Luumen Privacy Policy

This Privacy Policy applies to information collected by Apiphani, Inc. (“Apiphani”, “we”, “us”, or “our”) through your use of the Luumen desktop application (which can be downloaded at: https://luumen.ai/download) (the “App”), the Luumen website at https://luumen.ai and any subdomains thereof (the “Site”) and the services, features, and information available on the App and/or Site as well as any other Luumen applications we may offer (together with the App and the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof, the “Service”).

As used herein: (a) “you” and “your” mean a user of the Service; (b) “GDPR” means the General Data Protection Regulation (EU) 2016/679; (c) “UK Data Protection Laws” means the UK GDPR and the UK’s Data Protection Act 2018 (“UK DPA 2018”); (d) “UK GDPR” means the UK equivalent of the GDPR, as defined in section 3(10) (and as supplemented by section 205(4)) of the UK DPA 2018; (e) “European Data Protection Laws“ means the GDPR and/or UK Data Protection Laws, in each case to the extent applicable; and (f) the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within Apiphani or among our Corporate Affiliates within the United States or internationally.

If an organization with which you are associated (an “Organization”) signs up to use our services, we may receive information about you in connection with our provision of such services to your Organization. To the extent we process that information solely in order to provide such services to your Organization, we will act as a processor on behalf of your Organization in respect of that information, which means: we will handle that information solely at the direction of your Organization; your Organization’s privacy policy (and not this Privacy Policy) will apply to the processing of that information; and your Organization (and not us) is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law. To the extent we process your information for any other lawful business purpose of ours, this Privacy Policy will apply to the processing of such information.

This Privacy Policy serves to notify you of the following:

1. What information about me is collected?
2. Where and when is information collected (including through the use of cookies and action tags)?
3. Is information submitted to the Community Areas of the Service private?
4. Does Apiphani collect information from children under 13 years of age?
5. What does Apiphani do with the information it collects?
6. When does Apiphani disclose information to third parties?
7. Does this Privacy Policy apply when I click a link to other websites or services?
8. Is the information collected through the Service secure?
9. Could my information be transferred to other countries?
10. For how long will my information be kept?
11. What choices do I have regarding my information?
12. How will I know if there are any changes to this Privacy Policy?
13. Who do I contact if I have any privacy questions?

1. What information about me is collected?

In connection with your use of the Service, we may collect information about you. Such information may include:

• name,
• e-mail address,
• role,
• photograph,
• company,
• team size,
• your primary use case,
• verification codes,
• account preferences and settings,
• multi-factor authentication details such as preference status, enrolled authenticator device metadata, recovery codes, and authentication and security logs, and
• any information that you choose to share through the Service.

Additionally, our Outside Contractor (as defined below) that is responsible for billing and payment processing services (the “Payment Services Provider”) may collect your billing and credit card information from you directly.

We may also collect other information that in some cases may be identifiable, such as operating system and version, amount of memory, CPU, demographic information, browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and statistical data involving the use of the Service. To the extent any such information can be used to identify you or can be tied to you in an identifiable manner, such information amounts to ‘personal data’ for the purposes of and as defined in the European Data Protection Laws (to the extent applicable).

2. Where and when is information collected (including through the use of cookies and action tags)?

General Sources

We may obtain your information in the following ways:

• We will collect information that you submit to us;
• From other users of the Service;
• From third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service; and
• If you identify yourself to us by communicating with us including by sending us an e-mail with questions or comments.

Through your use of the Service, you may give us information about other people and businesses. If you provide information to Apiphani about another person, including as described in this section, you represent and warrant to Apiphani that you have provided notice and obtained all consents and rights from such other person as required by applicable law to enable Apiphani to process, and determine the purposes and means of processing of, such information, including as described in this Privacy Policy. Do not give us information about others unless you are authorized or have their consent to do so. We will use their information for the purposes described in this Privacy Policy.

Registering to use the Service and in the course of using the Service

You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you may be required to provide us with certain of the information described in Section 1.

If you choose to access certain portions of the Service using the Google or Microsoft login feature, you may be providing us with access to all information, attributes, and data in your Google or Microsoft public profile. We may freely store and use such information in accordance with this Privacy Policy. Such information may be stored by us and may be used in connection with providing the Service or to contact you.

Cookies and action tags

We may collect information passively using “cookies” and “action tags.”

“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), to allow us to statistically monitor how you are using the Service to help us improve our offerings, and to determine the popularity of certain content.

In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties that we use to provide analytics-related services. In the course of providing such analytics-related services, such third-party analytics service providers could place or recognize unique cookies on your browser.

You do not have to accept cookies to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience.

