Welcome to the Diff Eyewear website and thank you for visiting. We ask that you review the following basic terms that govern the use of the site and the purchasing of products from our site. By using Diff’s website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified.
All of the content on Diff’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned and controlled exclusively by Diff, LLC (“Diff”). The contents of Diff’s website is intended for the personal non-commercial (aside from purchases by you from our site) used by visitors to the site. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent of Diff. This includes using Diff’s trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines. Diff retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site.
By signing up for email, text message and Facebook notifications, you agree to receive periodic recurring automated marketing messages from DIFF Eyewear at the cell number provided when signing up. Consent is not a condition of any purchase. Message & data rates may apply.
The Diff website, its content, and any associated services are provided by Diff on an “as is” and “as available” basis. Diff makes no representations or warranties of any kind, express or implied, as to the operation of its site, to the information, content, materials or products included on the site, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, Diff disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. Further, Diff makes no representations or warranties that its site and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. Diff is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site.
By using the Diff website, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through the site, and any associated services is solely at your own risk. Diff does not warrant or guarantee that its site, servers or e-mails sent by or on behalf of Diff are free of viruses, worms or other harmful components. Further, Diff does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and Diff, or between you and any other user of the site, will be secure from access or interference by third parties.
Diff will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use its site or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if Diff has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, Diff will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of the site, or from your downloading of any materials from the site, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on Diff’s computers and/or servers. In no event shall the aggregate liability of Diff, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of Diff’s website exceed the lesser of $25, or the total amount you paid to Diff.
Certain state or local laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitation may not apply to you, and you may have additional rights.
Comments, Feedback and Other Submissions
Diff welcomes your comments and feedback regarding its website, its products and its services. It does not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Diff using its website or otherwise (collectively, "Comments") are not confidential and will become and remain Diff's property. The disclosure, submission or offer of any Comments will constitute an assignment to Diff of all rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
Links to Other Websites and Services
Diff’s website may include links to other Internet sites maintained by third parties ("Linked Sites"). Diff provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Diff of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Diff Site. Linked Sites are not under the control of Diff and Diff is not responsible for the contents of any Linked Site.
REWARDS PROGRAM TERMS & CONDITIONS
By accessing, using, or viewing the Diff Eyewear Rewards Program or any of its services, functions or contents, you agree to each of the following terms, conditions and notices which govern your use of the Diff Eyewear Rewards Program and your purchase of products on the Diff Eyewear website.
Diff Eyewear Rewards Program Terms of Service
Please read these terms carefully before participating in the program.
The Diff Eyewear Rewards Program is brought to you by DiffEyewear.com, and benefits shall be considered void where prohibited by law. Taxes may apply where required by law. Diff Eyewear assumes no liability for any user's participation that contravenes the laws or regulations of his or her state. Your participation is subject to present and future program rules. Your participation is valid only at www.DiffEyewear.com and Rewards may only be earned and redeemed on www.DiffEyewear.com. No purchase is necessary to enroll. To begin earning and redeeming Diff Eyewear Rewards Points, you must be signed up for a customer account at www.DiffEyewear.com with a user name and password.
By setting up a Diff Eyewear Rewards account, you also consent to:
(a) Diff Eyewear's collection and use of the data collected from your Rewards activity, and (b) the Diff Eyewear Rewards Program terms and conditions set out below.
Diff Eyewear Rewards is offered only in the United States (excluding, without limitation, all other US territories and overseas military installations) to individuals who are: (a) over 18 years of age as of the date of their first participation in Diff Eyewear Rewards; and (b) legal US residents. When registering for Diff Eyewear Rewards you agree to register only one (1) account for the purpose of accruing or earning Points. Employees (and all the members of the immediate families or households of such employees) of the Website Owner, and their parents, affiliates, and subsidiaries are not eligible.
Rewards Membership Tiers
Diff Eyewear’s Rewards program offers two VIP membership levels, VIP and Platinum VIP:
- Users are promoted to VIP status by spending $200 on DiffEyewear.com in one calendar year. (Shipping fees, sales tax, donations and the purchase of e-gift cards do not count toward the $200 minimum.) VIP members are eligible for free priority mail upgrade, early access to sales, and free gifts.VIP members must spend $200 per calendar year to maintain VIP membership status.
