Return Policy, Warranty, Terms of Use
Effective Date: May 10, 2021
RETURN POLICY
As this is a custom made-to-order product, we do not accept returns.
Note that this may be replaced or adjusted to include a “Free Trial” option)
WARRANTY
eFrame and eCase (one unit):
•1 year warranty included in purchase
Will replace one unit during warranty period
1 year warranty starts with 45 days after “purchase” to allow for shipping and doctor fitting
• Includes eFrame and eCase (and may include repair or replacement of all electrical parts)
· Nose pad, screws, charging power cord, etc.
• Includes lense coating.
• Includes one-time prescription change
• Includes free shipping (TBD)
Postage paid label (use of RMA) sent directly to Darwin
Entire unit must be shipped back
• Must return entire unit for replacement (lost units will not be replaced under warranty)
• Need fine print details for exclusions:
Excludes lost merchandise
Excludes normal wear and tear (to be determined by ECP/Doctor)
Excludes customer breakage (TBD)
• Contact warranty@www.kubotaglass.com to request/initiate RMA # (return merchandise authorization)
Kubota Glass™ or KUBOTA VISION INC’s., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY) Website Terms or Use
Before using any of the Services, please read these Terms of Use (these “Terms”), our Kubota Glass™ Privacy Policy and any other policies and notices on the Site, on the App, or in any of our retail locations. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and Kubota Glass to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them, so if you have any questions, please contact us.
To exercise any of your rights set forth in this Notice, or for more information about Kubota Glass, KUBOTA VISION INC., privacy practices, Terms of Use, email , write to To file a complaint with us, email legal@www.kubotaglass.com or write to:
Kubota Vision Inc. (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY) on behalf of Kubota Glass™
600 University Street, Suite 2900
Seattle, WA 98101-4174
United States of America
Attn: Legal Department.
Or Contact our legal department at:
phone: +1.206.805.8300
Ask to speak with our legal department.
fax: +1.206.805.8301
website: www.kubotavision.com
1. We Reserve the Right to Update and Revise These Terms of Use at Any Time
Kubota Glass™ will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time upon 7 days’ notice. We’ll provide notice by changing the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because 7 days after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
2. Eligibility
We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services. However, even non-adults deserve fantastic eyewear. You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Services (although your parents can still buy glasses for you).
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for a minor child).
3. Privacy
Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect and use your information.
4. Your Account
You may be able to navigate some of the Services without creating a user account (”Account”); but certain Services (like making a purchase) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
Users should not share your Account information. And you shouldn’t use another person’s Account or registration information for the Services without permission unless you are a parent or legal guardian purchasing for a family member. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
You can always delete the personal information from your Account by emailing us at privacy@KubotaGlass.com
5. Receiving Your Kubota Glass™ Eyewear
a. Selecting Your Frames. To order frames, select your desired frame, choose colors and click the “Add to Cart” button to add it to your order. When you check out, you will add your prescription and fitment size.
b. Your Prescription. As you are purchasing prescription eyewear, check out the Prescriptions section of our “Help in buying” for the information we need to fill your prescription and to learn how to provide your prescription information to us. If your prescription information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.
We keep your prescription on file for some time after you order your glasses, and we make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take us a day or two to retrieve older prescriptions. Please keep that in mind if you need your information by a certain day or time. By requesting a copy of your prescription, you consent to Kubota Glass or an affiliated eye doctor sending your prescription over unencrypted email. If you’d like more information about the security of unencrypted emails, you can jump to Section 6b of these Terms.
c. Delivery Information. We’ll need your name, address, and telephone number to complete your order and ship your Kubota Glass™ Eyewear. For information about shipping and delivery, check out the Orders section of the website
d. Payment Information. After you have made your eyewear selections and provided your prescription and shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.
e. Checking Order Status. We know how exciting it can be to get a delivery, so once your eyewear is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to call us : +1.206.805.8300 or email us at help@www.kubotaglass.com if you would like to check the status of your order, or if you just want to chat about how excited you are about your new glasses.
f. Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. To learn how to change or cancel an order, visit the Orders section of our Help Page.
g. Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as DHL, FedEx, UPS, or USPS).
h. Returns, Exchanges, and Lens Replacements. For more information about returns and exchanges and replacing your lenses, check out the Orders section of our Help Page.
i. Purchase Limits. We want to give all of our customers an opportunity to buy our glasses. Therefore, we do not authorize the purchase of commercial quantities of glasses (consumer website), and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of our Terms. For more information about placing special orders, check out the Orders section of our Help Page.
j. Language. Presently, our order process only supports the English language.
