Policies
LUME
TERMS OF SERVICE
Last Modified: 12/16/2021
Welcome to uselume.com, the website and online and/or mobile service of Lume Health, Inc. (“Lume,” “we,” “us,” “our”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), and that you have read and understood our Privacy Policy, whether or not you are a registered user of our Service. Lume reserves the right to modify these terms and will provide notice of these changes as described below.
This Agreement applies to all visitors, users, and others who access the Service (“Users”, “you”, “your”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Our Service
Lume provides tools focused on bringing transparency into nursing job opportunities and personal finance products to help nurses (“Nurses”) make the most of their hard-earned money.
1.1 Eligibility
This is a contract between you and Lume. You must read and agree to these terms before using the Lume Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Lume, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Lume.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Lume reserves all rights not expressly granted herein in the Service and the Lume Content (as defined below). Lume may terminate this license at any time for any reason or no reason.
1.3 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You must never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Lume immediately of any breach of security or unauthorized use of your User Account. Lume will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Lume your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Block Party servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Lume grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.5 Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Lume shall have no liability for your interactions with other Users, or for any User’s action or inaction.
1.7 Service Location
The Service is controlled and operated from facilities in the United States. Lume makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
2. User Content
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as name, email address, date of birth, work experience, education, professional licensure, professional certifications, background check information, and immunization history, as well as comments, questions, and other content or information. Any such content that a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to in this Agreement as “User Content.”
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Lume has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Lume a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Lume’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Some features of the Service may let you choose to make your User Content publicly available to other Users of the Service or to share your User Content with specific Users (for example, if you are a Nurse and choose to post a review of a specific employer). If you choose to make your User Content available in this manner, then you hereby grant each User of the Service a non-exclusive license to access such User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
• You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
• Your User Content and Lume’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
• Lume may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
• To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Lume takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Lume shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
3. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Lume Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Lume and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Lume Content. Use of the Lume Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Lume under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Lume does not waive any rights to use similar or related ideas previously known to Lume, or developed by its employees, or obtained from sources other than you.
4. Banking Products and Services
As part of our Service, Lume works with one or more third-party banks and their financial technology providers (individually, “Bank Partner” and together, “Banking Partners”) to make certain banking products and services available to you (together, the “Banking Services”). The Banking Services may include a deposit account offered by the Banking Partners (the “Deposit Account”). Your use of the Banking Services is governed by separate contracts between you and the applicable Banking Partners. Lume does not have any liability under any contract between you and a Banking Partner or any breach by you or the Banking Partner of any of the terms of any such contract. We operate software that allows you to access Banking Services, but we do not provide any banking or money transmission services. All banking and money transmission services are provided by Banking Partners. Our Service may be provided to you to help you view, manage and access your Banking Services.
To the extent permitted by law, Lume makes no warranties with respect to the Banking Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by your contract with the applicable Banking Partner. You agree that Lume is not responsible for addressing any claims by you or any third party relating to the Banking Services or your possession and/or use of the Banking Services, including, but not limited to: (i) product liability claims; (ii) any claim that a Banking Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection laws, financial regulations or similar laws.
5. Early Wage Access Service
Lume may offer you access to earned but unpaid wages prior to your next pay period through its Service (the “Early Wage Access Service”). To qualify for the Earned Wage Access Service, you must (i) be enrolled in Banking Services and not in default of any agreement related to the Banking Services; (ii) have earned income from your employer that has yet to be paid for the specific pay period; (iii) authorize and instruct your employer to directly deposit your wages into the Deposit Account; and (iv) be in compliance with this Agreement. You must not access the Early Wage Access Service if it is not permissible under the law applicable to you. The amount of earned but unpaid wages that you are allowed to access as part of the Early Wage Access Service will depend on internal risk determination and other factors, such as annual income, tenure of job, hours worked, frequency of request, advance request, unpaid wages and any other factors determined by Lume.
