Privacy Policy

At Lumo Bodytech, Inc. (“Lumo”) we respect your privacy, and are committed to protecting any personally identifying information you may share with us. This Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect and use the information you decide to share, information we may access or collect while you use our products and services, and to help you make informed decisions when providing personally identifying information as a visitor or registered user at https://www.lumobodytech.com, while using our various software services, or while accessing or using other services such as email.

By accessing our website, using our software services or sensor devices, or by otherwise providing us with your personally identifying information, you are accepting the practices and policies described in this Privacy Policy. Our Privacy Policy may change from time to time, and any changes will be posted on this page, and if the changes are significant, we will provide a more prominent notice.

If you have questions or concerns regarding the Privacy Policy, you should first
contact us at privacy@lumobodytech.com.

Our Privacy Policy applies to our services, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy. Similarly, our Privacy Policy does not apply to services offered by other companies or individuals, including third party services used by Lumo. For these third party services, we encourage you to familiarize yourself with the applicable third party privacy policies.

What Information Does Lumo Collect?

Information you share with us. We have access to information that you voluntarily provide us, whether via email, our websites and various other online forums, while using our sensor devices or software services, or other contacts initiated by you, including for example all information you disclose to us when using our products or services. Information you share with us may include your personally identifiable information such as name, address, or other contact information, as well as various other information pertaining to your use of our products or services such as user data obtained through any sensor device and stored, accessed or used through our products or services. If you choose to register with us and create a user profile you are required to enter your name, contact information including email address, and to create a password. Additionally, you have the option of providing us with date of birth, gender, creating a screen name, or storing your shipping address.

Lumo is the sole owner of the information disclosed to us or collected at www.lumobodytech.com or through services offered at the website including various mobile platforms integrated with our website such as the Lumo devices and related software services. We will not use, sell or rent your personally identifiable information to anyone other than as permitted by the Privacy Policy, or specifically requested or authorized by you when accessing or using our services.

Information we learn from your use of our services. We use browser session data to store your session data, such as shopping cart contents, while you browse our web site. Your data will be stored only for that browser session. However, if you have logged in as registered user, then your activities will be saved by browser session and stored on our servers with a session ID.

Like many companies, we monitor the use of our website, as well as products and services (including our various sensor products and software services,) by collecting information such as browser type, operating system, IP address, and the like. Similarly, we may access your software or sensor devices to retrieve and collect various diagnostic information. No personally identifiable information is collected in this process but this aggregate information may include various data pertaining to you and your use of our services as collected or stored by our products and services. This information is typically limited to device data, customer demographics and biomechanical data, traffic patterns, sales, service, product and site usage. We may however use your information in aggregate or anonymized formats for various sales, promotional, marketing, research, and other commercial purposes purposes, for example to identify various use and performance records for our products or services, and to improve the usability, performance and effectiveness of our products and services. This information may be disclosed to third parties as aggregate or anonymized data, without any of your personally identifiable information.

Cookies, Pixel Tags, and other data identifiers. In some instances, we may collect data through session and persistent cookies, pixel tags, web beacons, and banner ads and third party tracking and analytic tools used to collect aggregate and other non-personally identifiable information. For example, when you visit our websites, a session log will be automatically generated to help us determine how you accessed and used our site. The data gathered includes the originating Internet Protocol (IP) address (which contains no personal information), the referring website, the website pages you visited, and other related session and activity data.

We also use information collected from cookies and other anonymous identifiers to improve your user experience and the quality of our services, as well as when you interact with services we offer to or through our partners, such as advertising or commerce services. We only use this data in aggregate form without access to any personally identifying information. The majority of web browsers accept cookies and similar files, but you can usually change the browser settings to prevent this. However, if you do so, some functionality of our site may be impaired or lost, particularly any site customization features.

Our website, as well as other products and services, may provide links to third-party websites that are outside of our control and not covered by our Privacy Policy, e.g. Facebook® and Twitter®. When you access or use such services through our products or services the use of your data is governed by that third party website’s privacy policy. We encourage you to review the privacy policies posted on these (and all) sites to learn about those sites policies and practices with respect to your personally identifying information. You may also share your data with third parties, for example by asking us to link your user account with a third party application or website (such as social media sites) including to post and share your personal performance data on such websites. You can revoke consent to share such information at any time through your Lumo user account privacy settings, but you are responsible and liable for any data you choose to disclose, as well as the use and security of any data you share with or through those third party sites.

