Legal

Privacy and security are of utmost importance to Luna (Utopian, Inc) (hereinafter known as “Provider”, “us”, “we”, “the App” “the Platform” or “the Site”) and we strive to ensure that our technical and organizational measures in place respect your data protection rights.
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This Privacy Policy describes how we manage, process, and store personal data submitted in the context of providing our services. “Personal data” refers to any information relating to an identifiable individual or his or her personal identity.

Consent

In subscribing to our services or filling in a contact form on our website (getluna.dev), you agree and accept that we may gather, process, store and/or use the personal data submitted in accordance with the rules set forth below.
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By giving your consent to us, you also retain the right to have your personal data rectified, to be forgotten and/or to be erased.

Personal data collected

1. Identity and contact details of the data processor

Personal data is collected on our website by Luna (Utopian, Inc), a company registered under United States law number 6560030 with the US Trade & Companies Register and having its registered office at 47971 Fremont Boulevard, Fremont, CA 94538.

2. Data collected on the site

When you subscribe to our services, the following data is collected and managed: email, first name, lastname, Intra-community, VAT number (when applicable), login, password, mailing address, country, phone number, IP address(es) and domain name. By using our services, the following data is collected and managed: log-on data and browsing data when you authorize it, order history, complaints, incidents, information on subscriptions and messages on our site. Some data is collected automatically by reason of your activity on the site.

When you subscribe to our services, the following data is collected and managed: email, first name, lastname, Intra-community, VAT number (when applicable), login, password, mailing address, country, phone number, IP address(es) and domain name. By using our services, the following data is collected and managed: log-on data and browsing data when you authorize it, order history, complaints, incidents, information on subscriptions and messages on our site. Some data is collected automatically by reason of your activity on the site.

3. Purposes of processing and legal basis

Your personal data is processed to meet one or several of the following purposes. Each purpose is associated with a legal basis, the list of which can be found below.

Based on our legitimate interest of offering you a safe, optimum, efficient and personalized experience, we carry out processing operations for the following purposes:

· To solve any problems and improve the use of our sites and services;
· To personalize, assess, and improve our services, content and materials;
· To analyze the volume and history of your use of our services;
· To inform you about our services as well as our partners’ services and/or promotional offers.
On the performance basis of a contract to which you are a party, we carry out processing operations for the following purposes:
· To provide our services;
· To facilitate performance, including verifications relating to you.
On the bases of your consent or legitimate interest, we carry out processing operations for the following purposes:
· To sign up to our newsletters, use case studies and marketing material.
On the basis of the compliance with our legal and regulatory obligations, we carry out processing for the following purposes:
· To prevent, detect and investigate any activities that are potentially prohibited, unlawful, contrary to good practices and to ensure compliance with our terms of use and sending policy.

We use the personal data submitted to us only in accordance with the applicable data protection legislation.

4. Newsletter and marketing emails

For those of you that have expressly opted in to receive our Luna newsletters, you are easily able to unsubscribe by following the “unsubscribe” links included in every email sent.

5. Email statistics

Without systematically doing so, we may analyze and track the various rates (for example: click, open, bounce rates) and the number of emails sent with Luna which you open to assess performance rates on your emailing campaigns.

6. Third party disclosures

Personal data relating to you collected on our website are destined for Luna’s own use and may be forwarded to Luna’s partner companies so that we may obtain assistance and support in the context of carrying out our services. Luna ensures that it has in place clear data protection requirements for all of its third-party providers.Luna does not sell or rent your personal data to third parties for marketing purposes whatsoever.In addition, Luna does not disclose your personal data to third parties, except if: (1) you (or your account administrator acting on your behalf) requests or authorized disclosure thereof; (2) the disclosure is required to process transactions or supply services which you have requested (i.e. to check you are employing best practices in your mailings or for the purposes of processing an acquisition card with credit-card issuing companies); (3) Luna is compelled to do so by a government authority or a regulatory body, in the case of a court order, a summons to appear in court or any other similar requisition from a government or the judiciary, or to establish or defend a legal application; or, (4) the third party is a subcontractor or sub-processor of Luna in the carrying out of services (for example: Luna uses the services of an Internet provider, a telecommunications company, a host provider, CRM tools, customer support client tools, invoices tools, payment tools, analytics tools).

