“Personal information”. Personal information means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, email address and telephone number. When anonymous information is directly or indirectly associated with personal information, this anonymous information also is treated as personal information.
1. DATA COLLECTION
As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy. As such, LucernaTM reserves the right to and may change the terms and conditions of this policy from time to time by updating this page. LucernaTM has no obligations under any conditions to inform Visitor of any potential changes contained within. It is the responsibility of the Visitor to check this page from time to time to ensure that you are in agreement and happy with any changes. This policy is effective from 1st of November, 2013.
LucernaTM attaches great importance to the protection of the private sphere of its Visitors when processing their personal data and takes this obligation into account in all business processes. LucernaTM undertakes to comply with the relevant data protection laws. This data protection policy applies to all of LucernaTM’s websites, but not to the websites of other providers to which our website provides links.
If you visit LucernaTM's web-site, your web-browser automatically discloses, and LucernaTM's webserver automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful (hereinafter referred to as “Your Data“). This data may or may not be sufficient to identify you. Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain. This data may or may not be sufficient to identify you.
If you disclose personal data to LucernaTM in conjunction with an identifier such as your name or your credit-card details, LucernaTM will collect Your Data. Moreover, any data that becomes available to LucernaTM through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become Your Data. Subject to the qualifications immediately below, LucernaTM undertakes to collect Your Data from you and not from other parties. This undertaking is qualified to but not limited, as follows:
• where LucernaTM reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering Your Data from other sources. This applies in particular to consumer profile data.
Accordingly, Visitor acknowledges the necessity and reasonableness of the aforementioned data collection and provides consent for this to be done. Personal data means information concerning the user’s personal and material circumstances. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content.
2. DATA SECURITY
LucernaTM undertakes to store Your Data in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity. LucernaTM undertakes to transmit Your Data in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity.
3. RIGHTS OF THE COMPANY REGARDING USAGE OF VISITOR PERSONAL DATA.
Disclosure refers to making Your Data available to any party other than LucernaTM and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
LucernaTM, on its own initiative or at your request, may complete, correct or delete incomplete, erroneous or outdated personal data that LucernaTM stores in relation to this website.
LucernaTM reserves the right to provide reputable third parties, affiliates, and/or other associates of LucernaTM with statistical data in summarized form regarding LucernaTM’s customers, users, patterns of access and associated site information. These statistics and general data contain no information that allows conclusions to be drawn regarding the identity of individuals.
Visitor hereby grants to LucernaTM the right to exchange any and all information provided by Visitor or information which would be considered derivative-information from the information provided by Visitor for the above mentioned purposes as well all purposes, terms, and conditions listed within the entire Agreement. The above mentioned right to exchange will extend to any current or future companies with which LucernaTM is affiliated.
Upon written request from the Visitor, LucernaTM will immediately or at the earliest point in time delete personal data of the requesting party. In order for the aforementioned request to be acknowledged the requesting party must have standing to make such a request and must be an entitled party within the framework of the law. The aforementioned clause will be null and void should LucernaTM be under legal obligation to store such data.
4. DATA RETENTION AND DESTRUCTION
Subject to the qualifications immediately below, LucernaTM undertakes:
• to retain Your Data only as long as is consistent with its purpose; and
• to destroy Your Data when its purpose has expired, and to do so in such a manner that Your Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
• Your Data may be retained in LucernaTM 's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
5. VISITOR ACCEPTANCE OF TERMS AND CONDITIONS WITHIN DATA PROTECTION POLICY.
By visiting the websites (hereinafter the “Website”) of LucernaTM, you indicate that you, the Visitor, are in agreement with the instant Data Protection Policy as well as its terms, conditions, rights and provisions. You have the right to object to the use of your data. You may revoke your consent to this policy at any time relative to future effect. If you have any questions regarding the use of your personal data by LucernaTM and its business associates above and beyond this information, please contact us immediately.
Visitor hereby granted LucernaTM the right to exchange all information provided by Visitor for the above-mentioned purposes with other affiliated/associated companies belonging to and/or partnered with LucernaTM.
7. PROTECTION PROTOCOLS OF VISITOR DATA.
LucernaTM will transmit Visitor’s personal data over the Internet in encrypted form using the SSL (Secure Sockets Layer) procedure. This must be clarified with the agency in question. However, the provision of personal data, whether this is done face-to-face, by telephone or over the Internet, always involves risks and no technical system is completely immune to manipulation or sabotage. LucernaTM has attempted to take reasonable measures to prevent unauthorized access to your personal data as well as the unauthorized use or adulteration of this data and also to minimize associated risks.
The security, integrity and confidentiality of Visitor’s information are extremely important to LucernaTM. As such, we have implemented technical, administrative and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
8. LIMITATION OF LIABILITY RELATIVE TO THE ACTIONS OF THIRD-PARTIES.
Because we cannot control the activities of third-parties, LucernaTM cannot accept responsibility for any use of your personal information by such third-parties, and we cannot guarantee that they will adhere to the same privacy and security practices as LucernaTM.
LucernaTM is not responsible for the privacy practices and policies of such third party(s) and, therefore, Visitor should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services offered by the aforementioned third-party(s).
10. COMPLIANCE WITH LAWS AND GOOD BUSINESS PRACTICES.
LucernaTM will share and disclose Visitor’s personal information with companies, organizations or individuals outside of LucernaTM if a good-faith basis exists relative to that access, use, preservation or disclosure of the information being reasonably necessary to:
• meet any applicable law, regulation, legal process or enforceable governmental request; and,
• enforce applicable Terms of Service, including investigation of potential violations; and,
• detect, prevent, or otherwise address fraud, security or technical issues; and,
• protect against harm to the rights, property or safety of LucernaTM, our users or the public as required or permitted by law.
LucernaTM is compliant and maintains its Privacy Policies in accordance with all applicable United States Federal and State laws, including but not limited to the Electronic Communications Act, Electronic Communications Privacy Act of 1986, Stored Communications Act, 18 U.S.C. §§ 2701-12, the United States Federal Trade Commission’s Fair Information Practice Principles, and the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the United States and the European Union member countries. LucernaTM adheres to and provides notice, choice, onward transfer, security, data integrity, access, and enforcement relative to the Fair Information Practice Principles.
11. QUESTIONS CONCERNING DATA PROTECTION.
Visitor may contact LucernaTM at any time if you wish to correct, disable or delete your profile and the personal data contained therein. Should Visitor wish to correct, disable or delete any of the stored data, Visitor shall provide to LucernaTM, a written request delineating the specific data to be deleted and written authorization on behalf of Visitor to LucernaTM to delete same. Upon written request by the Visitor, LucernaTM will inform Visitor of the stored data, including by not limited to the origin of the data, the recipient of the data and the purpose of saving same.
12. GOVERNING LAW: VENUE.
This Agreement shall be governed by the laws of New York, without giving effect to the principles of conflict of laws thereof. All disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the federal or state courts having jurisdiction in New York County.
The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens.