This privacy policy is effective as of 05/06/2024.

The Opal platform is an ecommerce platform that facilitates the sale of contact lenses and other vision care products (“Opal” or the “Services”). Bausch & Lomb Americas Inc. (collectively, "Bausch + Lomb," "we," "us," and "our") offers Opal to Patients and eye care providers (“Providers”) to facilitate the sale of vision care products to their patients (“Patients”).

If you are a Patient, your individually identifiable information submitted to Opal (also referred to as “Protected Health Information”) may be subject to the federal Health Insurance Portability and Accountability Act, as amended, and its implementing rules (collectively, “HIPAA”), as described in a HIPAA Notice of Privacy Practices (“HIPAA Notice”) provided to you by your Provider. The HIPAA Notice describes how Protected Health Information about you may be used and disclosed and how you can get access to this information. Please review it carefully. While this Privacy Policy provides some additional information about the Opal platform, to the extent there is a conflict between this Opal Privacy Policy and the HIPAA Notice, the HIPAA Notice applies to your Protected Health Information.

If you have authorized your Provider to share your Protected Health Information with Bausch + Lomb for purposes of receiving communications about orders or relevant offers about Bausch + Lomb’s vision care products and for purposes of participating in a Bausch + Lomb loyalty program, you should review Bausch + Lomb Privacy Policy and Consumer Health Data Privacy Policy, which supplement the content of this policy, for information about its data handling practices and the choices available to you.

INFORMATION COLLECTED

When you use the Services, information may be collected about you and the device you use to access the Services in a variety of ways.

You may provide personal information directly, such as during the registration and login processes, when providing feedback about your experiences, or when seeking customer service or technical support. This personal information may include:

· Identifiers, such as your name, postal address, email address, telephone number, and user name;

· Health information, such as information about your contact lens prescription;

· Geographic information, such as your billing address;

· Demographic information, such as your gender or date of birth;

· Commercial information, such as products or services purchased;

· Payment information, such as credit card information; or

· Communications and other information you provide us, such as when submitting a question, comment, or request.

Personal information from other sources may also be collected via the Services, including when your Provider submits your health information.

Bausch + Lomb also may collect certain information automatically when you visit and use the Opal website and Services. You may be able to limit Bausch + Lomb’s ability to automatically collect certain types of information by adjusting the cookie settings on your web browsers. These categories of information include:

· Identifiers, such as unique device identifiers, online identifiers, IP addresses, or other persistent identifiers;

· Commercial information, such as your purchases or other purchasing or consumption histories or tendencies;

· Internet or other electronic network activity information, the time, date, and duration of your visit to the Services, your browser type and operating system, your Internet Protocol (IP) address, or other device identifiers and information about your device; and

· Server log information. (For example, if you or your device experiences an error, the information logged includes the nature of the error, the time the error occurred, the feature being used, the state of the application when the error occurred, and communications or content provided at the time the error occurred.)

USE AND DISCLOSURE OF PATIENT INFORMATION

Provider’s use of your Protected Health Information is governed by federal law, as described in the applicable HIPAA Notice. For example, Provider may use your Protected Health Information to provide you with health care services and other information and services you request.

In addition, the information collected through your use of the Services may be used:

· To facilitate the sale of contact lenses and other vision care products,

· To communicate with you about contact lenses and other vision care products, including through text message and email

· To enable Bausch + Lomb to provide and improve the Services and analyze use of the Services

· For administrative purposes

· To provide information and materials to you related to the Services, including, without limitation, patient satisfaction surveys

· To respond to subpoenas, court orders, legal process, law enforcement or public health requests, legal claims, or government inquiries; to protect and defend the rights, interests, safety, and security of your Provider, Bausch + Lomb, Opal, third-party service providers, or the public; and as otherwise permitted by law. Please see the applicable HIPAA Notice for more information.

Your Personal Information may be aggregated or de-identified, and Bausch + Lomb may use that aggregated or de-identified information for any purpose.

