PRIVACY NOTICE

 

Last Updated: February 12, 2024

 

Introduction

At Parka Solutions Inc. (“Lucky”, “us”, “we”, or “our”), we understand the importance of online privacy, so we strive to provide those interacting with us with a transparent online experience. This Privacy Notice describes how https://luckylabs.io/ (the “Website”), the Website we operate, collects, uses, and discloses your personal information when you visit the Website or otherwise engage with our service (collectively, “Service”).

By using our Service and visiting our Website, you agree to the collection and use of information in accordance with this Privacy Notice. Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Notice constitute your agreement with us (“Agreement”). If you do not agree, you may not use our Service or visit our Website and should immediately stop using and clear your browser's data and cache. Unless otherwise defined in this Privacy Notice, the capitalized terms not otherwise defined in this Privacy Notice shall have the meaning as set forth in our Terms.

The Types of Personal Information We Collect About You

We collect several different types of information from you through various means:

Information We Collect About You. We may collect, use, store and transfer different types of personal information about you, which we have grouped together as follows: 

  • Identifying Information includes first name, last name, email address, phone number, and physical address. These may also be referred to as “Identifiers”.

 

  • Employment Information includes the name of the company who you work for and on whose behalf you may be engaging with us. These categories of information may also be referred to as “Employment Information”.

 

  • Commercial Information, which is data that relates to the purchasing activities and preferences of a user as a consumer, including information about purchases and consuming histories.

 

  • Usage Data includes information such as your computer's internet protocol address (e.g. IP address), the mobile device used to access the Service, mobile device unique ID (MAC ID), mobile operating systems, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. 

 

We also collect, use, and share Aggregated Data through analytics providers such as statistical or demographic data. Aggregated Data could be derived from your personal information but is not considered personal information under the law as this data does not and 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 feature of the Website. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be used in accordance with this Privacy Notice.

How We Collect Personal Information About You?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identifying Information and Employment Information by filling in forms or by corresponding with the Service. This includes personal information you provide when you submit information through the “Book Demo” function on the Website.

 

  • Automated Technologies or Interactions, including Cookies. We use files with a small amount of data which may include an anonymous unique identifier (“Cookies”) and similar tracking technologies to track the activity on our Service, and we hold certain information. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some portions of our Service. Examples of Cookies we use:

(a)  Session Cookies: We use Session Cookies to operate our Service.

(b)  Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

(c)  Security Cookies: We use Security Cookies for security purposes.

  • Third Party Analytic Providers. We will receive Aggregated Data about you from various third parties, including analytics providers based inside and outside the EU and search information based providers inside and outside the EU. 

How We Use the Information We Collect About You?

We use the information we collect about you for the following purposes:

(a) to provide and maintain our Service;

(b) to notify you about changes to our Service;

(c) to provide customer support;

(d) to fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry; 

(e) to provide, support, personalize, and develop our Website and Service to gather analysis or valuable information so that we can improve our Website and Service;

(f) to monitor the usage of our Service;

(g) to help maintain the safety, security, and integrity of the Website and Service;

(h) to detect, prevent and address technical issues;

(i) to respond to law enforcement requests and as otherwise required by law, court order or governmental regulations;

(j) for testing, research, analysis, and product development, including to develop and improve the Website and Services; 

(k) to fulfill any other purpose for which you provide it;

(l) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

(m) to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;

(n) to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;

(o) in any other way we may describe when you provide the information; and

(p) for any other purpose with your consent.

How Long we Retain Information We Collect About You?

We will only retain your personal information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

How We May Transfer Information We Collect About You

Your data, including personal information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal information, to the United States and process it there. 

We ensure your personal information is protected by requiring all our group companies to follow the same rules when processing your personal information. 

How We Share or Disclose Information We Collect About You?

We do not share (for purposes of cross behavioral marketing), sell, rent, lease, release, disclose, disseminate, make available, transfer or otherwise communicate orally or in writing or by electronic or other means your personal information to any other business outside our group of companies, or to any third parties for monetary consideration, including to opt you into a financial incentive program and have not in the last 12 months or at any time after January 1, 2023. In the event we do, we will request your consent prior to doing so. 

