Privacy Policy

Last updated 4th September 2024

This Privacy Policy sets forth the data protection practices of Lumene North America LLC, 530 Seventh Avenue, Fl M1, New York, NY 10018 (“Lumene”, “we”, “us” or “our”). This Privacy Policy applies to the personal data that our website visitors and online store users, such as you, share with us or which we collect automatically when you use our website or any Materials, products, or services available on or provided through the website such as the Lumene online store and Lumene Loyalty Program (collectively, the “Services”).

This Privacy Policy describes (i) how we process the information you provide us when you access or use our Services, and (ii) options you have with respect to our use of your information. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO OUR USE OF YOUR INFORMATION AS DESCRIBED HEREIN, AND ALSO AGREE THAT THE LUMENE TERMS & CONDITIONS GOVERN YOUR USE OF THE SERVICES.

Please note that our Services may include links to content of third-party service providers. Any such links to content of other service providers does not constitute our affiliation with or control over such third parties and thus, to the extent permitted by applicable legislation, we are not responsible for such content, their level of data protection nor the actions of such third parties.
 

CONTACTING US

If you have questions or concerns related to our processing of your personal data please contact us at: Lumene North America LLC, 530 Seventh Avenue, Fl M1, New York, NY 10018, hei@lumene.com
 

WHY WE PROCESS YOUR PERSONAL DATA

We process personal data only to the extent it is necessary for us to provide you the Services you have requested. We process your personal data primarily in order to offer you the opportunity to use our Services, to deliver your order, and to fulfil any possible subsequent warranty measures. We also process your personal data to send you updates about your order and questionnaires to measure your satisfaction with our Services.

In addition to the foregoing, we process your personal data for the purposes of management, analysis and development of the contractual relationship between us, for example, to provide you customer service and to carry out customer communications. We also process your personal data for the purpose of providing you such content via our Services that is most relevant to you, for developing our Services, as well as for preventing and detecting possible misconduct. We may also process your personal data to alert you as to new and interesting products, special offers and updates to our Services, within the limits of applicable legislation or based on your consent.

The legal grounds for processing your personal data are either compliance with the agreement entered into between us, compliance with legal obligations to which we are subject, our legitimate interest, or your consent as further described below.

Contractual and statutory obligations: Processing of your personal data to certain extent is necessary to enable us to fulfil the agreement we have concluded with you. For example, when you place an order in our online store or enroll in our Lumene Loyalty Program, it is necessary for us to process your personal data so that we can carry out our contractual obligations and deliver your order and register your Lumene Loyalty Program membership. Your placing of an order also creates certain statutory obligations for us related to e.g. product safety, quality of our products and product returns.

Our legitimate interest: We process your personal data based on our legitimate interest in particular to offer you first-class customer experience in our Services and to provide you the most relevant online and newsletters content as well as for administrative purposes and to preventing and resolving possible misconduct.

Consent: Based on your consent, we can process your personal data to sending you direct electronic marketing.

The provision of your personal data as described in this Privacy Policy is partially a contractual requirement. For example, when you place orders on our online store, or you join our Lumene Loyalty Program, you are required to provide us with certain personal data for processing purposes specified in this Privacy Policy. Failure to provide us personal data may prevent us from performing our contractual obligations, which may lead to you being unable to use our online store or join our Lumene Loyalty Program.
 

THE CATEGORIES OF DATA WE PROCESS

When you create a user account to use our Services, you will be asked to provide certain personal data, including the following: name, contact information, date of birth, phone number, password, as well as billing and delivery details, such as billing and delivery address. You can also voluntarily provide us information about your interests, as well as your consent to receive direct marketing. Your user account information is constantly updated (for example by your purchase history and Lumene Loyalty Program credits collected and used). When you decide to register as a customer to our online store, you will automatically join our Lumene Loyalty Program also.  

When you place orders at our online store, we may process certain personal data and information relating to you, such as: user account details (or your name, delivery and billing address(es) and phone number), type and number of products you ordered, purchase price, date of placing the order, status of your order, method of payment and specifics related to your payment, product returns and customer service requests.

We also collect metadata from your use of our Services, such as referral page, time of access, amount of data transferred, IP address, operating system and interface, your web browser type, version and language. If you visit our Services without creating a user account or placing orders, we will only process the above mentioned metadata.

Like most websites we use cookies or similar technology to collect information about visitors to our site. We allow selected third parties to place cookies through the site to provide us with better insights into the use of the site or user demographics or to provide relevant advertising to you. These third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our website. Please read our Cookies Policy (below) for more details. We do not currently use technology that recognizes a “Do Not Track” signal from your web browser.
 

ACCESSING YOUR INFORMATION AND YOUR CHOICES

You can update, amend or delete your information at any time by emailing us at hei@lumene.com.