For the avoidance of doubt, the Service uses third-party service platforms (including to help analyze how users use the Service). These third-party service platforms may place cookies on your computer or mobile device. If you would like to disable “third party” cookies, you may be able to turn them off by going to the third party’s website.

Here are links to the main third-party platforms we may use:

• https://www.google.com/policies/privacy/
• https://www.microsoft.com/en-us/privacy/privacystatement
• https://www.linkedin.com/legal/privacy-policy
• https://www.rudderstack.com/privacy-policy/
• https://posthog.com/privacy
• https://betterstack.com/privacy
• https://www.intercom.com/legal/privacy
• https://frill.co/privacy-policy

In particular, we would like you to be aware that, when you make a payment through the Service and interact with our Payment Services Provider, the Payment Services Provider may place cookies on your computer or mobile device in connection with the provision of its services, including for fraud prevention purposes. Please see https://stripe.com/cookie-settings for more information.

“Action tags,” also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including e-mail sent on our behalf, may contain action tags.

By using cookies and action tags together, we can gain valuable information to improve the Service and measure the effectiveness of our marketing campaigns. We may also combine information collected from cookies with information that you may provide, such as information provided in a form that you complete.

Note that information collected from cookies, pixels, action tags (including web beacons), and other similar technologies (which may include device identifiers) as well as storage technologies from third parties may be used to collect or receive information from the Site and elsewhere on the Internet and third parties use that information to provide measurement services, and target and deliver ads. In addition, information collected from cookies (including cookies placed by third-party vendors, such as Google and its partners) and other similar technologies (which may include device identifiers) may be used to deliver advertisements to users of our Site when such users are using other websites, including Facebook/Meta, LinkedIn, and YouTube. These third-party vendors may use cookies and/or device identifiers to serve ads based on your past usage to our Site. You may opt out of a third-party vendor’s use of cookies and/or device identifiers for personalized advertising or the collection and use of your information for ad targeting by visiting https://thenai.org/opt-out/, http://www.aboutads.info/choices, and/or http://www.youronlinechoices.eu/.

Finally, you should be aware that third parties may use their own cookies or action tags when you click on a link to their websites or services on or from the Service. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services.

Log files

We also collect information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to other information about you for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.

Community Areas

The Service features various community areas and other public forums (the “Community Areas”) where Service users can share information and post questions for others to answer. These Community Areas are open to the public and should not be considered private. We cannot prevent information included within a Community Area from being used in a manner inconsistent with this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.

Any information you share in a Community Area is by design open to the public and is not private. You should think carefully before posting any information in any Community Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot regulate or predict. If you mistakenly post information in a Community Area, you can contact us in accordance with Section 13 below. You should understand that in some cases, we may not be able to remove your information.

3. Is information submitted to the Community Areas of the Service private?

No. Any information shared in the Community Areas of the Service is available to the public, including to all users. Such information is not treated as confidential. If you wish to keep any information private or proprietary, do not submit it to the Community Areas of the Service. NOTWITHSTANDING THE FOREGOING, WE HAVE NO RESPONSIBILITY OR LIABILITY IF A USER’S INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF A USER SUFFERS HARM AS A RESULT OF VOLUNTARY DISCLOSURES.

4. Does Apiphani collect information from children under 13 years of age?

We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect information from any person we actually know is under the age of 13.

5. What does Apiphani do with the information it collects?

Pursuant to the European Data Protection Laws, legal bases for our processing your information may include (without limitation):

• where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;
• where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Service or otherwise);
• where it is necessary for us to comply with a legal obligation to which we are subject; and/or
• where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing, improving, or marketing the Service and your interests or fundamental rights and freedoms do not override those legitimate interests.

In addition to the above, we may use the information collected in the following ways:

• to provide the Service to you and process your transactions;
• to help us understand who uses the Service;
• for internal operations such as operating and improving the Service;
• to contact you for customer service and billing purposes;
• to facilitate the delivery of analytics;
• when we believe it is necessary or appropriate to enforce our legal rights and to comply with applicable laws, lawful requests, and legal process (including to meet national security or law enforcement requirements), such as to respond to subpoenas or requests from government authorities;
• to communicate with you, including to send you a welcoming e-mail that may confirm your username and password;
• if you opt in, we and third parties acting on our behalf may send you electronic newsletters, contact you about the Service, products, services, information and news that may be of interest to you, and provide you with targeted feedback;
• to send announcements and updates regarding the Service or, if applicable, about your billing account status (please note that you will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you or your Organization);
• to perform statistical analysis of user behavior or to evaluate and improve the Service, and to link some of this information to other information for internal purposes or to improve your experience with the Service; and
• to anonymize your information (so that it can no longer be associated with you), in which case we may use and/or disclose such anonymous information for our lawful business purposes and we will use reasonable safeguards designed to minimize the risks associated with the process of anonymizing your information.

