Effective Date: 12-30-2013
Effective Date: 12-30-2013
This Privacy Policy explains how Lumen Touch, LLC ("Lumen Touch", "we", "us", "our") collects and uses information from Users, including our treatment of individually identifiable information in connection with (a) the websites located at www.LumenTouch.com, www.LumenCCA.org, www.LumenCCA.com and all corresponding web pages and websites associated or linked with the foregoing URLs ("Website"); and (b) any other content, applications, features, functionality, information, and services offered by us (together with the Website, collectively referred to as the "Service" or "Site"). Please read the information below to learn the following regarding your use of the Site. This policy does not apply to websites or practices of companies that Lumen Touch does not own or control, or to individuals that Lumen Touch does not employ or manage.
You acknowledge that this Privacy Policy is part of our End User License Agreement, and by accessing or using our Site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use the Site. If terms of the End User License Agreement not included in this Privacy Policy conflict with the terms of this Privacy Policy, the terms not included in this Privacy Policy shall control. If your access to the Service is governed by a separate Master Services Agreement ("MSA") the terms of that MSA shall control over conflicting terms in this Privacy Policy.
We reserve the right to change this Privacy Policy at any time and for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an email to the email address listed by registered Users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered User, review this Site and this Policy periodically and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy. In the event we change our Policy concerning how we collect or use Personal Information or Children's Personal Information, you will have two (2) weeks from when we send you notice of the changes until the changes will apply to you and your information. If you disagree with the changes you may request removal of your information from the Site or that we delete your account.
For purposes of this Policy, "Children's Personal Information" refers to individually identifiable information of children under the age of 18, "Personal Information" refers to individually identifiable information of all other Users of the Site. "Non-Personal Information" refers to all other information which is not individually identifiable.
If you are not of legal age to form a binding contract (in many jurisdictions, this age is 18), you may only use the Site and disclose information to us with your parent's or guardian's consent. Review this Policy with your parent or guardian, and do the same with the privacy policies of all websites you visit or mobile applications you use.
We only collect Children's Personal Information through the Site from a child under age 13 where the child's school, district, and/or teacher has an existing agreement with us to obtain parental consent for the child to use the Site and disclose personal information to us. If you are under 13 years old, do not send any personal information about yourself to us unless your parent or guardian has sent us prior consent, or your school, district, and/or teacher has obtained prior consent from your parent or guardian, and do not send any personal information other than what we request from you in connection with the Site. If we learn that we have collected personal information from a child under 13 without parental consent, or if we learn that a child under 13 has provided us personal information beyond what we requested from him or her, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information in violation of this paragraph, please contact us at [privacy@lumentouch.com].
If you are a student that accesses the Site through an account or Access Key provided to you by your school, district, or teacher, you understand that your parent or guardian, school, district, and teacher have access to view all information within or associated with your account or Access Key, including without limitation, messages between you and your teacher and grades you received on assignments.
We collect two types of information about our Users: Personal Information and Non-Personal Information.
Personal Information refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as registering for an account, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us information, such as your first and last name, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other individually identifying information. When ordering products or services on the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Non-Personal Information refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web Site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address.
We do not collect any Personal Information or Children's Personal Information about you unless you voluntarily provide it to us, or your parent, guardian, school, district, or teacher provides it to us. You provide certain Personal Information to us when you: (a) register for our Services, complete profile information, and/or register your email address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for offers from selected us or third parties; (d) send email messages, submit forms or transmit other information by email, telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on our Site. We may also collect information from you at other points on our Site that state that such information is being collected. In addition, we may also collect, or our third party affiliates may collect, certain Personal Information, Children's Personal Information, or Non-Personal Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information.
We will primarily use your Personal Information or Children's Personal Information to provide our services to you, as required by our agreements with you. We will also use Personal Information or Children's Personal Information to enhance the operation of our Site, fill orders, improve our marketing and promotional efforts, statistically analyze Site use, improve our product and service offerings, and customize our Site's content, layout, and services. We may use Personal Information to deliver information to you and to contact you regarding administrative notices. We may also use Personal Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our End User License Agreement, and this Private Policy.
Additionally, we use Children's Personal Information for creating your individual account, customizing your experience, present information that may be of value, and for sending you notifications through the Site from your teacher, school, district, fellow students, and from us (regarding your use of the Site). Your parent or guardian, administrator from your school and district can view all activity and content associated with your student account, including your Children's Personal Information.
If you provide us with your email address, we may send you email communications. Web beacons may also be used in some of our emails to let us know which emails and which links within such emails have been opened by recipients. If you are under 18, we will only send you email communications regarding your use of the Site. If you wish to opt out of receiving email communications from us, please contact us at [privacy@lumentouch.com]. If you choose not to receive email communications from us, you will still be responsible for complying with any changes to our End User License Agreement and this Policy whether you receive notice from us or not.
We use individual and aggregated data concerning our Users' use of the Site to determine how Users use the Site. We may provide aggregated usage information to our partners in a non-individually-identifiable format for any purpose. We may link usage information with Personal Information and Children's Personal Information that we collect through the site for our use, and we may disclose individual and aggregated data, both Personal Information and Children's Personal Information to our select third party partners, but only if the third party partners are bound to a confidentiality agreement with us. We may also provide other Non-Personal Information to other third parties for any purpose, commercial or otherwise.
