Privacy Policy / Your Privacy Rights

Last updated: December 2019

Welcome, and thank you for your interest in YDesign Group, LLC ("YDesign", "we," or "us") and our web sites at www.yliving.com, www.ylighting.com, www.ydesigngroup.com, and www.lumens.com (each a "Site," altogether the "Sites"), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us, (collectively, together with the Sites, our "Service"). Protecting your privacy is important to us, and this Privacy Policy (the “Policy”) describes the information that we gather from you on the Service, how we use and disclose that information, and the steps we take to protect that information. All of our Sites and related providers of the Service display a link to this Policy.

By using the Service, you consent to the privacy practices described in this Policy, including the use and collection of personal information as described in this Policy. Please read through this Policy carefully in its entirety and ensure you understand its terms. This Policy is incorporated into, made subject to and is governed by, our Sites’ Terms and Conditions ("Terms").

How We Collect Your Information

When you use the Service, we collect information about you to optimize your experience. This information falls into three general categories: information voluntarily provided by you, information we obtain when you use the Service, and information we collect through third parties.

Information You Voluntarily Provide:

When you interact with us, we collect information that you voluntarily provide to us. For example, you may give us your personally identifiable information (“Personal Information”), which includes, but is not limited to, Identifiers such as your name, email address, mailing address, and telephone number. We may collect the information you voluntarily provide when you communicate with us by phone, email, or other messaging features, interact with us or other users of the Service through any messaging features, including bulletin boards or chat rooms, or send us customer service-related requests.

Information We Get When You Use Our Service:

Personal Information

We may also collect Personal Information when you use the Service, such as when you register for an account, place an order or make an inquiry by phone, post reviews or other materials, visit our store, place an order on the Service or otherwise contact us. The information we collect when you use -our Service includes, but is not limited to, the following:

• Personal Information when you place an order on the Service, or enter an optional survey or contest, such as your name, mailing address, e-mail address and phone number;
• Commercial Information, such as billing address and financial information (credit card number and expiration date) if you choose to purchase products offered for sale on one of the Sites;
• Your Geolocation data, such as your physical location while using the Service.

Usage Information

When you use the Service, we collect information about your activity on the Sites and how you interact with the Service, such as your preferences as to products or purchases, browser type, domain names, number of page views, login frequency, page or section accesses.

System Information

We collect information from and about the devices you use to access the Service, such as your IP address and unique device identifiers.

Information Collected By Cookies And Other Technologies:

Cookies:

When you use the Service, we may send one or more cookies—small text files containing a string of alphanumeric characters—to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

Automatically Collected Information

When you use the Service, we may automatically record certain information from your device by using various types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message.

Information We Get From Third Parties

Third Party Web Beacons and Third Party Buttons

We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as the Pinterest "Pin It" button) that may allow third parties to collect information about you through those third parties' browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and YDesign Group does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party's own data collection, use, and disclosure policies. Please see "More Information about Advertising" below to learn about how we work with third parties for our advertising.

Third Party Service Providers; Google Analytics

We may work with different companies and third party service providers who offer services that can assist us in better understanding how users of our Service interact with and use our Service or otherwise assist us in providing the Service ("Third Party Service Providers"). We may permit such Third Party Service Providers to use certain technologies, including without limitation web beacons and cookies, to collect certain personal information or non-personally identifiable information in connection with the provision of such services to us. For example, we currently use and may continue to use a product called Google Analytics by permitting Google Inc. to use technologies such as web beacons and cookies to collect certain non-personally identifiable information that helps us understand your usage of our Service. We may permit Google and other third party analytics providers to combine information collected through our Service with information collected from third party services, and these analytics providers may use this information to help us better understand our users, and these analytics providers may also use this information to help their other customers better understand their users. Additionally, we currently use and may continue to use a version of Google Analytics called Google Analytics for Display Advertisers, which enables Google to collect, use, and disclose information in connection with certain advertising activities. You may opt-out of Google Analytics for Display Advertising and customize Google Display Network ads at https://www.google.com/settings/ads.