- Users are promoted to Platinum VIP status by spending $500 on DiffEyewear.com in one calendar year. (Shipping fees, sales tax, donations and the purchase of e-gift cards do not count toward the $500 minimum.) Platinum VIP members are eligible for free priority mail upgrade, early access to sales, a free birthday gift and exclusive access to limited editions. Platinum VIP members must spend $500 per calendar year to maintain Platinum VIP membership status.
Earning Diff Eyewear Rewards Points
Diff Eyewear Rewards members can accumulate Diff Eyewear Rewards Points for the following actions relating to their individual account as set forth below:
50 Points = Earn 50 Points when you create an account on DiffEyewear.com. By creating an account, you are automatically enrolled in Diff Eyewear Rewards. 2 Points = Earn 2 Points for every $1 spent on the purchase of a product, but not for any amount spent on taxes or shipping costs. For the avoidance of doubt, Diff Eyewear Rewards Points are earned only for money actually spent on the product, not for the amounts of any discounts or donations. If an order is cancelled, any Diff Eyewear Rewards Points awarded for the purchase will be cancelled. If a product is returned, Diff Eyewear reserves the right to cancel the Diff Eyewear Rewards Points awarded for the purchase of such product. 20 Points = Earn 20 Points on your birthday. 10 Points = Earn 10 Points when you complete a product review. Eligible products must be purchased on DiffEyewear.com. 200 Points = For 1 friend referral with the purchase amount over $50. 10 Points = Share Diff Eyewear on Facebook. 10 Points = Follow Diff Eyewear on Twitter. 10 Points = Follow Diff Eyewear on Instagram. Rewards= When you accrue 200 points, you will receive a $20 Reward, 400 points you will receive a $40 Reward, 600 points you will receive a $60 reward and 800 points you will receive a $80 reward, for the use on Diffeyewear.com.
Refer to the table below for complete Diff Eyewear Rewards Point earning restrictions.
|Action||Point Value||Limitations||Pending Period|
|Create an account / Enroll in rewards||50||One time||Immediately|
|Purchase||2 Points per $1 spent||No limit||Upon order shipment|
|Accrue Rewards in the following increments:
$20, $40, $60, $80
|200 points = $20
400 points = $40
600 points = $60
800 points = $80
|No limit||Upon order shipment|
|On your birthday||20||1 time per year||Immediately|
|Complete an eligible product survey||10||1 time per product purchased and reviewed||Immediately|
|Refer 1 person to purchase an order above $50||200||No limit||Upon order shipment|
|Share us on Facebook||10||One time||Immediately|
|Follow us on Instagram||10||One time||Immediately|
|Follow us on Twitter||10||One time||Immediately|
From time to time, Diff Eyewear may temporarily amend the Diff Eyewear Rewards Point equations, without notice to users. Users only earn Diff Eyewear Rewards Points based on activity on and via the Diff Eyewear website. Diff Eyewear Rewards Points cannot be earned in other locations or websites, and no points earned in other loyalty programs may be may be redeemed through the Diff Eyewear website. Users will be able to check the amount of Diff Eyewear Rewards Points accumulated in their account by logging in to their account and viewing the Diff Eyewear landing page https://www.diffeyewear.com/account.
Users may not redeem or exchange accumulated Diff Eyewear Rewards Points for cash. Diff Eyewear Rewards Points have no cash value and do not constitute property of the user. Users may not give, donate, transfer or share their Diff Eyewear Rewards Points to another user’s account.
Diff Eyewear specifically reserves the right to terminate, cancel, suspend and/or modify the Diff Eyewear Rewards program, or any specific user's participation in Diff Eyewear Rewards, if any fraud, virus or other technical problem corrupts the administration, security, safety or proper function of Diff Eyewear Rewards, as determined by Diff Eyewear in its sole discretion. In addition, Diff Eyewear reserves the right to terminate, cancel, suspend and/or permanently ban any specific user's participation in Diff Eyewear Rewards if Diff Eyewear suspects that such user is conducting fraudulent activity to acquire, accumulate or spend Points including, but not limited to, by a user creating multiple Rewards accounts, false referrals, etc.
