Version Last Updated: December 9, 2020
In this policy, the “Company”, “we”, “us”, “our” means Lukka, Inc. “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 a Lukka Product you are using links to this policy, it applies to you.
Customers of our Products are solely responsible for establishing policies and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations, relating to the collection of personal information in connection with the use of our Products by individuals with whom our Customers interact. 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 people’s personal information in accordance with data protection legislative requirements.
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, you acknowledge that we use your personal information as set out in this policy.
“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, online identifier or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity.
Some examples of personal data that we may collect are:
personal particulars (e.g. name, contact details, residential address, date of birth, identity card/passport details, and/or education details)
financial details (e.g. income, revenue, assets, credits, deductions, expenses);
images and voice recordings of our conversations with you;
employment details (e.g. occupation, directorships and other positions held, employment history, salary, and/or benefits);
device information (e.g. internet protocol (IP) address, device type, unique identifier, operating system, network data and phone state)
tax and insurance information;
information about your risk profile, investments, investment objectives, knowledge and experience and/or business interests and assets;
banking information (e.g. account numbers and banking transactions); and/or
personal opinions made known to us (e.g. feedback or responses to surveys).
We collect information when you register or open an account, sign in, purchase or otherwise receive access to a Lukka Product, call us for support, or give us feedback. We may also get information from other companies or third parties, such as when you sync a third party account or service with the Lukka Products, or when we may use service providers to supplement the personal data you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service. Finally, we also collect content or other information that you may provide or create when you interact with our Products.
Unless prohibited by law, regulation or a contractual obligation, we may use your information, including your personal data, for the following purposes:
Account Registration. 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.
Communicate with You and Tell You About Other Products and Services. We may use your information to communicate with you about our products and services and to give you offers for third party products and services that we think may be of use to you.
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 Our Product and Operate Our Business. 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.
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.
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.
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.
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.
Protection of the Company and Others. We may 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.
We may also use personal data for the purposes set out in the terms and conditions that govern our relationship with you or our customers generally.
We may share your personal data with third party service providers who perform various functions to enable us to provide our Products and help us operate our business, such as payment processing, sending email communications, fraud detection and prevention, customer care or performing analytics. Our contracts with these third parties require them to maintain the confidentiality of such personal data.
We may use your personal data to offer you products or services, including special offers, promotions, contests or entitlements that may be of interest to you or for which you may be eligible. 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.
To find out more on how you can change the way we use your personal data for marketing purposes, please contact us.
Nothing in this section shall vary or supersede the terms and conditions that govern our relationship with you.
We may from time to time and in compliance with all applicable laws on data privacy, disclose your personal data to any personnel of the Company or to third parties, whether located in New York or elsewhere, in order to carry out the purposes set out above. Please be assured that when we disclose your personal data to such parties, we require them to ensure that any personal data disclosed to them are kept confidential and secure.
For more information about the third parties with whom we share your personal data, you may, where appropriate, wish to refer to the agreement(s) and/or terms and conditions that govern our relationship with you or our customers generally. You may also contact us for more information (please see the “How to contact us” section below).
We wish to emphasize that the Company does not sell personal data to any third parties and we shall remain fully compliant of any duty or obligation of confidentiality imposed on us under the applicable agreement(s) and/or terms and conditions that govern our relationship with you or our customers generally or any applicable law.
If you live outside of the United States, you understand and agree that we may transfer your information to the United States. Our Sites are subject to United States laws. United States laws may not afford the same level of protection as those in your country. If you are located in the European Economic Area and you contact us, the information you provide is transferred to the United States.
No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.
All information you provide to us is stored on our or our subcontractors’ secure servers and accessed and used subject to our security policies and standards. Where we have given you (or where you have chosen) a password that enables you to access certain parts or features of our Sites, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.
The Company uses encryption to protect your information and store decryption keys in separate systems.
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.
We retain your personal data (including geo-location data) for as long as your account is active or as needed to provide you the Lukka Products or other services. We may retain or use your information as necessary to comply with our policies, legal obligations, resolve disputes and enforce our agreements.
You may request access or make corrections to your personal data held by the Company. The Company may charge a fee for processing your request for access. Such a fee depends on the nature and complexity of your access request. Information on the processing fee will be made available to you.
Please contact us (please see the “How to contact us” section below) for details on how you may request such access or corrections.
Our Products are meant for adults. Please note that we do not knowingly collect any personally identifiable 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 (please see the “How to contact us” section below). Please mark your inquiries “COPPA Information Request.”
To contact us on any aspect of this policy or your personal data or to provide any feedback that you may have, please email us at [email protected]
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. We will make available the updated policy on our Sites. All communications, transactions and dealings with us shall be subject to the latest version of this policy in force at the time.