We do not sell your Personal Information or Children's Personal Information to others without consent. We do provide some of our services through contractual arrangements with affiliates, service providers, partners and other third parties. We and our service partners use your Personal Information and Children's Personal Information to operate our Site and to deliver services and we may share your Personal Information and Children's Personal Information in individually identifiable form as follows.
Businesses or third party websites with which we are affiliated may offer or sell items or provide services to you through the Site, either alone or together with us. We may share your Personal Information or Children's Personal Information with such a business only to the extent that it is related to the particular transaction or service. We have no control over the policies and practices of third party websites as to privacy or anything else, so please review all third party websites' policies before disclosing any Personal Information or Children's Personal Information or other content on the Site or on any third party website. We will encourage our service partners to adopt and post privacy policies. However, the use of your information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
We employ certain other companies and individuals as our agents to provide product and services to us in support of the Site. We share Personal Information and Children's Personal Information with our agents only to the extent that it is necessary for our agents to assist us. Depending on the functionality of your particular account or Access Key, you may be able to load Personal Information or Children's Personal Information onto your individual profile. Your profile, along with any Personal Information or Children's Personal Information, may be displayed to other Users of the Site. If you are a student and access the Site through an account or Access Key supplied by your school, district, or teacher, Users who may view your profile are limited to Users who belong to the group associated with your school, district, or teacher, unless your organization is connected to an expanded application platform. Information or content that you voluntarily disclose online is available to other Users and can be collected and used by others, in accordance with the privacy settings you select in your account preferences, or in accordance with particular features of your account or Access Key. Once other Users have access to information you submit to the Site, we have no control over, and are not responsible for, what the other Users may do with your information. You should also be aware that when Personal Information or Children's Personal Information is voluntarily disclosed in the discussion forums or other public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this Site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions.
If Lumen Touch or some or all of its assets are sold or otherwise transferred, or if Lumen Touch goes out of business or enters bankruptcy, User information may be acquired or transferred to a third party.
Occasionally we may be required by law enforcement or judicial authorities to provide Personal Information or Children's Personal Information to the appropriate governmental authorities. We will disclose Personal Information or Children's Personal Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We believe you should have the ability to access and edit the Personal Information or Children's Personal Information that you have provided to us. You may access and change any of your Personal Information or Children's Personal Information in your account online at any time by linking to your account in accordance with instructions. If you would like to request that Children's Personal Information regarding your child be updated or deleted, or if you would like to refuse further contact of your child, please contact us at [privacy@lumentouch.com, 1931 SW Gage Blvd, Topeka, KS 66604, 816-880-0066]. A child's participation in our Site, and the ability of a child to access the Site, will not be conditioned on the child providing more Children's Personal Information than is reasonably necessary for that participation or access.
We encourage you to promptly update your Personal Information or Children's Personal Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on a Site. In addition, it may be impossible to completely delete your information without some residual information because of backups or other technical reasons.
You can always decide not to disclose information we request, although it may be needed to take advantage of certain features.
We may, from time to time, send you emails regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Lumen Touch (or agents working on our behalf and under confidentiality agreements) will send you these direct mailings. If you do not want to receive such mailings, simply tell us when you give us your information. At any time you can easily edit your account information to no longer receive such offers and mailings. If you are under 18, we will only use your email address to send you communications from your teacher, school, district, fellow students, and from us regarding your use of the Site.
You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly in your case.
At our Site you can be assured that your Personal Information is secure, consistent with current industry standards. Your Personal Information or Children's Personal Information is protected in several ways. Access by you to your Personal Information or Children's Personal Information is available through a password and unique customer ID. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personal Information or Children's Personal Information resides on a secure server that only selected Lumen Touch personnel and contractors have access to via password. We encrypt your Personal Information or Children's Personal Information to guard against unauthorized parties viewing such information when it is transmitted to us.
Non-Personal Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside Lumen Touch you will not be asked to select a password in order to view or modify such information.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and Children's Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
When you use our Site we will store cookies on your computer in order to facilitate and customize your use of our Site. A cookie is a small data text file, which a website stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned User identification numbers, the country where you are located, and your first name to welcome you back to our Site. The cookies make your use of the Site easier, make the Site run more smoothly and help us to maintain a secure Site. You are always free to decline our cookies if your browser permits, but some parts of our Site may not work properly in that case.
Our partners, affiliates, and service providers may also transmit cookies to your computer or device. The use of cookies by third parties is not covered by this Policy and we do not have access or control over such cookies.
Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. Other Sites accessible through our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each Site's privacy policy. We are not responsible for the policies or practices of third parties. Additionally, third party sites and services may collect information about you when you view or click on or use their sites or through the use of cookies or otherwise. We cannot control this collection of information. You should contact third parties directly if you have any questions about their use of the information that they collect.
In no event shall Lumen Touch or any of its individual partners be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if Lumen Touch is expressly advised of the possibility of such damages.
Messaging and Data charges may apply and be billed by your mobile phone provider on all text messages sent and received by the Site.
This Agreement constitutes the entire agreement between Lumen Touch and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.