Lunya - Privacy Policy

GENERAL PRIVACY POLICY MATTERS

At Lunya, we take the privacy of our users very seriously. This Privacy Policy is a part of our Terms of Service and it describes our policies on the collection, use, and disclosure of information that identifies, describes, relates to or is reasonably capable of being associated with  you, your household or device (“Personal Data”) in connection with your use of our products and/or Services, including those offered through our websites, emails, and mobile applications (collectively, the “Service”). Personal Data does not include publicly available information from government records, deidentified or aggregated consumer information, or information excluded from the scope of applicable data privacy laws, such as the GDPR and CCPA. The terms “we”, “us”, “our” and “Lunya” refer to Lunya Company. When you use the Service, you consent to our collection, use, and disclosure of information about you, including information that may be considered Personal Data, as described in this Privacy Policy.

SECTION 1 - INFORMATION WE COLLECT

1.1 Categories of Personal Data Collected>. 

We have collected and stored the following Personal Data from or about you over the past 12 months:

Category	Examples	Collected?
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories	Yes
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	Yes
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No
F. Internet or other similar network activity	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	Yes
G. Geolocation data.	Physical location or movements.	Yes
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	No
I. Professional or employment-related information.	Current or past job history or performance evaluations.	No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No

1.2 When We Collect Personal Data.

We collect Personal Data:

when you directly provide it to us. This happens when you:

 

• register or create an account;
• purchase services or products. Please note that we do not store credit/debit card numbers. If you make a payment through our Service, your credit/debit card information will be stored by Shopify Inc. (“Shopify”). For more information about Shopify’s data storage and privacy terms, please read Shopify’s Terms of Service here and Privacy Policy here;
• request assistance from our customer support team;
• complete contact forms, request newsletters or other information, or participate in contests and surveys;
• make public contributions to the Service (e.g., when you interact with third parties through the Service or post a review); or
• otherwise participate in activities we promote that require information about you.

automatically, when you use and interact with the Service.

Automatically collected information includes:

• your general activity on the Service;
• identifiers such as an anonymized session identifier;
• your geographic location. We use this data to provide you with location-based services (such as advertising and personalized content). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings;
• website traffic volume, frequency of visits, and type and time of transactions you initiate through the Service;
• information regarding your interaction with email messages (e.g., whether you opened, clicked on, or forwarded an email message);
• your Internet Protocol (IP) address;
• the type and settings of the device, operating system, and browser used to access the Service;
• websites you visit before and after using the Services; and
• other information gathered through cookies and similar technologies, which are discussed further in the fourth section of this Privacy Policy, entitled “Cookies and Similar Technologies”.

From other sources. We may also receive information about you through:

• Sign-In Accounts: If you sign up for Lunya using a third-party service or application or link your Lunya account to your account with a third-party service such as Facebook or Google, we may receive information about you from such third-party website. You can control the information that we receive from such third-party website using the privacy and data settings on the third-party’s website.
• Service Providers. We may also receive information about you from our service providers and business partners, including companies that assist with payment processing, analytics, data processing and management (e.g. to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you) account management, hosting, customer and technical support, and other services which we use to personalize your Service experience.

SECTION 2 - HOW WE USE YOUR INFORMATION

We use information about you for several general purposes, including to:

• operate, maintain, and optimize the Service and your account;
• improve the quality and types of services that we deliver;
• diagnose problems with and identify any security risks, errors, or needed enhancements to the Service;
• respond to questions, comments or other requests and provide you with technical support;
• support the tracking and recovery of your Lunya and/or other products;
• contact you for feedback or conduct research about Lunya’s customer base or Service;
• to provide you with information regarding our products and services;
• process payments and provide you with the services you’ve paid for or requested;
• notify you of technical updates or changes in policy;
• process contests, sweepstakes, or other promotions and fulfill any related awards or discounts;
• understand and analyze how you use our Services and what products and services are most relevant to you. We may provide you with these materials via online social platforms, websites, phone, text/SMS, postal mail, facsimile, or email, as permitted by applicable law.;
• collect aggregate statistics about use of the Service
• analyze and develop our marketing strategy; and 
• to provide data and analytics to research companies and marketers, as described in Section 3 of this Privacy Policy.

SECTION 3 - COOKIES

What are Cookies?

• Cookies are small text files that are placed on your computer by websites that you visit. These text files can be read by these websites and help to identify you when you return to a website. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser. To find out more about cookies, including how to see what cookies have been set and how to block and delete cookies, please visit http://www.aboutcookies.org/.

