Version Last Updated: March 30, 2022
Lukka, Inc., Lukka GmbH and Lukka Pte. Ltd., together with other members of their group (“We”, “Us”, “Our” or the “Company”) are committed to protecting the privacy of visitors to our website and individuals or entities who register to use our products and services, including, without limitation, the Lukka Enterprise Software, Lukka Enterprise Data, Tax and Business Reporting, LukkaTax for Professionals, Lukka Reference Data, Lukka Prime Pricing Data, Market Data, Crypto Actions, Crypto Asset Classifications, Lukka Essentials, and other products and services which may be offered by the Company from time to time (each, a “Lukka Product” and collectively, the “Lukka Products” or “our Products”). This policy shall apply collectively to the Company website, lukka.tech, and all subdomains of the foregoing and any other public websites within the lukka.tech domain (together, the “Lukka Sites” or “our Sites”).
In this policy, “You,” “your,” or “yours” means the persons or entities to whom this policy applies, including, without limitation, a “Customer” of our Lukka Products, which is an individual or entity who has agreed to the terms and conditions that govern the Lukka Products or an individual or entity added as a user to an account who has agreed to the terms and conditions that govern the Lukka Products. If any of the Lukka Products you are using links to this policy, it applies to you.
The Company you are contracting with is your Data Controller and is responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with this policy, applicable laws and regulations, and global privacy standards. With respect to US customers, Lukka, Inc. is the Data Controller of your personal information processed under this policy. With respect to customers based in Singapore, Lukka Pte. Ltd. is the Data Controller of your personal information processed under this policy. With respect to all other non-US customers (including customers based within the European Economic Area (EEA)), Lukka GmbH is the data controller of your personal information processed under this policy.
Our Customers are solely responsible for establishing policies that ensure compliance with all applicable laws and regulations, agreements, or other obligations, with regards to the collection of personal information in connection with the use of our Products by individuals or entities with whom our Customers interact with. If you are an individual who interacts with a Customer using our Products, then you will be directed to contact our Customer for assistance with any requests or questions relating to your personal information.
The security of your personal data is important to us. The Company has in place safeguards to protect the personal data stored with us. This policy describes how we may collect, use, disclose, process and manage your personal data. We use commercially reasonable physical, electronic, and procedural measures to protect personal information in accordance with data protection legislative requirements. We will not use your personal information for purposes other than those purposes we have disclosed to you in this policy without your permission.
This policy applies to any individual’s personal data which is in our possession or under our control. By visiting, accessing, or using our Sites or our Products, you acknowledge that we use your personal information as set out in this policy. This policy does not apply to anonymized data as it cannot be used to identify you.
“Personal data” is data that can be used to identify a natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, email address, an identification number, location data, and online identifier or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity. The Company does not collect sensitive personal information.
In order to provide you with the Products, we may ask you to provide us with certain details or personal data. The collection of personal information is limited to what is necessary to meet the Company’s objectives. Some examples of personal data that we may collect are:
You have the right to refuse, deny, or withdraw consent on providing us with any of the personal information described above. However, we may not be able to offer our Products to you if we agree to such a request.
Should our Company develop or acquire additional personal information, outside of what was defined above, about its customers for our use, we will update this policy to reflect such additional information.
We may use your personal data in order to perform our contract with you, provide you with access to our Products, process related payments, and contact you and your agents about our Products. Personal information is used only for the intended purposes for which it was collected and only when implicit or explicit consent has been obtained, unless a law or regulation specifically requires otherwise.
In order to be responsive to you, to provide the Products to you, and to maintain our business relationship, as a matter of our legitimate interests, we may use your personal data to:
If personal information that was previously collected is to be used for purposes not identified by our then current policy, we will update this policy to define the new purpose.
The Company’s methods of collecting personal information are reviewed by our management before they are implemented to confirm that personal information is obtained fairly, without intimidation or deception, and lawfully, adhering to all relevant rules of law, whether derived from statute or common law, relating to the collection of personal information.
