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 PRIVACY POLICY

Effective Date: July 2015
This Privacy Statement is part of the Terms of Use (the “Agreement”) governing the use of the Lomics Service, which includes the software (the “Software”) which may operate on any type of computing device (“Devices”), the www.lomics.com website (the “Website”), and other web sites, online services, or content (e.g., widgets, feeds, and applications), and mobile applications owned or operated by Lomics LLC., a Delaware limited liability company (“Lomics” “we” or “us”) (collectively, the “Lomics Service”)
The privacy of our our customers (collectively or individually, “Users”) is very important to us.  Please read this Privacy Policy before using the Lomics Service or submitting any personal information. By using the Lomics Service, you are accepting the practices described in this Privacy Policy.

These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the Privacy Policy whenever you use the Lomics Service to make sure that you understand how any personal information you provide will be used.

If you have any questions about our Privacy Policy, please contact us at privacy@Lomics.com.

YOUR USE OF THE LOMICS SERVICE

In order to use the mobile features of the Lomics Service, you must consent to the use of your device's location to provide the Lomics Service, and the display of that location information to other Users and within your geo-tagged content.

WHAT KIND OF INFORMATION WE COLLECT

We collect the following types of information below through your use of the Lomics Service.

Personal Information. “Personal Information” is information that identifies you or another person. Personal Information may be transmitted or received when you use the Lomics Service.  Personal Information includes your geographic location information; the names, physical addresses, email addresses, telephone, fax and other device numbers pertaining to you or another person; calendar entries stored within your device; contact entries stored within your device; and information, messages, images, photos, files and other content (including any location information and other metadata pertaining to such items) that you transmit or receive using the Lomics Service which identifies you or another person. Personal Information also includes information about you or others that may be accessed by our system directly from your device, including from your address book, photos or contacts folder, in order to enable certain features of the Lomics Service, such as the feature that finds and suggests mutual friends and other individuals who you may know. Unless you have elected to opt-out of providing your geographic location information, such information may be accessed by the Lomics Service, whether or not in active use, from the servers of third party app providers or markets through which you obtain applications for your device.
We collect Personal Information if you provide it directly to us via email or through the Lomics Service. We may also collect Personal Information when you send us messages, comments, questions or suggestions or if you participate in blogs, forums, message boards, chat rooms, profile pages and other services within which you are able to post information, if any, through the Lomics Service. We may also collect Personal Information through certain features of the Lomics Service (and in some instances will allow you to opt-out of such collection or retention of certain Personal Information).

Non-Personal Information. “Non-Personal Information” is information that does not identify you or any other individual, and includes Session and Usage Data, Log Data and Aggregate Information, each as described below.

Session and Usage Data. “Session and Usage Data” is information about your use of the Lomics Service and includes, without limitation, connection and service-related data submitted to us through your use of the Lomics Service. Session and Usage Data includes information relating to the connection request, server communication and data sharing, including network measurements, quality of service, and date, time and location of the transmission. We also may aggregate Session and Usage data as described in Aggregate Information below. Please note that Session and Usage Data does not include any Personal Information nor does it include Content you may transmit or share through the use of the Lomics Service (such as photos, contacts, calendar appointments, etc.).

Log Data. When you interact with us or use the Lomics Service, our systems may automatically collect Your unique Device number, the IP address, type of browser or operating system you use, and the dates and times of your use (“Log Data”).

Aggregate Information. “Aggregate Information” is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the Applications, the Services and the Site may be collected and combined with information about how others use the Applications, the Services and the Site, but no personally identifiable information will be included in the resulting Aggregate Information. Aggregate Information helps us understand trends in our Users' needs so that we can better consider new features or otherwise tailor the the Lomics Service.

Transactional InformationCertain premium features may be available for a fee. In processing payment for such additional services we will collect certain information necessary to complete your purchase (“Transactional Information”). This information may include your name, billing address, email address, phone number, and credit card information, such as type of credit card, name on card, card number, validation number, and expiration date. We may retain Transactional Information as long as is necessary to fulfill the purposes specified in this Privacy Policy and for recordkeeping, subject to statutory or regulatory retention requirements and legitimate business needs. We may collect information related to your transactions performed using the Lomics Service (the “Transaction Data”). We may use your Transaction Data to improve your experience with the Lomics Service, including to deliver advertisements to your mobile communications device from third parties or merchants (with whom we have contracted)

HOW WE USE YOUR INFORMATION

Personal Information. We may use your Personal Information:

  1. to respond to your inquiries, fulfill your requests, provide services, or complete transactions you have requested.
  2. to send you information regarding the Lomics Service, changes to our terms, conditions, and Policies and/or other administrative information.
  3. to resolve problems with the Lomics Service.
  4. to create an individual profile and provide personalized services, and to create and inform you of new products and services from us that better meet your needs.
  5. to suggest that you use or take advantage of certain features within the Lomics Service.
  6. to better determine your location.
  7. as we believe to be necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

Non-Personal Information. We may use Non-Personal Information for any purpose, including for our own internal purposes; to measure traffic patterns; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify the the Lomics Service; and for promotion and marketing purposes. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with Your unique Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined with any Personal Information.