Other Technologies:

• We use cookies and similar technologies (such as action tags, also known as beacons, or pixels tags) for a number of purposes, including to remember preferences, track conversions, conduct marketing and promotional efforts, analyze site traffic and trends, and generally understand the online behaviors and interests of people who interact with our Service.
• We use third-party advertising companies to serve advertisements on our behalf. These companies may use a cookie or an action tag to tailor the advertisements you see on this website and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising. For more information about interest-based ads in general, please visit https://www.networkadvertising.org/understanding-online-advertising/.
• We use third-party analytics service providers to assist us in collecting and understanding website usage information. We use information from these services to help us improve our website and the services we provide to our users.
• We may also collect your email address via cookies and pixels on the Website through the use of trusted third-party partners. These partners may also combine your email information with other information they have access to such as a mailing address so that we may serve relevant marketing offers to you via email and direct mail. If you do not want us to collect information about you, please contact us to opt out. For more information about HTTP cookies and how to disable them, you can consult the information at https://optout.networkadvertising.org/
• By using the Service, you agree to our use of these tracking technologies.

SECTION 4 - SHARING

4.1 Sharing of Personal Data.

We may share information about you with the following third parties:

• Service providers: We share your Personal Data as necessary for any third party to provide services associated with the Service, including to provide measurement and analytic services. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your Personal Data for any purpose other than as they have been specifically contracted for (or without your consent).
• Other networks and connected apps: If you choose to connect your account to other apps or social networks such as Facebook or Twitter, you will be sharing certain information with these apps or networks. Lunya is not responsible for these other apps or networks, so make sure you only connect your account with apps or services that your trust.
• Advertisers: We allow advertisers and associated third parties to collect and use information they need to confirm that their ads are properly served and to measure the success of their campaigns on websites and apps. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Lunya related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. If you prefer that we do not share your Personal Data with third-party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 13.4(a) below.  
• Business Partners, Third Party Marketing Partners and Affiliates: We may disclose your Personal Data to our business partners, third party marketing partners and affiliates with whom we have contracted to provide products or services for commercial purposes. For example, your personal information may be shared with business partners with whom we jointly offer products and services. We require our business partners, third party marketing partners and affiliates to agree in writing to maintain the confidentiality and security of the Personal Data they obtain and use on our behalf.
• Lunya has partnered with Rakuten Advertising for analytics. Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

Privacy policy : https://rakutenadvertising.com/legal-notices/services-privacy-policy/

Your rights : https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/

• Other users: Information in reviews you post will be accessible by other users of the Service.
• Corporate Affiliates: We may share information with our corporate affiliates, parents and/or subsidiaries.
• Others With Your Consent: We may ask for your explicit consent to share certain information with third parties.

We may also share information about you in the following contexts:

• Pursuant to an investigation: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public.
• Pursuant to a business transfer: We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Lunya or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.
• As Anonymized Data: We frequently aggregate Personal Data in a way that makes it impracticable to use that data to identify a particular person; we also sometimes maintain individual data records with personal identifiers removed, and maintain in a manner in which it is impracticable to relink it to any particular individual. In this Privacy Policy, we refer to such data as “Anonymized Data” and do not consider it to be Personal Data. We may use Anonymized Data in order to create statistical information regarding the Service and its use, which we may then share with third parties. 

4.2 Disclosures of Personal Data for a Business Purpose.

In the past 12 months, we have disclosed the following categories of your Personal Data to the third parties described in Section 4.1:

• Identifiers.
• California Customer Records Personal Information Categories.
• Protected Classification Characteristics under California or Federal Law.
• Commercial Information.
• Internet or Other Similar Network Activity.
• Geolocation Data.

4.3 Sales of Personal Data.

In the past 12 months, we have disclosed the following categories of your Personal Data to the third parties described in Section 4.1:

• Identifiers.
• California Customer Records Personal Information Categories.
• Protected Classification Characteristics under California or Federal Law.
• Commercial Information.
• Internet or Other Similar Network Activity.
• Geolocation Data.

SECTION 5 - SOCIAL MEDIA FEATURES AND WIDGETS

Our Service may integrate with social sharing features or other related tools which let you share actions you take on our Service with other apps, sites or media, and vice versa. These features may enable the sharing of information with your friends or the public, depending on the settings you establish with the social sharing site. For example, you may click on a Facebook “like” button, which publishes to your Facebook account that you “like” one of the pictures or profiles featured on the Service. These features may also collect your IP address and which page you are visiting on our Service, and may set a cookie to enable the feature to function properly. Your interaction with these features are governed by the privacy policy of the relevant social sharing site. Please refer to the privacy policies of those social sharing sites for more information. As stated below, we cannot control Service visitors' and users' use of any such information or content you choose to make available publicly.