If you are based in the European Economic Area (EEA), use of personal information under EU data protection laws must be justified under one of a number of legal “grounds” and we are required to set out the grounds in respect of each use in this policy. We note the grounds we use to justify each use of your information in each heading below.
For the Performance of Our Contracts: We may use your name, address, phone number, and email address to register your account for the Lukka Products and to communicate important information to you. We may obtain additional personal data about you, such as address change information from commercially available sources, to keep our records current. If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your personal data. We may use your information to operate our business, including providing the Lukka Products you requested, provide you with support related to the Lukka Products, and to help us protect our Products, including to combat fraud and protect your information.
Compliance with a Legal Obligation: There are a number of legal obligations imposed by relevant laws to which we are subject, as well as specific statutory requirements e.g. anti-money laundering laws, financial services laws, corporation laws, privacy laws and tax laws. There are also various supervisory authorities whose laws and regulations apply to us. Such obligations and requirements imposed on us necessary personal data processing activities for identity verification, payment processing, compliance with court orders, tax laws or other reporting obligations and anti-money laundering controls.
To Improve the Lukka Products and Develop New Products and Services: We will use your information to personalize or customize your experience and the Lukka Products, develop new features or products and services, and to improve the overall quality of the Company’s products and services.
To Provide Customer Service and Technical Support: We may use your name, address, phone number, email address, how you interact with the Lukka Products, and information about your computer configuration to resolve questions you may have about the Lukka Products and to follow up with you about your experience.
For Feedback: We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Products and how we may improve them. Answering any survey is optional.
For Research, Including Publishing or Sharing Combined Information from Many Users, But Only in a Way that Would Not Allow You or Any Other Person to be Identified: Only in a way that would not allow you or any other person to be identified, we may prepare and share information about our customers with third parties, such as advertisers or partners, for research, academic, marketing, and/or promotional purposes. For example, we may share demographic data that describes the percentage of our customers who use a particular operating system. We or our third party partners may publicly report the aggregated findings of the research or analysis, but only in a way that would not allow you or any other person to be identified.
To Investigate or Settle Inquiries or Disputes: We may need to use personal information collected from you to investigate issues or to settle disputes with you because it is our legitimate interest to ensure that issues and disputes get investigated and resolved in a timely and efficient manner.
Response to Subpoenas and Other Legal Requests: We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief we’re required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant or other law enforcement request.
For the Purpose of Safeguarding Legitimate Interests: We may also share account information, including personal data, when we believe it is appropriate to enforce or apply the terms and conditions governing your use of the Lukka Products and other agreements; or protect the rights, property, or safety of the Company, the Lukka Products, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personal data of our customers for commercial purposes in violation of the commitments set forth in this policy.
For Marketing Purposes: We may use your personal information to send you marketing communications by email or other agreed forms (including social media campaigns), to ensure you are always kept up-to-date with our latest products and services. If we send you marketing communications we will do so based on your consent and registered marketing preferences. Such marketing messages may be sent to you in various modes, including, but not limited to, electronic mail, direct mailers, short message service, telephone calls, facsimile and other mobile messaging service. In doing so, we will comply with the Gramm Leach Bliley Act of the United States (the “GLBA”) and other applicable data protection and privacy laws. You may at any time request that we stop contacting you for marketing purposes via selected or all modes. Nothing in this section shall vary or supersede the terms and conditions that govern our relationship with you.
For Internal Business Purposes and Record Keeping: We may need to process your personal information for internal business and research purposes as well as for record keeping purposes. Such processing is in our own legitimate interests and is required in order to comply with our legal obligations. This may include any communications that we have with you in relation to the products and services we provide to you and our relationship with you. We will also keep records to ensure that you comply with your contractual obligations pursuant to the agreement governing our relationship with you.
The Company will not disclose any of your confidential information to a third party, except: (a) to the extent that it is required to do so pursuant to any applicable laws, rules or regulations; (b) if there is a duty to disclose; (c) if our legitimate business interests require disclosure; (d) in line with our binding agreements with you; (e) at your request or with your consent or to those described in this policy. The Company will endeavor to make such disclosures on a “need-to-know” basis, unless otherwise instructed by a regulatory authority. Under such circumstances, the Company will notify the third party regarding the confidential nature of any such information.
