Lucky Orange LLC Privacy Policy

Last Updated: January 23, 2018

Your privacy is important to Lucky Orange LLC (" Lucky Orange", "we", or "us"). We developed this Privacy Policy to describe how we collect, use, disclose, and otherwise process your Personal Information. If you have any questions or comments regarding this Privacy Policy, please contact us at privacy@luckyorange.com .

1. What is Personal Information?

“Personal Information” is information that, either alone or in combination with other information, identifies you. When we combine other information (i.e., information that does not, on its own, identify you) with your Personal Information, we treat the combined information as Personal Information.

2. Application of this Privacy Policy to Lucky Orange Sites and Services

This Privacy Policy describes how Lucky Orange processes Personal Information that it collects when:

· You use Lucky Orange-operated websites that link to this Privacy Policy, including luckyorange.com (collectively, the “ Site”); and

· We receive Personal Information from various websites deploying Lucky Orange services (collectively, the "Service").

Throughout this Privacy Policy, we describe how our data processing and privacy practices vary between our Site and Service.

3. How We Collect and Use Personal Information

A. Personal Information Collected via the Site

If you are a user of our Service (a “Customer”) or otherwise visit our Site, we collect the following type of information through your use of the Site:

• Contact, Account, and Billing Information: We process Personal Information that you provide through creation and management of your account, such as your name, e-mail address, and phone number. We also process, via a third-party service provider, payment information for billing purposes. We process this Personal Information only as necessary to provide the Service to you under the terms of our Terms of Service or for our legitimate interests in providing a Service that meets your needs and expectations. For example, we use this information to bill you for your use of the Service; respond to your inquiries regarding the Service; facilitate our account recovery services in the event you forget your log-in credentials; and for other purposes related to the reasons for which you provide your Personal Information.

We use your email address to contact you from time to time in furtherance of our legitimate interests in providing you with information regarding the Service, such as invoices, payment receipts, and information regarding critical updates to your subscription. Unless you opt out using the process described in Section 6, below, we will also send you a newsletter with tips and tricks for maximizing your use of the Service, as well as information on new features available with an upgrade to your subscription.

• Blog Comments: If you choose to post a comment on our blog, we require you to provide your name and your email address (we do not publish your email address). By posting a comment, you consent to our publication and storage of the blog comment. You may withdraw your consent by submitting a request to remove the post to privacy@luckyorange.com. Please be aware that whenever you voluntarily disclose Personal Information online, the information you post becomes public and can be collected and used by others and indexed in search engines.

• User ID and Password Information . We process Customers’ user ID and password information to enable them to log into and use the Service. We process this Personal Information only as necessary to provide the Service to you under our Terms of Service. In the event you are able to log into our Site or Service through a social networking site (e.g., Facebook or Twitter), we may receive Personal Information in accordance with the privacy policy of that site, which we may add to information you have already provided us.
• IP Address and Header Information: We automatically collect certain information when you visit our Site, such as IP address and Header Information. “ Header Information” is information such as browser type, operating system, language, screen resolution, referring URL, etc. provided to our web server by your browser. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, and to track user trends.

• Lucky Orange Traffic Data: Like our Customers, we use our Service to generate useful insights about our Site’s visitors’ use of the Site. We use the data collected from our implementation of the Service (described below) to further our legitimate interest in analyzing the effectiveness of our Site, so we can improve our Site’s look, function, and content. We only collect keystroke data when you enter data into form fields that do not require or prompt you to provide sensitive information. You can opt-out of our processing of your Traffic Data by clicking the “Opt out of tracking” button near the top of this page.

B. Personal Information Collected from the Service

We process Personal Information collected from the Service on behalf of our Customers. Our Customers are responsible for determining the purposes and lawful basis for processing your Personal Information. We strongly advise you to review notices on any Customer website to determine what information is collected and processed by that Customer website.

If you are a visitor of one of our Customer’s website, we collect the following categories of your Personal Information through the Service:

• Traffic Data . As part of the Service to our Customers, we collect information relating to traffic on the Customer Websites on which Customers choose to activate the Service, such as the pages visited, the visitor’s mouse movements and clicks, keystroke data, and HTML data on a page visited by a visitor (if such HTML data includes Personal Information) (“ Traffic Data”).

We use Traffic Data to provide Customers with real-time analytics and uptime monitoring. Although we encourage our Customers to process Personal Information responsibly and provide features intended to minimize the impact of our Service on your privacy, we do not have control over how our Customers use Traffic Data.