6. Communicating with Kubota Glass
a. Kubota Glass Inc., (a dba of Acucela Inc.,) A KUBOTA PHARMACEUTICAL COMPANY
600 University Street, Suite 2900
Seattle, WA 98101-4174
United States of America
Attn: Legal Department.
Or Contact our legal department at:
phone: +1.206.805.8300
Ask for legal department
fax: +1.206.805.8301
website: www.kubotavision.com
Contact legal@www.kubotaglass.com
b. Security. We take privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Text messages and emails you send to or receive from Kubota Glass™ are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to send or receive financial information, information about your health (including your prescription information), your insurance identification number, or any other sensitive information by text or email, you do so at your own risk. By texting us or requesting that we text you, you consent to receiving unencrypted text messages from Kubota Glass. Likewise, by emailing us or requesting that we email you, you consent to receiving unencrypted emails messages from us. Worried about texting or sending anything sensitive? Just give us a call at +1.206.805.8300.
7. Intellectual Property Kubota Glass Inc., (a dba of Acucela Inc.,) A KUBOTA PHARMACEUTICAL COMPANY holds all intellectual property including patents and patents pending.
8. Right to Use the Services
We provide permission to: subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. Subject to your complete and ongoing compliance with these Terms. If you are prohibited under applicable law from using the Services, you may not use them.
9. Restrictions on Your Use of the Services
Restrictions of use, our rights do not allow you to do any of the following:
• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.
• resell or make any commercial use of the Services or any of the Service content.
• modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser.
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
• use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services.
• harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent.
• bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services.
• run any form of auto-responder or “spam” on the Services.
• otherwise take any action in violation of these Terms or our privacy policy.
10. Content
a. User Content
User content or areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections or similar communications facilities.
“User Content” is any public communications or any other material you submit, distribute, transmit, or post to Kubota Glass™ (through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores). You will keep all ownership of and license rights in your User Content although, by providing content to us, you may grant us a license to use it, as we’ll discuss here.
When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Kubota Glass™ to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sub licensable, fully paid, and royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. Be assured you have our thanks. Lots of it.
In addition to giving Kubota Glass™ a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub licensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
b. Representations About Your User Content
Submissions criteria. When you submit User Content, you represent and warrant that:
• you hold all necessary right, title, and license to such materials
• your submission of such materials to Kubota Glass™ does not and, when used by Kubota Glass™ as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
• all User Content you provide is accurate, complete, up-to-date, and not misleading.
In addition, any User Content must not:
• include any profanity or obscene, indecent, or pornographic material.
• contain any unauthorized or unsolicited advertising, such as spam.
• contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
• impersonate any person or entity.
• include anyone’s identification documents or sensitive financial information.
c. Private vs. Non-private Content
We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication were completely private. Therefore, we don’t treat as private or confidential any User Content that you provide to those features of the Services. When in doubt, it is best to take a look at our Privacy Policy which details the types of information we treat as confidential or private. If you post something publicly on the Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.
d. A Note About Third-Party Content and User Content
You may see a lot of content on the Services (especially with your new eyewear). Some of this content will come from other users or sources outside of Kubota Glass™. All content, including User Content and third-party content, is the responsibility of the party that creates it. Kubota Glass™ does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Kubota Glass™ will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Kubota Glass™ or another party provides it.
11. Copyright Policy
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights. All images are licensed or wholly owned by Kubota Glass™ for the sole use of the website or mobile platforms.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):
• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
• identification of works or materials being infringed.
• identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
• your contact information, including address, telephone number and, if available, e-mail address.
• a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law.
• a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to receive notice of claimed infringement by calling Kubota Glass, (a dba of Acucela Inc.,) A KUBOTA PHARMACEUTICAL COMPANY located at
600 University Street, Suite 2900
Seattle, WA 98101-4174
United States of America
Attn: Legal Department.
Or Contact our legal department at:
phone: +1.206.805.8300
Ask to speak with our legal department.
fax: +1.206.805.8301
website: www.kubotavision.co
14. WARRANTY DISCLAIMER
a. Kubota Glass™ wants you to be a long-time customer, but we have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
• which users access the Services.
• what content you access via the Services.
• what effects the content may have on you.
• how you may interpret or use the content.
