Privacy Shield Notice

Effective: June 22, 2019

Lumigo Inc. (“Lumigo”, “We” or “Our”) has certified with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield with respect to the Personal Data that (i) We receive from Our Customers’ end users; and/or (ii) We collect and/or Process on behalf of, or, in the benefit of the Customers through and/or in the context of the Service (defined below) or the contracts executed with Customers. 

Lumigo complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred to the United States. Lumigo has certified to the Department of Commerce that it adheres to all of the 13 Privacy Shield Principles and Our Privacy Shield certification will be available here. 

If there is any conflict between the terms in this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Our certification, please visit https://www.privacyshield.gov/.

1. DEFINITIONS

Customer(s)” means prospective, current, or former customers, or clients of Lumigo.

Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2. SCOPE.

Lumigo’s participation in the Privacy Shield applies to the Personal Data subject to EU and Swiss data protection law that (i) Lumigo receives from Customers’ end users and/or (ii) Lumigo collects and/or Processes on behalf of Customers through and/or in the context of the Service or the contracts executed with Customers.

3. PURPOSES OF DATA PROCESSING.

Lumigo is a software company that offers a serverless intelligence platform which helps software developers understand and troubleshoot their serverless applications (the “Service”). 

Lumigo will Process the Personal Data it receives from its Customers’ end users, for the purposes of providing the Service to Customers, namely, AWS Account number; Log group and log stream names; Memory allocated; Runtime name (e.g. Node8.10); Lambda version; Region; AWS Resource name (e.g. Lambda name, DDB table name); Resource error message; For AWS-triggered invocations: Service type, host-name, messageID, specific meta-data per service, e.g. recordID for SNS calls; For generic HTTP calls: URL string Cold / Warm start Transaction ID; Lumigo internal data (tracer version)for the purpose of providing clients with start to finish tracking of their serverless transaction flow. To fulfill these purposes, We may, without limitation, use the Personal Data to provide the Service, to provide support and maintenance, to correct and address technical or service problems, to comply with applicable laws, regulations and orders from public authorities or courts, and/or for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedures.

4. THIRD PARTIES WITH WHOM WE DISCLOSE PERSONAL DATA.

To the extent necessary, we disclose Personal Data with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order. In addition, we use third party platforms for infrastructure purposes (ie. cloud services, log processing, website analytics, customer communication). 

5. ONWARD TRANSFERS OF PERSONAL DATA.

Subject to Section 6 below, We will not transfer Personal Data originating in the EU and/or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of protection to the Personal Data as required by the Principles of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We may transfer Personal Data to cloud service providers who need the information in order to provide services to or perform activities on Our behalf. In cases of onward transfer to third parties of Personal Data received pursuant to the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, Lumigo is potentially liable. 

6. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA.

Data subjects have the right to access Personal Data about them, and in some cases to limit use and disclosure of their Personal Data. If you would like to request access to the Personal Data we have processed on behalf of one of the Customers, please contact privacyshield@lumigo.io and provide your name, contact information and observe the required formalities under applicable law.

7. REQUIREMENT TO DISCLOSE.

Lumigo may be required in certain circumstances to disclose Personal Data in response to lawful requests by courts or public authorities, including to meet national security or law enforcement requirement.

8. PRIVACY SHIELD INDEPENDENT RECOURSE MECHANISM.

In compliance with the Privacy Shield Principles, Lumigo commits to resolve complaints about Our collection or use of your Personal Data.  EU and Swiss individuals with inquiries or complaints regarding Our Privacy Shield policy should first contact Lumigo at: privacyshield@lumigo.io.

 or by postal mail sent to:

Lumigo Inc.

Attn: Privacy Shield Inquiry

2 Shaw Alley, 4th floor

San Francisco, California

94105

Lumigo has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles to JAMS, a non-profit alternative dispute resolution provider located in the United States to assist with the complaint resolution process. 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. The services of JAMS are provided at no cost to you. 

9. U.S. FEDERAL TRADE COMMISSION ENFORCEMENT.

Lumigo is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) to ensure compliance with the EU-US Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles outlined in this notice.

10. ARBITRATION.

Under certain conditions, more fully described on the Privacy Shield website, you may also be able to invoke binding arbitration when other dispute resolution procedures have been exhausted.