Last updated March 21, 2024

Thank you for doing business with Luminess Direct LLC ("Luminess," or "Company"). We welcome you and hope you find our websites, applications, products, and our other subscription services and tools (collectively, the “Services”) helpful and useful. We have adopted this Privacy Policy (the "Policy") to help our current and potential customers, clients, their employees, our employees, and other business partners understand what information we collect, store, share, and use, how and why we do so, and what your rights are in regard to that information.

We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information. We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.

The purpose of this Policy is to inform users about our collection, use, distribution, and protection of information collected from users (“Users”) of the www.luminessair.com, and, www.luminesscosmetics.com, websites (the “Sites”). The Sites are owned and operated by Luminess Direct LLC or its affiliates. Please read this Privacy Policy carefully before using the Sites. This Policy applies to information we collect about you through the Sites and when you otherwise communicate with Luminess. This Policy supplements and forms a part of the Terms of Use and Conditions of Purchase.

BY ACCESSING THE SITES, PURCHASING OUR PRODUCTS, AND COMMUNICATING OR OTHERWISE INTERACTING WITH US, YOU ARE ACCEPTING AND CONSENTING TO THE INFORMATION PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THIS SITE OR ITS CONTENTS.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at privacy@luminessair.com or mailing us at: Luminess Direct LLC 12822 Capricorn Street, Stafford, Texas 77477.

In this Policy, "Personal Information" means information that personally identifies or can be associated with you, such as your name, email address, shipping and billing address, phone number or credit card number, and "Non-Personal Information" means information that relates to you but does not directly identify you. "Information" is collectively used herein to refer to both Personal Information and Non-Personal Information. This Privacy Policy does not apply to any third parties or any websites that might be linked to our Sites or products.

TRACKING USER BEHAVIOR

Luminess may keep track of the websites and pages our users visit on the Sites, in order to determine what Luminess services are the most popular. This data is used to deliver customized content and advertising within our Sites to customers whose behavior indicates that they are interested in a particular subject area.

INFORMATION WE COLLECT AND HOW WE USE IT

Listed below are the categories of Information we collect when you choose to use the Sites, and in the onboarding or check-out process when you create your Luminess account or make a purchase of a Luminess product. We never sell your Information, and we always have a lawful basis for gathering the Information, but that lawful basis might be different for various categories, and we describe those uses below. Regardless, we never use the Information for any purpose other than the purpose for which we gathered the Information in the first place, unless we get your prior consent.

Personal Data. Personal Data includes your name, address (both billing and shipping addresses), email address, credit card information, phone number and any other information attributable to an identifiable natural person or household, including the information described in California Civil Code Section 1798.140(o). Each piece individually is a piece of Personal Information, and we collect varying amounts of Personal Information based on how you engage with us. We collect Personal Information when you order a product from us, register to receive communications from us, create an online account on one of the websites, download or access our mobile applications, request or subscribe to catalogues, product information, promotions or other communications from us, contact or communicate with us, participate in surveys, enter contests or promotions, submit a product review, testimonial, comment, suggestion, or other content to us, access or use our pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Pinterest, or otherwise interact with us online (including through a website or the mobile applications) or by phone, mail, fax, or in person. We may gather your birthday as well as your contact information, including physical, shipping and e-mail address, your country of residence and preferred language. We do not collect payment card information from you; when you purchase a product or otherwise make a payment through this site, your card information is received directly by our card processing service provider and not to or through our systems. We do collect information relating to your purchase, including the amount of your purchase, the products that are purchased, your shipping address and a transaction reference number, Based on how you interact with us and the information you share, we use the Personal Information we collect to process and communicate with you about your order, establish a customer relationship with you, ship the products you ordered, process payments, enhance your shopping experience, communicate with you about our products and events that may be of interest to you, and for other marketing and research purposes.

Information Collected Automatically. The Sites use various tracking technologies that may include cookies, log file information, web beacons, location data, online analytics, and third-party ad serving companies (collectively, "Tracking Tools") to automatically collect Information from you. We, along with our third-party service providers, use Tracking Tools for a variety of purposes, including enhancing your online experience and our product offerings. We treat Information automatically collected as Non-Personal Information. Please see below for more information regarding the Tracking Tools that we may use.

