Luffu Privacy Notice
This Privacy Notice applies to the processing of personal information by Luffu, Inc. ("Luffu," "we," "us," or "our") including on our website available at https://www.luffu.com, our mobile application, and our other online or offline offerings that link to, or are otherwise subject to, this Privacy Notice (collectively, the "Services").
Disclosure Regarding the Supplemental Consumer Health Data Privacy Notice. For information on our processing of "consumer health data" that is subject to the Washington My Health My Data Act or Nevada Senate Bill 370, please see Annex A – Supplemental Consumer Health Data Privacy Notice.
- 1. UPDATES TO THIS PRIVACY NOTICE
- 2. PERSONAL INFORMATION WE COLLECT
- 3. HOW WE USE PERSONAL INFORMATION
- 4. HOW WE SHARE PERSONAL INFORMATION
- 5. YOUR PRIVACY CHOICES AND RIGHTS
- 6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
- 7. RETENTION OF PERSONAL INFORMATION
- 8. SUPPLEMENTAL NOTICE FOR EU/UK GDPR
- 9. CHILDREN'S PERSONAL INFORMATION
- 10. CONTACT US
- ANNEX A – SUPPLEMENTAL CONSUMER HEALTH DATA PRIVACY NOTICE
1. Updates to This Privacy Notice
We may update this Privacy Notice from time to time at our sole discretion. If we do, we'll let you know by posting the updated Privacy Notice on our website, and we may also send other communications.
2. Personal Information We Collect
We collect personal information that you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources, as described below.
A. Personal Information You Provide to Us Directly
We may collect personal information that you provide to us.
- Account Information. We may collect personal information in connection with the creation or administration of your account. This personal information may include, but is not limited to, your name, email address, phone number, health and wellness information you choose to provide, and other information you store with your account.
- Purchases or Transactions. We may collect personal information and details associated with your purchases or transactions on the Services, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
- Your Communications with Us. We, and our service providers, may collect the information you communicate to us, such as through email or our web chat tool.
- Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the surveys.
- Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered "public."
- Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
- Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
- Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
- Job Applications. If you apply for a job with us, we will collect any personal information you provide in connection with your application, such as your contact information and resume or CV.
B. Personal Information Collected Automatically
We may collect personal information automatically when you use the Services.
- Device Information. We may collect personal information about your device, such as your Internet protocol (IP) address, user settings, cookie identifiers, other unique identifiers, browser or device information, Internet service provider, and location information (including, as applicable, an approximate location derived from the IP address and precise geo-location information).
- Usage Information. We may collect personal information about your use of the Services, such as the pages that you visit, items that you search for, the types of content you interact with, information about the links you click, the frequency and duration of your activities, and other information about how you use the Services.
- Cookie Notice (and Other Technologies). We, as well as third parties, may use cookies, pixel tags, and other technologies ("Technologies") to automatically collect personal information through your use of the Services.
- Cookies. Cookies are small text files stored in device browsers.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects personal information about use of or engagement with the Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.
See "Your Privacy Choices and Rights" below to understand your choices regarding these Technologies.
We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google's practices by going to https://policies.google.com/privacy, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
C. Personal Information Collected from Third Parties
We may collect personal information about you from third parties. These third parties may include, but are not limited to, the examples described below
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Third-Party Services. If you access or otherwise interact with the Services using a third-party website, application, service, products, or technology (each a "Third-Party Service"), we may collect personal information about you from that Third-Party Service that you have made available via your privacy settings.
Examples of Third-Party Services may include, but are not limited to, health and wellness apps that you have connected to your Luffu account and healthcare providers that share your personal information with Luffu at your direction.
- Other Users. If your account is configured to allow this, other users of the Services may upload or otherwise provide personal information about you.
3. How We Use Personal Information
We use personal information for a variety of business purposes, including to provide the Services, for administrative purposes, and to provide you with marketing materials, as described below.
A. Provide the Services
We use personal information to provide the Services, such as:
- Analyzing your personal information in connection with your health and wellbeing;
- Providing access to certain areas, functionalities, and features of the Services;
- Communicating with you;
- Answering requests;
- Sharing personal information with third parties as needed to provide the Services; and
- Processing your financial information and other payment methods.
B. Improve the Services and Develop New Products and Services
We use personal information to improve the Services and to develop new products and services, such as:
- Developing, training, and fine-tuning models, algorithms, and artificial intelligence technologies; and
- Improving, upgrading, or enhancing the Services.
