Privacy Policy

LUNA PRIVACY POLICY

1.    ABOUT THIS PRIVACY POLICY

At Luna, we take the protection of your personal data seriously. This Privacy Policy (the “Privacy Policy”) applies to processing of personal data by Nexxbase Marketing Pvt. Ltd. (collectively, "Luna" or “We” or “Us” or “Our”) when You visit our website get.luna-ring.com, use the Luna ring with the Luna’s Mobile App or the Website, or use other Luna Services.

For the purpose of this Privacy Policy, wherever the context so requires, "You", or “Customer” or "User" or “Your” shall mean (i) any natural or legal person who has agreed to register/sign up for Luna’s Services by providing data required to register on the Website; and/or (ii) any other person who browses, accesses, participates in and/or uses Luna’s Services in any manner.

Our Products, like the Luna Ring, enable You to track Your lifestyle choices and the quality of Your sleep, activity, readiness, heart-rate, other parameters related to well-being. We understand that data does not get much more personal than this, and the protection of Your personal data is of paramount importance to Us. Please take a moment to carefully review this Privacy Policy.

2.   ABOUT THIS PRIVACY POLICY.

This Privacy Policy explains the types of data We may collect, how We may use and disclose the data once it is collected, and, where applicable, how You can stop Us from collecting, using, disclosing or continuing to hold Your data.

This Privacy Policy forms part and parcel of the Terms of Use for the Services. Capitalized terms which have been used here but are undefined shall have the same meaning as attributed to them in the Terms of Use.

Our values guide everything that We do – including how We use Your data. We are strongly committed to keeping Your data safe. This commitment exists throughout the lifecycle of Your data, from the design of any Luna Service which uses data to the deletion of that data.

This Privacy Policy does not apply to any third-party websites, content, data, information, applications, goods, services or materials (“Third Party Services”), even if a link to such Third-Party Services (including social media services) becomes available to You while using Luna’s Services and accessing Content made available by Luna.  The data that You share with Third Party Services will be governed by the specific privacy policies and terms of service of the Third Party Services and not by this Privacy Policy. By providing these links, We do not imply that We endorse or have reviewed these websites. Please contact the Third-Party Services directly for information on their privacy practices and policies. If You object to the practices described in this Privacy Policy, You should (a) remove cookies from Your computer/mobile device after leaving Our Website, Mobile App and/or any other Services; and (b) discontinue Your use of Our Website, Mobile App and/or any other Luna Services.

 

3.   ACCEPTANCE OF TERMS OF THE PRIVACY POLICY BY THE USERS.

This Privacy Policy is to be read and understood along with the cookie policy (“Cookie Policy”), terms of use (“Terms of Use”) and other policies (collectively referred to as ‘Luna Policies’), which are applicable to You when You visit, access, browse and/or use Our Website or Mobile App. By using this Website and/or Mobile App, You signify Your acceptance of the Privacy Policy and expressly, freely and unambiguously consent to Our collection, use, disclosure, and retention of Your data as described in this Privacy Policy.

We encourage You to retain and review this Privacy Policy to stay informed about Our data practices and the ways You can help to protect Your privacy.

BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.

4.   WHY DOES LUNA PROCESS YOUR PERSONAL DATA?

The sections below explain the categories of personal data We collect and process, as well as the reasons We do so. You will also find information on Our legal basis for processing Your data, and Our data sources.

5.   ONLINE CUSTOMERS & WEBSITE VISITORS

5.1.        PROCESSING PURPOSES

If You visit Luna's Website, have an account, or complete orders on Luna's online store, We process personal data for the following purposes:

Basis

Why We Process Your Data

To provide Luna services

We process personal data when You use Our Website or Products, such as to provide You with daily insights about Your readiness, sleep, activity, heart rate and other inferences about Your health status basis the Luna Services availed by You.

To complete and deliver Your orders

We process personal data to process, handle, and deliver Your purchases, and to facilitate Your shopping.

To provide customer service

We process personal data for the purpose of providing customer service and managing communication with Our customers. If You contact Our support with questions regarding Our Website or Products, We will use the provided information to answer Your questions, and to help solve any issues You may have.

To develop and improve Our Services

We process personal data regarding Your use of Our Website to improve the quality of Our Services. This may involve Our use of web analytics and trends on Our Website and Our online store. When feasible, We will do this using only aggregated and anonymized data.