As part of using your personal information for the purposes set out above, the Company may disclose your personal information to any of its service providers and business partners, for business purposes, such as specialist advisors who have been contracted to provide us with administrative, financial, legal, tax, compliance, insurance, IT, debt-recovery, analytics, research or other services. Personal information is disclosed only to third parties who have agreements with the Company to protect personal information in a manner consistent with our privacy requirements. The Company has procedures in place to evaluate whether third parties have effective controls to meet the terms of the relevant agreement, instructions, or requirements.
If the Company discloses your personal information to service providers and business partners in order to perform the services requested by you, such providers and partners may store your personal information within their own systems in order to comply with their legal, and other, obligations.
We require that service providers and business partners who process personal information acknowledge the confidentiality of this information, undertake to respect any Customer’s right to privacy and comply with all relevant privacy and data protection laws.
Under certain circumstances, we may be required to disclose your personal information in response to valid requests by public authorities to meet national security or law enforcement requirements.
The Company respects the privacy of any users who access the Lukka Sites or Lukka Products, and it is therefore committed to taking all reasonable steps to safeguard any existing or prospective customers, applicants, and Site visitors.
The Company keeps any personal data of its customers and its potential customers in accordance with the applicable privacy and data protection laws and regulations. Additionally, the Company creates and maintains a record of authorized disclosures of personal information that is complete, accurate, and timely.
We have the necessary and appropriate technical and organizational policies and procedures in place to ensure that your information remains secure at all times. We regularly train and inform our employees on the importance of maintaining, safeguarding and respecting your personal information and privacy.
We regard breaches of individuals’ privacy very seriously and as such, the Company manages unauthorized access or disclosure of protected personal information in accordance with its Incident Management Policy. We also have processes in place with third parties to report actual or suspected unauthorized disclosures of personal information to the Company. We will impose disciplinary measures, as appropriate, for any breach or misuse of personal information by an employee or third party. Notifications of breaches and incidents will be communicated in accordance with Company policies, agreements, and applicable laws and regulations.
You can access the personal information that you provide us with when logging into your account by entering the username and password you have selected. It is your responsibility to make sure that your password is only known to you and not disclosed to anyone else. Information inputted into your account is securely stored in a safe location and accessible only by authorized personnel. Reasonable measures are taken to prevent unauthorized parties from viewing personal information transferred to the Company over as secure connection.
Our operations are supported by a network of computers, servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers and business partners store and process your personal data securely in the European Union, the United Kingdom, the United States of America and elsewhere in the world.
We may transfer your personal information outside the EEA and UK to other Company subsidiaries, service providers, and business partners (“Data Processors”) who are engaged on our behalf. To the extent that we transfer your personal information outside of the EEA and UK, we will ensure that the transfer is lawful and that Data Processors in third countries are obliged to comply with the European Union (EU) General Data Protection Act 2016 and the UK Data Protection Act 2018. If transfers of personal information are processed in the US, we may in some cases rely on applicable standard contractual clauses and binding corporate rules.
By using our Products, you consent to your personal data being transferred to other countries, including countries that have differing levels of privacy and data protection laws than your country. In all such transfers, we will protect your personal information as described in this policy and ensure that appropriate information sharing contractual agreements are in place.
You may set up your web browser to block cookies from monitoring your website visit. You may also remove cookies stored from your computer or mobile device. However, if you do block cookies, you may not be able to use certain features and functions of our Sites.
When visiting or using third party websites or products, you should read their relevant policies to understand the cookies and similar technologies they use to facilitate your use of their products and/or services.
Your personal data is retained as long as the purpose for which it was collected remains and until it is no longer necessary for any other legal or business purposes.