• what actions you may take as a result of your exposure to the content.
b. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
c. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KUBOTA GLASS™ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY KUBOTA GLASS™ OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION KUBOTA GLASS™ DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KUBOTA GLASS™ OR ANYONE REPRESENTING KUBOTA GLASS™ BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR KUBOTA GLASS™ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KUBOTA GLASS™ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Termination
We really hope we won’t ever have to do this, but we reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
17. Governing Law
No matter where you’re located, the laws of the State of Washington will govern these Terms and the relationship between you and Kubota Glass™ as if you signed or otherwise agreed to these Terms in Washington State, without regard to Washington State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in Seattle, Washington State for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.
18. Dispute Resolution
a. Generally. In the interest of resolving disputes between you and Kubota Glass in the most expedient and cost effective manner, you and Kubota Glass™ agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved in a lawsuit in court.
b. Exceptions. Despite the provisions of Section 18(a) nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. No Class Actions. YOU AND KUBOTA GLASS™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kubota Glass™ agree otherwise, lawyers may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19. Severability
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
20. Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
21. Entire Agreement
These Terms constitute the entire agreement between you and Kubota Glass and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.
22. Miscellaneous
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Notice of Privacy Practices –PHI “Protected Health Information”
Effective Date: May 1, 2021
THIS NOTICE DESCRIBES HOW YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED, AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Kubota Glass™ wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY), takes the confidentiality of your health information very seriously. We are required by law to provide you with this Notice of Privacy Practices (“Notice”) and follow the terms of this Notice while it is in effect. This Notice is a summary of your privacy rights, and your use of KUBOTA GLASS ’s Services evidences your acceptance of the terms of this Notice. “Services” means any of the services we offer, including eye exams, refraction testing through our Prescription Check mobile application and/or in-store service (collectively, “Prescription Check”), and the prescribing and dispensing of prescription eyeglasses. KUBOTA VISION INC., also operates the website KubotaGlass.com the, and other related websites and mobile applications that contain links to this Notice. In this Notice, “health information”, “protected health information”, and “PHI” refer to individually identifiable health information that we obtain from you in connection with the Services.
1. Kubota Glass™ – Kubota Glass™ wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY) , use and disclosure of “Protected Health Information” or “PHI”
Generally, Kubota Glass™ – wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY) uses and discloses your PHI for the normal business activities that fall in the categories of treatment, payment, and healthcare operations, in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Below are a few examples of those activities (but note that not every use or disclosure that falls within each category is included!).
Treatment. Kubota Glass™ – wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY) keeps a record of the PHI you provide to us in the course of using the Services. This record may include the results of your eye exam, information we receive in connection with your use of Prescription Check, your prescription information, the prescription products that you purchase, information related to your vision insurance plan, and other information we learn about your health or vision through our provision of the Services. We may disclose this information so that doctors, nurses, other optical dispensers, and other entities like laboratories can meet your healthcare needs.
Payment. Kubota Glass™ – wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY) documents the Services that you receive when we provide care to you so that you (or, if applicable, your vision insurance plan or another third party) can pay us for the Services. If applicable, we may share information with your vision insurance plan about upcoming treatment or Services that require prior approval by the plan.
Healthcare Operations. wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY) uses PHI to improve the Services and train staff, and for business management, quality improvement, performance evaluation, marketing activities permitted under HIPAA, customer service activities, and other internal business purposes.
Kubota Glass™ – a wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY) may also use or disclose your PHI to:
• Comply with federal, state, or local laws.
• Assist in public health activities, such as tracking diseases or medical devices.
• Inform authorities in order to protect victims of abuse or neglect.
• Comply with federal and state health oversight activities, such as fraud investigations.
• Respond to law enforcement officials or to judicial orders, subpoenas, or other process.
• Inform coroners, medical examiners, and funeral directors of information necessary for them to fulfill their duties.
• Facilitate organ and tissue donation or procurement.
• Conduct research (following internal review protocols to ensure the balancing of privacy and research needs).
• Avert a serious threat to health or safety.
• Assist in specialized government functions, such as national security, intelligence, and protective services.
• Inform military and veteran authorities if you are an armed forces member.
• Inform a correctional institution if you are an inmate.
• Inform workers’ compensation carriers or your employer if you are injured at work, as authorized by and as necessary to comply with relevant laws.
• Tell you about health-related products and services.
• Send appointment confirmations and reminders.
• Communicate with individuals, such as friends and family, who are involved in your care or involved in the payment for that care.
• Communicate within our organization for treatment, payment, or healthcare operations.
• Communicate with other providers, health plans, or their related entities for their treatment, payment, or healthcare operations activities.