To advertise and market Our Services

We process marketing data to provide online advertising and Luna marketing communications. Luna does not target people with online advertising based on their health data in Luna’s Mobile App. As elaborated further in Our Cookie Policy, We use cookies on Our Website to create targeted audiences for online advertisement. You always have the choice to opt out of marketing communications.

To comply with statutory obligations

In certain cases, We must process certain data when it is required by applicable legislation. Such statutory obligations may, for instance, pertain to accounting and tax requirements, legal claims, or other legal purposes.

5.2.       LEGAL BASIS FOR PROCESSING

The applicable data protection laws in Our jurisdiction requires a "lawful basis" for collecting and retaining personal information from You. Such lawful basis for processing of Your data depends on the particular processing purposes, including:

Lawful Basis

Why We Process Your Data

Contract

When processing personal data to handle and deliver Your purchases, We rely on the legal basis of a user contract, which is created when You place Your order.

Consent

We process Your personal data for electronic direct marketing purposes if You have provided Your consent for it.

Legitimate Interest

When We process Your personal data for customer service purposes, marketing, and developing Our products, We do it on the basis of Our legitimate interest to run, maintain, and develop Our business and to create and maintain customer relationships. When choosing to use Your data on the basis of Our legitimate interests, We carefully weigh Our own interests against Your right to privacy under applicable laws.

Legal obligation

Luna must process certain information to comply with statutory obligations which may vary in each country. For example, such obligations can relate to consumer protection or accounting legislation.

5.3.       PROCESSED DATA AND DATA SOURCE

In most cases, We collect personal data directly from You if You choose to complete orders in Our online store or contact Us with a question or complaint. When You visit Luna's Website, We collect analytical data about You through Your device and browser via cookies and various other technologies for service development and advertising purposes. Luna may also rely on trusted third-party processors to collect data on Our behalf, such as Our payment processor partners. We process the following personal data categories when You visit Our Website:

i.                Identity information such as name, personal details etc.;

ii.              Contact information such as email address and address;

iii.            Delivery information such as Your purchases and chosen payment method;

iv.            Device information such as IP address, time of visit, and location data

v.              User activity such as browsing patterns on the Website and any communications You engage in with Us.

6.   FOR DEVICE & APPLICATION USERS PROCESSING PURPOSES.

6.1.       LUNA COLLECTS AND PROCESSES YOUR PERSONAL DATA FOR THE FOLLOWING PURPOSES:

Basis

Why We Process Your Data

To provide Luna Services

We process personal data when You use Our Products, for us to provide You with daily insights about Your readiness, sleep, activity, and other inferences about Your health status such as your heart rate.

To provide customer service

We process personal data for the purpose of providing customer service and managing Our customer communication. If You contact Our customer support team with questions regarding Your Mobile App data, We may use the provided information to answer Your questions and for solving any issues You may have.

To develop Our Products and Services

We process data regarding Your use of the Luna ring and platform to improve Our Services and features offered therein, such as Luna’s Mobile App. When feasible, We will do this using only pseudonymized, aggregated, or non-personally identifiable data.

To market Our Products and Services

We process marketing-related personal data to provide online advertising and Luna marketing communications. For example, as elaborated further under Our Cookie Policy, We use cookies and similar technologies on Our Website to create audiences for online advertisement. You can opt out of direct marketing communications.

To enable third party integrations and services

We process personal data You provide to Luna to enable third party integrations, services, features, and offerings. For example, with Your permission, Our Products may integrate with third party services like Google Health Connect and Apple HealthKit, or Our research partners. Luna takes measures to help ensure third party services protect Your personal data, which means that Luna only processes Your data with respect to third party integrations when You choose to integrate them with Our Products, or when You provide the necessary consents. We process the data We receive from these third parties according to applicable terms, such as the Google Health Connect Permissions policy and Google Limited Use requirements as well as relevant third party developer license agreements.

To comply with legal obligations

In certain cases, We must process certain data when it is required by applicable laws and regulations. Such statutory obligations are related, for example, to accounting and tax requirements, legal claims, or other legal purposes. Luna will oppose any request to provide legal authorities with access to user data for surveillance or prosecution purposes, and will notify You if We receive any such request.

6.2.      LEGAL BASIS FOR PROCESSING

The applicable data protection laws in Our jurisdiction requires a "lawful basis" for collecting and retaining personal information from You. Our lawful basis for processing Your data depend on the particular processing purposes, including:

Lawful Basis

Why We Process Your Data

Contract

When processing personal data for the purpose of providing Luna services via Our Websites or Products, We process personal data on the basis of a user contract, which is formed when You create Your account and accept Our terms and conditions.