When we consider that personal information is no longer necessary for the purpose for which it was collected, we will remove any details that will identify you, dispose of, or securely destroy the records to prevent loss, theft, misuse or unauthorized access. However, we may need to maintain records for a certain period of time (after you cease being our Customer) where required by law or regulation or our legitimate business interest.
Also, the personal information we hold in the form of recorded information, by telephone, electronically, or otherwise, will be held in accordance with applicable legal and regulatory requirements. If you have opted out of receiving marketing communications, we will hold your details on a suppression list to document that you do not want to receive these communications.
The rights that are available to you in relation to the personal information we hold about you are outlined below. Prior to performing any of the below, the Company may require you to verify your identity through appropriate and reasonable authentication procedures.
If you ask us, we will confirm whether we are processing your personal information and, if so, what information we process and, if requested, provide you with a copy of that information in a timely manner.
In the rare instances that you are denied access to your personal information, the Company will inform you of the denial and in writing, provide you the reason a request for access to your personal information was denied, the source of our legal right to deny such access, if applicable, and your right, if any, to challenge such denial, as specifically permitted or required by law or regulation. These will be provided in a timely manner unless prohibited by law or regulation.
It is important to us that your personal information is up to date. Therefore, we will take reasonable steps to make sure that your personal information remains accurate, complete and up-to-date. If the personal information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have disclosed your personal information to others, we will let them know about the rectification where possible. If you ask us, if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them directly.
You may inform us at any time that your personal details have changed by contacting us in accordance with section 13 of this policy. The Company will change your personal information in accordance with your instructions. To proceed with such requests, in some cases we may request supporting documentation.
If a request for correction of personal information is denied, you will be provided a reason in writing and you may appeal such reason by contacting us in accordance with section 13 below.
You can ask us to delete or remove your personal information in certain circumstances however, such requests will be subject to the contract that you have with us and with applicable legal or regulatory retention periods we are required to comply with. These requests can be made by contacting us in accordance with section 13 of this policy. If we have disclosed your personal information to others, we will let them know about the erasure request where possible. If you ask us, if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them directly.
You can ask us to block or suppress the processing of your personal information if you contest the accuracy of that personal information or object to us processing it. It will not necessarily stop us from storing your personal information. We will inform you before we decide not to agree with any requested restriction. If we have disclosed your personal information to others, we will let them know about the restriction of processing if possible. If you ask us, if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them directly.
In certain circumstances, you may have the right to obtain the personal information you have provided us with (in a structured, commonly used, and machine readable format) and to re-use it elsewhere or ask us to transfer this to a third party of your choice.
You can ask us to stop processing your personal information, and we will do so, if we are:
Automated decision-making and profiling
If we have made a decision about you based solely on an automated process (e.g. through automatic profiling) that affects your ability to access our products and services or has another significant effect on you, you can request not to be subject to such decision unless we can demonstrate to you that such decision is necessary for entering into, or the performance of, a contract between you and us. Even if a decision is necessary for entering into or performing a contract, you may contest the decision and request human intervention. We may not be able to offer our products or services to you if we agree to such a request.
Our Sites and Products are meant for adults. Please note that we do not knowingly collect any personal information from children under 13 without permission from a parent or guardian. We reserve the right to limit participation in particular programs or promotions to adults. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us in accordance with section 13 below. Please mark your inquiries as “COPPA Information Request.”
To contact us on any aspect of this policy or to provide any feedback that you may have, please contact us at https://www.lukka.tech/privacyhelp.
We review this policy regularly to ensure that any new obligations and technologies, as well as any changes to our business operations and practices are taken into consideration. Any personal information we hold will be governed by our then current policy. We may amend this policy from time to time to ensure that this policy is consistent with any developments to the way the Company uses your personal data or any changes to the laws and regulations applicable to the Company.
If we make any material changes to this policy, we will notify you by email or by posting a prominent notice on our Sites and/or take such other steps as required by applicable law. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of our Products constitutes your understanding of any such changes to this policy. We will make available the updated policy on our Sites and Products. All communications, transactions and dealings with us shall be subject to the latest version of this policy in force at the time.