Privacy Policy

WHO IS POLICY INTENDED FOR?

Any individual whose personal data may be processed by us as further detailed in this policy. If you are an existing business customer of Luminance, the relevant contract between you and us (or your employer and us if you are acting in a business capacity) will govern the processing relationship between us.

PURPOSE OF THIS NOTICE

This policy referred to set outs the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following privacy policy to understand how we collect and use your personal data, for example when you contact us, visit our website (the “Site”), apply for a job, or use our products and services.
The Site is not intended for children, and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

CONTROLLER

For the purposes of processing your data, Luminance is made up of Luminance Technologies Ltd or Luminance, Inc (“Luminance Group”). This privacy policy is issued on behalf of the Luminance Group so when we mention “Luminance”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the Luminance Group.
Our privacy team is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, please contact the team at privacy@www.luminance.com .
You have the right to make a complaint at any time to the Information Commissioner’s Office, the United Kingdom (“UK”) regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the Information Commissioner’s Office, so please contact us in the first instance.

THIRD-PARTY LINKS

Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every website you visit . If you follow a link to any of these websites, please note that Luminance does not accept any responsibility or liability for these policies.

THE DATA WE MAY COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Luminance may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Contact Data. Information that you provide by filling in forms out on our Site, providing details by registration or other means (e.g., giving business cards) at a marketing event, or when setting up administrator accounts in our product or services.
• Identity Data. Information that you provide us, whether using the Luminance Customer Portal other otherwise, and may include personal information such as email addresses and phone numbers.
• Usage Data. Information you provide us through inquiries and/or feedback. Luminance may ask you for information when you report a problem with our site.
• Technical Data. Your Internet Protocol (“IP”) address, operating system and web browser used. If you contact us, Luminance may keep a record of that correspondence.
• Profile Data. Details of your visits to our site including, but not limited to, traffic data, location data and other communication data, and the resources that you access.
• Meta Data. Data that provides information about other data, but not the content of the data itself, such as the text of a message or the image itself.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

HOW IS YOUR DATA COLLECTED?

IP ADDRESSES

Luminance may collect information about your computer, including your IP address, operating system, browser type and system admiration.

COOKIES

Cookies are small text files that websites save to your computer. These pieces of information are used to improve services for you through, for example:

• Remembering settings, so you don’t have to keep re-entering them whenever you visit a new page;
• Remembering information you’ve given (e.g. your postcode) so you don’t need to keep entering it.

Session cookies allow us to track your actions during a single browser session, for example to remember the items returned from a search. They do not remain on your device beyond your session.

Persistent cookies remain on your device between sessions and allow us to authenticate you and to remember your preferences.

Session and persistent cookies can be either first or third-party cookies. A first-party cookie is set by the website being visited. A third-party cookie is issued by a different website to that being visited.

Our Site may use a third-party cookie provided by Google Analytics to gather anonymized information for the benefit of all web users. Luminance do not use behavioural targeting cookies. All our cookies fall within the International Chamber of Commerce classifications: Strictly Necessary, Functionality and Performance and none within the classification Behavioural Targeting.

If at any time you wish to disable our cookies you may do so through the settings on your browser, but if you do so you will not be able to use certain important features of our service.

To learn more about cookies and how to manage them, visit AboutCookies.org .

JOB APPLICANTS

If you are making a job application or inquiry, you may provide us with a copy of your CV or other relevant information. We may use this information for the purpose of considering your application or inquiry. Except when you explicitly request otherwise, we may keep this information on file for future reference.

PROVIDING PRODUCTS AND SERVICES

If you purchase or use our products or services, we may use your personal data for purposes which include but are not limited to:

• Verifying your credentials.
• Carrying out end user compliance checks for export control purposes.
• Issuing virus information alerts and other alert messages.
• Providing training sessions for which you have registered.
• Providing maintenance and technical support.
• Providing information about product upgrades, updates and renewals.
• Generating logs, statistics and reports on service usage, service performance and malware infection.
• Developing and enhancing products, services, and our infrastructure.
• Processing orders and generating billing information.

Certain products and services may include features that collect additional personal data for other purposes, as described in the applicable customer agreement. For detailed information, please also refer to the applicable product or service description.

WHERE IS YOUR PERSONAL DATA STORED?

Your personal data is securely stored by Luminance on the Luminance servers located in Cambridge, United Kingdom. Luminance has set up systems and processes to prevent unauthorized access or disclosure of your data.

HOW WE USE YOUR PERSONAL DATA?

We will only use your personal data when the law allows us to. Most commonly, we will use  your personal data in the following ways:

• To provide you with information, products or services that you request from us, or which we feel may interest you.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our products or service, when you choose to do so.
• To notify you about changes to our products and services.
• Where we need to comply with a legal obligation.

