Notice of biometric use
Through various technology features, including but not limited to, virtual try-on technology, BVLGARI (including its affiliates, officers, members, employees, and representatives) (“Bvlgari”) may collect data that potentially falls under the definitions of “biometric identifiers” or “biometric information” under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1 et seq.
- “Biometric identifiers” are defined as retina or iris scans, fingerprints, voiceprints, or scans of the hand or face geometry.
- “Biometric information,” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
Purpose of Collection. Any collection of biometric identifiers and biometric information is for the sole purpose of assisting you in viewing how certain eyeglasses may look on your facial features. Bvlgari will not disclose or disseminate any biometric information to any entity, other than those contracted parties that assist us in providing this try-on service to you, or as required by applicable federal, state or local law, or pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
Retention and Destruction. Bvlgari shall retain any biometric identifiers or biometric information for up to six (6) months as long as you consent to such retention, maintain an account with Bvlgari, and choose to save your virtual profile to your account. If you do not maintain an account with Bvlgari, it shall retain biometric identifiers or biometric information for up to six (6) months, but Bvlgari will not necessarily be able to retrieve or connect this information to your identity.
Consent. You acknowledge that you have reviewed and agree to the terms stated in Licensor’s Privacy Policy and Terms of Use, which are provided in the below hyperlinks: You further acknowledge that you agree to the following:
Any dispute, claim or controversy among the parties arising out of or relating to this Policy, including any provisions relating to a consumer’s rights under BIPA, shall be finally settled by arbitration in [Cincinnati, Ohio] in accordance with the Consumer Arbitration Rules of the American Arbitration Association then in effect and such resolution shall be final and binding upon the parties.
THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF OR RELATING TO THIS POLICY. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND THAT THIS POLICY DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN HAMILTON COUNTY, OHIO, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO.
The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in Cincinnati, Ohio and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto. Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in Cincinnati, Ohio, or, if brought in a federal district court, United States District Court for the Southern District of Ohio and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.
By clicking “I accept,” you are consenting to Bvlgari’s collection and storage of your biometric identifiers or biometric information. You further consent to the terms stated in the above hyperlinked Privacy Policy and Terms of Use. You further release and forever discharge Bvlgari from any and all claims, demands, damages costs, expenses and causes of action relating to Licensor’s collection, storage, use, disclosure and dissemination of biometric information.