Clear Gifs (Web Beacons/Web Bugs)

We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that helps us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs are tied to Customers' personally identifiable information. We use clear gifs in our HTML-based e-mails to let us know which e-mails the recipients have opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. Also, clear gifs, which may be set by a third party, are used on pages to track sales, which may result from our Internet advertising campaigns and banner advertisements appearing on other web sites. In order to track the effectiveness of our marketing campaigns, aggregate data pertaining to the dollar amount spent, items purchased, and campaign the customer responded to, is sent to third party servers for the purpose of tracking which sales resulted from specific advertising campaigns and to track conversion sales coming from banner advertisements. No individually identifiable data is sent to third party servers, only data that reflects that a sale occurred. If Customers would like to opt-out of these e-mails, they should see the Opt-out section.

Integrated Services

You may be given the option to access, register for, or place an order on the Service through the use of your user name and passwords for certain services provided by third parties (each, an "Integrated Service"), such as through the use of your PayPal account credentials, or otherwise have the option to authorize an Integrated Service to provide personal information or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store the information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service's terms of use and privacy policies carefully before using their services and connecting to our Service.

Information from Other Sources

We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners, advertisers, and Integrated Services. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.

How We Use Your Information

We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following business purposes:

• To better serve you across the Service, we may not segregate information by Site or other place of collection. For example, if we collect information from you through one of our Sites, we may use that information in connection with the operation of one of our other Sites.
• To operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
• To understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
• To communicate with you directly or through Third Party Service Providers for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to, or otherwise inquire about the status of, your reviews or other materials posted on or submitted through the Service;
• To send you communications, including targeted marketing information, special product offers, catalogs, or other information that we believe might interest you relating to products and services offered by us and by third parties we work with, such as product manufacturers or vendors;
• To personalize our services and customize your interaction with the Service , such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide customized advertisements, content, and information; (c) monitor and analyze the effectiveness of Service and third-party marketing activities; (d) monitor aggregate Service usage metrics such as total number of visitors and pages viewed; (e) track your entries, submissions, and status in any promotions or other activities on the Service; and (f) provide you with context sensitive help.

Disclosing Your Information

Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties in the following circumstances:

Your Voluntary Disclosure: Any information that you voluntarily choose to include in a publicly accessible area of the Service, such as in a product review, will be available to anyone who has access to that content, including other users.

Service Providers: We will share your information with independent contractors, service providers and consultants who assist us in our business or in providing Customers with goods or services, provide website or application development, hosting, maintenance, order fulfillment, fraud prevention, and other services for us. Such service providers may include product suppliers in order to fulfill orders, credit card processing and shipping companies. We will only share such personally identifiable information, as we deem necessary for them to carry out these services for us. Third parties are obligated to only use and/or disclose your personally identifiable information for the purpose for which YLighting.com disclosed the information to them, and no other purpose.

Marketing Purposes: From time to time, we may share your information with third parties whose products or services we feel may be of interest to you. Please see the sections on your choices, including those that discuss additional information for California and Nevada users, for more information.

As Required By Law: We may disclose your information if required to do so by law or in the good-faith belief that our disclosure is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

Legal Process: We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (a) take precautions against liability, (b) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (c) investigate and defend ourselves against any third-party claims or allegations, (d) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (e) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

Business Transactions: Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

Aggregated Information: We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties, or Third Party Service Providers may otherwise collect and use such information, for various purposes, including without limitation (a) compliance with various reporting obligations; (b) for business or marketing purposes; (c) to assist those parties in understanding our users' interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service; (d) for statistical and other analytical uses; (e) for product and service research, development, provisioning, maintenance, and improvement; or (f) for online advertising.

Our investors receive reports on number of Customers, items purchased, page views, logins, etc. They do not receive any personally identifiable information.