For example, Customers have the ability to link Traffic Data with available Personal Information (e.g., account information you have provided them). As another example, although we may implement features that enable Customers to create profiles of individual visitors, the Customer—and not Lucky Orange—determines whether to use that profiling information for targeted advertising or other purposes.

Our Customers have the ability to configure the Service to change the amount and type of Traffic Data collected on the Customers’ websites. For example, by default, we disable the collection of keystroke data on our Customers’ websites. Keystroke data is only captured if the Customer changes this default setting to enable keystroke collection, and even then only for each text field that the Customer has explicitly authorized keystroke collection. As another example, we allow Customers to scramble the text within any HTML data processed by our Service. When this feature is enabled, we render any Personal Information within HTML data undecipherable through scrambling.

For more information on the manner in which our Customers have implemented our Service on their websites, we recommend that you review such Customers’ posted privacy policies.

• IP Address and Header Information . Through our Service, our Customers collect and use IP address and Header Information from you when you browse their websites. We process your IP address to help a Customer identify your internet service provider and the general geographic area from which you are accessing the Customer website. We process Header Information on behalf of our Customer to determine which websites originated traffic into Customer Websites, the type of browser you are using, and information about your device and operating system. These details are useful to our Customers to help them identify issues with and improve their websites. To help protect your privacy, we allow our Customers to enable IP address masking, which is a feature that removes the last three digits of your IP address before storing it on our servers.

All of the data we collect through our Service, including Personal Information, relates to a visitor’s use of a single Customer website. We do not track users across Customer websites. However, we aggregate ( i.e., combine your data with the data of others to create a statistical summary that does not identify any individual) Traffic Data to further our legitimate interests in providing statistical benchmarking data and vertical-driven insights to our Customers.

4. How We Use Cookies and Similar Technology

To help operate the Site and the Service, enhance your experience, and collect information about online activity, we place small data files on your device known as “cookies,” or we use similar technologies ( e.g., pixel tags, web beacons, local shared objects). Cookies and similar technologies enable us to personalize the Site, help make our Site load faster (through “load balancing” technology), and enable our Customers to collect useful data with our Service. These technologies may allow us and our Customers to store and manage your preferences and settings; measure and analyze how you use the Products and Services and effectiveness of our communications; offer targeted products, programs, and services; and help us improve our products, services, and security.

Most browsers provide you with the ability to block, delete, or disable these technologies. If you choose to reject cookies or similar technologies, some features of our Site and Service may not be available or some functionality may be limited or unavailable. Please review your browser manufacturer’s help pages for assistance with changing your settings.

5. To Whom We Disclose Personal Information

We will not disclose your Personal Information except as set forth in this Privacy Policy or with your consent. For example, we generally do not sell, lease, or exchange your Personal Information, but if we ever do, we will first obtain your express consent.

This section describes to whom we disclose Personal Information, and for what purposes:

• Our Customers . As part of our Service, we provide each Customer with access to Traffic Data and other data collected through the Service on its behalf. We also provide Customers with aggregated (i.e., a statistical summary of data from all of our Customer websites combined) and anonymous (i.e., no individual visitor can be identified in the data) Traffic Data.
• Our Service Providers . We employ service providers to perform tasks on our behalf and to assist us in providing the Site and Service. Examples of our service providers include Braintree, a payment processor; MailerLite for sending email messages to Customers; and Amazon Web Services and Google Cloud for hosting.
• Our Customers’ Service Providers . As directed by our Customers, we may provide data, including Personal Information, to third-party service providers on our Customers’ behalf. This enables our Customers to integrate our Service with other services they use, such as customer relation management systems. For more information on the manner in which our Customers have implemented our Service on their websites, including integrations with third-party services, we recommend that you review such Customers’ posted privacy policies.
• Social Media Services. Third-party social networks that provide interactive plug-ins or social networking features (for example, to allow you to "Like" a page on our Site) on the Site, may use cookies or other methods (for example, web beacons) to gather information regarding your use of our websites and apps. The use of such information by a third party depends on the privacy policy available on that social network’s website, which we encourage you to carefully review. Such third parties may use these cookies or other tracking methods for their own purposes by relating information about your use of our site with any of your Personal Information that they may have.
• Advertising. We engage advertising services to assist us in advertising our brand and Service. From time to time, those services target advertisements on third-party websites based on cookies or other information indicating previous interaction with our Site.
• Google Analytics. We use Google Analytics, an analytics service, along with our own Service, to help us analyze the traffic on our Site. For more information on Google Analytics’ processing of Personal Information, please see “How Google uses data when you use our partners' sites or apps.”
• Companies Involved in Mergers and Acquisition Transactions . In some cases, Lucky Orange may choose to buy or sell assets. In these types of transactions, user data (including Personal Information) is typically one of the business assets transferred. Moreover, if Lucky Orange, or substantially all of its assets, were acquired, user data would be one of the assets that is reviewed and transferred or acquired by a third party.
• Law Enforcement, Government Agencies, and Courts : We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our legal or other rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of a Customer or any other person. We may also disclose Personal Information to investigate or prevent a violation by you of any contractual or other relationship with us or your illegal or harmful activity.