C. Operate Our Business
We use personal information to operate our business, such as:
- Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
- Carrying out analytics;
- Creating de-identified and/or aggregated information;
- Processing applications if you apply for a job we post on our Services;
- Allowing you to register for events;
- Enforcing our agreements and policies; and
- Carrying out activities that are required to comply with our legal obligations.
D. Marketing
We may use personal information in connection with our marketing activities including to tailor and provide you with marketing communications, promotions, and offers that may interest you.
E. With Your Consent or Direction
We may use personal information: (i) for other purposes that are clearly disclosed to you at the time you provide the personal information, (ii) with your consent, or (iii) as otherwise directed by you.
F. Automated Decision-Making
We may engage in automated decision-making, including profiling.
4. How We Share Personal Information
We share personal information with third parties for a variety of business purposes, including to provide the Services, to protect us or others, or in connection with a major business transaction such as a merger, sale, or asset transfer, as described below.
A. Disclosures to Provide the Services
We may share any of the personal information we collect with the categories of third parties described below.
- Service Providers. We may share personal information with service providers that assist us with the provision of the Services. This may include, but is not limited to, service providers that provide us with hosting services, customer service, AI or machine learning services, analytics, marketing services, IT support, and related services. In addition, personal information and chat communications may be shared with service providers that help provide our chat features.
- Other Users You Share or Interact With. The Services may allow Luffu users to share personal information or interact with other users of the Services. For example, you may configure your account so that others can receive access to information and/or updates about you (e.g., your family members, friends, and others). Additionally, if you use the Services to monitor another individual, that individual may access personal information about you that is made available through the standard functionality of the Services.
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Third-Party Services You Share or Interact With. The Services may link to or allow you to interface with, interact with, share information with, direct us to share information with, access, and/or use a Third-Party Service.
Any personal information shared with a Third-Party Service will be subject to the Third-Party Service's privacy policy. We are not responsible for the processing of personal information by Third-Party Services.
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Business Partners. We may share your personal information with business partners we work with to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
Once your personal information is shared with our business partner, it will also be subject to our business partner's privacy policy. We are not responsible for the processing of personal information by our business partners.
- Affiliates. We may share your personal information with our corporate affiliates.
- Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies on our Services to collect personal information regarding your activities and your device (e.g., IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this personal information (and similar information collected from other services) to tailor and deliver personalized ads to you when you visit digital properties within their networks. This practice is commonly referred to as "interest-based advertising," "personalized advertising," or "targeted advertising."
B. Disclosures to Protect Us or Others
We may share your personal information and related information with external parties if we, in good faith, believe doing so is required or appropriate to comply with law enforcement requests, national security requests, or other government requests; comply with legal process, such as a court order or subpoena; protect your, our, or others' rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual unauthorized or illegal activity.
C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be shared, sold, or transferred as part of such a transaction.
5. Your Privacy Choices and Rights
Your Privacy Choices. The privacy choices you may have about your personal information are described below.
- Email Communications. If you receive an unwanted email from us, you can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that you will not be able to opt out of certain communications (e.g., communications regarding the Services or updates to this Privacy Notice).
- Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in "Contact Us" below.
- Mobile Devices. We may send you push notifications through our mobile application. You may opt out of receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device. To request deletion of your account, please use the standard deletion functionality available via the Services or contact us using the information set forth in "Contact Us" below.
- "Do Not Track." Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
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Cookies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Services may not work properly.
Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of certain tracking on some mobile applications by following the instructions for Android, iOS, and other mobile operating systems.
The online advertising industry also provides mechanisms that may allow you to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the Network Advertising Initiative, the Digital Advertising Alliance, and the European Digital Advertising Alliance.
Please note you must separately opt out in each browser and on each device.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
- Request Access to or Portability of Your Personal Information;
- Request Correction of Your Personal Information;
- Request Deletion of Your Personal Information;
- Request Restriction of or Object to Our Processing of Your Personal Information; and
- Withdraw Your Consent to Our Processing of Your Personal Information. Please note that your withdrawal will take effect only for future processing and will not affect the lawfulness of processing before the withdrawal.
If you would like to exercise any of these rights, please contact us as set forth in "Contact Us" below.
We will process such requests in accordance with applicable laws.
If your personal information is subject to the applicable data protection laws of the European Economic Area or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority if you believe that our processing of your personal information violates applicable law.