Consent

We process Your health-related data only with Your consent. In some cases, You can provide Your consent to Us for processing Your data through Your actions, such as by inserting health data into Your notes, or by adding health related tags in the Luna’s Mobile App.

Legitimate Interest.

We process Your personal data based on Our legitimate interests when We process it for the purposes of marketing Our Products and Websites, providing customer service and improving Our Products. When choosing to use Your data on the basis of Our legitimate interests, We carefully weigh Our own interests against Your right to privacy, in compliance with applicable laws.

Legal obligation

Luna must process certain information to comply with statutory obligations which may vary from country to country. For example, such obligations can relate to consumer protection or tax laws.

6.3.      PROCESSED DATA AND DATA SOURCE.

In most cases, Luna collects personal data directly from You, such as when You register for an account, tag Your data in the Luna Mobile App or Website, or use Your Luna ring. We may also process data that is produced from the information You provide to Us. Luna may also rely on trusted third party processors to collect data on Our behalf, such as Our payment processor partners.

Luna processes the following personal data categories when You use Our Products:

i.                Personal Identity information such as Your name, personal details etc.;

ii.              Contact information such as email address or physical address;

iii.            User information such as gender, height and weight, User ID, and other information You may provide to Us about Yourself or Your Luna account;

iv.            Device information such as IP address and location data.

v.              User-provided activity and contextual information such as the activities, notes, comments, and tags You provide within the Mobile App;

vi.            Measured data such as heart rate, movement data, and temperature data;

vii.          Calculated user, sleep, health, and activity data such as sleep phases (deep, light, REM, awake), activity levels throughout the day, readiness level, and body mass index (calculated based on height and weight).

6.4.        Please note that some of the personal data We process, including any data concerning Your health, is considered special or sensitive personal data. Under applicable law, such data is processed only if You have given Your consent for processing. For example, if You access or use any of Luna's location-based services, such as by enabling GPS-based activity tracking through Our Products, Luna may process the approximate or precise location of Your device while the service is active. This data may be obtained via Your device's service provider network ID, GPS, and/or Wi-Fi data. Luna does not process such location data without first obtaining Your consent. You may disable such location processing at any time using Your device's location permission settings.

7.   DATA SHARING AND DISCLOSURES

7.1.        PERSONAL DATA SHARING

Luna does not sell or rent Your personal data, and only shares Your personal data with certain trusted service providers and partners so that We can provide and improve Our Services, to provide partner services and other offerings, and to operate Our business. Whenever We share data with third-party service providers, We require that they use Your data only for the purposes We have authorized, and for the limited reasons explained in this Privacy Policy. We also require these service providers to protect Your personal data to at least the same standards that We do.

Luna uses service providers for purposes such as:

i.                providing and improving Our Services;

ii.              storing Our users' data;

iii.            providing customer services;

iv.            managing and organizing Our marketing activities. Luna only shares Website usage data with Our advertising network partners for the purposes of analyzing and optimizing Our marketing. Luna does not share the Luna Product data with third party advertisers; and

v.              analyzing information regarding the use of Our Services to improve Our service quality.

7.2.       PERSONAL DATA DISCLOSURES

We also reserve the right to disclose personal information under certain specific circumstances, including:

i.                When We have Your express consent to do so;

ii.              When it is reasonably necessary for Our legitimate interests in conducting Our business, such as in the event a merger, acquisition, or sale;

iii.            To protect Luna's legal rights and property; and

iv.            To comply with valid legal requirements. Luna will oppose any request to provide legal authorities with access to user data for surveillance or prosecution purposes, and will notify users if We receive any such request.

Otherwise, Your personal data is never shared with any individual or other organization.

8.   SAFEGUARDING YOUR DATA

Luna uses technical and organizational safeguards to keep Your data safe and secure. When appropriate, these safeguards include measures such as anonymization or pseudonymization of personal data, strict access control, and the use of encryption to protect the data We process.

We also ensure that Our staff receives adequate training to ensure personal data is processed only in accordance with Our internal policies, consistent with Our obligations under applicable law. We also limit access to Your sensitive personal data to personnel that have specifically been granted such access.

Online services that We provide via Our Website protect Your personal data in-transit using encryption and other security measures. We also regularly test Our service, systems, and other assets for possible security vulnerabilities.

