Privacy Notice for California Residents

Last Revised: 2021-10-13 12:22:14

This Privacy Notice applies to Consumers residing in the State of California (hereinafter the "California Privacy Notice" or "Notice"), who are entitled to certain rights and protections with respect to their Personal Information under the California Consumer Privacy Act of 2018 (the "CCPA").

The terms "personal information", "business purpose", "commercial purpose", "sale" and "service provider" as used in this Notice have the meanings ascribed to them in the CCPA. Capitalized terms used but not defined in this Privacy Notice will have the meanings set out in the Lumen Privacy Policy (the "Privacy Policy"). If there is any conflict or inconsistency between the terms of this Notice and the Privacy Policy, the terms of this Notice will govern.

  1. Categories of Personal Information We Collect From California Consumers

    In the preceding 12 months, we have collected the following categories and types of personal information from California consumers, and intend to continue doing so subject to the requirements under the CCPA:

    • Contact information, such as name, email addresses, billing and shipping addresses, phone number.
    • Customer characteristics, which includes the categories of personal information described in the California Customer Records statute (California Civil Code Section 1798.80), including physical characteristics, medical information, payment information and characteristics of protected classifications under California law, such as gender and year of birth.
    • Personal Information you actively input when you use our Services such as account credentials, breath samples, emotional and mental state, perceived sense of viability, as well as ongoing feedbacks that you provide us, information you enter in our “Contact Us” online form or any similar input.
    • Personal Information transmitted in the course of using our Services such as descriptions of your physical/mental objective and/or subjective state and nutrition data, including height, weight, sleep habits, food, caffeine and water intake, heart rate, breath data, real-time assessment of carbohydrate availability and metabolic fuel use as measured via use of the Lumen Device and through the Lumen App, as well as body activity data, such as types of exercise, number of steps, speed and distance and any Personal Information we derive from such information.
    • Commercial information, including purchasing habits, such as such as adding items to your shopping cart, adding items to your saved items list etc.
    • Financial information, such as credit card or bank account numbers, that you provide us in the scope of transactions you make through the Services, which is processed by our third-party services providers and to which we have no access.
    • Technical Identifiers such as IP address, UDID (Unique Device Identifier), browsing history and cookie history.
    • Technical device information such as device type, app analytics, taps and inputs, Wi-Fi network information, operating system, Lumen Device technical information, browser and keyboard language, the 'click-stream' and activities on the Services, and the period of time the Services were used and related timestamps.
    • Geolocation data.
    • Biometric data, such self-Reported Information about physiological, behavioural, and biological characteristics, sleep, health, or exercise data, and facial images.
    • Audio and visual information, such as pictures you may have uploaded to our Services and recorded customer services calls.
    •  Inferences, which are drawn from the above information to create consumer profiles reflecting certain preferences and behaviors and customized content/offerings.
    • Personal information collected from other sources. We may also collect personal information about you from third parties who have represented to us that they have obtained your consent for such provision of information or that you have freely and publicly provided.

    For more information about the types of personal information we collect, please see the "Types of information we may collect on our Users" section in our Privacy Policy.

  2. Business or Commercial Purpose for Collecting, Sharing and Selling Information

    We collect and share your personal information for the following business and commercial purposes: to authenticate you when you use our Devices/Services, to provide you with the Services, to provide customer support, to detect security incidents, to debug and fix errors associated with our Services, improve our Services and offerings, to encourage and enable purchases such as through our various promotions, to comply with any applicable rule or regulation and/or respond to or defend against legal proceedings versus us or our affiliates, to enroll you in our newsletter subscription program.

    We do not make your data publicly available; we do not act as data brokers and we do not trade in your data. However, certain standard generally accepted business practices may be deemed as "Sale" of data under the CCPA, such as when we utilize third party service providers that provide us with services, while they retain certain rights to use your data for their own business needs (e.g. Google Analytics, fraud detection services, etc.).

    If you are a California customer, you have a right under the new definition of "sale", to request to opt-out of certain data transfers and sharing of personal activities which we operate. Please refer to section 3 - "Your California Consumer Rights" below, for information on how you can exercise your rights.

    For more details on how and to whom we share your data please refer to "Sharing Information with Third Parties", "Direct Marketing" and "Cookie Policy" in our Privacy Policy.

  3. Your California Consumer Rights

    California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may make this request up to two times in a 12-month period.

    You may also request additional details about our information practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share and sell your personal information, the categories of personal information we have disclosed and "sold" about you in the preceding 12 months, and the categories of third parties to whom we sold personal information in the preceding 12 months.

    If you are a California consumer, you also have the right to request deletion of your personal information (subject to certain exceptions), to opt-out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights (unless permitted by applicable law, such as if the differences are reasonably related to your information).

    California consumers may make a rights request by submitting an online request or email us at Your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address, name and account id (which is required only if you already have an account with us). If you have an account with us, you can find your account id on your main account page after you log in. Additionally, users may opt-out of the "sale" of information as described above, by clicking the "Do Not Sell My Personal Information" link at the bottom of this page.