6. When does Apiphani disclose information to third parties?

We generally disclose information we gather from or about you to the following types of third parties and as otherwise set forth in this Privacy Policy or as specifically authorized by you.

Laws and legal rights

We may disclose your information if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating a contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.

Third parties generally

We may provide information to third parties, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. In addition to the above, when users use our Service, third parties (including without limitation third-party analytics service providers and commercial partners) may directly collect information about our users’ online activities over time and across different websites. The third parties to which we may provide or who may independently directly collect information may include vendors, analytics services providers, and website tracking services, affiliates and other actual or potential commercial partners, and other similar parties. Please note in particular that the Service uses Google Analytics, including its data reporting features. Information collected by Google Analytics includes but is not limited to web metrics. For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners’ sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options presently located at https://tools.google.com/dlpage/gaoptout.

Professional advisors

We may provide your information to professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.

Outside Contractors

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, including the Payment Services Provider, developing applications for the Service, and providing multi-factor authentication services. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your information. We use reasonable efforts to ensure that these Outside Contractors are capable of protecting the security of your information.

Sale of business

We reserve the right to transfer information to a third party in connection with a sale, merger, general corporate reorganization, or other transfer of all or substantially all of the assets of Apiphani or any of its Corporate Affiliates (as defined below), or that portion of Apiphani or any of its Corporate Affiliates to which the Service relates, or in connection with a strategic investment by a third party in Apiphani, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.

Affiliates

We may disclose information about you to our Corporate Affiliates. For purposes of this Privacy Policy: “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Apiphani, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.

7. Does this Privacy Policy apply when I click a link to other websites or services?

Our Service may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. A link to a third-party website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on those websites. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us or on our behalf, including through the Service.

8. Is the information collected through the Service secure?

We want your information to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.

Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.

9. Could my information be transferred to other countries?

Information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such information. To the extent required by applicable law: whenever we transfer your information to third parties (as described in this Privacy Policy) located in countries that do not ensure adequate protection for your information (as determined by the European Commission or the UK Information Commissioner’s Office, as applicable, each, an “Inadequate Jurisdiction”), we ensure a similar degree of protection is afforded to it; we may use specific contracts approved by the European Commission (accessible at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj) or the UK Information Commissioner’s Office (accessible at https://ico.org.uk/media2/migrated/4019539/international-data-transfer-addendum.pdf), as applicable, which give your information the same protection it has in the European Economic Area or the United Kingdom, as applicable, under the European Data Protection Laws; and if we rely on another basis to transfer your information to an Inadequate Jurisdiction, we will keep you updated or contact you if required. Please contact us if you want further information on the specific mechanisms used by us when transferring your information to an Inadequate Jurisdiction.

10. For how long will my information be kept?

We will only retain your information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law.

To determine the appropriate retention period for information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.

11. What choices do I have regarding my information?

We generally use your information as described in this Privacy Policy or as authorized by you or as otherwise disclosed at the time we request such information from you. You generally must “opt in” and give us permission to use your information for any other purpose. You may also change your preference and “opt out” of receiving certain marketing communications from us by following the directions provided in each applicable communication or such other directions we may provide or by contacting us using the details set out in Section 13.

Under certain circumstances and in compliance with the European Data Protection Laws, you may have the right to:

• Request access to your information (commonly known as a ‘subject access request’). This enables you to receive a copy of the information we hold about you and to check that we are lawfully processing it;
• Request correction of the information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
• Request erasure of your information. This enables you to ask us to delete or remove your information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove all of your information in certain circumstances;
• Object to processing of your information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;
• Request the restriction of processing of your information. This enables you to ask us to suspend the processing of your information, for example, if you want us to establish its accuracy or the reason for processing it;
• Request the transfer of your information to another party; and
• Lodge a complaint with the relevant supervisory authority (as defined in the European Data Protection Laws). If you have any complaints about the way we process your information, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.

If you want to review, verify, correct or request erasure of your information, object to the processing of your information, or request that we transfer a copy of your information to another party, please contact us using the details set out in Section 13. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, your information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.

Do Not Track

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided below.

12. How will I know if there are any changes to this Privacy Policy?

We may revise this Privacy Policy from time to time. We will not make changes that result in significant additional uses or disclosures of your information without allowing you to “opt in” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your information, for which your opt-in is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service.

13. Who do I contact if I have any privacy questions?

If you have any questions or comments about this Privacy Policy, please contact us in any of the following ways:

By e-mail:
[email protected]

By postal mail or courier:
Attn: Privacy
Apiphani, Inc.
One Financial Center
16th Floor
Boston, MA 02111