Software Apps & Sensor Devices. When using Lumo sensor devices, as well as their related software such as the Lumo Run or Lumo Lift applications, we collect certain types of information in order to provide the services that you have requested, to better understand your use of our products and services, and to research, analyze, and improve our products and services. This information may include various personally identifiable information such as your name, gender, height, weight, as well as data about your use of our services and devices, such as detailed information collected while monitoring your movements and activity. This information may also include data on your posture and movements, your activity level, calories you consumed, and other related biographical information (e.g., your gender, weight, height, birth date,) as well as performance and biomechanical information as obtained from your use of our products and services.

We may also collect information from the devices and software you use to access our services, including while you are using our products or services. This information may include precise location tracking services and data such as GPS information. Such geolocation services are provided upon your request and authorization when first installing or using our software, and are used to provide you with location-based services and features requested by you, for example to obtain location data during an activity, to map a route, calculate distance, pace, or other related kinematics. This geolocation data is collected during your activity sessions, and is stored for your specific access and use. You may also be able to disable such location tracking information or services via your mobile computing device.

How Does Lumo Use This Information?

We use the information we collect to provide the service or transaction you requested, and importantly, to maintain and improve the products and services we provide, including for example by providing you with a better user experience when accessing our website, or using our devices or software. We only use or process your information in a way that is compatible with and relevant for the purpose for which it was collected or authorized for use, for example to store your comments or the tags you apply to any activity, or to track the number of times an activity or exercise is performed, so that you can retrieve such comments at a later time. Similarly, when you sync a Lumo device (e.g., the Lumo Lift or Lumo Run) through a related Lumo software application, the data recorded on your device will be transferred to our servers, stored and used to provide the services you request.

We may share your personally identifiable information with authorized thirdparties, agents, or our affiliated businesses or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company.

We may collect and share personally identifiable information when we have a good faith belief that access, use, or disclosure of such information is reasonably necessary to satisfy any applicable law, rule, regulation, or enforceable governmental or administrative request, enforce our applicable Terms of Service, including investigation of potential violations, detect, prevent, or address fraud, security or technical issues, or protect against harm to the rights, property or safety of Lumo Bodytech, Inc., our users or the public.

Our use of personally identifiable information other than for the purpose of completing a requested transaction or service is on an opt-in basis. This means that you will not receive communications from us regarding, for example, specials, new products or new services, unless you have given us affirmative permission to receive such communications. Similarly, when you first install or use our software applications you may be asked to provide us with permission to provide you with notifications, both while using our products or services and at other times. If you permit us, we will provide such notifications, for example by sending you push notifications via our software applications. If you do not want these notifications, you can manage your preferences through your device or app settings depending on your device type.

We may use data and information collected or learned thorough our products and services in de-identified or aggregate formats so that the information does not identify you. Our use and disclosure of this type of aggregate or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose. This type of de-identified or aggregate information may be used for example to help us perform market or user research, generate reports or analytics about our users, services, and products, research markets, users, products or services, including to research user activities while using our products or services.

Is My Information Shared With Other Companies?

Except as stated in our Privacy Policy, we will not disclose personally identifiable information about our users to any third party without your prior consent. We share personally identifiable information with third parties only to the extent necessary to render services you have requested, for example to trusted business partners who process information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures such that you receive at least the same level of data privacy and protection as is offered here, including subject to the US-EU and US-Switzerland Safeharbor Agreements as explained below.

We may share non-personal, aggregate information regarding customer demographics, traffic patterns, sales, and site usage with our partners, advertisers or sponsors. We may offer some services on or in collaboration with other Internet web sites. Personally identifiable information that you provide to those third-party sites may be sent to us so that we can deliver the requested service. We process such information under our Privacy Policy.

We may also provide you with access to third party websites or other applications, such as gadgets or extensions, through our website. Any information collected when you enable or access a third party application or website on our site is processed under our Privacy Policy, but any information collected by a third party application provider is governed by their privacy policies.

How Do I Access Or Change My Personal Information?
To provide our services, and for you to gain the optimum benefits of our products and services, we need to store and provide you with access to your personal information when accessing or using our services and products. You can review, and update the personal information for your account by contacting us at privacy@lumobodytech.com. When updating your personal information, we may ask you to verify your identity before we act on your request, and at our discretion, we may reject requests that are unreasonably repetitive, require disproportionate technical effort or are impractical, or risk the privacy rights of other users. We may not immediately delete copies of your outdated information from our servers and may not remove all outdated information from our backup systems after you delete this information. This residual retention period is necessitated to protect our information servers from accidental or malicious loss of data.

