Luminance Red Privacy Policy

LuminanceRed.com is committed to protecting your privacy online. To further this commitment, we have adopted an Online Privacy Policy that guides how we collect, store, and use the information collected about you online.

What information does LuminanceRed.com collect?

Luminance Medical may request and/or collect information from you on a voluntary basis when you: register with us, post comments or when you send questions via e-mail to LuminanceRed.com customer support. The requested information may include personal information such as your name and e-mail address. If you are under the age of 13, you will need your parent or guardian's consent before you can provide any personal information to us for purposes of registration and other online activities.

Sign up to our Free Newsletter

If you wish to sign up to our free newsletter, you will be asked to supply personal information such as your e-mail address. With your permission, LuminanceRed.com uses such information to periodically contact you with product information news, special offers and new games that are released.

E-mail

By allowing you to send e-mail to us, we are not attempting to collect any personal information about you. We will only use personal information (such as name and e-mail address) contained in your e-mail to respond to your specific inquiry or comments in the e-mail. Although we may retain your e-mail for a period of time, we will not use any personal information contained in your e-mail for any purpose other than responding to your specific inquiry or comments.

Whatever the activity may be, we will only collect information to the extent deemed reasonably necessary to fulfill your requests and our legitimate business objectives.

Text marketing (if applicable)

With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

Opt out

If you are receiving e-mails or regular mail and at a later date you choose to opt out and have your name removed from the e-mailing list, you can do so by using the link included with a LuminanceRed.com e-mail.

When We Might Disclose Information

As part of our regular business conduct, we may share information with companies or individuals providing services or acting on our behalf, such as companies providing technological or fulfillment services. In the event that there is a change of corporate ownership, the new owners will of course be provided with our files, including information you have submitted. We will also share information with government officials, including law enforcement officials or court authorities, in order to cooperate with a legitimate investigation.

Unless we tell you first (such as at the time we collect information), or unless it is part of a specific program or feature in which you have elected to participate, we do not share personally information that we have collected (such as name or email address) with other, third-party companies for their own commercial or marketing purposes.

Links and Third Parties

From time to time we may include links to other websites as a service to you. The third party sites are operated by companies that are outside of our control, and your activities at those sites will be governed by the policies and practices of those third parties. We encourage you to review the privacy practices of these third parties before disclosing any personally identifiable information, as we are not responsible for the privacy practices of those sites.

We sometimes work with third parties to add features or advertisements to our Site. These third parties may place cookies on your browser when you visit certain pages of our Site, or collect cookies that they have previously placed, along with the URL of the page you visited. We do not control those third parties or their use of data. In some cases we may provide tools for you to limit data sent to third parties. This privacy policy does not cover those third parties use of data.

To personalize the Site, and to simplify the registration process, we give you the option to link your account with Facebook/Twitter. When you link your account, Facebook/Twitter may share data about you with us, and we may share information about you with Facebook. In addition, Luminance Medical players who are your friends on Facebook/Twitter may be shown your Luminance Medical username if you have both linked your Facebook accounts.

Cookies

LuminanceRed.com may use cookies to improve the use of our websites.

A "cookie" is a small file that websites often store on a user's computer. Storage of cookies on your system provides an easy and convenient method for us to personalize your experience on our websites. For example, cookies allow us to remember your screen name, tell us that you have visited our website before, and may contain information that will make your next visit to our website more enjoyable. However, we do not use cookies to store personal information such as your name. In addition, LuminanceRed.com does not use cookies to retrieve information from your computer that was not originally sent in a cookie. You can always disable cookies or set your browser to alert you when cookies are being sent to your computer.

IP Addresses

LuminanceRed.com may also collect your IP address for safety and security purposes. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

Log Files

Other non-personal information collected by LuminanceRed.com is in the form of logs - files that record website activity, including how many "hits" a particular web page is getting (a.k.a., "click-through data"). For example, log file entries are generated every time a visitor clicks the "Home" icon on our site. These entries enable LuminanceRed.com to assess overall site activity, track interest in advertised sales, track interest in purchase behavior, and troubleshoot technical concerns.

Through the use of log files, we may also collect certain demographic information such as the type of browser you are using (e.g., Chrome, FireFox, Internet Explorer), the type of operating system you are using (e.g., Windows or Mac OS), and the domain name of your Internet service provider (e.g., Comcast, AT&T).

Linking to third party sites

To provide relevant information not found on our websites, LuminanceRed.com may provide links from our websites to third party websites and we encourage our users to read third party sites' privacy policies before submitting personal information. All the downloads and EXE files provided on this site are from a 3rd party and Luminance Medical is not responsible for any files or adware that gets installed by their games and screen savers. They are likely to contain several adware products, so download and install at your own risk. Luminance Medical assumes NO responsibility. LuminanceRed.com is not responsible for the privacy practices of the content of third party sites' and hereby disclaims any representations or warranties expressed on any other site.

Who is collecting my personal information?

Any personal information that you disclose while visiting any of our websites is collected by LuminanceRed.com, and is used in the manner specified above.

Questions and Complaints

If you have any questions, complaints or comments regarding our Privacy Policy Statement, please contact us at info@LuminanceRed.com

By using this site, you signify your assent to the LuminanceRed.com Online Privacy Policy. If you do not agree to this Privacy Policy, please do not use this site. We reserve the right to make changes to this Privacy Policy. Please check back from time to time to ensure that you are aware of these changes. Your continued use of this site will signify your acceptance of these changes.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Luminance RED (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://luminancered.com/pages/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Luminance RED and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services, and events. Messages may include checkout reminders. 
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@LuminanceRed.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not  liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Austin, TX before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Luminance RED’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

 

Additional Information

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