We do not share your personal information with third parties except as follows:

  • Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your data if required to do so by law or in response to valid requests by public authorities.

 

  • Business Transaction. If we or our subsidiaries are involved in a merger, acquisition or asset sale, your data may be transferred.

 

  • Other cases. We may also disclose your data:

(a) to our subsidiaries and affiliates;

(b) to contractors, service providers, and other third parties we use to support our business and provide better service;

(c) to fulfill the purpose for which you provide it;

(d) for the purpose of including your company’s logo on our website;

(e) for any other purpose disclosed by us when you provide the information;

(f) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Parka Solutions Inc., our customers, or others;

(g) to partners to drive better results and opportunities for you; and

(h) accounts, attorneys, advisors, mailing, marketing, payment processing, Website administrators, technical support, modeling, analytics, third-party administrators for vehicle service contracts, insurance companies).

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our written instructions.

Service Providers

We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), provide any party of the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

This includes analytics providers that monitor and analyze the use of our Service:

  • Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. To learn more about Google policy regarding your date, click here:  https://support.google.com/analytics/answer/6004245.
  • Mixpanel. Mixpanel is provided by Mixpanel Inc. You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/. For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/.

This includes Service Providers to automate the development process of our Service, including:

  • GitHub. GitHub is provided by GitHub, Inc. GitHub is a development platform to host and review code, manage projects, and build software. For more information on what data GitHub collects for what purpose and how the protection of the data is ensured, please visit GitHub Privacy Notice page: https://help.github.com/en/articles/github-privacy-statement.

This includes Services Providers that engage in Behavioral Remarketing, including:

We use remarketing services to advertise on third party websites to you after you visit our Service. We and our third-party vendors use Cookies to inform, optimize and serve ads based on your past visits to our Service.

  • Google Ads (AdWords). Google Ads (AdWords) remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads. Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.
  • X (formerly Twitter). X remarketing service is provided by X Corp. You can opt-out of X's interest-based ads by following their instructions: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads. You can learn more about the privacy practices and policies of X by visiting their Privacy Notice page: https://twitter.com/en/privacy.
  • Facebook. Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950. To opt-out of Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out of Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation.

Payments

We may provide paid products and/or services within our Service. In that case, we use third-party services for payment processing (“Payment Processors”).

We will not store or collect your payment card details. That information is provided directly to our Payment Processors whose use of your personal information is governed by their Privacy Notice. These Payment Processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The Payment Processors we work with are:

Security of Data

The security of your data is important to us but remember that no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Your Privacy Rights

Your Data Protection Rights Under General Data Protection Regulation and UK General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU), European Economic Area (EEA), or United Kingdom (UK) you have certain data protection rights, covered by GDPR and the UK GDPR (collectively (GDPR)). 

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information 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 information. This enables you to ask us to delete or remove personal information 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 information 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 information 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 information 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 information 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 Information. This enables you to ask us to suspend the processing of your personal information 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 information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information 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 information. 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.

 

Please note that we may ask you to verify your identity before responding to such requests. If you wish to determine if you are eligible to exercise any of the rights and, if so, exercise any of the rights set out above, please contact us at contact@luckylabs.io and, in your subject line indicate that your contact is a “Data Subject Request” and provide us information about what data subject right(s) you would like to access so we can begin the data subject response process. Please note, we may not be able to provide our Service without some necessary data.

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.

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 in order to clarify your request and/or to help speed up our response.

We try to respond to all verifiable, 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.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) located in the member state in which you reside for purposes of EU/EEA resident data protection issues and with the UK supervisory authority for purposes of UK resident’s data protection issues (ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the relevant ICO so please contact us in the first instance as set forth above.

California Resident Rights

Your Data Protection Rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA) and the California Online Privacy Protection Act (CalOPPA)

We adopt this Privacy Notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this Privacy Notice. 

Notice at Collection

We currently collect the categories of personal information listed in the Information We Collect About You Section, which includes Identifiers, Employment Information, IP Address, Email Address, Commercial Information, Aggregated Data, and Internet Data, which includes Usage Data. 