Redeeming Diff Eyewear Rewards Points
Points may be redeemed at any time while making a purchase on www.DiffEyewear.com. Users may redeem Points by logging in to their account and claiming product rewards on the Diff Eyewear landing page https://www.diffeyewear.com/pages/rewards or discount rewards in the Shopping Cart. Users may redeem their Points for the following Diff Eyewear Rewards benefits:
200 Points = Redeem $20, 400 Points = Redeem $40, 600 Points = Redeem $60 and 800 Points = Redeem $80 off any full priced purchase on www.DiffEyewear.com. Excludes Collaborations, Gift Cards, Clearance, Accessories, and Prescription Glasses.
Unless otherwise indicated by Diff Eyewear, Points may not be redeemed in conjunction with discounts or offers granted by Diff Eyewear. Diff Eyewear may limit the number of Points which may be redeemed at one time. For example, a user may redeem Points for multiple product rewards in a single purchase, if user’s Points balance allows. However, users may not claim more than one of the same product reward in a single purchase. Similarly, users may redeem only one discount reward per purchase. Users may not redeem both product rewards and a discount reward in a single purchase.
The system will update the User’s remaining Points after Points are redeemed.
Diff Eyewear Rewards Points cannot be applied to prior purchases.
Expiration of Diff Eyewear Rewards Points
Unredeemed Points shall not expire unless otherwise indicated. However, points will automatically expire if your Membership is revoked or otherwise cancelled for negligence.
Participation in the Diff Eyewear Rewards Program is a privilege granted to Diff Eyewear users and as such can be suspended, revoked or terminated at any time by Diff Eyewear for any reason or for no reason. In the event of termination of your participation, all benefits including all accrued Points and other program benefits will automatically and immediately be forfeited. In the event of a termination of your participation or a termination of the Program by Diff Eyewear, Diff Eyewear has no liability to participants for unused Points or other program benefits.
You may cancel your Diff Eyewear Rewards Program account at any time by deleting your Diff Eyewear customer account. Once cancelled, all Points earned are voided and may not be redeemed on any future purchase. Please contact email@example.com assistance in canceling your account.
Limitation of Liability
Diff Eyewear will not be liable for any damages of any kind arising out of or in connection with your participation or membership in the Diff Eyewear Rewards Program, including damages arising out of changes to or termination of the program. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Diff Eyewear reserves the right to vary any or all of the terms of the Diff Eyewear Rewards program, to amend these Terms of Service, or to terminate Diff Eyewear Rewards, at any time without notice and without further obligations to users, including, but not limited to, modifications which: a) govern Points earned on and after the date of the change; or b) change the value of already accumulated Points. Notice of any such changes, amendments or termination will be provided to users via message or email, or by being posted on the Diff Eyewear website and will be effective immediately, unless otherwise stated in such notification.
Section 1. Privacy Statement
Section 2. Information We Collect and How We Use It
Our primary goal in collecting information is to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with DIFF and the requirements of applicable law. Some of the ways that DIFF may collect Personal Information include:
- You may provide Personal Information directly to DIFF through interacting with the Services, making online purchases, participating in surveys, during events such as sweepstakes, and requesting Services or information.
- As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
When you join our mailing list, create an account, or make a purchase through our site, your personal information is collected and stored. Basic personal information we collect includes, but is not limited to, your full name, billing address, shipping address, phone number, and email address.
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.
Payments. If you choose a direct payment gateway to complete your DIFF purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After the transaction is complete, your transaction data is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standard Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service or its Privacy Statement.
Non-identifying information are solo portions of your personal information that cannot be linked to you when seen alone, for example, your zip code or state. DIFF Eyewear uses non-identifying information for statistical measurements to ultimately improve your experience on our site. We may combine your non-identifying information with your personal information to provide services to you, such as delivering product or addressing your inquiries.