We may display targeted advertisements based on Personal Information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet certain targeting criteria, such as females between 18-24 years of age from a particular geographic area. We do not provide any Personal Information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.

HOW YOUR INFORMATION MAY BE DISCLOSED

Personal Information. In general, we use Session and Usage Data internally to serve our Users and enable them to take maximum advantage of the Lomics Service. We also store Personal Information to improve the functionality of the Lomics Service. All information collected is stored in our database and may be archived elsewhere. We may disclose your Personal Information:

  1. to our third party service providers who provide services such as Web site hosting, maintenance, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, but only to the extent necessary or useful to provide such services, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your Personal Information.
  2. to identify you to anyone to whom you send messages through the Lomics Service.
  3. to identify you to other users of the Lomics Service to suggest you or they take advantage of certain features within the Lomics Service.
  4. provided by you on Forums freely and without limitation. Please note that any Personal Information you post or disclose on Forums will become public information, and may be available to the Users of the Lomics Service. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site.
  5. to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  6. as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process, whether originating in the United States or other territory; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires immediate disclosure of communications or your Personal Information exists.

 

Non-Personal Information. We may disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with Your unique Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined with Personal Information.

THIRD-PARTY SITES

In general, the Lomics Service access third party information through application interfaces. We may provide links to third-party Web sites as a service to our Users. The Site may also carry advertisements from other companies. When you click on links of third parties in the Lomics Service, you may leave the Lomics Service. Some of these third party sites may be co-branded with our name/logo or our affiliated entity's name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of Web sites operated by third parties, whether they are linked to or otherwise accessible from the Lomics Service. The inclusion of a link or accessibility of third party Web sites does not imply endorsement of such third party Web site by us.

USERS WITH WHOM YOU SHARE YOUR INFORMATION

We cannot control the actions of other Users with whom you share your information. We cannot, and do not, control the information you share with other Users using the Lomics Service (including via Forums) or how such other Users will use or share such information. We are not responsible for third party circumvention of our security measures.

CHOICES ABOUT YOUR PERSONAL INFORMATION

Opting Out of Marketing-Related Communications. You may opt out from receiving marketing-related emails, texts, phone messages or other communications from us on a going-forward basis by contacting us at privacy@Lomics.com.

We will try to comply with your opt-out request as soon as reasonably practicable. Please note that if you opt out as described above, this will apply to marketing messages from us only. We will not be able to remove your Personal Information from the database of any other Users you have shared such information or from third parties to whom you have previously authorized us to share such information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

Accessing, Changing or Suppressing Your Personal Information. If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us at privacy@Lomics.com. In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as and to the extent reasonably practicable.

Any information you submit through the Lomics Service may be viewed and used by others, including to send you unsolicited messages or to commit identity theft. Additionally, any information you send to other Users will show up on other User’s devices and these communications are also stored on our servers. Even if you remove this content from your device or account, copies of this information will remain viewable on the devices of third party users with whom you have communicated and will be stored on our servers for a period of time. Therefore you should be aware that information that you send to other Users cannot be removed from their devices unless the other User removes the data.

If you have questions about your Personal Information, please contact us at privacy@Lomics.com.

SECURITY

Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Personal Information or is impenetrable.

RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law. Your Personal Information may or may not be encrypted while stored or archived by us.

OUR POLICY TOWARD CHILDREN UNDER 13 YEARS OF AGE

The Lomics Service is not directed to children under 13 years of age. If you become aware that your child under 13 has provided us with personal information without your consent, please contact us at privacy@Lomics.com. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account. By using the Lomics Service, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to use the Lomics Service and must immediately delete the Software from your Devices. We recommend that minors, who are 13 years old but under 18 years old, ask their parents or legal guardians for permission before sending any information about themselves to us or anyone else through the Lomics Service.

INTERNATIONAL USERS

Your Personal Information may be stored and processed in any country where we have facilities, and by using the Lomics Service you consent to the transfer of your Personal Information to countries, including the United States, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your Personal Information being transferred or used as described in this Policy, please do not use a the Lomics Service immediately delete all Software from Your Devices.

YOUR CONSENT

By using Lomics Service, you agree to the terms of this Privacy Policy as they may be amended as necessary. Any dispute over privacy is subject to this Privacy Policy and Lomics Terms of Use, which include limitations on damages and application of the law of the State of California.

CHANGES TO OUR PRIVACY POLICY

If we change our privacy policy, we will post the revised policy statement here with an updated revision date. If we make significant changes to our statement, we may also notify all members whose personal information we have retained by other means, such as sending an email or posting a notice on our home page.

CONTACTING US

If there are any questions regarding this privacy policy you may contact us at privacy@Lomics.com. In order for us to take the appropriate action please describe in reasonable detail the nature of your request or inquiry.