In the event you are approved for an advance by Lume in connection with Early Wage Access, the advanced funds will be deposited into your Deposit Account (the “Early Wage Amount”). On or after your employer pays you your wages as part of your next regularly scheduled paycheck, the Early Wage Amount will be debited from your Deposit Account. You will be responsible for returning the Early Wage Amount on the due date (the date your employer pays you your wages as part of your regularly scheduled paycheck).
If we reasonably believe your use of the Early Wage Access Service is fraudulent, suspicious or criminal, we may take appropriate steps to stop or prevent such activity and to recover the amount of any Early Wage Amount. However, we will not (i) engage in debt collection activities related to an Early Wage Amount that is not repaid, (ii) report non-payment to a consumer reporting agency, or (iii) place the repayment as a debt with or sell it to a third party. We may deny access to our Early Wage Access Service in our sole discretion, subject to applicable law.
We do not charge you interest in connection with your use of the Early Wage Access Service. You may have the option to pay Lume a tip in connection with your use of the Early Wage Access Service, but you are not required to do so in order to use the Early Wage Access Service. If you use an advance pay feature of the Early Wage Access Service and lack adequate funds to repay the advance at the time of repayment, you may be asked to pay an overdraft charge.
Notice to California Users: Lume is not currently licensed by the California Department of Financial Protection and Innovation (“Department”). If the Department does decide in the future to license Lume, and/or require Lume make modifications to any applicable advance pay product agreement, such developments may have no impact on your obligations under this Agreement. Although Lume is not licensed by the Department, any consumer is invited to share any comment and concerns about Lume or its product and practices with the Department of Financial Protection and Innovation at (866) 275-2677 (toll-free) or at the following URL: https://dfbi.ca.gov/file-a-complaint/.
6. No Professional Advice
If the Service provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
7. Text Messaging
You may sign up to receive certain Lume notifications or information via text messaging, such as two-factor authentication codes. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
8. Privacy
We care about the privacy of our Users. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
9. Security
Lume cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. DMCA Notice
Since we respect artist and content owner rights, it is Lume’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Lume’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Lume to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice Lume Health, Inc.
Address: 2261 Market Street #4118 San Francisco, CA 94114 United States
Tel.: 4086368240
Email: hello@uselume.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Lume and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Lume’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Lume has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Lume may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Third-Party Links and Information
The Service may contain links to third-party materials that are not owned or controlled by Lume. Lume does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Lume’s Privacy Policy do not apply to your use of such sites. You expressly relieve Lume from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Lume shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12. Indemnity
You agree to defend, indemnify and hold harmless Lume and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUME OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LUME, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FURTHER, LUME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LUME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUME, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL LUME BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LUME, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LUME HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LUME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
15.1 Governing Law.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
15.2 Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LUME. For any dispute with Lume, you agree to first contact us using the contact information set forth below and attempt to resolve the dispute with us informally. In the unlikely event that Lume has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and Lume agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Lume from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
15.3 Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LUME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
16. Additional Terms for Mobile Applications
16.1 Mobile Applications.
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Lume does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Lume hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Lume User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Lume may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Lume or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Lume reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
16.2 Mobile Applications from Apple App Store.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Lume, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Lume as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Lume as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Lume, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Lume acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
16.3 Mobile Applications from Google Play Store.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Lume only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Lume, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Lume’s Google-Sourced Software.
17. General
17.1 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lume without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17.2 Notification Procedures and Changes to the Agreement.
Lume may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Lume in our sole discretion. Lume reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Lume is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Lume may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
17.3 Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Lume in connection with the Service, shall constitute the entire agreement between you and Lume concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
17.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Lume’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
17.5 Contact.
Please contact us at hello@uselume.com with any questions regarding this Agreement.
LUME
TERMS OF SERVICE
Last Modified: 12/16/2021
Welcome to uselume.com, the website and online and/or mobile service of Lume Health, Inc. (“Lume,” “we,” “us,” “our”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), and that you have read and understood our Privacy Policy, whether or not you are a registered user of our Service. Lume reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”, “you”, “your”).
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Our Service - Lume provides tools focused on bringing transparency into nursing job opportunities and personal finance products to help nurses (“Nurses”) make the most of their hard-earned money.