7. Your data protection rights

In accordance with the United States Data ProtectionLaws and the European General Data Protection Regulation 2016/679 (GDPR) you have several rights related to the collection of your personal data:

· Right to be informed: This is precisely why we have drafted this privacy policy.
· Right of access: You have the right to access all your personal data at any time.
· Right to rectification: You have the right to rectify your inaccurate, incomplete or obsolete personal data at any time.
· Right to restriction of processing: You have the right to restrict the processing of your personal data in certain cases stated in art.18 of the GDPR.
· Right to erasure (‘right to be forgotten’): You have the right to demand that your personal data be deleted and to prohibit any future collection.
· Right to file a complaint to a competent supervisory authority (in United States if you consider that the processing of your personal data constitutes a breach of applicable regulations.
· Right to define instructions related to the retention, deletion and communication of your personal data after your death.
· Right to data portability: You have the right to receive the personal data you have provided us in a standard machine-readable format and to require their transfer to the recipient of your choice.
· Right to object: You have the right to object to the processing of your personal data. Please note however that we may continue to process your personal data despite this opposition for legitimate reasons or for the defence of legal claims.

You can exercise these rights by sending us a support ticket directly on the support chat (either on the website or on the app) or, by sending an email at hi@getluna.dev. Your requests will be processed within 30 days. We may require that your request be accompanied by a photocopy of proof of identity or authority.

You are also able at any time to modify personal data by logging into your account and navigating to “User Settings”.

Google compliance

Luna's use and transfer to any other app of information received from Google Accounts will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Third party data

In the context of using our services, namely reaching out to contacts, Luna has access to the subject and content of the emails that you send out via our services.

This data is stored on secure servers and only a limited number of people are authorized to access your contact lists, in particular for the purpose of providing support services.

In no case does Luna sell, share or rent out information between you and your contacts to third parties, nor does it use them for any purposes other than those set forth in this policy. We will use the information from your contact lists only for legal requirements, to invoice and collect summaries for our own statistics and for the purposes of providing you with customer support services.

As creator of the contact lists and associated email campaigns, you are considered the data controller within the meaning of the GDPR, and Luna is acting only as a data processor. In this capacity, you are responsible in particular for:

• making all the declarations necessary to the relative data protection authority,
• complying with all current regulations in force, including the data protection laws,
• obtaining the explicit consent of the persons concerned when collecting their personal data,
• ensuring your authority to use the personal data collected in accordance with the defined end purposes and refraining from any unauthorized use.

If a recipient of your emails sent via our services requests us to modify or delete his/her personal data, we will honor that request after proper verification and will inform you of it.

Data retention periods

Your personal data is kept for the periods set out below.

• Personal data collected for the execution of the services as well as information about how and when you use the services: The time needed to provide to you our services, and in no event no longer than 3 years after closing your account (unless otherwise required by law).
• Personal data collected in order to send newsletters, requests and direct marketing: 3 years from data collection or last active contact with the prospect.
• Personal data collected for evidentiary purposes: Duration of the statutory limitation period (generally 5 years).
• Personal data collected as part of your data subject’s rights: If we ask you for proof of identity, we only retain it for the time necessary to verify your identity. Once the verification has been carried out, the proof is deleted.

Location of data storage and transfer

The host servers on which Luna processes and stores its databases are located exclusively within the European Union.

Luna will inform you immediately, to the extent we are legally authorized to do so, in case of any application or order originating from an administrative or judicial authority relating to your personal data.

Security

Within the framework of its services, Luna attributes the very highest importance to the security and integrity of its customers’ personal data.Thus and in accordance with the GDPR, Luna undertakes to take all pertinent precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorized circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorized persons.To this end, Luna implements industry standard security measures to protect personal data from unauthorized disclosure. Using industry recommended methods of encoding, Luna takes the measures necessary to protect information connected with payments and credit cards.Moreover, in order to avoid in particular all unauthorized access, to guarantee accuracy and the proper use of the data, Luna has put the appropriate electronic, physical and managerial procedures in place with a view to safeguarding and preserving the data gathered through its services.

Notwithstanding this, there is no absolute safety from piracy or hackers. That is why in the event a breach of security were to affect you, Luna undertakes to inform you thereof without undue delay and to use its best efforts to take all possible measures to neutralize the intrusion and minimize the impacts. Should you suffer any loss by reason of the exploitation by a third party of a security breach, Luna undertakes to provide you with every assistance necessary so you are able to assert your rights. Moreover if, by some exceptional case, the direct loss incurred arose due to fault or gross negligence by Luna (Utopian, Inc), you will be able to seek compensation within the limit of liability referred to in our terms of use.

You should keep in mind that any user, customer or hacker who discovers and takes advantage of a breach in security renders him or herself liable to criminal prosecution and that Luna will take all measures, including filing a complaint and/or bringing court action, to preserve the data and the rights of its users and of itself and to limit the impacts.