Privacy Notice for California Residents

Last Revised: 2024-02-21 22:33:44

This Privacy Notice applies to Consumers residing in the State of California (hereinafter the "California Privacy Notice" or "Notice"), who are entitled to certain rights and protections with respect to their Personal Information under the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and the California Consumer Privacy Act Regulations enacted thereunder (the "CCPA").

The terms "personal information", "business purpose", "commercial purpose", "sale" and "service provider", "share" as used in this Notice have the meanings ascribed to them in the CCPA. Capitalized terms used but not defined in this Privacy Notice will have the meanings set out in the Lumen Privacy Policy (the "Privacy Policy"). If there is any conflict or inconsistency between the terms of this Notice and the Privacy Policy, the terms of this Notice will govern.

We fully describe our practices to all Lumen User in our Privacy Policy, please review it for a fully detailed explanation of our practices.

    1. Categories of Personal Information We Collect From California Consumers

      In the preceding 12 months, we have collected and/or disclosed the following categories and types of personal information from California consumers, and intend to continue doing so subject to the requirements under the CCPA:

      • Personal Identifiers, such as name, email addresses, billing and shipping addresses, phone number.
      • Customer characteristics, which includes the categories of personal information described in the California Customer Records statute (California Civil Code Section 1798.80), including physical characteristics, medical information, payment information and characteristics of protected classifications under California law, such as gender and year of birth.
      • Personal Information you actively input when you use our Services such as account credentials, breath samples, emotional and mental state, perceived sense of viability, as well as ongoing feedbacks that you provide us, information you enter in our “Contact Us” online form or any similar input.
      • Personal Information transmitted in the course of using our Services such as descriptions of your physical/mental objective and/or subjective state and nutrition data, including height, weight, sleep habits, food, caffeine and water intake, heart rate, breath data, real-time assessment of carbohydrate availability and metabolic fuel use as measured via use of the Lumen Device and through the Lumen App, as well as body activity data, such as types of exercise, number of steps, speed and distance and any Personal Information we derive from such information.
      • Commercial information, including purchasing habits, such as such as adding items to your shopping cart, adding items to your saved items list etc.
      • Financial information, such as credit card or bank account numbers, that you provide us in the scope of transactions you make through the Services, which is processed by our third-party services providers and to which we have no access.
      • Internet or other electronic network activity information, such as IP address, UDID (Unique Device Identifier), browsing history and cookie history, and technical device information such as device type, app analytics, taps and inputs, device motion Wi-Fi network information, operating system, Lumen Device technical information, browser and keyboard language, the 'click-stream' and activities on the Services, and the period of time the Services were used and related timestamps.
      • Geolocation data.
      • Biometric and other sensitive personal information, such self-Reported Information about physiological, behavioural, and biological characteristics, sleep, health, or exercise data, and facial images.
      • Audio and visual information, such as pictures you may have uploaded to our Services and recorded customer services calls.
      • Inferences, which are drawn from the above information to create consumer profiles reflecting certain preferences and behaviors and customized content/offerings.
      • Personal information collected from other sources. We may also collect personal information about you from third parties who have represented to us that they have obtained your consent for such provision of information or that you have freely and publicly provided.

      In the 12 preceding months, we have collected Personal Information from the following categories of sources:

      • Consumer directly.
      • Tracking technologies.
      • Third party applications and platforms (including social media) you chose to connect your Lumen account with.

      For more information about the types of personal information we collect and the sources from which it is collected, please see the "Types of information we may collect on our Users" and "How do we collect information" sections in our Privacy Policy.

    2. Business or Commercial Purpose for Collecting, Sharing and Selling Information

      We collect and disclose your personal information for the following business and commercial purposes: to provide, operate and improve the Services; verify the identity of our Users;  personalize the Services and content provided to you, to customize and improve your use experience of the Services, and to enable you to retrieve your information; to be able to contact Users for the purpose of providing them with technical assistance, support, handle requests and complaints and collect feedback; send you updates, notices, notifications, and additional communications regarding the Services; study and analyze the information on an aggregated, statistical basis to discover patterns and anomalies, to study complications and treatment methods and improvements, and other health related research and development; enable us to further develop, customize and improve the Services based on Users’ common preferences, uses, third party services, features and functionalities, statistical and research purposes, attributes and anonymized data etc.; prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities; display or send to you marketing and advertising material and general and personalized content and advertisement via the Services, the Website, email, postal mail, telephone, mobile devices and/or when you visit other sites; perform functions or services as otherwise described to you at the time of collection; and comply with any applicable rule or regulation, to protect our legal interests and/or respond to or defend against (actual or potential) legal proceedings against us or our affiliates.

      Third parties to whom we disclose Personal Information for our business and commercial purposes include our affiliated companies; Third Party Service Providers, including hosting, database and server co-location services (e.g. AWS), data analytics services (e.g. Google Analytics), session replay records for app analytic purposes such as crashes, functionality and usability (e.g. MixPanel), and our business, legal and financial advisors;‎ health care providers, care management services or health care payers‎. 

      We do not make your data publicly available; we do not act as data brokers, we do not trade in your data, and we do not Sell or "Share" your data (as this term is defined under the CCPA; i.e. for the purpose of cross-context behavioral advertising). Accordingly, we also do not knowingly sell or share personal information of users under the age of 16. For more information about how we handle personal information of minors, please refer to "Minors" in our Privacy Policy. We do not disclose any sensitive personal information for any purposes other than the legitimate purposes set forth in the CCPA Regulations.

      For more details on how and to whom we share your data please refer to "Sharing Information with Third Parties", "Direct Marketing" and "Cookie Policy" in our Privacy Policy.

    3. Your California Consumer Rights

      California consumers have the right to request access to the specific pieces of personal information we have collected about them. You may make this request up to two times in a 12-month period.

      You may also request additional details about our information practices, including what personal information we have collected about you, the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting personal information, the categories of third parties to whom we disclosed your personal information, and the categories of personal information we have disclosed about you, 

      You also have the right to request the deletion of your personal information (subject to certain exceptions), to correct any inaccurate personal information we may have about you and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights (unless permitted by applicable law, such as if the differences are reasonably related to your information).

      California consumers may make a rights request by submitting an online request or email us at Your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address, name and account id (which is required only if you already have an account with us). If you have an account with us, you can find your account id on your main account page after you log in.

    4. ֿ

      Authorized Agents

      You can use an authorized agent to make a request to exercise your California Consumer Rights on your behalf if:

      • The authorized agent is a natural person or a business entity; and.
      • You sign a written declaration that you authorize the authorized agent to act on your behalf. If you use an authorized agent to submit a request to exercise your right, please provide us with a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below.

      The request must:

      • Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Data or an authorized agent. We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you; and
      • Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.

      We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. Making a verifiable consumer request does not require you to create an account with us.