Personal Information Collected During the Last 12 Months

Personal Information Collected: We have collected the categories of personal information listed below during the preceding 12 months, and we use that data for the purposes identified under each category.

  1. Identifiers
    1. Examples: real name, alias, postal address, online identifier Internet Protocol (IP) address, email address, account name, or other similar identifiers
    2. Categories of Sources: Directly from the consumer or third-party analytics providers.
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
      • Quote prices of service contracts to you;
      • Complete sales of service contracts;
      • Perform services under service contracts;
      • Provide customer service for service contracts;
      • Provide you with information about our services;
      • Manage our relationship with you;
      • Detect fraud and prevent loss;
      • Allow you to contact us and facilitate communication with us;
      • Provide offers to eligible customers;
      • Respond to your feedback, requests, questions, or inquires; and
      • Operate our business.
    4. Categories of third parties with whom we share personal information: We have shared this category of personal information with the following categories of third parties:
      • Corporate parents, subsidiaries and affiliates; and
      • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, payment processing, Site administration, technical support, modeling, analytics, third-party administrators for vehicle service contracts, insurance companies).
  2. Categories of personal information described in California’s data breach notification law
    1. Examples: name, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information
    2. Categories of Sources: Directly from the consumer or third-party marketing affiliates
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
      • Quote prices of vehicle service contracts to you;
      • Complete sales of vehicle service contracts;
      • Perform services under vehicle service contracts;
      • Provide customer service for vehicle service contracts;
      • Provide you with information about our services;
      • Manage our relationship with you;
      • Detect fraud and prevent loss;
      • Allow you to contact us and facilitate communication with us;
      • Provide offers to eligible customers;
      • Respond to your feedback, requests, questions, or inquires; and
      • Operate our business.
    4. Categories of third parties with whom we share personal information: We have shared this category of personal information with the following categories of third parties:
      • Corporate parents, subsidiaries and affiliates; and
      • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, payment processing, Site administration, technical support, modeling, analytics, third-party administrators for vehicle service contracts, insurance companies).
  3. Internet or other electronic network activity information
    1. Examples: browsing history; search history; internet service provider (ISP); type of computer; type of web browser; URLs of any referring or exited webpages; operating system; the date and time of your visit; your domain server; and your browser type
    2. Categories of Sources: Directly from the consumer or third-party analytic affiliates 
    3. Business and Commercial Purposes for Collecting: We use this category of personal information to:
      • Quote prices of service contracts to you;
      • Complete sales of service contracts;
      • Perform services under service contracts;
      • Provide customer service for service contracts;
      • Provide you with information about our services;
      • Manage our relationship with you;
      • Detect fraud and prevent loss;
      • Allow you to contact us and facilitate communication with us;
      • Provide offers to eligible customers;
      • Respond to your feedback, requests, questions, or inquires; and
      • Operate our business.
    4. Categories of third parties with whom we share personal information: We have shared this category of personal information with the following categories of third parties:
      • Corporate parents, subsidiaries and affiliates; and
      • Service providers (e.g. accounts, attorneys, advisors, mailing, marketing, payment processing, Website administration, technical support, modeling, analytics, third-party administrators for service contracts, insurance companies).

Personal Information Sold and Shared

We do not sell or share personal information.

How Long We Retain your Information

We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least 24 months. We only use this information for recordkeeping purposes.

California Consumer Rights

Do Not Sell My Personal Information

You have the right to direct us to stop selling and sharing your personal information to third parties and to refrain from doing so in the future. For purposes of the CCPA, we do not and will not sell or share personal information as defined under applicable law. To the extent we do, you will be able to opt-out of that selling and sharing by clicking on a “Do Not Sell or Share My Personal Information” link at the footer of our Website.

CCPA Requests to Know and Requests to Delete

As described in more detail below, the CCPA gives consumers the right to request that we (1) disclose what personal information we collect, use, disclose, and sell, and (2) delete certain personal information that we have collected or maintain. You may submit these requests to us as described below, and we honor these rights where they apply.
However, by way of example, these rights do not apply where we collect or sell a consumer’s personal information if: (1) we collected that information while the consumer was outside of California, (2) no part of a sale of the consumer’s personal information occurred in California, and (3) no personal information collected while the consumer was in California is sold. In addition, de-identified information is not subject to these rights.
If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (1) treat the request as if it had been submitted in accordance with the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.