We update Our Products regularly to protect Your personal data. We recommend that You make sure that You always have the latest Mobile App and firmware versions installed in order to maximize protection of Your data.

9.   DATA RETENTION.

The retention period for Your personal data generally depends on the duration of Your Luna account lifecycle. Your personal data will be deleted when it is no longer needed for the purpose for which it was originally collected, unless We have a legal obligation to retain data for a longer period of time. For example, Your measurement data regarding Your sleep, readiness, and activity is stored only so long as Your Luna account is active.

Luna also has legal obligations to retain certain personal data for a specific period of time, such as for tax purposes. These required retention periods may include, for example, accounting and tax requirements, legal claims, or for any other legal purposes. Please note that obligatory retention periods for personal data vary based on the relevant law.

If You wish, You may request deletion of Your Luna account by contacting [email protected]

10.         WARRANTY DISCLAIMERS.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND/OR CONTENT MADE AVAILABLE THROUGH US, NOR DO WE GUARANTEE THAT THE CONTENT AND/ OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES (INCLUDING OUR PRODUCTS) WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY SERVICES AND/OR CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY SERVICES PURCHASED AND/OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.

11. USE OF COOKIES

We use cookies and various other technologies to collect and store analytics and other information when customers use Our Website, as well as for personalization and advertising purposes. The cookies We use include both first party and third party cookies.

Cookies are small text files sent and saved on Your device that allows Us to identify visitors of Our Website, facilitate the use of Our Website, and to create aggregate information of Our visitors. This helps Us to improve Our Service and better serve Our Customers, and will not harm Your device or files. We use cookies and similar technologies to tailor Our Website, Mobile App, Products and the information We provide in accordance with the individual interests of Our Customers. Cookies are also used for tracking Your browsing habits and for targeting and optimizing advertising, both on Our Website as well as on other websites You may visit. We also use cookies and similar technologies for integrating Our social media accounts on Our Website.

Please see Our Cookie Policy for more information on Luna's use of cookies, and how You can set Your cookie preferences.

12. YOUR RIGHTS AS A DATA PRINCIPAL.

Whenever Luna processes Your data, You have certain rights that enable You to control how Your personal data is being processed. This section provides You with information about each of those rights. If You wish to exercise Your rights as a data principal, please contact [email protected] with Your request to do so.

i.     Right to access & information about Your data

You have the right to know the type of Your personal data that We process. You may contact Us to request access to the personal data We have collected about You, and We will respond to Your queries and provide You with information about the personal data We have collected and processed.

Please note that by using Luna’s Mobile App, You can easily access the sleep, readiness, and activity data that We process about You.

ii.  Right to erasure

You have the right to request the deletion of Your personal data in certain circumstances. We will comply with such requests unless We have a valid legal basis not to do so, or a legal obligation to preserve the data.

iii. Right to rectification (of inaccurate data)

You have the right to request correction of any incorrect or incomplete personal data We have stored about You.

Please note that You can correct and update some of Your basic information via Luna’s Mobile App and via Our Website.

iv. Right to data portability

You have the right to request receipt of the personal data You have provided to Us in a structured and commonly used format. The right to data portability only applies when We process Your personal data for certain reasons, such as by contract or by Your consent.

v.   Right to object to processing of Your personal data

You have the right to object to the processing of Your personal data under certain circumstances. In the event that We do not have legitimate grounds to continue processing such personal data, We will no longer process Your personal data after We have received and verified Your objection. You also have the right to object to the processing of Your personal data for direct marketing purposes at any time.

vi. Right to restrict processing

You have the right to request that We restrict processing some types of personal data under certain circumstances. For example, if You contest the accuracy of Your data, You may request Us to restrict the processing of Your data, until Luna has verified the accuracy of Your data.

vii.    Right to nominate

 You have the right to nominate a person to act on Your behalf in case of Your death or incapacity.

viii. Right to withdraw consent

If We have requested Your consent in order to process Your personal data, You have the right to withdraw Your consent for such processing at any time where this right is provided by local law. It should be noted, however, that withdrawing Your consent may lead to issues or restrictions on Your ability to fully utilize Luna Products.

Please note that You can always unsubscribe from receiving Our newsletter and other marketing emails by using the ‘Unsubscribe' link provided in the emails You receive from Us.