6. International Transfers of Personal Information
All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. These countries may or may not have adequate data protection laws as defined by the data protection authority in your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in these other countries may be entitled to access your personal information.
If we transfer personal information from the European Economic Area, Switzerland, and/or the United Kingdom to a country that does not provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.
For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.
7. Retention of Personal Information
We store the personal information we collect as described in this Privacy Notice for as long as you use the Services, or as long as necessary to fulfill the purpose(s) for which it was collected, or as long as necessary to pursue our business purposes.
To determine the appropriate retention period for personal information, we may consider applicable legal requirements; the amount, nature, and sensitivity of the personal information; certain risk factors; the purposes for which we process your personal information; and whether we can achieve those purposes through other means.
8. Supplemental Notice for EU/UK GDPR
This Supplemental Notice for EU/UK GDPR applies only to our processing of personal information that is subject to the EU or UK General Data Protection Regulation.
In some cases, providing personal information may be a requirement under applicable law, a contractual requirement, or a requirement necessary to enter into a contract. If you choose not to provide personal information in cases where it is required, we will inform you of the consequences at the time of your refusal to provide the personal information.
Luffu's processing of your personal information may be supported by one or more of the following lawful bases:
| Privacy Notice Section | Lawful Basis: Performance of a Contract (i.e., to provide the Services to you) | Lawful Basis: Legitimate Interest | Lawful Basis: Consent | Lawful Basis: For Compliance with Legal Obligations |
|---|---|---|---|---|
| Section 3A: Provide the Services | ✔ | ✔ | ✔ | ✔ |
| Section 3B: Improve the Services and Develop New Products and Services | ✔ | ✔ | ✔ | ✔ |
| Section 3C: Operate Our Business | ✔ | ✔ | ✔ | ✔ |
| Section 3D: Marketing | ✔ | ✔ | ||
| Section 3E: With Your Consent or Direction | ✔ | ✔ | ✔ | |
| Section 3F: Automated Decision-Making | ✔ | ✔ | ✔ | ✔ |
If we process personal information that is considered a "special category of personal data," then our processing of this personal information may be supported by one or more of the following conditions:
- Explicit Consent: You may have provided your explicit consent for our processing of your personal information.
- Necessary to Protect Vital Interests: Our processing of your personal information may be necessary to protect your vital interests if you are physically or legally incapable of giving consent.
- Publicly Available Personal Information: Our processing of your personal information may relate to personal information that has been manifestly made public by you.
- Necessary for the Establishment, Exercise, or Defense of Legal Claims: Our processing of your personal information may be necessary for the establishment, exercise, or defense of legal claims.
- Necessary for Substantial Public Interest: Our processing of your personal information may be necessary for reasons of substantial public interest.
- Necessary for Medical Purposes: Our processing of your personal information may be necessary for the purposes of preventive or occupational medicine, medical diagnosis, the provision of health or social care or treatment, or the management of health or social care systems and services, or it may be necessary pursuant to a contract with a health professional.
- Necessary for Substantial Interest in the Area of Public Health: Our processing of your personal information may be necessary for reasons of public interest in the area of public health.
- Necessary for Archiving, Research, or Statistical Purposes. Our processing of your personal information may be necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes.
9. Children's Personal Information
The Services are not directed to children under 13 (or other age as required by local law outside the United States), and we do not knowingly collect personal information from children.
If you are a parent or guardian and believe that your child has uploaded personal information to the Services in violation of applicable law, you may contact us as described in "Contact Us" below.
10. Contact Us
Luffu is the controller of the personal information we process under this Privacy Notice.
If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at: legal@luffu.com
Data Protection Officer: legal@luffu.com
EU Representative: legal@luffu.com
UK Representative: legal@luffu.com
Annex A – Supplemental Consumer Health Data Privacy Notice
This Supplemental Consumer Health Data Privacy Notice ("Consumer Health Data Privacy Notice") supplements the Luffu Privacy Notice. This Consumer Health Data Privacy Notice only applies to personal information that we process that is "consumer health data" subject to the Washington My Health My Data Act ("MHMDA") or Nevada Senate Bill 370 ("NV SB 370") (as applicable).
Terms used in this Consumer Health Data Privacy Notice that are defined in MHMDA or NV SB 370 will have the meaning set forth in those laws to the extent such laws are applicable.
1. Consumer Health Data We Collect
Under the MHMDA, "consumer health data" is defined as "personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status."
Under NV SB 370, "consumer health data" is defined as "personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer."