Eligibility - This is a contract between you and Lume. You must read and agree to these terms before using the Lume Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Lume, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Lume.
Limited License - Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Lume reserves all rights not expressly granted herein in the Service and the Lume Content (as defined below). Lume may terminate this license at any time for any reason or no reason.
User Accounts - Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You must never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Lume immediately of any breach of security or unauthorized use of your User Account. Lume will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Lume your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Service Rules - You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Block Party servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Lume grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Changes to the Service - We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Disputes with Other Users - You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Lume shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Service Location - The Service is controlled and operated from facilities in the United States. Lume makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
User Content - Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as name, email address, date of birth, work experience, education, professional licensure, professional certifications, background check information, and immunization history, as well as comments, questions, and other content or information. Any such content that a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to in this Agreement as “User Content.”
We claim no ownership rights over User Content created by you. The User Content you create remains yours. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Lume has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Lume a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Lume’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Some features of the Service may let you choose to make your User Content publicly available to other Users of the Service or to share your User Content with specific Users (for example, if you are a Nurse and choose to post a review of a specific employer). If you choose to make your User Content available in this manner, then you hereby grant each User of the Service a non-exclusive license to access such User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
- Your User Content and Lume’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Lume may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Lume takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Lume shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Our Proprietary Rights - Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Lume Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Lume and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Lume Content. Use of the Lume Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Lume under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Lume does not waive any rights to use similar or related ideas previously known to Lume, or developed by its employees, or obtained from sources other than you.
Banking Products and Services - As part of our Service, Lume works with one or more third-party banks and their financial technology providers (individually, “Bank Partner” and together, “Banking Partners”) to make certain banking products and services available to you (together, the “Banking Services”). The Banking Services may include a deposit account offered by the Banking Partners (the “Deposit Account”). Your use of the Banking Services is governed by separate contracts between you and the applicable Banking Partners. Lume does not have any liability under any contract between you and a Banking Partner or any breach by you or the Banking Partner of any of the terms of any such contract. We operate software that allows you to access Banking Services, but we do not provide any banking or money transmission services. All banking and money transmission services are provided by Banking Partners. Our Service may be provided to you to help you view, manage and access your Banking Services.
To the extent permitted by law, Lume makes no warranties with respect to the Banking Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by your contract with the applicable Banking Partner. You agree that Lume is not responsible for addressing any claims by you or any third party relating to the Banking Services or your possession and/or use of the Banking Services, including, but not limited to: (i) product liability claims; (ii) any claim that a Banking Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection laws, financial regulations or similar laws.
Early Wage Access Service - Lume may offer you access to earned but unpaid wages prior to your next pay period through its Service (the “Early Wage Access Service”). To qualify for the Earned Wage Access Service, you must (i) be enrolled in Banking Services and not in default of any agreement related to the Banking Services; (ii) have earned income from your employer that has yet to be paid for the specific pay period; (iii) authorize and instruct your employer to directly deposit your wages into the Deposit Account; and (iv) be in compliance with this Agreement. You must not access the Early Wage Access Service if it is not permissible under the law applicable to you. The amount of earned but unpaid wages that you are allowed to access as part of the Early Wage Access Service will depend on internal risk determination and other factors, such as annual income, tenure of job, hours worked, frequency of request, advance request, unpaid wages and any other factors determined by Lume.
In the event you are approved for an advance by Lume in connection with Early Wage Access, the advanced funds will be deposited into your Deposit Account (the “Early Wage Amount”). On or after your employer pays you your wages as part of your next regularly scheduled paycheck, the Early Wage Amount will be debited from your Deposit Account. You will be responsible for returning the Early Wage Amount on the due date (the date your employer pays you your wages as part of your regularly scheduled paycheck).
If we reasonably believe your use of the Early Wage Access Service is fraudulent, suspicious or criminal, we may take appropriate steps to stop or prevent such activity and to recover the amount of any Early Wage Amount. However, we will not (i) engage in debt collection activities related to an Early Wage Amount that is not repaid, (ii) report non-payment to a consumer reporting agency, or (iii) place the repayment as a debt with or sell it to a third party. We may deny access to our Early Wage Access Service in our sole discretion, subject to applicable law.
