Privacy policy

Privacy policy

1.What does this Privacy Policy cover and to whom does it apply?

This Privacy Policy describes how we at LucidLink Corp., a corporation incorporated under the laws of the United States of America, file number 5921484, having its official seat in the USA, State of Delaware and its principal place of business at 3500 South DuPont Highway, City of Dover, County of Kent, 19901 (“LucidLink,” “we,” “us,” “our”) collect and use your personal data in relation to the provision of our services as defined in the LucidLink Terms of Service (the Terms of Service) [https://www.lucidlink.com/terms] (the Services). We know that you care about how your personal data is used and shared, and we take your privacy seriously.  Please read carefully the following Privacy Policy.

Remember that your use of LucidLink’s Services is at all times subject to the Terms of Service [https://www.lucidlink.com/terms], which incorporate this Privacy Policy. If you disagree with the Terms of Service and/or the present Privacy Policy, discontinue the use of the Services. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service [https://www.lucidlink.com/terms], and where no such definition is given therein – the definitions given in the applicable data protection legislation.

When providing our Services to our Customers, we may collect and process personal data regarding the following natural persons (“you,” “your”, “data subjects”):

• Natural persons acting on behalf of Customer (where Customer is an organization or entity), such as legal representatives, authorized persons (e.g. proxies), contact persons, employees that have filed a communication related to the Agreement with LucidLink and the use of the Services (Customer’s Representatives);
• Customers who are natural persons;
• Natural persons who have provided feedback, registered a complaint, submitted a request, asked a question to us or have addressed to or performed other type of correspondence with us in relation to the Services;
• Natural persons who are mentioned in or respectively who are concerned by information provided in a query, complaint, requests or other correspondence submitted to us by other persons.

This Privacy Policy does not apply to the processing of Customer Data in connection with the Services provision. See the Data Processing Agreement (Annex II to the Terms of Service) governing the processing of Customer Data by us in the course of providing the Services for more information about how we handle Customer Data and how our Customers can control their Customer Data through the Services.

This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. Our Website and our Services may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site’s privacy policy.

By visiting or using the https://www.lucidlink.com website (the “Website”) or any other features, content, or applications related to the Services offered by LucidLink and in case of creation of an account in the Website as part of the Services onboarding process – by clicking “Create an account” (or similar button), you acknowledge that you are informed about and accept the practices outlined in this Privacy Policy on how we collect, use, and share your information.

Our Services are intended only for persons that have reached the full legal age. We do not knowingly collect or solicit personal data from anyone under the full legal age or knowingly allow such persons to use our Services. If you are under the full legal age please do not attempt to register for the Services or send any information about yourself to us. In the event that we learn that we have received personal data from a person under the full legal age, we will delete that information as quickly as possible unless we find it necessary to temporarily store such information in order to comply with legal obligations, binding legal orders or to establish, exercise or defend a legal claim. If you believe that we might have any information from or about a child under the full legal age, please contact us at support@lucidlink.com.

2.What personal data does LucidLink collect?

Personal data is any information that relates to you and through which you can be identified (“personal data”). Processing of personal data (“processing”) is any action or set of actions that may be performed with the personal data by automatic or other means.

2.1. Information you or the Customer Provide to Us

Registration of account. In order to use the Services, Customer needs to create a Customer account in the Website. When creating a Customer account, Customer needs to provide the information indicated as mandatory in the respective Website registration form. This information will usually include Customer identification and contact data necessary for the registration and usage of Customer account such as one or more of the following:

• Identification data – e.g. username and/or email address; password;
• Company name (if applicable);
• Contact data (e.g. phone number);
• Any other information indicated as mandatory in order to complete the registration of the account.

Data stored in your account. When you are using Customer’s account, at your discretion you may provide additional information such as first and last name, title, etc. You are obliged to not enter any personal data concerning third persons that you are not entitled to share with us.