Cookies: We and our third-party service providers use cookies, which are small files that are stored on your computer or mobile device and allow websites to remember information about you. For marketing purposes and to help personalize and improve our online Services we use cookies to monitor how the Services offered on the Sites are used.

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

Log File Information: Log file information may be automatically reported by your browser or mobile device each time you access a Site. This Information may include your IP address, device and software characteristics (such as type and operating system), browser type, Internet service provider, URLs, referring/exit pages, click data, domain names, landing pages, pages viewed, and other such information.

Web Beacons: When you use a Site, we and our third-party service providers may employ web beacons (also known as clear gifs or action tags) that are used to anonymously track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Services.

Location Data: When you access the website via a mobile device, we and our third-party service providers may access, collect, monitor, and/or remotely store information regarding your mobile device, as well as real-time "location data," which may include GPS coordinates. Your device should require you to provide permission before our Site obtains precise geolocation information from a browser's geolocation API or from technologies like GPS, Wi-Fi, and/or cell towers. We and our service providers may use this approximate location and/or precise geolocation information, along with other information submitted by you, to provide you with location-based services like local store information, search results, exclusive offers, and other personalized content.

Most browsers and mobile devices allow users to enable or disable precise geolocation using pop-ups or controls located in the settings menu. If you have questions about how to disable your device's precise geolocation services, please contact your browser developer, mobile service carrier, or device manufacturer. You may also stop collection of precise geolocation information by our mobile application by uninstalling the mobile application using the standard uninstall process available as part of your mobile device.

If you uninstall any of our mobile applications from your device, the unique Luminess identifier associated with your device may continue to be stored. If you re-install any of our mobile applications on the same device, Luminess may be able to re-associate this identifier to your previous transactions.

Online Analytics: We use third-party analytics tools to help us measure traffic and usage trends. These tools collect Information sent by your browser or mobile device, including the pages you visit and other Information, which assists us in improving our Services and offerings.

Third-Party Ad Serving Companies: We may use third-party advertising companies to serve ads after you visit our website. Such advertising companies also may separately use Tracking Tools, including cookies, in the course of delivering targeted advertisements to our Services.

Information We Collect When You Download and Use the Mobile Applications

When you download or access Luminess mobile applications, we may collect certain information about your device and in some cases location information (if your device settings allow us to collect location information – see above under caption “Location Data“).

Information We Receive From Third Parties. We may receive Information about you from third parties. For example, if you access our website through a third-party connection or log-in (e.g., through Facebook), such third-party may pass certain Information about your use of its service to us. We may also receive Information about you from third parties such as our business partners and service providers. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.

You or the third party may delete the third party’s information from your account by contacting us at privacy@luminessair.com to request that we remove their information from our database. Note: Although you can remove the information from your account for future transactions, the third-party information may be retained with the original transaction for auditing and legal purposes. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties.

Send to a Friend. We may give you the opportunity to tell your friends about product information and promotions. If you take advantage of our Send to a Friend option, we ask you for your friend's and your first names, last names and email addresses to send the information to them that you requested.

WHY WE COLLECT YOUR INFORMATION

Luminess uses your Information, including Personal Information, for a variety of business and commercial purposes, including:

• providing our products to you;
• responding to your requests, comments, or postings;
• processing orders and payments;
• processing returns, refunds, and exchanges;
• processing and managing your accounts with us;
• communicating with you;
• improving and customizing our products, website, promotions, communications, and advertisements;
• customer service and technical support, which may include resolving issues or troubleshooting problems;
• for internal operations such as enhancing our product offerings, marketing efforts, and to conduct research and analysis;
• developing new products and promotions;
• for marketing purposes;
• to prevent fraud or potentially illegal activities;
• to enforce our Terms of Use
• to comply with applicable laws, regulations, and legal process; and/or
• to protect the security and integrity of our business, brands, the Sites, and third-party business partners and service providers.

 

We may combine all the Information we collect or receive about you for any of the foregoing purposes.

SHARING INFORMATION WITH THIRD PARTIES

Luminess does not sell, rent or lease its customer lists to third parties.

Luminess may, from time to time, use external business partners to provide information to you about a particular offering that may be of interest to you. In those cases, your unique Personal Information (e-mail, name, address, telephone number) is transferred to the third party. Luminess may share Information with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your Information except to provide these services to Luminess, and they are required to maintain the confidentiality of your information.