Request to Know

As described below, you have the right to request: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which the personal information is collected; (4) the categories of personal information about you that we have sold and the categories of third parties to whom the personal information was sold; (5) the categories of personal information about you that we disclosed for a business purpose and the categories of third parties to whom the personal information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling personal information; and (7) the categories of third parties with whom we share personal information. Our response will cover the 12-month period preceding our receipt of a verifiable request.

Submission Instructions. You may submit a request to know via our toll-free telephone number, +1 646-374-8210, or email to hello@luckylabs.io

Verification Process. We are required by law to verify the identities of those who submit requests to know, and our verification process is described in detail below. We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request for categories of personal information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our Privacy Notice.
  • If we cannot verify the identity of the person making the request for specific pieces of personal information, we are prohibited from disclosing any specific pieces of personal information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Response Process. Upon receiving a request to know, we will confirm receipt of the request within 10 days and provide information about how we will process your request. The information provided will describe our verification process and when you should expect a response from us (unless we have already granted or denied the request). In general, we will respond to the request within 45 days from the day we receive it; but, if necessary, we may take up to an additional 45 days to respond to your request. If an extension is needed, we will notify you of the extension and explain the reasons that responding to your request will take more than 45 days.

Once verification is complete, we will associate the information provided by you in the verifiable consumer request to any personal information previously collected by us about you. We will promptly take steps to disclose and deliver, free of charge to you, the information requested. We will provide an individualized response to requests regarding categories of personal information as required by applicable law; but, we may refer you to our general practices outlined in this Privacy Notice when our response would be the same for all consumers and all the information that is otherwise required to be in a response is presented here.

If you do not have a password-protected account with us, we may respond to a request to know related to household personal information by providing aggregate household information. If all consumers of a household jointly request access to specific pieces of personal information for the household, we will comply with the request if we can verify the identity of each consumer.

Delivery. Except as otherwise provided by applicable law, the information will be provided in writing and may be delivered by mail or electronically in a portable and, to the extent technically feasible, readily-useable format that allows you to transmit the information to another entity. If we do not take action on your request, we will, without delay and, at the latest, within the time period permitted for our response, inform you of the reasons that we did not take action and any rights you may have to appeal the decision.

Limitations. We are committed to responding to requests to know in accordance with applicable law. However, your rights are subject to the following limitations:

  • We are only required to respond to requests to know twice in a 12-month period.
  • We are not permitted to provide specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to (1) the security of that personal information, (2) the consumer’s account with us, or (3) the security of our systems or networks.
  • We are prohibited from disclosing Social Security numbers, driver’s license numbers, other government-issued identification numbers, financial account numbers, health insurance numbers, medical identification numbers, account passwords, and security questions and answers.

Denials. If we deny a verified request to know specific pieces of personal information, in whole or in part, because of a conflict with federal or state law, or an exception under applicable law, we will inform the requestor and explain the basis for the denial. If the request is denied only in part, we will disclose the other information sought by the consumer.

Request to Delete

You have a right to request the erasure/deletion of certain personal information collected or maintained by us. As described below, we will delete your personal information from our records and direct any service providers (as defined under applicable law) to delete your personal information from their records.

Submission Instructions. You may submit a request to delete via our toll-free telephone number, +1 646-374-8210, or email to hello@luckylabs.io. We may present you with the choice to delete select portions of your personal information, but a global option to delete all personal information will be offered and more prominently presented.

Verification Process. We are required by law to verify the identities of those who submit requests to delete, and our verification process is described in detail below. We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request to delete, we may deny the request. We will, however, treat the request as a request to opt-out of sales of personal information.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Response Process. Upon receiving a request to delete, we will confirm receipt of the request within 10 days and provide information about how we will process your request. The information provided will describe our verification process and when you should expect a response from us (unless we have already granted or denied the request). We will use a two-step process for online requests to delete in which you must first, clearly submit the request to delete and then second, separately confirm that you want your personal information deleted. In general, we will respond to the request within 45 days from the day we receive it; but, if necessary, we may take up to an additional 45 days to respond to your request. If an extension is needed, we will notify you of the extension and explain the reasons that responding to your request will take more than 45 days.