SECTION 6 - "DO NOT TRACK" SIGNALS

Please note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. The Service does not alter its practices when it receives a “Do Not Track” from a visitor’s browser.

SECTION 7 - CONTROLLING YOUR PERSONAL DATA

• In order to process your Personal Data, we rely on your consent or our legitimate interests to process your data. You may withdraw your consent or object to the use of our Personal Data at any time, but you may no longer be able to access the Service.  If you wish to withdraw your consent, please contact us. To opt out of having your data shared with third party marketing partners for commercial purposes please contact us. Please note that once we have removed your Personal Data as described in this Privacy Policy, we may send you a final confirmation email to let you know that such removal process has been completed.
• Other users may be able to identify you, or associate you with your account, if you include Personal Data in the content you post publicly. We are not responsible for, and this Privacy Policy does not apply to, information you choose to post publicly.
• Please note that the Service may contain links to unaffiliated third-party sites. We suggest you read the privacy policies on or applicable to all such third-party services. 
• You can adjust your privacy settings by following the appropriate links on our Service or by contacting us. If you receive an email from us, you can unsubscribe at any time by following the instructions provided within those emails.
• To control cookies, you can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. You can also manually delete previously stored cookies at any time. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. 
• The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/.
• Please note that if you choose to block cookies, doing so may impair the Service or prevent certain elements of it from functioning.

SECTION 8 - DATA RETENTION AND ACCOUNT TERMINATION

You can close your account by following the appropriate links on our Service or by contacting us. Once your account is closed, no further data will be collected, but we may retain information about you for the purposes authorized under this Privacy Policy, unless prohibited by law. Please note that we may automatically collect information about you through cookies, pixels or the other tracking technologies described in this Privacy Policy if you revisit the Service after you have closed your account. To prevent this, you will need to adjust your browser settings before revisiting the Service.

You can update or correct personal information (e.g., your email address) by accessing your account. You can also access or rectify your information by reaching out to us. You can delete your information by contacting us with your first name, last name, and the respective email addresses you would like for us to delete.

Please note that we have the right to reject deletion requests that are unduly burdensome or repetitive or that cannot be honored in light of legal obligations or ongoing disputes, or where retention is necessary to enforce our agreements or protect our or another party’s rights, property, safety, or security. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. The time-period for which we keep information varies according to the information’s use. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we plan to retain it for no longer than is necessary to fulfill a legitimate business need. Please also note that even after you have deleted your account, other content associated with your use of the Service may still be accessible and viewable in accordance with applicable law and our Terms of Service.

We may maintain Anonymized Data after you delete your account for analytics purposes.

SECTION 9 - CHILDREN>

The Service is not directed to children under 16 and children under 16 are not permitted to use the Service. We do not knowingly collect Personal Data from children under 16. If you become aware that a child has provided us with Personal Data without parental consent, please contact us (see “Contact Information”). If we become aware that a child under 16 has provided us with Personal Data without parental consent, we take steps to remove such information and terminate the applicable account.

SECTION 10 - SECURITY

We use commercially reasonable efforts to follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect information about you, we cannot guarantee its absolute security.

SECTION 11 - LOCATION OF DATA AND TRANSFERS OF INFORMATION

This website is owned and operated by Lunya Company, which is located in the United States. If you are located outside of the United States, please note that Personal Data will be processed in the cloud by our cloud service providers (currently Amazon Web Services and Shopify), which offer sufficient guarantees to implement appropriate technical and organizational safeguards that meet the GDPR’s standards. We have a data processing agreement in place with our cloud service providers consistent with the requirements of the GDPR and, in the event of any unauthorized access to, or use of, Personal Data, the appropriate authorities will be notified. All information is transmitted to us by our cloud service providers, will be processed in the United States, and will be handled and protected under the terms of this Privacy Policy and applicable U.S. laws, which may not be as protective as the laws in your country. By using the Service, you agree to this.

SECTION 12 - EEA USERS

Lunya endeavors to be fully compliant with the General Data Protection Regulation (GDPR). Lunya may act, depending on the circumstances, as either or both a Controller and a Processor of Personal Data (as the terms “Controller” and “Processor” are defined in the GDPR). We act as the Controller of information that we ask you to provide to create an account and information that we automatically collect when you use the Service. We act as the Processor of user-generated content and information provided to us by third parties or other websites.

EEA users have the right to request access to Personal Data, as well as to seek to update, delete or correct their Personal Data. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact us for additional access and assistance.