You can choose not to receive emails from us by “unsubscribing” using the instructions in any email you receive from us. This will not stop us from sending emails about your account or your transactions with us.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites. If you block cookies performance of the site may be impaired and certain features may not function at all.
 

TRANSFERS OR DISCLOSURES OF YOUR PERSONAL DATA

1. Why we transfer or disclose your personal data

We may to transfer or disclose your personal data to other companies within the worldwide Lumene group or to external service providers as follows. We may disclose personal information if you have provided consent or authorized us to do so.

We may disclose personal information to our partners or service providers within the limits permitted by law, e.g. for purposes of carrying out deliveries, billing or marketing. For example, to execute your orders, we use services of our partners (such as payment services offered by banks or credit card companies shipping and delivery services offered by dispatching companies, or advertising and analytics services); if you agree to receive product and special offers information we may use the services of an email services provider to send the requested information. We will only provide these partners the information they need to deliver the services agreed, and we require that these parties agree to process personal data based on our instructions and in compliance with this Privacy Policy.

In addition, we may disclose your personal information without notice only if we are required to do so by law or if we in in good faith believe that such action is necessary to conform to the provisions of the law or comply with legal process served on Lumene; to protect and defend the rights or property of Lumene; or to act in urgent circumstances to protect safety of the public.

In case we sell our business or part of it or otherwise reorganize our business, personal data processed by us as a controller may be disclosed to buyers and their advisors in accordance with applicable legislation.
 

1. International transfers of personal data

Our site is maintained by our service provider that utilizes processing locations in multiple countries including the United States and countries in the EU. Therefore, please be advised that your information may be transferred to our U.S. servers or servers located outside the U.S. Disclosing your personal information to us pursuant to this Privacy Policy is at your own risk. We strive to comply with laws of jurisdictions in which we maintain operations but we make no representations that the practices described in this Privacy Policy are compliant with laws outside those jurisdictions that apply to the collection, security, use and disclosure of personal information.

To learn more about the appropriate safeguards we use, please send us an email at hei@lumene.com.

 

HOW DO WE SECURE YOUR PERSONAL DATA?

We have taken reasonable administrative, technical and organizational measures to protect the security of your personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction by appropriate technical measures such as firewalls.

Please be aware that no method of electronic transmission or storage is 100% secure. If we receive instructions using your log-in information we will consider that you have authorized the instructions.
 

HOW LONG WILL WE KEEP YOUR PERSONAL DATA?

The retention time of the collected personal data is subject to the legal basis and processing purpose for which the data were collected. We will retain your personal data for as long as they are necessary for carrying out the processing purposes specified in the Privacy Policy, such as the fulfilment of our contractual obligations (e.g. return and limited warranty periods), or for providing other customer service. When we no longer need the collected personal data, the data will be safely destroyed or irrevocably anonymized.

Where the personal data is processed on the basis of an obligation based on applicable law, the retention period may also be subject to explicit statutory requirement.

We may also retain certain personal data after the termination of the initial processing purpose, should such retention of personal data be necessary to comply with other applicable laws or should we need the personal data to establish, exercise or defend a legal claim, on a need to know basis only.
 

WHAT RIGHTS DO YOU HAVE?

CALIFORNIA RESIDENTS’ RIGHTS
Your California Privacy Rights. California residents are permitted by California law to request information about the manner in which we share certain categories of information with others for their direct marketing purposes. Please be advised that we do not share personal information with third parties for their direct marketing purposes unless we have your permission. To withdraw permission previously granted please email us at hei@lumene.com. Once we receive your instruction we will cease sharing your information, but this will not affect previously shared information.

California Consumer Privacy Act Rights.
The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. “Personal Information” is any information that enables us to identify you, directly or indirectly, such as your email address, name, shipping and billing address, telephone number, company name, credit card information, any form of identification number or one or more factors specific to your physical, physiological, mental, economic, cultural or social identity. This section describes your CCPA rights and explains how to exercise those rights. The CCPA rights described below do not apply to information collected in the employment context about our current, former or prospective employees or contractors (who receive separate disclosures under the CCPA) or to information collected about California business contacts (employees, owners, directors, officers, or contractors of companies, sole proprietorships, and other entities collected in the context of conducting due diligence regarding, or providing or receiving a product or service to or from, such companies, sole proprietorships, or entities). California business contacts have the right to tell us not to sell their information; please see below for how to exercise this right.
 