Personal Information Shared With Other Parties

Personal information collected via the Services may be disclosed by Provider or Bausch + Lomb to third parties in certain circumstances in accordance with applicable laws. In particular, information you provide or that is otherwise collected through the Services is disclosed in the following circumstances:

· Service providers and business partners: Your information may be accessible to third parties that provide services, such as those involved in developing, maintaining, and hosting Opal, security and performance monitoring, marketing, and data processing. Third parties may use information to manage, provide, monitor, repair, improve, analyze, and operate Opal.

· Corporate Affiliates: Your information may be shared among the Bausch + Lomb group of companies.

· Where required by law or regulation: Your information may be shared with law enforcement agencies, courts, other government authorities or other third parties where believed necessary to comply with a legal or regulatory obligation, or otherwise to protect Bausch + Lomb’s or your Provider’s rights or the rights of any third party.

· In the context of a transaction: Your information may be shared in connection with a substantial corporate transaction, such as a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

USE AND DISCLOSURE OF PROVIDER INFORMATION

Information collected about Providers is used by Bausch + Lomb to provide and improve the Services, analyze use of the Services, and to periodically contact Providers with information related to the Services. For example, information about usage of the Services may be used for purposes of authentication and to enable the collection of information about use of the Services (e.g., duration and frequency of use).

Providers’ information also may be used and shared as disclosed at the time of collection; pursuant to Providers’ consent or authorization; in connection with a substantial corporate transaction; in response to subpoenas, court orders, legal process, law enforcement or public health requests, legal claims, or government inquiries; to protect and defend the rights, interests, safety, and security of Bausch + Lomb and Opal; and as otherwise permitted by law.

As noted above, aggregated or de-identified data is not subject to this Privacy Policy and may be used and shared for additional purposes.

WEBSITE FUNCTIONALITY

Bausch + Lomb and third parties may use cookies, pixel tags, and similar technologies to automatically collect certain information about you. Cookies are small bits of information that are stored by your computer’s web browser. Consult your Internet browser settings to assist you in managing cookies on your browser. However, if you choose to disable cookies, you may not be able to use certain services or features in connection with the Services. Pixel tags are very small images or small pieces of data embedded in images, also known as "web beacons" or "clear GIFs," that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. By using the Services, you affirmatively consent to Bausch + Lomb’s and its third-party partners’ use of cookies, pixel tags, and similar tracking technologies.

For example, the Services use Google Analytics, a web analytics service provided by Google, Inc. ("Google") to help analyze how users use the Services. Google Analytics uses cookies and other tracking technology to collect aggregate data ("Aggregate Data") from your visits to the Services. To learn more about the privacy policy of Google Analytics, refer to Google"s Policies. Use the Google Analytics Opt-out Browser Add-on to prevent data from being sent to Google Analytics. Bausch + Lomb stores any Aggregate Data collected from you in aggregate form. Bausch + Lomb is not able to—nor will it attempt to—personally identify any particular user or individual from the Aggregate Data. Bausch + Lomb uses the Aggregate Data in a variety of ways, including but not limited to keeping count of a user’s return visits to the Services, accumulating and reporting aggregate statistical information regarding the Services, and determining which features users prefer.

Different methods exist for you to prevent tracking of your online activity, including setting "do not track" preferences in your browser to alert websites you visit that you do not want them to collect certain information about you. Please note that, at this time, the Services do not recognize such "do not track" instructions. This Privacy Policy will be updated if the website recognizes "do not track" instructions in the future. If you have any questions regarding the use of cookies on Bausch + Lomb’s websites, or wish to change or revoke your consent to the use of cookies, please contact Bausch + Lomb using one of the methods set out in the "Contact Us" section at the end of this Privacy Policy.

IMPORTANT PRIVACY RIGHTS AND CHOICES FOR CONSUMERS

You may be entitled, in accordance with applicable law, to request access to or correction of your information or request deletion of your information. In addition, where requested by your Provider, Bausch + Lomb will respond to your Provider in accordance with applicable law. Please refer to your Provider’s HIPAA Notice for more information if you are a Patient.

