Privacy Policy.
PRIVACY POLICY- FOR LUMINOSITY
Last Updated on March 25, 2020
All terms in bold and italicized text is defined in Article I below. This Privacy Policy governs the data practices of Luminosity with respect to the Website and all Apps, which are collectively referred to as the Technology of Lumonosity.
This Privacy Policy is compliant with the California Consumer Privacy Act and the European Union's General Data Protection Regulation of the European Union. Luminosity may obtain data from and about Users and their devices when they access the Technology. Luminosity is dedicated to treating personal information with care and respect. This Privacy Policy is designed to provide transparency into the privacy practices of Luminosity such that Users can navigate the Technology in an informed and consensual manner.
ARTICLE 1: DEFINITIONS
1.01 “App” means a mobile software application licensed by Luminosity through various digital distribution platforms, such as Google Play or the App Store by Apple.
1.02 “Data” means information relating to one or more Users collected by Luminosity as the part of a User’s interaction with the Technology of Luminosity.
A. “Aggregated Data” means collective Data about groups or categories of Users which does not include Personally Identifiable Data.
B. “Anonymous Data” means Data that does not include Personally Identifiable Data. Otherwise Personally Identifiable Data can be rendered Anonymous Data by being hashed, obfuscated, scrubbed, or otherwise selectively filtered.
C. “Automatically Collected Data” means Data collected by an App or the Website that occurs by a User accessing the Technology. Examples of Automatically Collected Data include but are not limited to the type of device that is used, device identifiers (such as the resettable advertising identifier assigned to your device), the IP address of the device, geographical data such as the location of the device, the operating system used by the device, the Wi-Fi mac address in the area in which a device is being used, the type of Internet browser used on the device, data connection status, the success/failure of connection, information about the way a User accesses or uses the Technology, other software residing on a device, and other Anonymous Data reasonably required by Luminosity to enhance its offerings. If a User device is configured to allow the capture of location information, the Technology will collect such data. Luminosity may also collect location data using network triangulation, GPS, and Wi-Fi IP address to determine your general device location. Luminosity may collect location data and other diagnostic data through the Technology for network analytics and troubleshooting purposes.
D. “Personally Identifiable Data” means Data that does identify or Data that can reasonably be used directly or indirectly, to identify the identity of an individual User. Otherwise Personally Identifiable Data can be rendered Anonymous Data by being hashed, obfuscated, scrubbed, or otherwise selectively filtered.
E. “User-Provided Data” means Data that is expressly entered or provided by a User, such as name, e-mail address, age, username, password, registration data for an App, transaction related-data, contact data, and feedback. User-Provided Data includes Personally Identifiable Data.
1.03 “IP Rights” means all cognizable proprietary rights under U.S law and the laws in the jurisdiction of the User. IP Rights include but are not limited to patent rights, copyrights, trade mark rights, trade dress rights, and trade secrets. IP Rights include currently vested rights as well as future contingent rights capable of fully vesting in the future, such as ownership of future patent applications.
1.04 “Luminosity” means Luminosity Industries LLC a Michigan limited liability company with a general e-mail address at info@spotoclock.com and a mailing address at Luminosity Industries LLC, PO Box 650, Novi, MI 48376-0650. Users of the Technology may also contact Luminosity at support@spotoclock.com for the purposes of providing feedback, obtaining support, or communicating with Luminosity on topics of data collection, use, and other privacy-related issues. Luminosity has a resident agent address at 50064 Drakes Bay Drive in Novi, MI 48374.
1.05 “Privacy Policy” means the “Privacy Policy for Luminosity” which is incorporated by reference into this TOU. The Privacy Policy can be viewed at www.spotoclock.com/privacy-policy.
1.06 “Technology” means collectively the Website and all Apps by Luminosity.
1.07 “TOU” means these “Terms of Use” which are found at www.spotoclock.com/terms-of-use.
1.08 “User” means a human being, family, bot, business, corporation, government agency, non-profit organization, partnership, or other group of people accessing the Technology.
1.09 “Website” means the www.spotoclock.com homepage, and all web pages accessible through that homepage that share the same domain name.
ARTICLE 2: THE AGREEMENT BETWEEN LUMINOSITY AND ITS USERS
1.01 Incorporation by reference. Please read this Privacy Policy carefully, because the Privacy Policy is part of a binding agreement between Luminosity and Users of the Technology. Users of the Website and Users of the Apps are subject to the Privacy Policy.
1.02 Binding Precondition. This Privacy Policy governs how your Data can be used and accessed by Luminosity, and potentially other third parties. Use of the Technology by you constitutes your acceptance to the terms and conditions of this Privacy Policy. If you do not agree that Data submitted to or utilized by the Technology may be used by Luminosity and potentially third parties as constrained by the Privacy Policy, then you should not use or access the Technology in any way. If you do not agree to be bound by the terms of this Privacy Policy, you should not access the Technology.
1.03 Amendments/Modifications/Changes. This Privacy Policy may be updated from time to time. Luminosity will notify Users of any changes to the Privacy Policy by posting the new Privacy Policy at www.spotoclock.com/privacy-policy. Users are advised to consult this Privacy Policy regularly for any changes.
ARTICLE 3: DATA OBTAINED BY LUMINOSITY
3.01 Collected through use of the Technology. Luminosity collects both Automatically Collected Data and User-Provided Data from Users of the Technology. User-Provided Data often includes Personally Identifiable Data.