The Company in its sole discretion may disclose Personal Information in certain circumstances: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may cause injury to or interference with (either intentionally or unintentionally) the legal rights of the Company or the Website, or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it, including compliance with legal process served on the Company; and (3) in situations involving threats to the physical safety of any person or entity.

SECURITY OF INFORMATION

Luminess uses reasonable efforts to maintain a secure operating environment to protect your information from unauthorized or accidental access. Information is collected over a secure SSL communication channel with encryption. While we are committed to protecting your privacy, no security measures are perfect or impenetrable; no transaction over the internet can be completely secure, and we cannot guarantee that your Personal Information will never be accessed, used, or disclosed in a manner that is inconsistent with this Policy.

Our website or communications may offer links to and from other third-party sites. We are not responsible for the content or information on those websites. In addition, other websites have their own privacy policies that govern your privacy rights on those websites.

You are responsible for maintaining the confidentiality of your user password and account login information. We encourage you to set a secure password that is difficult for others to guess and change your password on a regular basis to help ensure your account remains secure.

In the event any Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where required by applicable law to notify those individuals whose information may have been compromised and take any other action required by applicable laws and regulations.

INTERNATIONAL VISITORS

If you are visiting the Sites from the European Union (EU), The United Kingdom (UK), Australia, Canada, or other countries with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in the country in which you reside or other parts of the world. Your personal data may be transferred for processing and storage by Luminess and our affiliates and third parties. By providing your personal data you consent to any transfer and processing in accordance with this Privacy Policy. Our Services and the terms of this Policy may or may not comply with laws of jurisdictions other than the United States. If you do not agree with this, please do not use our Services or the Sites.

We are committed to providing transparency and full compliance with foreign privacy laws such as Canada’s Anti-Spam Legislation and its implementing rules and regulations (“CASL”), The GDPR and UK-GDPR for EU and UK residents respectively, and Australia privacy law. We may occasionally send commercial electronic messages (“CEM”), such as email and/or text messages or social media messages/postings. These may include CEMs sent in connection with your use of the Site’s offerings and/or products, as well as services that we think might be of interest to you. If you have received CEM from us, it is in accordance with applicable law. If you have received a CEM, and you believe that you should not have, please contact us immediately at privacy@luminessair.com and we will take the appropriate action within ten (10) business days.

If you are from Australia, the EU, UK or are otherwise located in the European Economic Area (EEA), we are required to give you information about the transfer of your information outside Australia, the EEA or UK, respectively. If this applies to you, whenever you voluntarily give us your Personal Information, you should understand that your information will be sent by you to the United States and/or jurisdictions that do not provide the same framework for the protection of Personal Information as Australia, the EEA and UK. By sending us your Personal Information, you are expressly consenting to the transfer of information from your location within Australia, the EEA, UK, or elsewhere to our servers in the United States.

We take reasonable steps to make sure that third party recipients, wherever they may be, handle your personal information in a secure manner and in accordance with this Privacy Policy. However, we cannot always ensure that such third-party recipients will comply with this policy or legal rights that you may be entitled to. Where a third-party recipient does not handle your Personal Information in compliance with law, we will not be accountable to you and you will not be able to seek redress, including under Australian, EU, UK, Canadian or any other jurisdiction’s privacy law, or for such non-compliance.

CALIFORNIA RESIDENT PRIVACY RIGHTS

For California residents, the California Consumer Privacy Act (CCPA) of 2018 grants you additional privacy rights. The CCPA defines terms such as "sale," "personal information" and "other valuable consideration" more broadly than you might think. This section uses the definitions provided by the CCPA.

Categories of Personal Information Sold: In the last 12 months, Company may have "sold" the following categories of "Personal Information" as defined by the CCPA. Identifiers/contact information, sold to social media networks, data analytics providers, and advertising networks. And internet/electronic activity, sold to social media networks, data analytics providers, and advertising networks. We do not knowingly sell Personal Information about persons under the age of 16.