• Right to Know Information Practices. Consumers can request and receive disclosure of our personal information collection practices during the prior 12 months, including the categories of personal information we collect, the categories of sources of such information, our business purpose for collecting or sharing such information, and the categories of third parties with whom we share such information.
• Data Portability. Consumers can request and receive a copy of the personal information we have collected about them during the prior 12 months. We will require enhanced identity verification to complete this type of request for your security
• Right to Know Sharing Practices. Consumers can request and receive disclosure of our information sharing practices during the prior 12 months, including a list of the categories of personal information sold with the category of third party recipients and a list of the categories of personal information that we disclosed for a business purpose;
• Do Not Sell. Consumers can request that we not sell personal information about them; and
• Deletion. Consumers can request that we delete (and direct our service providers to delete) their personal information subject to certain exceptions. We will require enhanced identity verification to complete this type of request for your security.

 

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/Opt Out: https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/
 
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, do not sell and deletion rights described above, please submit a verifiable consumer request to us by either:
Filling out our form here.
Emailing us at hei@lumene.com

We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) including your full name, current residence address, email address, telephone number and your relationship with us, and will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be for requests for Data Portability or Deletion. We will acknowledge receipt of your request within 10 business days and will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of our need for additional time. For requests that we not sell your information, we will comply with your request within 15 days. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you.

You may make a request for disclosure of our information collection practices, the information we collected about you, or our sharing practices up to twice within a 12-month period. You may make a request that we not sell information or for deletion of your information at any time.

For requests for a copy of the personal information we have collected during the 12 months prior to your request, we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.

For requests for deletion of your information, please understand that California law permits us to retain certain information and not to delete it under certain circumstances. By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations. If we receive such a request from you, we will notify any service providers we have engaged to delete your information as well.

We will not discriminate against you as a result of your exercise of any of these rights.

Selling Information. If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of customers we actually know are less than 16 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do not Sell my Personal Information.

You may also opt-out by emailing us at hei@lumene.com and providing your name, residence address, phone number and email address. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back into personal information sales at any time by emailing hei@lumene.com. We will only use Personal Information provided in an opt-out request to review and comply with the request.

We will not discriminate against you for exercising any of your CCPA rights.
Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney. Otherwise, you may submit a request using an authorized agent only if (1) you provide the authorized agent with written permission to make a request and (2) you verify your own identity directly with us. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.

During the past 12 months, we have collected the following categories of information from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties. The categories include information we collect from visitors to our Website, registered users, employees, vendors, suppliers and any other person that interacts with us either online or offline. Not all information is collected about all individuals. For instance, we may collect different information from applicants for employment or from vendors or from customers.

 

[TABLE APPEARS HERE]
 

Financial Incentives. We may offer you various financial incentives such as discounts and special offers when you provide us with personal information including contact information and identifiers such as your name, email address and/or mobile phone number. When you sign-up for our Lumene Loyalty Program, email lists or other discounts and special offers, you opt-in to a financial incentive. You may withdraw from a financial incentive at any time by opting-out from the emails you initially signed-up for or closing your Lumene Loyalty Program account. Generally, we do not assign monetary or other value to personal information, however, California law requires that we assign such value in the context of financial incentives. In such context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the personal information was collected.

 

NEVADA RESIDENTS’ RIGHTS

We do not transfer personal information for monetary consideration. If you would like to tell us not to sell your information in the future please email us at hei@lumene.com with your name, postal address, telephone number and email address with “Nevada do not sell” in the subject line.

COLORADO RESIDENTS’ RIGHTS

This section applies solely to Colorado residents and supplements our Privacy Policy above.

Bona Fide Loyalty Program

We may offer you various financial incentives, such as discounts and special offers, when you enroll in the Lumene Loyalty Program. To enroll in our Lumene Loyalty Program, we typically ask that you provide your email address and create a password, and you may also be required to provide us with your name, address, birthday and phone number. Once you enroll, we also will collect information about purchases you may make.

In connection with our Lumene Loyalty Program, you can receive incentives and benefits based on certain purchases and other activities. You can join the Lumene Loyalty Program and find program details, terms and conditions on our website. You may also withdraw from the Lumene Loyalty Program at any time by cancelling your Lumene Loyalty Program account, using the contact form or by emailing hei@lumene.com. If you exercise your right to request deletion of your personal information, it will be impossible for us to continue providing Lumene Loyalty Program benefits to you because we will no longer have the information required to provide you with certain benefits.

The categories of personal information collected through our Lumene Loyalty Program that may be sold or processed for online targeted advertising include identifiers (such as your name and email address), online activity information (such as IP address, browsing history and other information regarding your interactions with our website), and commercial information (such as details about your purchases). We may share some of your personal information with our service providers, including, without limitation, data analytics providers, digital advertising providers, operating system and platform providers. We do not provide the personal information collected through our loyalty program to Data Brokers, as defined by the Colorado Privacy Act.

 

CHILDREN’S PRIVACY

This site is not designed nor intended to be attractive to use by children under the age of 13. We do not knowingly collect information from children under the age of 13. If you are under 13 please do not submit any information to us.
 