3.02 Collected from other Sources. Luminosity may also collect Data about a User from other sources. Such Data may be combined with the Data collected about a User from the User’s interaction with the Technology.
ARTICLE 4: DATA SHARING, USE, AND ADVERTISING
4.01 Core Approach. To the extent feasible, Personally Identifiable Data from a User is not used by Luminosity. Luminosity only uses Personally Identifiable Data to the extent required for Luminosity to make the Technology available to the User.
4.02 Sharing of Data with Third Parties. Luminosity may share User Data with third parties in ways that are described in this Privacy Policy. Luminosity may disclose your Data (a) as required by law, such as to comply with a subpoena or similar legal process, (b) when Luminosity believes that disclosure is necessary to protect Luminosity’s rights, protect User safety or the safety of others, investigate fraud, or respond to a government request, (c) with Luminosity’s trusted services providers who work on behalf of Luminosity who do not have an independent use of the Data and have agreed to adhere to the rules set forth in this privacy statement, and (d) with third-party advertising networks and analytics companies as described below in Section 4.03.
4.03 Third Party Advertising. Luminosity may use and share the Data, including the Automatically Collected Data and the User-Provided Data as Anonymous Data purposes of advertisement by Luminosity or our third parties. Luminosity shall not pass any Personally Identifiable Data to ad networks or advertisers. The Anonymous Data may be used for the purpose of serving Users advertisements based on particular Users’ presumed interests, and also to present advertisements in third-party applications or other platforms. Luminosity works with advertisers and third-party advertising companies that collect Data about how Users interact with advertising and content provided in the Technology, which helps Luminosity keep the cost of the Technology lower than it otherwise would be. Advertisers and advertising companies use some of the Data collected by the Technology, including the advertising identifier assigned to User devices to serve advertisements that are targeted to a User’s interests in the Technology. These third parties may also obtain Anonymous Data about other applications a User has downloaded to a device, the websites and applications visited, and a location in order to help analyze User behavior and serve targeted advertising on the Technology. Luminosity may use and share User location data to provide Users with localized Data, including localized advertising, through interactions with the Technology.
4.04 Opting Out. The process for a User to opt out of the use of Data collected by the Technology for targeted advertising purposes, please see Article 5: Managing User Data below.
4.05 Technology Analytics. Luminosity may work with analytics companies to help Luminosity to understand how the Technology is being use, such as the frequency and duration of the usage.
4.06 Location. If a User has allowed Luminosity to collect Data about a User’s precise location by activating “Location” in the settings of a device, Luminosity may share it with Luminosity’s ad network partners in order to tailor the ads that are displayed within the Technology.
ARTICLE 5: MANAGING USER DATA
5.01 Opting Out. A User can stop all collection of Data by the Technology by ceasing use of the Website and uninstalling the App.
5.02 Deactivating Location Data. A User can opt-out from further allowing the Technology to have access to the User’s precise location Data by deactivating “Location” in the privacy settings on the applicable device.
5.03 Advertising Identifiers. Most modern devices provide advertising identifiers. These identifiers have different names depending on the brand of the device. For example, they are called Identifier for Advertisers (IDFA) on iOS/Apple devices. These operating systems empower a User to see the advertising identifier and to control how it is used. It includes options to change the identifier and opt-out of cross-app advertising. The features or functionality hereof may change at the discretion of the operating systems.
5.04 Additional Opt Out Tools. The NAI and the Digital Advertising Alliance (DAA) offer opt-out tools to assist Users in managing choices for participating companies. For more data about these tools please visit: https://networkadvertising.org/choices/
or https://aboutads.info
ARTICLE 6: DATA RETENTION
6.01 Retention of User-Provided Data. User-Provided Data shall be retained by Luminosity for so as long as a User continues to use the applicable Technology, and for a reasonable time thereafter.
6.02 Retention of Automatically Collected Data. Automatically Collected Data shall be retained by Luminosity for up to 12 months and thereafter may be stored as Aggregated Data perpetually after that.
6.03 Requesting the Deletion of Retained Data. A User can request that Luminosity delete all Data relating to the User that is in the possession of Luminosity upon providing one month advance written notice via e-mail to support@spotoclock.com. User-Provided Data may be required in order for an App to function properly.
6.04 Requesting a Copy of Retained Data. A User can request that Luminosity provide User with a copy of all Data pertaining to the User that is retained by Luminosity upon providing one month advance written notice via e-mail to support@spotoclock.com.
6.05 Children. Luminosity does not use the Technology to knowingly solicit, collect, or store Data pertaining to children. If a parent or guardian becomes aware that their child has provided Luminosity with the consent of the applicable guardian or parent, the guardian or parent should contact Luminosity at support@spotoclock.com. Luminosity shall either delete or render anonymous such Data that is within Luminosity’s records within a reasonable length of time.
6.06 Security. Luminosity uses commercially reasonable safeguards, such as physical electronic, and procedural safeguards to protect Personally Identifiable Data stored by Luminosity. However, no security system can prevent all potential security breaches. Luminosity does use anonymization techniques in order to limit the use of personally identifiable information as much as possible.
6.07 Bankruptcy/Sale/Merger/Business Transfers. Data about Users may be disclosed as part of any merger, acquisition, or sale of Luminosity’s assets. In the unlikely event of an insolvency, bankruptcy or receivership, User Data may also be transferred as a business asset.