Categories of Personal Information Disclosed. In the last 12 months, Company may have "disclosed" the following categories of "Personal Information" for a "business purpose." Identifiers/contact information, disclosed to billing service providers, email service providers, customer service platforms, and fraud protection services. Characteristics of protected classifications under California or federal law, disclosed to customer service platforms, and fraud protection services. Commercial information, disclosed to payment processors, product fulfillment vendors, email providers, site personalization platforms and marketing analytics services. Internet/electronic activity, disclosed to marketing analytics services, email service providers, site search providers and site personalization platforms. Inferences, disclosed to marketing analytics services, email service providers and site personalization platforms.

As a California resident, you have the following rights while doing business with Luminess Direct LLC:

• The right to know what personal information is collected, used, shared or sold, including both the categories and specific pieces of personal information.
• The right to delete personal information held by Luminess and our service providers.
• The right to opt-out of sale of personal information. Consumers are able to direct a business that sells personal information to stop selling that information. Children under the age of 16 must provide opt in consent, with a parent or guardian consenting for children under 13.
• The right to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA.
• To make any request under the CCPA, you must submit a data request to us once a year, free of charge, by emailing us at privacy@luminessair.com. Please provide your name, e-mail address, and telephone number. You must put the statement "Your California Privacy Rights" in the subject field. You must also include any other information we request to reasonably verify your identity. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We reserve the right to take additional steps or require additional information to verify your request.
• We will respond to your request within 10 days after receipt of your request, and we will then take action to verify your identity and fulfill your request, as required by the CCPA.
• You have the right not to receive discriminatory treatment by us for the exercise of any privacy rights conferred by the CCPA, which means that we will not take any action to hurt or punish you for exercising your rights under the CCPA.
• You may designate an authorized agent to make a request under the CCPA on your behalf by writing us at privacy@luminessair.com. Upon receipt of your request, we will provide you with the information you will need to designate that agent.

 

To our valued Luminess customers who live in California: you can access the entire CCPA 2018 act here for more information.

California Do Not Track Notice: At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, like many other websites and online services, our Sites are currently unable to respond to Do Not Track signals. To find out more about "Do Not Track", you may wish to visit http://www.allaboutdnt.com.

NEVADA

If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third-party data broker, please e-mail us at privacy@luminessair.com.

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

Our services are generally not directed to children under 18. We do not knowingly collect Personal Information from anyone under 18 without parental consent. If you become aware that we have collected Personal Information from a child under the age of 18 without parental consent, please let us know so we can take appropriate action.

If you are under 18, please do not provide any personal information. The Sites are intended for adults only. If anyone has submitted information under the age of 18, please notify us so we can delete the information.

INTELLECTUAL PROPERTY

Luminess owns all rights, title and interest in the Sites, the proprietary content and all related intellectual property. This includes but is not limited to logos, trademarks, text, code, graphics, designs and images (the “Content”). It is strictly prohibited to copy, modify, distribute, transmit, display, reproduce, publish, license, or link to any Content on the Site without first obtaining written authorization or consent from Luminess.

WE RESERVE THE RIGHT TO UPDATE AND REVISE THIS PRIVACY POLICY AT ANY TIME

From time to time we review this Privacy Policy to ensure that it complies with applicable law. Consequently, we reserve the right to update and revise this Privacy Policy at any time. You will know if this Privacy Policy has been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time, and you should, therefore, review this Privacy Policy regularly to ensure that you are aware of its terms.

IN THE EVENT WE ENGAGE IN A BUSINESS COMBINATION, WE RESERVE THE RIGHT TO TRANSFER ANY INFORMATION THAT WE COLLECT THROUGH OUR WEBSITE

If we sell all or any part of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, we reserve the right to access, transfer or disclose any and all information that we collect from our website’s visitors, or that we otherwise collect in connection with the website, to the party or parties involved in the transaction as part of that transaction.

CONTACT US

You have a right to access information held about you, which can be exercised in accordance with various legal requirements. Any access request must be in writing, sent to our compliance team, at privacy@luminessair.com. If at any time you would like to change your personal data, or if you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at privacy@luminessair.com. In some instances, we may not be able to correct or delete information shared with third parties. Pursuant to applicable law, we may be entitled to refuse to act on the request.

Alternatively, if you receive materials from us by email you can make use of the "unsubscribe" provision in our communications so that we know that you no longer wish to receive any materials from us.

If you have questions about our Privacy Policy or other questions, please contact us at:

Luminess Direct LLC
www.luminessair.com
12822 Capricorn Street
Stafford, Texas 77477
privacy@luminessair.com