6. How You Can Opt-Out

• Opting Out of the Lucky Orange Service.
  At the top of this page, we provide a link to our data privacy management tool that allows you to opt out of being tracked by the Lucky Orange service.
• Email Opt-Out
  Customers may choose not to receive marketing emails from us and can opt out of such e-mails through their account settings.

7. Personal Information Transferred from the EU or Switzerland

Lucky Orange complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Information from European Union (the “EU ”) member countries and Switzerland. Lucky Orange has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. A violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, to the extent available, please visit https://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, Lucky Orange commits to resolve complaints about your privacy and our collection or use of Personal Information about you. Persons from the EU or Switzerland who have inquiries or complaints regarding this Statement should first contact us via: email at: privacy@luckyorange.com.

Lucky Orange has committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, Lucky Orange is potentially liable.

8. Your Data Subject Rights

A. Your Rights as a Customer of Lucky Orange

As a controller of the Personal Information collected by or through the Site, we take steps to help ensure that our Customers are able to exercise their rights regarding their Personal Information in accordance with applicable law.

We provide Customers with access to—and the ability to edit or delete—certain categories of Personal Information through the Account Management page. Our opt-out features, described in Section 6, also enable you to exercise your right to object to certain processing activities.

If you would like to access, amend, erase, export (i.e., data portability), or object to or restrict the processing of Personal Information collected via the Site, you may submit a request to privacy@luckyorange.com. We will promptly review all such requests in accordance with applicable laws.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning your Personal Information. We encourage you to first reach out to us at privacy@luckyorange.com, so we have an opportunity to address your concerns directly before you do so.

B. Your Rights as a Visitor of a Customer Website

We do not have control over the processing of Personal Information by our Customers. Thus, if you would like to exercise your rights concerning Personal Information processed through our Service—beyond using our opt-out feature to object to our tracking of you—you should reach out to a Customer directly. If you need help contacting one of our Customers, please let us know and we are happy to help connect you if we can.

9. Personal Information from Children

We do not knowingly provide access to the Service to children under the age of sixteen (16). If we learn that we have collected Personal Information from children, and if we do not have a lawful basis to process such Personal Information under applicable law, we will promptly take steps to delete such Personal Information.

10. Retention of Personal Information

We will retain your Personal Information for the period necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Privacy Policy unless a longer retention period is required by law. Where feasible, we dispose of data, including Personal Information, on a regular schedule. For example, we dispose of Traffic Data collected on behalf of our Customers after 30 days, unless the Customer has requested a longer storage period (not to exceed one year).

11. How We Protect the Confidentiality and Integrity of Your Personal Information

We have implemented security measures to protect Personal Information from loss, misuse, and alteration. We use industry-standard practices such as encrypted storage, firewalls, and password protection systems to safeguard the confidentiality of Personal Information. We take steps to help ensure our employees and contractors are aware of their information security obligations, and we restrict employee and contractor access to Personal Information. Despite these efforts to store Personal Information in a secure operating environment that is not available to the public, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as so-called hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.

12. Links to Third Party Websites

Our Site may contain links to third party websites. Please be aware that we are not responsible for the privacy practices of third party websites you choose to visit. If you provide any information directly to parties other than us, different rules may apply to the use or disclosure of that information. We encourage you to investigate and ask questions before disclosing your Personal Information to third parties.

13. Changes to this Privacy Policy

We may revise and update this Privacy Policy from time to time and will post the updated Privacy Policy to the Site. If these changes are material (i.e., changes we believe you will find important), we will provide notice to you by email or by posting notice of the changes on our Site. Where required by applicable law, we will obtain your consent. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE SITE.

14. Contacting Us

If there are any questions regarding this Privacy Policy you may contact us using the information below:

http://help.luckyorange.com
privacy@luckyorange.com
8680 w. 96^th Street, Suite 200
Overland Park, KS 66212
USA