If you want to exercise your rights solely with respect to the Opal platform, you also may contact us by emailing u.s.privacy@bausch.com or calling 1-800-553-5340, or by clicking: Individual Rights. Providers should contact Bausch + Lomb for further information about available rights.

You also may refer to the Bausch + Lomb Privacy Policy for information about how to exercise additional rights and choices with respect to any personal information that it processes in connection with Bausch + Lomb marketing or loyalty programs, or otherwise where Bausch + Lomb is not acting on behalf of Provider.

MANAGING CONTENT

You may subscribe or unsubscribe to content from Bausch + Lomb by using one of the contact methods set out in the "Contact Information" section at the end of this Opal Privacy Policy.

CHILDREN UNDER THE AGE OF 13

The Services are not intended to collect any personal data from children under the age of 13 without parental consent, unless permitted by law. In the event a child under the age of 13 has provided Personal Information to the Services, that information will be deleted in accordance with applicable laws.

DATA SECURITY

The Services are protected against loss, misuse, unauthorized access, disclosure, alteration, interception, or destruction of the information you provide using reasonable technical, physical, administrative, and procedural security precautions. Please note, however, that no such precautions are 100% effective. As a result, Bausch + Lomb cannot guarantee or warrant the security of any information you disclose or transmit to us, and Bausch + Lomb l is not responsible for the theft, destruction, interception, or inadvertent disclosure of your Personal Information. Therefore, any transmission of Personal Information is at your own risk.

You will not be sent emails asking you to provide or confirm Personal Information in connection with the Services. A technique known as "phishing" attempts to steal personal identity data and financial account credentials from consumers. "Phishers" use "spoofed" emails to lead consumers to sham websites which trick recipients into divulging Personal Information including credit card numbers, account usernames, passwords, and social security numbers. If you receive such an email communication purporting to be from Opal or in connection with any Services, please forward it immediately to u.s.privacy@bausch.com and then delete it from your computer.

Bausch + Lomb reserves the right to deny to any user access and/or use privileges, including without limitation use of the Services, if there is a question regarding the identity of the person accessing or attempting to access any services, features, or functions.

LINKS TO THIRD PARTY SITES

The Services may provide links to other websites on the Internet that are operated and maintained by third parties. These websites operate independently from the Services and Provider and are not under the control or responsibility of the Services. No responsibility or liability are accepted with respect to any such website or any other website that is not under the control of the Services. You are encouraged to review the privacy policies and terms of use of those third-party websites. You accept sole responsibility for and assume all risk arising from your use of any such websites.

GLOBAL OPERATIONS

The Services are controlled and operated from the U.S. If you are using the Services from a country other than the U.S., your Personal Information collected on this website will be transferred outside of your country. The Services are designed to comply with the laws, rules, and regulations of the U.S. and is not intended to subject the Services to the laws, rules, or regulations of any jurisdiction other than the U.S.

Nevertheless, to facilitate global operations, collected Personal Information may be transferred, stored, and/or processed between and accessed from other jurisdictions throughout the world. Laws in these other jurisdictions may differ from and may not provide an equivalent level of data privacy, security, and protection as, the applicable laws in your country. However, your Personal Information will be handled in accordance with this Opal Privacy Policy and applicable law regardless of where it is transferred, stored, processed, or accessed.

CHANGES TO THIS PRIVACY NOTICE

This Opal Privacy Policy may be changed or modified at any time without advance notice to you. Such changes or modifications shall be effective immediately upon being posted on the website. You agree that you may be notified of material changes to this Opal Privacy Policy by indicating the date of the most recent update at the top of the Opal Privacy Policy, and that you will check the website regularly for updates. Continuing to access and/or use the Services after a revised Opal Privacy Policy is posted constitutes your acceptance of those revisions and all terms of the then effective Opal Privacy Policy.

CONTACT INFORMATION

If you have any questions or concerns regarding the Opal Privacy Policy or any questions about the security of Opal, please contact:

U.S. Privacy Office

Bausch + Lomb

400 Somerset Corporate Boulevard

Bridgewater New Jersey 08807

Phone: 1-800-553-5340

Email: u.s.privacy@bausch.com

Individual Rights.