TERMS AND PRIVACY

At Lumhaa LLC (and Lumhaa Management LLP), we offer a range of products and services focused on helping you collect, engage with, and share memories. By using our website and/or mobile app (“Services”), you accept these terms and privacy notice (“Terms”) in full. Your security and memories are important to us. That’s why we have the following policies in place:

Your Data

    When you use our Services, you provide us with information such as photos, videos, messages, comments, emails, and other information needed to set up accounts (“Your Data”). Your Data is yours. We do not have any rights to Your Data, except for the limited rights that enable us to offer our Services as outlined in these Terms.

    Your permissions. We need your permission to complete your requests like storing Your Data, sharing it when you ask us to, and providing features such as commenting, printing, and searching. You give us permission to store, access, and scan Your Data as requested by you; and this permission extends to our affiliates and trusted third parties we use to provide our Services.

    Your memories. Whenever you add a memory into Lumhaa, the default privacy setting is “Members Only”, so that only people you invite to your jar or share your jar link with can see your memories (not even our team). If you change the privacy setting to “Me Only”, then only you can see your memory (not even our team, or people you share your jar link with). Only if you change your privacy setting to “Public” or share your jar link (e.g. to create a physical product) can we see your memory, but even then we do not share your memory content with any third party.

    Your registration information. To create an account, you need to provide data which may include your name, email address and/or mobile number, and a password. We store this information in a private secure server, and do not share this information with anyone. If you complete financial transactions with Lumhaa you will need to provide payment (e.g., credit card) and billing information. We do not store your financial or billing information after it is processed for payment.

    Your usage data. We collect information about how you use our Services, such as the actions you take and the products you purchase. None of this data includes the content you post. Furthermore, all of this data is collected and processed in a depersonalized format, so it is not linked back to you. This data is collected to improve the performance of our Services and fix any bugs that may arise. We also use the data from Customer Support (which can include your communications) to investigate, respond to and resolve complaints and Product-related issues (e.g., bugs).

    Additional information from device settings. We also collect information that you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos. This information is only accessed when you add memories, and you have the option to switch this off.

Your Responsibilities

You (not Lumhaa) are responsible for the way you use our Services, and for the content you post and share through our Services.

    Applicable law. You may use our Services only as permitted by applicable law, including export control laws and regulations.

    Copyright. Please don’t copy, upload, download, or share content unless you have the right to do so.

    Age. You must be 13 years of age or older to use our Services, unless you are covered by a Lumhaa Business or school subscription and explicitly monitored by a parent or guardian and school administrator.

    Acceptable Use. When using our Services, you must not:

    • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
    • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
    • send unsolicited communications, promotions or advertisements, or spam;
    • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
    • promote or advertise products or services without appropriate authorization;
    • sell the Services unless specifically authorized to do so;
    • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
    • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
    • harass or abuse Lumhaa personnel or representatives or agents performing services on behalf of Lumhaa;
    • violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
    • violate the privacy or infringe the rights of others.
Our Services

Our Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Lumhaa trademarks, logos and other brand features. We welcome feedback (and even have a “Hall of Fame” for it), but note that we may use comments or suggestions without any obligation to you.

Communications

We will contact you through email, mobile phone, notices posted on our websites or apps, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Products, security, or other related issues. We also send messages about how to use our Products. You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.

Infrequent Activity & Account Closure

    Data Retention: We retain your personal data while your account is in existence or as needed to provide you services. This includes data you or others provided to us and data generated or inferred from your use of our Products. Even if you only use our products infrequently, we will retain your information and keep your account open until you decide to close it.

    Account Closure: If you choose to close your Lumhaa account, your personal data will generally stop being visible to others on our Services within 24 hours. We generally delete closed account information within 1 day of account closure, except that: (1) We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us, and (2) Information you have shared with others (e.g., through shared memories) may remain visible after you closed your account, and we do not control data that other Members copied out of our Products.

Children’s Privacy

Lumhaa does not knowingly collect or solicit any information from anyone under the age of 4 or knowingly allow such persons to register for our Services. Our Services are not directed for use by children under the age of 4. Furthermore, in the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible.

Disclosures & Disputes

    Legal Disclosures. It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of Lumhaa, our members, personnel, or others. We attempt to notify members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

    Change in control or sale. Any entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

    Resolving Disputes. We want to address your concerns without needing a formal legal case. Before filing a claim against Lumhaa, you agree to try to resolve the dispute informally by contacting info@lumhaa.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Lumhaa may bring a formal proceeding. You and Lumhaa agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Delaware. Both you and Lumhaa consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

Other Important Information

    Security. We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

    Controlling Law. These Terms will be governed by Delaware law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

    Cross-Border Data Transfers. We process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country. Please note that if you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

    Lawful Basis: We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the particular service you have requested)) and “legitimate interests.”. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer at info@lumhaa.com or +91 80984 93568

    DMCA. Lumhaa acknowledges and complies with the notice and take down procedures as defined in section 512(c) of the Digital Millennium Copyright Act (DMCA). If your content was removed due to a copyright claim, you will receive a communication explaining the removal. You will also receive instructions concerning how to file a counter-notification. Before filing such a counter-notification, we recommend determining whether the material was removed or disabled as a result of a mistake or misidentification.

    Changes. Our Products are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we use your data, we will notify you and may also modify this Privacy Policy.

    One Final Note. These Terms constitute the entire agreement between you and Lumhaa with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Last Updated on December 31, 2019

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