Your Choices In Communicating With Us

You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account on the Service. If you wish to access or amend any other personal information we hold about you, or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us at privacy@lumens.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at privacy@lumens.com or by writing to us at the address given at the end of this Policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

More Information About Our Third Party Advertising Practices

We may work with third party companies to help us tailor advertising on our Service and to place ads on other unaffiliated sites and services. In connection with this advertising, these third party companies may use information about your use of the Service, such as information about the pages and products that you have viewed. These third party companies may then use this information to show you advertisements on our Service or on non-affiliated sites based on your use of our Service. In some cases, these third party companies may combine the information related to your use of our Service (if any) with information related to your use of non-affiliated sites or services, and then use that combined information to display advertisements that may be relevant to your interests. In the course of providing these services or placing advertisements, these third party companies may use technologies that enable them to identify your device or browser, web beacon technologies, place or recognize one or more unique cookies on your computer, and may record information to these cookies based upon your activities on our Service and on third-party websites and services. Each of these companies uses the information they collect according to their own privacy and security policies. To learn more about these companies and these practices, and to opt-out from having this information used for the purpose of serving you targeted advertisements, please visit http://www.aboutads.info/choices/. Please note that opting-out from these companies' use of information to target advertisements does not opt you out from being served advertising. You may continue to receive generic ads.

You can learn more information about some of the parties we work with by following the below links:

AdRoll

Google

Third-Party Services

The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of those services and is subject to those operators' policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties'; privacy and security policies before providing them with information.

Children's Privacy

Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 16, and we do not knowingly collect personal information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 16 years of age, we will take the appropriate steps to delete this information.

Data Security

We use reasonable physical, administrative, and technical safeguards that are designed to protect the integrity and security of your personally identifiable information under our control. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable and, therefore, we cannot guarantee that your information will remain secure.

Privacy Settings

Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. When registering an account, it is your responsibility to choose an account password that is difficult for others to guess, preferably a password you do not use on any other website or account, and never reveal it to anyone else. If you use a shared or public computer, DO NOT choose to have your login ID or password remembered and log out of your account completely every time you leave the computer. Also, please verify that your web browser has a secure connection to the websites before entering any personally identifying information and avoid including personally identifying information in e-mails to us (particularly credit card or banking information).

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations under this Policy, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after those material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

Please note that the Service is hosted in the United States and is intended for visitors located within North America.

Our Contact Information

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at privacy@lumens.com.

YDesign Group, LLC

1850 Mt. Diablo Blvd Ste 510

Walnut Creek, CA 94596

Additional Privacy Information For Nevada Users

Notice to Nevada Residents: Nevada Senate Bill 220 provides consumers (Nevada residents) with specific rights regarding their Personal Information. This section describes your Nevada privacy rights and explains how to exercise those rights.

Right To Opt Out

You have the right to direct us to not sell your Personal Information for direct marketing purposes to third parties at any time (the “Right to Opt-Out”).

To exercise the Right to Opt-Out, you (or your authorized representative) may submit a request to us: privacy@lumens.com or 1-800-743-0959.

Additional Privacy Information For California Users

The California Consumer Privacy Act of 2018 (“CCPA”) provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Please make sure you also consult our general privacy policy above for complete information.

Access to Specific Information and Data Portability Rights:

You have the right to request that YDesign disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
• sales, identifying the Personal Information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that YDesign delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion described above, please submit a verifiable consumer request to us by any of the below methods:

• Fill out the web form at https://www.lumens.com/ccpa-form.html
• Emailing us at privacy@lumens.com
• Contact us at 1-800-743-0959

• Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

• You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
• Making a verifiable consumer request does not require you to create an account with us.
• We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

You have the right to direct us to not sell your Personal Information at any time (the “Right to Opt-Out”). Users who opt-in to Personal Information sales may opt-out of future sales at any time.

To exercise the Right to Opt-Out, you (or your authorized representative) may submit a request to us at: privacy@lumens.comOR https://www.lumens.com/ccpa-form.html.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time by contacting YDesign at the email address or phone number provided in this notice.

You do not need to create an account with us to exercise your Right to Opt-Out. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Non Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

As referenced in this policy, we may from time to time elect to share certain information about you collected by us on the Service with third parties for those third parties’ direct marketing purposes. California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. To make such a request, please email us at privacy@lumens.com.