Besides the personal data that is mandatory required for creating an account, the Customer independently assesses whether, for how long and what additional personal data to store in the account. The Customer should not enter and should not allow any entry of personal data in the account that is not related to and relevant for the proper use of the Services.

Order Forms, declarations, etc. Documents relating to the conclusion and performance of the contractual relation exchanged between Customer and LucidLink such as Order Forms, declarations, invoices, statements relevant for the conclusion and performance of the Agreement, etc. These documents may contain name, position of Customer’s Representative (if applicable), contact information, handwritten/electronic signature, etc. as well as the respective statements made through them and addressed to LucidLink.

Feedback, requests, complaints, bug reports and other types of correspondence. If you contact us to provide feedback, submit request, register a complaint, report a bug or ask a question, we will process the personal data and the other content that you provide in your communication to us so that we can effectively respond to your request, complaint, or other communication. You do not need a Customer account to contact LucidLink. We will also process information on the status of your feedback, request, complaint or other communication and the result from its processing by us.

Other data. We may also process other data related to you in cases where you voluntarily provide such data – e.g. by filling in relevant electronic forms on the Website (where applicable), including polls and surveys for the purposes for which the relevant electronic forms are created, or the relevant polls and surveys are carried out, adding preferences, settings, etc.

We clearly indicate in our forms for entry of personal data whether the data is mandatory or voluntary to be provided. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features.

2.2. Personal Data Related to the Use of the Services

When accepting the Terms of Service and submitting Order Forms to us, we may also collect and process the following types of data:

• Information on contractual arrangements in our Agreement;
• Information relating to payments made and payable for the Services (this information may include payment method, name, paid amounts, etc.);
• Information necessary for the issuance of invoices, for our accountancy or for the taxation;
• Information relating to the administration and provision of the Services;
• Other information created or provided in the course of using the Services.

2.3. Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. We also automatically receive and record logs with information regarding the time and IP address from which you login /logout and logs for substantial activities related to your use of the Services or the Website (such as unsuccessful attempts for login, activities related to deletion of information, change of registration details, statements related to the registration, acceptance of Terms of Service and other legally relevant statements).

2.4.Cookies and Similar Technologies

When you visit the Website for using the Services, LucidLink may install on your End-Device (computer, mobile device or similar) cookies or to use other similar technologies in relation therewith. A detailed description on the types of cookies used by us and their purpose can be found in our Cookie Policy available here [https://www.lucidlink.com/cookie-policy].

Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third-party website or service, a third party may also transmit cookies to you. This Privacy Policy and our Cookie Policy do not cover the use of cookies by such third parties, and we aren’t responsible for their privacy policies and practices.  Please be aware that cookies placed by third parties may continue to track your activities online even after you have left their website or service, and those third parties may not honor “Do Not Track” requests.

3. For what purposes and on what legal grounds do we process your personal data?

LucidLink collects, uses, and processes the personal data described herein for the purposes provided in this Policy. These include:

• Conclusion and performance of а contract between you and LucidLink (where you act as a Customer-natural person):
  • Performing your registration, creating an account, and activities related to the conclusion, amendment and termination of the Agreement under our Terms of Service;
  • Provision of the Services as per our Agreement with you and performance of the Agreement;
  • Communication with you, including by email, necessary for the provision of the Services and/ or for notifying you about changes in the Services or other relevant for the use of Services issues.

For these purposes, processing of some or all of the above-mentioned types of personal data may be necessary.

• Legitimate interests of LucidLink to conduct to sell its Services and to conclude contracts (where you act as a Customer’s Representative):
  • Performing Customer’s registration, creating an account, and activities related to the conclusion, amendment and termination of the Agreement under our Terms of Service;
  • Provision of the Services as per our Agreement and performance of the Agreement;
  • Communication with the Customer, including by email, necessary for the provision of the Services in accordance with the Terms of Service and/or for notifying the Customer about changes in the Services or other relevant for the use of Services issues;

For these purposes, processing of some or all of the above-mentioned types of personal data may be necessary.

