EFFECTIVE DATE: August 21, 2020
Luther Inc. (“Luther”) is a privacy-first company that is committed to keeping your memories safe and securely stored. Luther offers an online platform for (i) the creation and retention of your memory stack (a structured timeline of memory blocks created via the ingestion of data derived from speech and text) and (ii) the creation of your Prime (a conversational AI) utilized for the recall of your memory stack (collectively, the “Luther Service”) accessible via the website www.luther.ai
By accessing or using the Luther Service and Website, you acknowledge and agree that you have read, understand, and agree to be bound by this Policy. If you do not agree with this Policy, do not access or use the Luther Service or the Website.
I. Privacy Terms for Users of the Luther Service
A. Collection and Use of User Information
This section explains how Luther collects, processes and uses the information we collect from users who access and use the Luther Service (“Users”). We do not require Users to provide us with information. However, certain information, such as account log-in data, is required to provide you with access to the Luther Service, and other information may be collected automatically as you use the Luther Service.
1. Information You Provide to Luther. Luther collects the following information submitted directly through the Luther Service by Users:
· The audio recordings, videos, images, messages, text, attachments, files, conversations, and other content submitted through or uploaded to the Luther Service (collectively, the “User Content”);
· Information you provide as part of your account registration with Luther, which may include your name, organization name, address, telephone number, email address, username and password; optional information that you may choose to provide, such as a photograph or basic demographic data; (collectively, the “Account Information”); and
· Information you provide in other interactions with us, such as requests or questions you submit to us via forms or email; and requests for customer support and technical assistance (collectively, “Other Information”).
2. Payment Information. If you submit payment information in connection with your use of the Luther Service, we utilize a third-party credit card payment processing company to collect payment information, including your credit card number, billing address, and phone number. In such circumstances, the third-party service provider, and not Luther, stores your payment information on our behalf.
3. Service Usage Information. As you use the Luther Service, we collect information about how you use and interact with the Luther Service (“Service Usage Information”). Such information includes:
· Device information – when you access the Service using a mobile device, we collect certain device information, including the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may also collect your MAC address and other unique device identifiers.
· Log files – when you use the Service, our servers automatically record information in server log files. These log files may include information such as your web request, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, data from cookies and similar technologies, and other such information.
· Location information – we collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address).
· Metadata – when you interact with the Luther Service, metadata is generated that provides high-level (non-content) information about the way you utilize the Luther Service. For example, we may log the types of files you ingest into the Luther Service; and what, if any, third party services and integrations you use.
4. Information Collected from Third-Party Integrations. If you choose to use or connect to third-party integrations (e.g., Zoom, Slack) through the Luther Service, such third parties may allow us to have access to and store additional information about your interaction with those services as it relates to your use of the Luther Service. If you initiate these connections, you also understand that we will share information about you that is required to enable your use of the third-party integration through the Luther Service. If you do not wish to have this information shared, do not initiate these connections. By enabling these connections, you authorize us to connect and access the information provided through these connections, and you understand that the privacy policies of these third parties govern such connections.
B. How Does Luther Use User Information?
This section explains how Luther uses information collected from Users.
1. User Content. Luther may view and use User Content collected from and about Users only as necessary:
· To maintain, provide and improve the Luther Service
· To prevent or address technical or security issues and resolve support requests
· To investigate when we have a good faith belief, or have received a complaint alleging, that such User Content is in violation of the Luther Terms of Service
· To comply with a valid legal subpoena, request, or other lawful process
· As otherwise expressly permitted in writing by the User
2. Account Information, Service Usage Information, Information from Third Party Integrations, and Other Information. Luther may use these categories of information collected from and about Users to:
· Maintain, provide and improve the Luther Service
· Respond to your requests for information
· Prevent or address technical or security issues and resolve support requests
· Investigate in good faith alleged violations of the Luther Terms of Service
· Comply with a valid legal subpoena, request, or other lawful process
· Help us better understand user interests and needs and customize the Luther Service for our users
· Engage in analysis, research and reports regarding use of the Luther Service
· Protect the Luther Service and our users
· Communicate with you via email and through the Luther Service about important notices and updates regarding the Luther Service, such as to inform you about changes in the Luther Service, our service offerings, and important services-related notices, such as about security and fraud. Because these communications are an important part of the Luther Service, you may not opt out of them
· In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about Luther. You have the ability to unsubscribe from such promotional communications
C. Sharing of User Information
We may share the information we collect from Users as follows:
· Luther Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, analytics, data storage, security, fraud prevention, and other services.