We do not charge you interest in connection with your use of the Early Wage Access Service. You may have the option to pay Lume a tip in connection with your use of the Early Wage Access Service, but you are not required to do so in order to use the Early Wage Access Service. If you use an advance pay feature of the Early Wage Access Service and lack adequate funds to repay the advance at the time of repayment, you may be asked to pay an overdraft charge.
Notice to California Users: Lume is not currently licensed by the California Department of Financial Protection and Innovation (“Department”). If the Department does decide in the future to license Lume, and/or require Lume make modifications to any applicable advance pay product agreement, such developments may have no impact on your obligations under this Agreement. Although Lume is not licensed by the Department, any consumer is invited to share any comment and concerns about Lume or its product and practices with the Department of Financial Protection and Innovation at (866) 275-2677 (toll-free) or at the following URL: https://dfbi.ca.gov/file-a-complaint/.
No Professional Advice - If the Service provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Text Messaging - You may sign up to receive certain Lume notifications or information via text messaging, such as two-factor authentication codes. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Privacy - We care about the privacy of our Users. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
Security - Lume cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
DMCA Notice - Since we respect artist and content owner rights, it is Lume’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Lume’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Lume to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, Lume Health, Inc.
Address: 2261 Market Street #4118San Francisco, CA 94114United States
Tel.: 4086368240
Email: hello@uselume.com
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Lume and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Lume’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Lume has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Lume may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Links and Information - The Service may contain links to third-party materials that are not owned or controlled by Lume. Lume does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Lume’s Privacy Policy do not apply to your use of such sites. You expressly relieve Lume from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Lume shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Indemnity - You agree to defend, indemnify and hold harmless Lume and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No Warranty - The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Lume or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Lume, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Further, Lume does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Lume will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
Limitation of Liability - To the maximum extent permitted by applicable law, in no event shall Lume, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Lume be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Lume assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Lume, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Lume hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Lume has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Lume. For any dispute with Lume, you agree to first contact us using the contact information set forth below and attempt to resolve the dispute with us informally. In the unlikely event that Lume has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and Lume agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Lume from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and Lume are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Additional Terms for Mobile Applications
Mobile Applications. We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Lume does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Lume hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Lume User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Lume may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Lume or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Lume reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
Mobile Applications from Apple App Store. The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Lume, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Lume as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Lume as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Lume, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Lume acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Mobile Applications from Google Play Store. The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Lume only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Lume, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Lume’s Google-Sourced Software.
General
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lume without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement. Lume may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Lume in our sole discretion. Lume reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Lume is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Lume may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Lume in connection with the Service, shall constitute the entire agreement between you and Lume concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Lume’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact. Please contact us at hello@uselume.com with any questions regarding this Agreement.
LUME
PRIVACY NOTICE
Last Modified: 12/16/2021
Lume Health, Inc. (“Lume,” “we,” “us,” “our”) knows how important your privacy is. This Privacy Notice sets forth how we collect, use, disclose, and otherwise process Personal Information (as defined below) when you access and use our products and services that are made available by Lume through website, http://www.lumehealth.com (the “Site”), our mobile applications (the “App”), and our products and services, including our healthcare job search platform and personal finance products and services (“Services”). It does not address our privacy practices relating to Lume employees and other personnel.
Financial Products or Services: As part of our Service, Lume works with one or more third-party banks and their financial technology providers (individually, “Bank Partner” and together, “Banking Partners”) to make certain banking products and services available to you. When you sign up for an account with Lume, Lume may collect and use your personal information on behalf of our Banking Partners to facilitate the provision of the banking services. This Privacy Notice does not describe the privacy practices of our Banking Partners related to the financial products or services. The banking practices of our Banking Partners are subject to their privacy notices, which we suggest you review closely. To learn more about the privacy practices of our Banking Partners, please see Blue Ridge Bank’s Privacy Policy and Unit’s Privacy Policy.