When you visit diffeyewear.com, our servers will automatically record and store information that your browser sends to every website you visit. This information is called log data. Log data can include, but is not limited to, your Internet Protocol (IP) address, browser type, web address you were visiting before coming to diffeyewear.com, search information, the diffeyewear.com pages you visited, and duration of time spent on each page. We collect this information to analyze and optimize our site to provide the utmost functionality to you.
Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc.)
_shopify_visit, no data held, Persistent for 30 minutes from the last visit. Used by our website provider’s internal stats tracker to record the number of visits.
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day. Counts the number of visits to a store by a single customer.
Cart, unique token, persistent for 2 weeks. Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_disgest, unique token, indefinite if the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, set by Google and tracks who visits the store and from where.
DIFF Eyewear collects your email address to provide necessary transaction confirmation notifications. You may also opt-in to be a part of our DIFF Eyewear mailing list. In doing so, we will use your email address to provide promotional or marketing material regarding the launch of new products, events, service, and other items of interest.
Section 3. Information Sharing
The following includes a list of instances in which your personal information may be shared.
Third-Party Service Providers
At times, DIFF Eyewear will employ third-party service providers to assist us in improving our site, supporting our business operations, and assisting us in our marketing campaigns. These services may include website maintenance, database management, website analytics, or payment processing parties, targeted advertising and partnership marketing. In general, these third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services provided to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at. This includes demographics and interests. We will never share this data with anyone outside of DIFF Eyewear. This data is only collected so that we can better service our customers.
If we deem it necessary or appropriate, DIFF Eyewear will cooperate with law enforcement officials and private parties when asked to disclose any information about you.
In the event that DIFF Eyewear transfers ownership, we may share your personal information during a merger, acquisition, reorganization, sale of assets, or declaration of bankruptcy.
Section 4. Consent
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, it is implied that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at firstname.lastname@example.org or mailing us at: Attention: Privacy Officer, DIFF Eyewear, 15606 Broadway Center Street, Gardena, CA 90248.
Section 5. Your Account Information
You may edit, update, or delete parts or all of your personal information from your user account at any time. You may edit your account information by logging into your account, or if you wish to delete your account entirely, please contact us at email@example.com. Although your account can be deleted an archived copy may remain on file for business records.
Section 5. International Transfer
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Policy.
Section 6. Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional, generally accepted industry standards.
Section 7. Children
In compliance with the Children’s Online Privacy Protection Act, DIFF Eyewear will not knowingly collect any information from children under the age of 13 years. If you are under 13, please have your parents or legal guardian enter their information when required. If a parent or legal guardian becomes aware that his or her child has provided his or her personal information without parental consent, please contact firstname.lastname@example.org, and we will remove the information from our files. Additionally, if DIFF Eyewear becomes aware that a child under the age of 13 has provided us with his or her personal information, we will delete the information from our files.
Section 8. Co-Sponsors and Brand Partners
When we have co-branded or sponsored services or promotions, or when we join with other parties to provide specific services, we may share (provide and receive) your personal information with them. By visiting these sites or participating in a promotion, you affirmatively consent to our collection, use, and distribution of your data.
We may share your information with other third parties with whom we have business relationships and, in some cases, we cannot control or know their privacy practices. By visiting our sites, utilizing our services or otherwise providing information to us, you affirmatively consent to our collection, use, and distribution of your data in accordance with this Policy.
We may share (provide and receive) aggregate information, which is not personally identifiable, with others. This information may include demographic data such as the gender and/or geographic location of groups of users, but it will not include personal information (such as your name or email address). We use aggregate demographic information about our audience in order to improve our service, for research purposes, marketing/promotional purposes, and/or for industry reporting purposes, among others.
Section 9. California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this Time, DIFF Eyewear does not respond to Do Not Track browser settings or signals. In addition, DIFF Eyewear may use third-party advertising companies to collect data and/or serve ads when you visit diffeyewear.com.
These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://www.networkadvertising.org/choices/.
Section 10. Your California Privacy Rights
If you are a California resident you may request information about our disclosure of personal information to Third Parties for their direct marketing purposes. To make such a request, please write to us at the address contained in Section 12 below.
Section 12. Contact