13. CALIFORNIA RESIDENTS.

13.1.    CCPA NOTICE FOR CALIFORNIA CONSUMERS

This notice supplements the information contained in Luna’s Privacy Policy and applies solely to all visitors, Users, and others who reside in the State of California ("Customers" or "You"), and who access Luna's Website or Products. This notice is pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), and any terms defined in the CCPA have the same meaning when used in this notice.

13.2.   COLLECTION, USE, AND SHARING OF INFORMATION

Where a customer interacts with Luna's Products and/or Services, Luna collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information" or “personal data”). Information about the categories of personal data We collect, the purposes for which Your personal data is processed, and any sharing of Your personal data can be found from relevant sections of this Privacy Policy above:

i.               Device and Application User: categories of collected personal information and processing purposes

ii.            Online Store and Website Visitor: categories of collected personal information and processing purposes

iii.          Sharing of personal data

We don’t sell Your personal information to third parties, including data aggregators. We have collected and disclosed only the categories of personal information in this Privacy Policy as described in the Data Sharing and Disclosures section above.

13.3.   CALIFORNIA CONSUMER RIGHTS

If You are a California resident, You have certain rights under the CCPA:

i. Right to know about the personal data We collect and share

The CCPA gives You the right to request that We disclose the personal data We have collected about You in the last 12 months, after We receive and validate Your request. Once We receive and confirm Your verifiable consumer request, We will disclose to You:

a.         The categories of personal data We have collected about You;

b.         The categories of personal data We have disclosed about You (if any);

c.         The categories of sources for the personal data We have collected about You;

d.         Our business or commercial purposes for collecting or selling that personal data;

e.         The categories of third parties with whom We share that personal data; and

f.          The specific pieces of personal information We have collected about You.

ii.  Right of correction

You have the right to request correction of Your personal data. After We receive and validate Your request, We will correct Your personal data, unless an exception applies.

Please note that You can correct and update some of Your basic information via the Luna’s Mobile App and the Website.

iii. Right of deletion

You have the right to request erasure of Your personal data, subject to certain exceptions, such as when We have a legal obligation to retain the data in question. After We receive and validate Your request, We will delete Your personal data, as well as direct Our Service providers to delete Your personal data unless an exception applies.

How to make disclosure, access, correction, or deletion requests

If You are a California resident, You can request disclosure, access to, correction, and/or deletion of Your personal data as described above by submitting a verifiable consumer request to Us by:

Sending an e-mail to [email protected], including the following information along with Your request: Your full name, company name (if applicable), address, e-mail address, and a phone number. We may request that You provide additional information if necessary to confirm Your identity. This is for security purposes, and is required by law in some cases.

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable consumer request related to Your personal information. You may also make a verifiable consumer request on behalf of Your minor child.

You have the right to make a free request up to two times in any 12-month period. We will respond to all validated requests within 45 days of receiving Your request, unless We request an extension. In the event that We reasonably require an extension in order to respond to Your request, We will notify You of any such extension within the initial 45-day period.

iv. Do Not Sell My Personal Information

You have the right to opt out of “sales” or “selling” of Your personal information (as such term “sell” is defined under the CCPA). To clarify, We do not “sell” Personal Information and We do not have actual knowledge of any “sale” of Personal Information of any individual under the age of sixteen (16).

v.   Non-Discrimination

Luna does not discriminate against users who request Us to exercise their privacy rights under the CCPA. Unless an exception applies, this includes Our promise not to:

a.    Deny You goods or Services (including Our Products);

b.    Charge You different prices or rates for goods or services, including granting discounts or other benefits, or imposing penalties;

c.    Provide You a different level or quality of goods or services; or

d.    Suggest that You may receive a different price or rate for goods or Services or a different level or quality of goods or Services.

14. CONTACT INFORMATION

If You have any questions about how We use Your information or if You have a concern about how Your information is used, please contact Us:

Name: Rahoul Srivastav

Contact: [email protected]

Address: Unit 30-31A, Tower B1, Spaze IT Park, Sohna Road, Sector 49, Gurgaon-122018

Email: [email protected]

15. CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this Privacy Policy from time to time at Our sole discretion, but if We do, We'll let You know about any material changes either by notifying You on Our Website or by sending You an email or push notification, if the changes are significant. If You keep using Luna Services after a change in Our Privacy Policy, Your continued use implies that You accept any such changes.

In the case of any conflict between the English language version and translations in other languages, the English language will control and apply, unless and except as required by applicable local law.