Privacy Policy
Last update: August 9, 2024
1. Introduction
Lumica inc. ("Lumica," "We," "Us," or "Our"), the owner and operator of the mobile application available at www.Lumica.Photo and on the apple app store and google play application markets (the "Platform"), is committed to respecting your privacy and protecting your personal information. This privacy policy ("Policy") explains how lumica collects, uses, discloses, retains, and protects your personal information in accordance with applicable laws, including the general data protection regulation (GDPR) and the children's online privacy protection act (COPPA).
This policy applies to all users of the lumica platform and services. It does not apply to third-party websites or services that may be accessible through the platform.
2. Personal information we collect
We collect only the personal information necessary to establish, manage, and maintain our relationship with you and to provide our services. The personal information we may collect includes:
Your name and surname;
Your email address;
Your date of birth;
Your address;
Your phone number;
Payment information;
Files you upload to the Platform (including metadata, GPS location, and camera settings);
Information about your use of the Platform and technical data related to your browsing behavior;
Marketing information and communication preferences;
Any requests you make to us.
3. How we collect your personal information
We collect personal information in the following ways:
A) Directly from you: when you create an account, communicate with us, upload files, make purchases, or fill out forms on the platform.
B) From third parties: we may collect information from third-party sources, including when you log in through apple or google. We may access your public profile information in accordance with their privacy policies.
C) Through cookies and tracking technologies: we use cookies and other tracking technologies to personalize and improve your experience on the platform. You can manage cookie settings in your browser, but disabling them may affect your use of certain features.
4. Legal basis for processing - GDPR Compliance
Under GDPR, we process your personal data based on the following legal grounds:
A) Consent: where you have given clear consent for us to process your personal data for a specific purpose.
B) Contract: where processing is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into a contract.
C) Legal obligation: where processing is necessary for compliance with a legal obligation to which we are subject.
D) Legitimate interests: where processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms.
5. Purposes for using your personal information
The personal information we collect is used for the following purposes:
Providing and maintaining our services and the Platform;
Processing transactions and delivering products;
Managing and improving the Platform and services based on your usage;
Communicating with you regarding changes or improvements to the Platform and services;
Ensuring compliance with legal obligations and protecting our legitimate business interests.
We will obtain your consent before using your personal information for purposes not identified in this Policy, except as permitted by law.
6. Consent to collection and use
By using lumica's platform and services, you consent to the collection, processing, and use of your personal information as described in this policy. You may withdraw your consent at any time, subject to legal or contractual restrictions, which may affect your ability to use our services.
7. Disclosure of personal information
We may share your personal information with third parties under the following circumstances:
A) Service providers: to service providers who assist us in operating the platform, processing transactions, or delivering products. These providers are contractually obligated to maintain the confidentiality of your information and use it only for the specified purposes.
B) Legal compliance: to comply with legal obligations, court orders, or as required by applicable law.
C) Business transfers: in the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the new owner.
We require third parties to adhere to strict confidentiality and data protection agreements before sharing your information.
8. Retention of personal information
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, to meet legal obligations, and to protect our legitimate business interests. Specific retention periods may vary based on the type of information and applicable legal requirements. We reserve the right to delete any account that is inactive for a period of at least one (1) year, as well as any data associated with such account. However, no data will be deleted without prior notice to the account holder.
9. Data security
Lumica employs industry-standard security measures to protect your personal information. These measures include encryption, access controls, and regular security audits. However, no method of transmission over the Internet or electronic storage is completely secure. You acknowledge and agree that Lumica cannot guarantee absolute security.
10. User rights under GDPR
If you are located in the European Economic Area (EEA), you have the following rights under GDPR:
Right to Access: You have the right to request access to your personal data.
Right to Rectification: You can request corrections to inaccurate or incomplete data.
Right to Erasure ("Right to be Forgotten"): You can request the deletion of your data, subject to certain exceptions.
Right to Data Portability: You can request a copy of your data in a machine-readable format and transfer it to another service provider.
Right to Object: You can object to data processing based on legitimate interests.
Right to Restrict Processing: You can request a restriction on processing under certain circumstances.
Right to Withdraw Consent: You can withdraw your consent at any time where we rely on consent to process your personal data.
Automated Decision-Making and Profiling: You have the right not to be subject to decisions based solely on automated processing, including profiling.
To exercise any of these rights, please contact our Data Protection Officer at dpo@lumica.photo
We will respond to your request within one month, as required by GDPR.
11. Age restrictions and COPPA compliance
Our services are not directed to children under 16. You must be at least 16 years old to use our services. By using the Platform, you represent and warrant that you are at least 16 years of age. We reserve the right to request proof of age at any point to verify that minors are not using our service.
If we become aware that we have inadvertently collected personal information from a user under 16, we will take steps to delete such information as quickly as possible. If you believe we might have any information from or about a person under 16, please contact us at privacy@lumica.photo
12. International data transfers
If we transfer your data outside the EEA, we ensure that appropriate safeguards are in place to protect your personal information in accordance with GDPR requirements. These safeguards may include:
Standard Contractual Clauses approved by the European Commission
Binding Corporate Rules
Adequacy decisions by the European Commission
13. Changes to this policy
Lumica may update this Policy from time to time. We will notify you of significant changes by email or through a notice on the Platform at least thirty (30) days before the changes come into effect. Continued use of the Platform after changes are made constitutes acceptance of the new Policy.
14. Governing law and dispute resolution
This Privacy Policy shall be governed by and construed in accordance with the laws of Quebec, Canada, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Privacy Policy shall be resolved in accordance with the dispute resolution provisions in our Terms of Use.
15. Questions, comments and/or complaints
If you have any questions, comments, or complaints about this Policy, or if you wish to exercise your rights, please contact us at:
Lumica Inc.
Email: privacy@lumica.photo
Our Data Protection Officer can be reached at dpo@lumica.photo
Lumica will investigate all complaints. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices.
16. Right to lodge a complaint with a supervisory authority
If you are in the EEA, you have the right to lodge a complaint with a supervisory authority in your country of residence, place of work, or place of the alleged infringement if you consider that our processing of your personal data infringes GDPR.