• Legitimate interests of LucidLink to ensure the effective and secure functioning of the Services:
  • Maintenance and administration of the Services;
  • Detection and prevention of malicious activities;
  • Detection and repair of technical or functionality related issues;
  • Prevention of unauthorized access to the Services;
  • Improvement of the functioning and the quality of the Services;

For these purposes, processing of some or all of the above-mentioned types of personal data may be necessary.

• Protecting and exercising the legitimate interests of LucidLink or third parties:
  • Communication with you, including by email, on important issues related to the Services or the Agreement;
  • Establishment, exercise or defense of legal claims with regard to LucidLink’s rights and legal interests, including by legal proceedings, and rendering assistance to other Customers and/or affected third persons in exercising and protecting their rights and legal interests;
  • Collection of receivables payable to LucidLink, including in execution proceedings;
  • Debt collection (incl. via third parties such as debt collection companies) and debt assignment;
  • Consideration and resolution of received complaints, requests and other communications related to the provision of the Services;

For these purposes, processing of some or all the above types of personal data might be necessary.

• Fulfilment of LucidLink’s legal obligations:
  • Financial and accounting activities for complying with our tax, accounting and other reporting obligations;
  • Activities related to the performance of statutory obligations for the retention or provision of information to competent authorities;
  • Activities related to the performance of statutory obligations to notify you of various circumstances related to your rights, the Services provided or your data protection, etc.;
  • Other statutory obligations that we may be bound to comply with under the applicable legislation.

For these purposes, processing of some or all the above categories of personal data might be necessary.

• Legitimate interests of LucidLink to conduct its business activities and to promote its products and services
  • Direct marketing activities, sending marketing communications, offers and other similar news and updates:
    • In cases where you are acting as Customer’s Representative for Customer that is not a natural person; or
    • In cases where you have contacted us at first have provided us with a means of contacting you and have indicated respective interest.

In such a case, you clearly and distinctly will be given the opportunity to object, free of charge and in an easy manner, to such use of electronic contact details at the time of their collection and on the occasion of each message in case you have not initially refused such use. Also, if you do not want to receive communications from us, you can indicate your preference at any time by sending an email to support@lucidlink.com.

For these purposes we may process the contact details that you have provided to us or that are provided to us in the Customer’s account as well as any information on you preferences and interests that you have voluntarily share with us (for example, when you send request for a customized offer with specific requirements, etc.). Besides the above, we may also process information that relates to the Customer you represent as information on our Agreement with the Customer, its use of the Services, etc.

• Explicit consent – In cases when we process your personal data on the basis of your explicit consent, the categories of personal data that we process and the purposes of the processing will be specified in the respective consent form. Such activities may be related to:
  • Conducting surveys, marketing studies, etc. where you voluntarily participate;
  • Marketing activities that we base on your explicit consent.

4. Will LucidLink share any of the personal data it processes?

4.1. Recipients of personal data

We neither rent nor sell your personal data in a personally identifiable form to anyone. However, we do share your personal data with third parties as described in this section:

• Customers and Customer’s Representatives. The data stored into Customer account, such as the Customer’s Representative data, requested Services and other details, are available to that Customer and to other Customer’s Representatives who have access to the Customer’s account.
• Where required by law – We may store and disclose any information that we believe is necessary to comply with applicable law or court order. In such cases we may disclose personal data to competent state and court authorities, auditors or other types of recipients provided by law;
• Where necessary for protection of the rights and legal interests of LucidLink or third parties (such as our employees, contractors, etc.) – when your personal data is necessary to enforce or apply our Agreement, our Terms of Service [https://www.lucidlink.com/terms] to protect the rights, property, or safety of LucidLink, our employees, our Customers, or others, and/or to establish, exercise or defend a legal claim we may disclose your personal data to:
  • Attorneys and legal consultants;
  • Bailiffs;
  • Notaries or persons performing similar public functions;
  • Competent authorities;
• Suppliers and subcontractors – We may use service providers as specialized data centers for reliable and secure colocation of server and network equipment, providers of quality assurance testing services, providers of technical and customer support, cloud service providers, When working with such suppliers and subcontractors and they act as data processors on our behalf, LucidLink requires them to strictly comply with our instructions, in accordance with this Policy, the Terms of Service and the applicable data protection rules. Some of our suppliers and service providers that we may share your personal data with act as data controllers and determine on their own or by virtue of the applicable law their own purposes to process personal data. For example, such providers are the electronic communications service and network providers that are necessary for the Internet connection and communications between us, banks and payment processing companies that we use to receive and process your payments, etc. In such cases, we share personal data only to the extent that is necessary for the performance of the data processing purposes specified in this Policy and only as far as we have a respective legal basis for sharing that personal data.
• In other cases provided for or permitted by law.

4.2. Business Transfers

We may choose to buy or sell assets (incl. businesses and services).  In these types of transactions, customer information is typically one of the business assets that would be transferred.  Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, the personal data would be one of the assets transferred to or acquired by a third party. In case of such business transfers that reflect the processing of personal data, you will be notified in advance.

5. Additional information for specific jurisdictions

5.1. Natural persons located in the EU

The following additional information about the collection and use of your personal data applies if you are in the EU:

5.1.1. We are located outside the EU. Note that LucidLink is a US company and is located outside the EU. When you subscribe for and use our Services or otherwise interact with us, our Website or our Services, your personal data will leave EU and will be processed by us.

5.1.2. Transfers outside of the EU. When we transfer your personal information to other persons or entities (jointly “Recipients”) located outside the EU we do so in accordance with the terms of this Privacy Policy and the EU data protection rules, in particular with the Regulation. This may include (i) the transfer of data to Recipients located in countries, territories or part of specified sectors within such countries that are recognized by the European Commission as ensuring an adequate level of protection of the natural persons concerned; (ii) transfers pursuant to data transfer agreements that incorporate the Standard Contractual Clauses approved by the EU Commission; derogations for specific situations provided for in the EU data protection law, etc.

5.1.3. Rights regarding the processing of personal data. You have the following rights:

• Right of information. This Policy aims to inform you in detail about the processing of your personal data by LucidLink.
• Right of access. You are entitled to receive confirmation whether your personal data are being processed, to receive access to such data, as well as information about the processing and your rights.
• Right of rectification. You are entitled to have your data rectified in case it is incomplete or inaccurate. Your data may be rectified by us upon your request.
• Right of erasure. You have the right to ask for your data to be erased where one of the respective grounds provided by the Regulation applies.
• Right of restriction of the processing. The Regulation provides for the possibility of restricting your personal data processing in case there are grounds for this as set forth therein.
• The right to notify third parties. Where applicable you have the right to request from LucidLink to notify third parties regarding the rectification, erasure or restriction of the processing of your personal data when LucidLink has provided your data to them.
• Right of data portability. You have the right to receive the personal data you have provided, and which are related to you in a structured, commonly used, machine-readable format, and to use such data with another controller at your discretion, if the conditions provided for in the Regulation are present.
• The right not to be subject to a decision based solely on automated processing, including profiling which produces legal effects concerning you or similarly significantly affects you unless there are grounds provided for in the applicable data protection legislation, as well as appropriate safeguards to protect your rights, freedoms and legitimate interests. No technology falling within this category is used for the provision of the Services.

Right to withdraw consent. You have the right to withdraw at any time your consent for personal data processing that is based on prior given consent. Such withdrawal shall not affect the lawfulness of the processing based on consent before its withdrawal.

Right to object. You have the right to object, in respect to data processed, based on legitimate interest. In the event of such an objection we will examine your request and, if justified we will comply with it. If we believe there are enough legal grounds for the processing or where necessary for establishing, exercising or defending legal claims we will inform you accordingly.

