove any product listing or suspend any Provider store at our sole discretion if we believe the listing or store violates these terms, applicable laws, or poses a risk to Buyers or to the integrity of the platform. This includes but is not limited to: counterfeit products, misleading descriptions, unsafe products, or repeated customer complaints.

5. Provider Service & Fulfillment Standards

Providers who operate a store on ONM are expected to fulfill customer orders in a timely and professional manner. The following conduct may result in immediate store suspension, removal of the Provider's practice listing from the ONM directory, and permanent account termination:

• Repeatedly failing to fulfill or ship orders within the timeframe communicated to the Buyer.
• Canceling customer orders without valid reason or without timely communication to the Buyer.
• Providing products that are materially different from what was described in the listing.
• Ignoring or refusing to respond to Buyer inquiries, complaints, or dispute resolution requests.
• A pattern of negative customer complaints regarding order fulfillment, product quality, or customer service.

Providers whose stores are suspended or terminated for violation of these service standards will not receive any refund of platform fees previously collected. ONM's decision to suspend or terminate a Provider store is final and made at our sole discretion in order to protect the interests of our customers and the integrity of the platform.

6. Payment Processing

All payments for Provider store purchases are processed through Stripe Connect. ONM does not store, access, or handle Provider or Buyer payment information. Payment processing is subject to Stripe's terms of service and privacy policy. ONM's platform fee is automatically deducted from each transaction before funds are transferred to the Provider's connected Stripe account.

7. Limitation of Liability

To the fullest extent permitted by law, ONM shall not be liable for any damages, losses, or claims arising from or related to any product purchased through a Provider store, including but not limited to product defects, misrepresentations, delivery failures, personal injury, or property damage. ONM's total liability in connection with the marketplace shall not exceed the platform fees collected from the relevant transaction.

8. Dispute Resolution

ONM encourages Buyers and Providers to resolve disputes directly. If you are unable to resolve a dispute with a Provider, you may contact us at success@opticalnearme.com and we will make reasonable efforts to facilitate communication, but we are not obligated to mediate or resolve any dispute.