• Provide information to other third parties with whom we do business in order to allow those third parties to provide services to us or on our behalf. (Kubota Glass™ requires third parties to provide us with assurances that they will safeguard your information.)
Any other uses or disclosures not set forth in this Notice may only be performed with your written permission. We will also obtain your written permission before we use or disclose your PHI for any marketing purposes that are unrelated to the Services we provide. You may revoke your permission, in writing, at any time. If you do so, we will no longer use or disclose your PHI for the reasons covered by your written permission, but note that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we’ve provided to you.
2. Kubota Glass™ – KUBOTA VISION INC., ’s responsibilities with respect to your “Protected Health Information” or “PHI”
Kubota Glass™ – a wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY), is required by HIPAA to:
• Maintain the privacy of your PHI.
• Provide this Notice setting forth our duties and privacy practices.
• Abide by the terms of the version of this Notice currently in effect.
• Tell you if there has been a security breach that compromises your PHI.
Please note that some states have laws that may require that we apply extra protections to some of your health information.
3. Your rights with respect to your “Protected Health Information” or “PHI”
You have the following rights with respect to your PHI maintained by Kubota Glass a wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY),
• Inspect and copy. You have the right to inspect and copy certain portions of your PHI. We may, in certain limited circumstances, deny your request to inspect or copy your PHI. If we do so, we will inform you of the reason for the denial.
• Amend. You have the right to amend your PHI if you feel that it is incorrect or incomplete. We may, in certain limited circumstances, deny your request to amend your PHI. If we do so, you may submit a statement of disagreement for inclusion in your records.
• Accounting of disclosures. You have the right to an accounting of our disclosures of your PHI made over the past six years. This right does not apply to disclosures made for treatment, payment, or healthcare operations; disclosures made to you about your treatment; disclosures made pursuant to an authorization; and certain other disclosures.
• Restrictions on disclosure. You have the right to request restrictions on how we use or disclose your PHI. We’re not required to comply with such requests except for requests pertaining to disclosure to a vision insurance plan or other payor for payment or certain care operations that relate to an item or service for which you have paid out of pocket in full. If we agree to any such request, we will comply with your request except in certain emergency situations or as required by law.
• Communication. You have the right to request that we communicate with you at a specific telephone number or address.
• Paper copy. You have the right to obtain a paper copy of this Notice (even if you’re currently reading it electronically!).
4. Changes to this Notice
Kubota Glass™ – understands there are times when we need to review this Notice to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Notice, and we reserve the right to do so at any time. If we change the terms of this Notice, the new terms will apply to all PHI that we maintain, including PHI that you provided to us before such changes were made. We will post the new Notice on our websites and mobile applications, and will update the “Effective Date” at the top of this page so you can tell if it has changed since your last visit. We will make the new Notice available upon request. Your continued use of the Services constitutes your acceptance of the terms of such revised Notice.
5. Complaints
If you believe that your privacy has been violated or that Kubota Glass™ – a wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY), has not followed its obligations under HIPAA, you may file a complaint with us or with the Secretary of Health and Human Services. We will not retaliate against you or penalize you for filing any such complaint.
To file a complaint with us, email legal@www.kubotaglass.com or write to Kubota Vision Inc. a wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY), Mail to: Kubota Glass, Kubota Vision Inc.(dba of Acucela Inc.) A subsidiary of Kubota Pharmaceutical Holdings.
600 University Street, Suite 2900
Seattle, WA 98101-4174
United States of America
Attn: Legal Department.
To file a complaint with the Secretary of Health and Human Services, call 877.696.6775 or write to 200 Independence Avenue S.W., Washington, D.C. 20201.
6. Contacting Kubota Glass a wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY),
To exercise any of your rights set forth in this Notice, or for more information about Kubota Glass™, a wholly owned by KUBOTA VISION INC., (a dba of Acucela Inc., A KUBOTA PHARMACEUTICAL COMPANY), privacy practices, Terms of Use, email , write to To file a complaint with us, email legal@www.kubotaglass.com or write to Kubota Vision Inc. (dba of Acucela Inc.) A subsidiary of Kubota Pharmaceutical Holdings.
Kubota Glass Inc.
600 University Street, Suite 2900
Seattle, WA 98101-4174
United States of America
Attn: Legal Department.
Or Contact our legal department at:
phone: +1.206.805.8300
Ask to speak with our legal department.
fax: +1.206.805.8301
website: www.kubotavision.com