SECTION 13 - YOUR CALIFORNIA PRIVACY RIGHTS

13.1 California’s Shine a Light Law. 

California Civil Code Section § 1798.83 permits California residents that are users of our Service to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please contact us.

13.2 Deletion Rights.

As a user of our Service and California resident, you may request that delete the Personal Data we have collected from you. Once we receive and confirm your verifiable request in accordance with the procedures described in Section 13.6, we will either: (a) confirm the deletion of your Personal Data and direct any service providers to delete same; or (b) reject the deletion and provide you with the reason for such rejection. We may reject your deletion request if retaining your Personal Data is necessary for us or our service providers to: (i) complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you; (ii) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; (iii) debug products to identify and repair errors that impair existing intended functionality; (iv) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; (v) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); (vi) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent; (vii) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (viii) comply with a legal obligation; (ix) make other internal and lawful uses of that information that are compatible with the context in which you provided it; or (x) your request is for B2B Personal Data.

13.3 Access and Data Portability Rights.

As a user of our Service and California resident, you may request that we provide you with access to Personal Data that we have collected over the past 12 months. Once we receive and confirm your verifiable request in accordance with the procedures described in Section 13.6, we will provide you with the:

• of Personal Data we have collected about you;
• categories of sources for the Personal Data we have collected about you;
• business purposes for collecting or selling your Personal Data;
• categories of third parties of which we share your Personal Data;
• specific pieces of Personal Data collected about you in a readily useable format; and
• if we sold or disclosed your personal information for a business purpose, both
• the sale itself; and
• the business purpose for such sale.

13.4 Personal Data Sales Rights.

Opting-Out of Personal Data Sales

• If you are a (i) user of our Service, (ii) a California resident, and (iii) over the age of 16, you may request that we do not sell your Personal Data at any time. To exercise this right, you may opt-out by submitting a request to us, calling us at +1 310 395 2666, or submitting this form.
• If you opt-out of the sale of Personal Data using the link above, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months. However, you may opt-in to the sale by submitting a request to us at here.

Opting-In to Personal Data Sales

• We will not sell Personal Data of our users if we know they are under the age of 16 unless we receive an affirmative authorization from such user if the user is over the age of 13 but not yet 16. If you are (i) a user of our Service, (ii) a California resident, and (iii) between the ages of 13 and 16, you may affirmatively opt-in to the sale of your Personal Data by submitting a request to us at here. 
• If you are (i) a user of our Service, (ii) a California resident, and (iii) under the age of 13, your parent or guardian may affirmatively opt-in to the sale of your Personal Data by submitting a request to us at here. 
• If you opt-in to the sale of Personal Data using the link above, you may opt-out to future sales by submitting a request to us at here.

13.5 Non-Discrimination Rights.

Non-Discrimination.  If you exercise your rights under the CCPA as described in Sections 13.2 – 13.4, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or quality of goods and services for exercising such rights.

13.6 Exercising Your Rights.

If you are a user of our Service and a California resident, you may submit a verifiable consumer request to exercise your rights hereunder pursuant to this Section 13 by either: (a) contacting us; or (b) calling us at +1 310 391 2666. Your request must provide enough information for us to reasonably verify: (i) you are either (1) the person whose Personal Data we have collected, or (2) an authorized representative of the person whose Personal Data we have collected; and (ii) the rights you are asserting in your request. We will try our best to respond to your request within 45 days. If we require more time to process your request, we will inform you of the reason why via email or mail, depending on the method you select when making your request. For clarity, any disclosures made by us shall only cover our Personal Data and the 12 month period preceding your request.

SECTION 14 - MODIFICATIONS TO THIS PRIVACY POLICY

We may occasionally update this Privacy Policy. You can see when it was last updated by looking at the effective date at the bottom of this page. If we make any significant changes we'll post them prominently on our website and notify you by other means as required by law. Your continued use of the website after a revision to the Privacy Policy indicates your acceptance and agreement to the current Privacy Policy. We recommend that you periodically review the Privacy Policy to make sure you understand and are up-to-date on how we're keeping your information safe.

SECTION 15 - CONTACT INFORMATION

If you have any further questions regarding our privacy practices or information about you, please feel free to contact us by email at the following address:

Lunya Company
1031 Broadway
Santa Monica, CA 90401
happiness@lunya.co

SECTION 16 - DATA PROTECTION OFFICER

Lunya also has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following email address: web@lunya.co.

SECTION 17 - EFFECTIVE DATE OF THIS PRIVACY POLICY: 7/24/20