Please see the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in table format, a description of all the ways in which we may use your data and the legal bases on which we rely to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box on the form on which Luminance collects your data. We will not sell or rent your data to third parties or share your data with third parties for marketing purposes. We may use third party software to send you information for marketing purposes but such third parties will not have access to or be able to read your personal information.

TRANSFERRING PERSONAL DATA

As a global company, we have international sites and users all over the world. Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. When you give us personal data, that data may be used, processed or stored anywhere in the world, including countries outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers.

Luminance places substantial importance on protecting the confidentiality of personal information and seeks the cooperation of all its suppliers in furthering this goal. Luminance will only transfer personal information to a supplier where the supplier has provided assurances that they will provide at least the same level of privacy protection as is required by this policy. Where Luminance has knowledge that a supplier is using or sharing personal information in a way that is contrary to this policy, Luminance will take reasonable steps to prevent or stop such processing.

We take appropriate safeguards to protect your privacy, your fundamental rights and freedoms, and the ability to exercise your rights. For example, if we transfer personal information from the EEA, the UK, and/or Switzerland to another country, such as the United States, we will implement an appropriate data transfer instrument, such as entering into standard data protection clauses approved by the European Commission or competent governmental authority (as applicable) with the data importer. Following the adequacy decision by the European Commission and the UK Government, Luminance currently relies on the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. Data Privacy Framework as a legal framework for transfers of personal information from the EU to the United States and from the UK to the United States, respectively.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

DATA PRIVACY FRAMEWORK

Adequacy Decisions

On 10 July 2023, the European Commission’s adequacy decision for the EU-U.S. DPF entered into force, followed by the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) on 17 July 2023 and the UK extension to the EU-U.S. DPF on 12 October 2023.

Luminance complies with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF as set forth by the U.S. Department of Commerce.  Luminance has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.

Luminance relies on the EU-U.S. DPF, the Swiss-U.S. DPF and the UK Extension to the EU-U.S. DPF as a legal framework for transfers of personal information received from European Union, Switzerland and the United Kingdom.

We have certified to the U.S. Department of Commerce that we adhere to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.

To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Our certification may be located here.

Complaints

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Luminance commits to resolve DPF Principles-related complaints about our collection and use of your personal information.  EU and UK and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Luminance at privacy@luminance.com.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Luminance commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities and the UK Information Commissioner’s Office and the Gibraltar Regulatory Authority and the Swiss Federal Data Protection and Information Commissioner with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.

Arbitration

You may, under certain conditions, invoke binding arbitration for complaints regarding DPF compliance which may not be resolved by any of the other DPF mechanisms. Further information regarding this option may be found at Annex I to the DPF Principles, located here: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

Jurisdiction of the Federal Trade Commission

The Federal Trade Commission has jurisdiction over Luminance’s compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

Onward Transfers to Third Parties

We remain responsible for all the personal information we receive under the DPF and that we subsequently transfer to third parties acting as agents on our behalf if they process personal information in a manner inconsistent with the DPF principles, unless we prove we are not responsible for the event giving rise to the damage.

SECURITY

Luminance endeavours to hold all personal data securely in accordance with our internal security procedures and applicable law.

We update and test our security on an ongoing basis. Luminance will do its best to protect your personal data, but Luminance cannot guarantee the security of your data transmitted to our site through the internet; any such transmission is at your own risk. Once we have received your information, we will maintain the appropriate administrative, physical, technical and organizational measures to protect your personal data accessed or processed by us against unauthorized or unlawful processing or accidental loss, destruction, damage or disclosure.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

If you receive an email which claims to come from us but does not use our domain, or if you are suspicious that an email may not be approved by us, then please send a copy of the email to info@luminance.com so we can investigate.

DISCLOSURE OF YOUR INFORMATION

We may share your personal data with the parties set out below for the purposes set out in the table above.

• Internal Third Parties, as set out in the Glossary.
• External Third Parties, as set out in the Glossary.
• If Luminance or substantially all of its assets are acquired by a third party, personal data held by it about its subscribers and users will be one of the transferred assets.
• If we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets.
• We may disclose your personal information if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Luminance, or others.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

YOUR RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see the Glossary to find out more on how the rights listed below:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

WHAT MAY WE NEED FROM YOU?

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

CHANGES TO OUR PRIVACY & DATA PROTECTION POLICY

Luminance reserves the right to amend this policy at any time, for any reason, without notice to you. You should check our Site to see the current policy that is in effect and any changes that may have been made to it.

This policy was last amended on 27 July 2023.

GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

INTERNAL THIRD PARTIES

• Other companies affiliated with the Luminance Group, as acting as joint controllers or processors and providing HR and system administration services.

EXTERNAL THIRD PARTIES

• Service providers acting as processors or joint controllers based who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Public authorities acting as processors or joint controllers. Luminance may be required to disclose personal data following lawful requests from public authorities, with respect to meeting national security or law enforcement requirements.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

(end of policy)