What Are Lumo’s Information Security & Compliance Practices?
We store your personal data on a secure server that is password protected and shielded from outside access by a firewall. We practice safety procedures intended to ensure, as far as possible, the security and integrity of all our information, including your personally identifying information. When purchasing a product or service through a Lumo website we offer the use of a secure server and all user credit information is transmitted via Secure Socket Layer technology to a third-party service provider and is then encrypted as a part of their transaction processing. Whether during or after a transaction your private information will not be stored on Lumo servers. However, no system or information can ever be fully protected against every possible hazard. As a result, we cannot assure or warrant the security or privacy of any information you provide to us and, accordingly, you do so at your own risk.We also use a self-assessment and self-certification approach to assure compliance with this Privacy Policy and to periodically verify that this policy is accurate, comprehensive for the intended purposes, and prominently displayed for consumer review. We encourage interested persons to share any concerns with us and we will investigate and attempt to resolve any complaints and disputes regarding the use or disclosure of your information. If a complaint or dispute cannot be resolved through our internal processes, then we agree to dispute resolution through a third party resolution provider such as the Council of Better Business Bureaus (BBB), TRUSTe, or Direct Marketing Assoc., that also incorporate the Safe Harbor Framework.

Information Collected from Residents of the European Union

Lumo’s services are hosted and operated entirely within the United States of America, and any information you submit to us is presumed to be hosted on servers located within the USA, and you consent to this transfer of your personal information to United States jurisdiction by accessing or using our services. Please note that United States laws may vary from your national laws, and may not offer the same privacy protections as your national laws.

Lumo adheres to the U.S. – EU Safe Harbor Agreement implementing the Privacy Shield framework, and the U.S. – Switzerland Safe Harbor Agreement concerning the transfer of personal data to the United States of America. We follow the Safe Harbor Principles published by the U.S. Dept. of Commerce with respect to all such data. If there is any conflict between this Privacy Policy and the Safe Harbor Principles, the Safe Harbor Principles shall govern. Our Safe Harbor certification may be reviewed at the U.S. Dept. of Commerce Safeharbor website, and more information about the Safe Harbor Principles may also be found by visiting the U.S. Dept. of Commerce.

Lumo shall promptly investigate any complaint received under the Privacy Shield framework and respond within forty-five days of receipt of complaint. Lumo will also work with the U.S. Dept. of Commerce and the Federal Trade Commission as designated Data Protections Authorities to ensure complains by EU citizens are promptly investigated and resolved. In case of any unresolved privacy complaints received under the Privacy Shield framework, we will refer the complaint and submit to the jurisdiction of the independent dispute resolution program BBB EU Safe Harbor Program as administered by the Council of Better Business Bureaus. If your complaint is not resolved to your satisfaction through our internal dispute Privacy Policy Page 7 of 7 05/11/2016 ver. 3.0 resolution efforts, then please visit consult with the BBB EU Safe Harbor program for more information or to file a complaint.

COPPA Disclaimer
The Children’s Online Privacy Protection Act (COPPA) was created to protect children under the age of thirteen from unsuspecting practices related to collecting, using, or disclosing any information about them. Our services are neither intended nor directed for use by children under the age of thirteen. Lumo does not knowingly accept, collect, maintain or use any information from any child under the age of thirteen, and if a child whom Lumo knows or suspects to be under the age of thirteen sends personal information to us online, we will only use that information to respond directly to that child, notify the parents, or seek parental consent.

Who Do I Contact With Other Questions?

If you have any questions about our Privacy Policy, please contact us at privacy@lumobodytech.com. Complaints will be resolved internally in accordance with our complaints procedures.

This Policy does not supersede the Terms of Use that govern your use of the site, or our Terms of Service that govern your use of our various software. Any conflict between this Privacy Policy and the Terms of Use or Terms of Service shall be resolved in favor of the Terms of Use or Terms of Service as appropriate.

©2014-2016 Lumo Bodytech, Inc. All rights reserved. Lumo reserves the right to make changes in services, terms, and other information contained in this document without prior notice. The reader should in all cases consult Lumo to determine whether any such changes have been made. Revised May 2016.