Once verification is complete, we will take one of the following actions: (1) permanently and completely erase the personal information on our existing systems (with the exception of archived or back-up systems); (2) de-identify the personal information; or (3) aggregate the personal information. For personal information stored on archived or backup systems, we may delay compliance with your request to delete for that data until the archived or backup system is next accessed or used.

Delivery. In our response to you, we will specify the manner in which we deleted your personal information. We will also inform you of our obligation to maintain a record of the request under California law.

Limitations. We are committed to responding to requests to delete in accordance with applicable law. However, we are not required to delete your personal information if it is necessary for us (or our service providers) to maintain your personal information in order to:

  • Complete the transaction for which the personal information was collected;
  • Fulfill the terms of a written warranty or product recall conducted in accordance with federal law;
  • Provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you;
  • Otherwise perform a contract between us and you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his/her right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with a legal obligation; and
  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which the information was provided.

Denials. If we deny your request, we will (1) inform you that we will not comply with the request and describe the basis for the denial, including any applicable statutory and regulatory exceptions; (2) delete the personal information that is not subject to the exception; and (3) not use the personal information retained for any other purpose than provided for by the applicable exception(s).

Verification Procedures

To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you. As a part of this process, you will be required to provide your full name, phone number, email address, and/or zip code.

If we cannot verify your identity based on the information already maintained, we may request additional information from you. We will try to limit the information collected, and we will only use this information to verify your identity and for security or fraud-prevention purposes. Except as required by law, we will delete any new personal information collected for the purposes of verification as soon as practical after processing the request.

We require different levels of authentication based upon the nature of the personal information requested. A more stringent verification process is applied when (1) sensitive or valuable personal information is involved, (2) there is a greater risk of harm to the consumer, and/or (3) there is a higher likelihood that fraudulent or malicious actors would request the information.

Request to Know Categories. For a request to know categories of personal information, we will verify the identity of the consumer making the request to a “reasonable degree of certainty” by matching at least two (2) data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer.

Request to Know Specific Pieces. For a request to know specific pieces of personal information, we will verify the identity of the consumer making the request to a “reasonably high degree of certainty” by matching at least three (3) pieces of personal information provided by the consumer with personal information maintained by us, which we have determined to be reliable for the purpose of verifying the consumer, together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. We are required by law to maintain all signed declarations as part of our record-keeping obligations.

Request to Delete. For a request to delete, we will verify the identity of the consumer to a “reasonable degree of certainty” or a “reasonably high degree of certainty,” depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion. For example, the deletion of family photographs and documents may require a reasonably high degree of certainty, while the deletion of browsing history may require a reasonable degree of certainty.

Authorized Agents

You may designate an authorized agent to make requests on your behalf through any of the methods described in this Privacy Notice. If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with written permission to do so; and (2) verify your identity directly with us. However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code. We may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

Excessive Requests

If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

California Shine the Light Law

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personally identifying information that we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 501 East Las Olas Blvd, Suite 200/300, Ft. Lauderdale, FL 33301. We will respond to one request per California customer each year, and we do not respond to requests made by means other than as set forth above.

Colorado Resident Rights

 

If you are a Colorado resident, you have the following rights under the Colorado Privacy Act (CPA) in relation to your personal information, subject to certain exceptions:

 

  • Right of Access. You have the right to confirm whether we collect personal information about you and, if so, what personal information we collect, use, disclose, and/or sell, as applicable.

  • Right to Delete. You have the right to request the deletion of your personal information that is collected by us.

  • Right to Correct. You have the right to request that we correct inaccuracies in the personal information that we collect about you. 

  • Right to Opt-Out of Sale. You have the right to opt-out of the sale of your personal information to third parties for the purpose of targeted advertising, profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer or for monetary return. You may authorize another person acting on your behalf to opt out of the processing of your personal data for any of the reasons set forth above. However, as noted above, we do not currently sell any personal information. 