Exercise of rights You can exercise these rights at any time by sending us or our EU Representative a notice in writing via the contacts provided in this Privacy Policy or on the following email address: support@lucidlink.com. You can exercise some of your rights through the interface of the Customer’s account as far as respective functionalities are available.

• Right to lodge a complaint with a supervisory authority. You have the right to lodge a complaint with a supervisory authority in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes on the applicable data protection legislation.

5.2. California Residents

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which 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: support@lucidlink.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@lucidlink.com.

6. How long do we store your personal data?

LucidLink applies the storage limitation principle, namely stores personal data in minimal volume and for a period no longer than the necessary for the purposes for which they are processed, ensuring that they are stored securely and in compliance with the applicable legislation.

We store the categories of personal data listed above as follows:

Type of data	Storage period/criteria for its determination
Data provided with respect to the registration of account, information contained in the Order Forms, declarations and other documents relating to the conclusion and performance of the Agreement; Data related to the use of the Services; Information collected automatically in the contexts of substantial activities related to your use of the Services or the Website (as information on acceptance of the Terms of Service)	For the period of the duration of the contractual relationship between Customer and LucidLink and up to the elapsing of the limitation period for civil law claims under the applicable legislation, unless longer retention period applies as per this Privacy Policy or the applicable legislation
Additional information stored in the account	Until deletion by the Customer OR until the termination of the account (whichever event is the earlier one)
Invoices and other financial information related to the use of Services (incl. payments made and payable for the Services)	For the entire duration of the Agreement and up to the elapsing of the limitation period for civil law claims under the applicable legislation, unless longer retention period applies as per the applicable legislation (e.g. tax, accounting or similar)
Feedback, requests, complaints, bug reports and other types of correspondence	– For the duration of the Agreement, or – until the completion of the correspondence and/or the final resolution of the correspondence related case, if there is no applicable contractual relationship, and up to the elapsing of the limitation period for civil law claims under the applicable legislation
Other voluntarily provided data	Until completing the respective polls and surveys or until you change the respective preferences, settings, etc.
Other Server/ System logs and other automatically collected information not mentioned in the categories above.	Up to 1 /one/ year, unless for such data is determined a different storage period in this Policy

Notwithstanding the data retention periods set out above, it is possible that:

• a specific legal dispute or procedure arises (e.g. litigation, arbitration, administrative proceedings, etc.), requiring the data to be retained after the retention periods have elapsed;
• we receive a mandatory instruction from a competent public authority to preserve certain data/ content.

In such cases, the personal data will be preserved in accordance with the retention periods specified by the competent authority or until the final settlement of the dispute or proceedings before all instances, including the settlement of the respective execution proceedings.

If any law or other legislative act requires the storage of the personal data for a period longer than the one specified above, the legally established longer term shall apply to their storage.

7. How do we ensure the security of your personal data?

We endeavor to secure your personal data we  process using industry standard measures.

We limit the access to your personal data to those employees and contractors who need access to perform their job function, such as our customer service personnel.

8. What if you have questions about this Privacy Policy?

If you have any questions or concerns regarding our privacy policies or any other question related to the use of your personal data by LucidLink, please send us a detailed message to support@lucidlink.com, and we will try to resolve your concerns.

If you act as a Customer’s Representative and interact with us on behalf of or through your organization, then your personal data may also be subject to your organization’s privacy practices, and you should direct privacy inquiries to your organization.

9. Will LucidLink ever change this Privacy Policy?

We are constantly trying to improve our Services and need to comply with all the changes in the applicable data protection legislation, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on https://www.lucidlink.com, by sending you an email, and/or by some other appropriate means.

This Privacy Policy does not apply to the processing of Customer Data in connection with the Services provision. See the Data Processing Agreement (Annex II to the Terms of Service) governing the processing of Customer Data by us in the course of providing the Services for more information about how we handle Customer Data and how our Customers can control their Customer Data through the Services.