· Business Transactions. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Luther Service can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as the acquiring party modifies it. If such transfer is subject to additional mandatory restrictions under applicable laws, Luther will comply with such restrictions.
· Consistent with your settings within the Luther Service. Please note that the User Content you submit through the Luther Service may be viewable by other users depending on the specific settings you and other users have selected in the Luther Service.
D. Aggregated/ Anonymized Data
We may aggregate and/or anonymize information collected through the Luther Service so that such information can no longer be linked to you or your device (“Aggregated/Anonymized Information”). We may use Aggregated/Anonymized Information for any purpose, including without limitation for research and analytics, and may also share such data with any third parties, including partners, affiliates, services providers, and others.
E. Data Retention
We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
F. Data Subject Rights
Local legal requirements (such as those in the EU) may afford you additional rights. If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Luther Contact Info” section below at any time. Your local laws (such as those in the EU) may permit you to request that we:
· provide access to and/or a copy of certain information we hold about you
· prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
· update information which is out of date or incorrect
· delete certain information which we are holding about you
· restrict the way that we process and disclose certain of your information
· transfer your information to a third-party provider of services
· revoke your consent for the processing of your information
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
G. Third Party Links and Services
The Luther Service may contain links to third-party websites and functionalities. If you choose to use these third-party services, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. Because these third-party websites and services are not operated by Luther, Luther is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Policy. We urge you to read the privacy and security policies of these third parties.
II. Additional Privacy Terms
We reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, the features of the Luther Service or the Website, or advances in technology. We will make the revised Policy accessible through the Luther Service and Website, so you should review the Policy periodically. If we make a material change to the Policy, we will comply with applicable legal requirements regarding providing you with notice and/or consent.
B. How We Protect Your Information
Luther takes technical and organizational measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure, and thus we cannot ensure or warrant the security of that information.
C. Marketing Practices and Choices
If you receive email from us, we may use certain analytics tools to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns. You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us at the “Luther Contact Info” section below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Policy or as required by applicable law. For example, you may not opt out of certain operational or service-related emails, such as those reflecting our relationship or transactions with you.
Neither the Luther Service nor the Website are targeted at children under the age of 13, and we do not knowingly collect any personal information from children. In the event you have knowledge that a child has provided us with any such information in violation of this Policy, please contact Luther via the “Luther Contact Info” section below.
III. Privacy Information for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
A. Categories of personal information we collect
Throughout this Policy, we discuss in detail the specific pieces of personal information we collect from and about Users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. The categories we collect are:
· identifiers (such as name, address, email address);
· commercial information (such as transaction data);
· financial data (such as credit card information collected by our payment processors on our behalf);
· internet or other network or device activity (such as browsing history or Luther Service usage);
· general geolocation information (e.g., your approximate location based on IP address);
· professional or employment related data (e.g., your business contact information);
· biometric information (e.g., voice or video recordings);
· inference data about you (e.g., the additional Service features we think would be of most interest to you);
· legally protected classifications (such as gender);
· physical characteristics or description (e.g., if you share or upload a video recording, or voluntarily submit a photo when creating your profile on the Luther Service); and
· other information that identifies or can be reasonably associated with you.
B. How we use and share these categories of personal information
We use and share the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy.
Please note that the CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. Luther does not engage in such activity.
C. Your California Privacy Rights
CCPA Rights Disclosure. If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
· Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Policy.
· Provide access to and/or a copy of certain personal information we hold about you.
· Delete certain personal information we have about you.
· Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Luther Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. We may also follow up with you to verify your identity before processing the authorized agent’s request.
· If you would like to exercise any of your rights under California law with respect to your personal information, please submit your request by contacting us at email@example.com
Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.IV. Luther Contact Info
Luther is located at4660 La Jolla Village Drive Suites 100 and 200, San Diego, CA 92122. If you wish to contact Luther or have any questions about or complaints in relation to this Policy, please contact Luther at firstname.lastname@example.org