  • Right to Data Portability. No more than two times per calendar year, you have the right to request a copy of your personal information we have collected and maintained about you that allows you to transfer the data to another entity.

 

If you wish to determine if you are eligible to exercise any of the rights and, if so, exercise any of the rights set out above, please contact@luckylabs.io and, in your subject line indicate that your contact is “Data Subject Request” and provide us information about what data subject right(s) you would like to access so we can begin the data subject response process.

 

Any request you submit to us to know, to delete or to correct is subject to an identification and residency verification process as permitted by Colorado law. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information.

 

This section describes your Colorado data subject rights and explains how to exercise those rights and also describes various exclusions and exceptions under Colorado law.

 

We will respond to your request within 45 days after receipt of a Verifiable Consumer Request for a period covering 12 months and for no more than twice in a twelve-month period. We reserve the right to extend the response time by an additional 45 days when reasonably necessary and provided consumer notification of the extension is made within the first 45 days. We will deliver our written response electronically. 

 

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

You may submit data subjects requests to know two times within any 12-month period. We can deny more frequent requests. There are no limits on the number of deletion or correction requests you can make. However, we may deny or charge a fee for manifestly unfounded or excessive deletion requests in line with our administrative costs for the deletion requests.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Within 45 days of a valid and verifiable data subject request, if we do not take any action on the request, we will let you know why, which is usually because we cannot verify your identity or we have verified your identity but identified that you are not and have not been a Colorado consumer in the relevant time period and not able to exercise rights under the CPA. We will provide information about how you may appeal this decision / non-action in that communication. 

You may contact the Colorado Attorney General if you have concerns about the result of your appeal.

 We will not process personal information in violation of state or federal laws that prohibit unlawful discrimination against consumers. 

 

We will not discriminate against you for exercising any of your CPA rights. Unless permitted by the CPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Non-Discrimination Notice

 

We will not discriminate against any user for exercising their privacy rights under law or this Privacy Notice.

 

For United States Resident Users

 

Consent to Receive Electronic Notifications

 

Electronic communication is the most effective and timely way to provide the users of the Website and Services with any optional or required notifications and disclosures. In some circumstances, however, applicable laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Privacy Notice, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any required notifications you receive electronically, you may contact us by email at hello@luckylabs.io, or by mail at 501 East Las Olas Blvd, Suite 200/300, Ft. Lauderdale, FL 33301. To receive electronic records, you will need access to a smartphone, tablet, laptop or computer with internet access and an email account.

 

Notice to Nevada and Utah Residents

 

We do not disclose a user’s personal data to any third party for such third-party’s direct marketing purposes. Nevada S.B. 220 allows Nevada residents to opt-out of the sale of their personal information now in the event we change our Privacy Notice in the future. If you are a Nevada resident we want you to know that, in the event we sell your personal information, you will have choices and can opt out and can affect them by contacting us by email at hello@luckylabs.io, or by mail at 501 East Las Olas Blvd, Suite 200/300, Ft. Lauderdale, FL 33301. This may prevent or restrict your use of the Services in the future.

 

Do Not Track (Including California and Delaware Do Not Track Disclosures)

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to web browser “do not track” settings or signals. We deploy cookies and other technologies on our Services to collect information about you and your browsing activity, even if you have turned on the Do Not Track signal.

 

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third-party's site. Please review the Privacy Notice of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children's Privacy

Our Services are not intended for use by children under the age of 13 (“Children”).

We do not knowingly collect personal information from Children under 13. If you become aware that a Child has provided us with personal information, please contact us. If we become aware that we have collected personal information from Children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Notice

We may update our Privacy Notice from time to time. We will notify you of any changes by posting the new Privacy Notice on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “last updated” date at the top of this Privacy Notice.

You are advised to review this Privacy Notice periodically for any changes. Changes to this Privacy Notice are effective when they are posted on this page.

21. Contact Us

If you have any questions about this Privacy Notice, please contact us: hello@luckylabs.io.