CHANGES TO THIS POLICY

We reserve the right to update and modify this privacy policy. The privacy policy in effect at the time you use the site governs how we may use your information. If we make material changes we will post the revised privacy policy with a revised effective date on this page. Please check back here from time to time to review any changes.

Unless otherwise provided by mandatory applicable legislation, we may not personally post changes to this Privacy Policy to the data subjects in person.
If for some reason you believe that we have not adhered to the foregoing, please notify us by email at hei@lumene.com or at the address above, and we will do our best to determine and correct the problem promptly.  
 

USE OF COOKIES ON LUMENE WEBSITE

WHAT ARE COOKIES

To facilitate the use of our website at www.lumene.com (“website”), we are using cookies and other similar technologies (“cookies”). Cookies are small units of data stored on the hard drive of your computer or other terminal device by your browser that include an identifier (such as a randomly created set of numbers), which allow us to collect information from your use of our website and to "remember" your actions or preferences over time. Cookies do not harm your computer or other terminal device and do not contain viruses or other malware.

Cookies are specific to the server that created them and cannot be accessed by other servers, which means that the cookies cannot be used to track your actions around the web. Although the cookies do identify a user's terminal device, we cannot personally identify the users of our website through cookies without the use of certain additional information.

As further specified below, some of the cookies we use are necessary for proper functioning of our website or online store, some are necessary to improve the website performance or the user experience, and some are used for purposes of targeting marketing viewed to you around the web.

The cookies on our website may be placed on your terminal device by us or by a third party service provider, such as Google.

 

WHAT INFORMATION DO WE COLLECT THROUGH COOKIES?

We and third parties collect in particular the following information though cookies:

• IP address
• Time of visit
• Referral page
• Pages viewed
• Type of the user’s browser (such as Internet Explorer, Firefox)
• Geographical location of the user

 

WHY DO WE USE COOKIES?

We use cookies, and allow third parties to use cookies to better understand how our website is used and to allow improved navigation. Cookies help us to determine, for example, whether a page on our website has already been viewed by you. Cookies may also tell us whether you have visited our website before or whether you are a new visitor, as further specified below:

 

• Necessary cookies: Necessary cookies are required for the operation of our web-site and under our terms with you. They include, for example, cookies that enable you to log into secure areas of our website, or to use a shopping cart.
• Functionality cookies: We use functionality cookies to recognize you when you re-turn to our website. This enables us, subject to your choices and preferences, to personalize our website’s content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Analytical/performance cookies: These cookies allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us for our legitimate purposes to improve the way our web-site works, for example, by ensuring that users are finding what they are looking for easily.

 

Analytical/performance cookies are placed on your terminal device by third parties that use cookies to collect e.g. the following information for us: the number of visi-tors on our website, how and from where the visitors came to the website, what content they viewed and for how long their visit lasted. We use the statistics com-piled from this information to improve the functionalities and the contents of our website.

 

• Targeting cookies: These cookies record your visit to our website, the pages and content you have viewed, as well as the links you have followed. We will use this information subject to your choices and preferences to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

 

Targeting cookies are placed on your terminal device by third parties that collect information through these cookies, for example, information on the contents viewed by you. Based on this information, these third-party service providers can create target groups of visitors to whom they or their partners can view such marketing regarding our products that is likely of your interest. By targeting advertising, we aim at providing such marketing to you that is meaningful and timely.

 

HOW TO DISABLE COOKIES?

Where you have given your consent for placing third-party cookies on your device and you want to revoke your consent, you can prevent them from being used.
Most web browsers automatically accept cookies, but if you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer's hard drive, block all cookies or to receive a warning before a cookie is stored.

Refer to your browser’s user guide to find out how to control cookies by adjusting your browser’s preferences.

You should note that disabling the use of all cookies may affect the functioning of our website, and therefore some of the functionalities of our website may not be available to you after you have disabled cookies. If you disable only third-party cookies, you can still use our website, such as make purchases on our website. If you disable all cookies, you will be unable to complete a purchase on our website.

If you want to learn more about tailored browser advertising and how to opt out of third-party cookies, you may visit the Network Advertising Initiative’s Consumer Opt-Out Link and/or the Digital Advertising Alliance’s Consumer Opt-Out Link. If you want to opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page.

 

CHANGES TO THIS COOKIE POLICY

We reserve the right to update and modify this Cookie Policy. Unless otherwise provided by mandatory applicable legislation, we may not personally post changes to this Cookie Policy to the users of our website in person, and therefore we prompt you to check this policy from time to time for possible changes. You can tell when changes have been made to the Privacy Notice by referring to the “Last Updated” legend on top of this page. If for some reason you believe that we have not adhered to what is stated in this Cookie Policy, please notify us by email at hei@lumene.com, and we will do our best to determine and correct the problem promptly.