Because consumer health data is defined very broadly, many of the categories of personal information that we collect under our Privacy Notice may also be considered consumer health data.
Examples of consumer health data that you may provide to us, or that we may otherwise collect, may include:
- Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person's health. For example, we collect your search queries on the Services, which may include queries or other information concerning nutrition, wellness, fitness, medical conditions, or other health-related topics.
- Information about your health-related conditions, symptoms, status, diagnoses, disease, testing, or treatments.
- Information about social, psychological, behavioral, and medical interventions.
- Information about use or purchase of prescribed medication.
- Information about measurements of bodily functions, vital signs, symptoms, or characteristics.
- Information about diagnoses or diagnostic testing, treatment, or medication.
- Information about surgeries or other health-related procedures.
- Reproductive or sexual health information.
- Information about gender-affirming care.
- Biometric information.
- Genetic data.
- Information related to the precise (geo)location information of a consumer used to indicate an attempt by a consumer to receive health care services or products.
- Other information that may be used to infer or derive data related to the above or other consumer health data.
2. Sources of Consumer Health Data
We collect consumer health data that you provide to us, consumer health data we collect automatically when you use the Services, and consumer health data from third-party sources, as described in our Privacy Notice and below.
3. Why We Collect and Use Consumer Health Data
We collect and use consumer health data for the purposes and in the manner described in the "How We Use Personal Information" section of the Privacy Notice.
Primarily, we collect and use consumer health data as reasonably necessary to provide you with the products or Services you have requested or authorized. This may include delivering and operating the products or Services and their features, personalization of certain product or Services features, ensuring the secure and reliable operation of the products or Services and the systems that support them, troubleshooting and improving the products and Services, and other essential business operations that support the provision of the products and Services (such as analyzing our performance and meeting our legal obligations).
We may also use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law.
4. Sharing of Consumer Health Data
We may share each of the categories of consumer health data described above for the purposes described above and in the "How We Use Personal Information" section of the Privacy Notice. In particular, we may share consumer health data with your consent or as reasonably necessary to complete any transaction or provide any product or Service you have requested or authorized, as described above.
5. Third Parties with Which We Share Consumer Health Data
We may share consumer health data with the categories of third parties listed in the "How We Disclose Personal Information" section of the Privacy Notice.
6. How to Exercise Your Rights
MHMDA and NV SB 370 provide consumers with certain rights with respect to consumer health data.
Under MHMDA, consumers have the right to: (i) confirm whether Luffu is collecting, sharing, or selling consumer health data and to access such data; (ii) withdraw consent from Luffu collection and sharing of consumer health data; and (iii) request that Luffu delete consumer health data.
Under NV SB 370, consumers have the right to: (i) confirm whether Luffu is collecting, sharing or selling consumer health data; (ii) have Luffu provide the consumer with a list of all third parties with whom Luffu has shared consumer health data relating to the consumer or to whom Luffu has sold such consumer health data; (iii) request that Luffu cease collecting, sharing, or selling consumer health data relating to the consumer; and (iv) request that Luffu delete consumer health data.
The rights afforded to consumers under MHMDA and NV SB 370 are subject to certain exceptions.
You can request to exercise such rights by following the instructions found under the "Your Privacy Choices and Rights" section of the Privacy Notice.
If your request to exercise a right under MHMDA or NV SB 370 is denied, you may appeal that decision by contacting us at: legal@luffu.com.
If your appeal is unsuccessful and your consumer health data is subject to MHMDA, you can raise a concern or lodge a complaint with the Washington State Attorney General here.
7. Disclosure Regarding Third Party Collection of Consumer Health Data Under NV SB 370
This section only applies to our processing of consumer health data that is subject to NV SB 370.
We do not allow third parties to collect consumer health data over time and across different Internet websites or online services when the consumer uses any Internet website or online service of Luffu.
Nonetheless, please note that third parties may still be able to collect consumer health data from you over time and across different websites depending on your browser, browser add-ons, and associated permissions you set on your device.
This collection of consumer health data by those third parties is unrelated to Luffu's collection of consumer health data from you, and we encourage you to view those third parties' privacy notices for more information about their processing of consumer health data and the methods they provide to allow you to opt out of such processing.
8. Updates to This Consumer Health Data Privacy Notice
We may update this Consumer Health Data Privacy Notice from time to time in our sole discretion. If we do, we'll let you know by posting the updated Consumer Health Data Privacy Notice on our website, and we may also send other communications.