WHAT IS PERSONAL INFORMATION?
When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
PERSONAL INFORMATION WE COLLECT
We collect Personal Information about different categories of individuals through the provision of our Service, including nurses, employers, partners and prospective partners, and visitors to our website. We also collect Personal Information automatically when an individual interacts with our Service. In some circumstances, we may obtain information from third parties before we have interacted with you directly (such as information that is publicly available online or that one of our business partners provides to us).
Personal Information Collected from Users of the Service
We may collect the following types of Personal Information from all Users of our Service, including visitors to our website and account holders.
− Contact Information, including name, email address, mailing address, company, phone number.
− Inquiry Information, including the content of emails you send to us or comments you post on our blog;
− Survey, Contest, Sweepstakes, or Other Promotion Information, including information provided in any questions submitted through surveys, content of any testimonials, or information submitted through your participation in one of our contests, sweepstakes, or promotions.
− Hospital Reviews and Compensation Information, including your first name and last name initial, hospital name, dates employed, unit, employment type, agency staffed by, and any other information you include in your reviews such as your compensation.
− Preferences, including newsletter preferences and communication preferences.
− Phone Communications, including any information disclosed during our calls. In compliance with applicable laws and with your consent (where required by law), we may monitor and record phone communications.
− Personal Information Automatically Collected: As is true of most digital platforms, we collect certain Personal Information automatically when you visit our website, including:
o Log File Data, including internet protocol (IP) address, operating system, browser type, browser id, date/time of visit, and pages visited.
o Analytics Data, including the electronic path taken to our Service, through our Service and when exiting our Service, as well as usage and activity on our Service, such as the links and objects viewed, clicked or otherwise interacted with (also known as “Clickstream Data”).
o Location Data, including general geographic location based on IP address or more precise location when accessing our online Service through a mobile device.
o Application Data. Some of our services offer mobile or browser applications to allow you to take advantage of our service offerings on the go and/or when visiting third-party websites and other online services. Certain of these applications also allow us to access more precise Location Data about you and collect information about your use and interactions with third-party websites and online services (including the products or services you are interested in or purchase) to better serve you.
For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices individuals may have in relation to its collection, please refer to the “Cookies” section of this Privacy Notice below.
Personal Information Collected from Banking Services Account Holders
If you are a nurse and apply for or open an account for our banking services, we may collect one or more of the following pieces of information:
− Profile Information, such as name, username and password, date of birth, location (including city, state or region), language information, profile image and any other information you choose to provide.
− Contact Information including the nurse’s name, phone number, and email address.
− Professional Information, including work experience details (such as company name, industry and professional title), educational background, professional license information, and professional certifications.
− Account Application Information, including date of birth, social security number, employer, nurse license number, credit and income information.
− Consumer Reports Information, including credit score, credit inquiries, late payments and collection actions occurring on open and closed credit accounts; transaction history, assets, and account balances; and correcting information maintained by the credit bureaus.
− Lume Account Financial Information, including the account number from our Banking Partners, account transaction history, and anything else listed in the on-demand pay agreement, VISA debit card holder agreement, and consumer deposit account agreement.
− External Financial Accounts Information, such as your banking institution information in order to facilitate the integration between your Lume account and your external banking institution (e.g. transfer money between accounts, facilitate direct deposit). Note we use third-party integrations to facilitate this feature, such as Plaid. As such, we do not retain any banking account information such as your login credentials or account information and account historical information. Rather, all such information is provided directly by you to our third-party providers. The third-party provider’s use of your personal information is governed by their privacy notices. For more information on their privacy practices:
o Plaid’s Consumer Privacy Policy.
o Spinwheel’s End User Privacy Policy.
o Argyle’s Privacy Notice.
− Payroll Information, including your salary, your payment history, the total number of hours worked, and any other information you choose to provide to us. Note this information is facilitated through third-party integrations such as Argyle, and is collected from time to time as part of the Lume account maintenance process, including, for example, when you make a cash-advance request or make any changes to your direct deposit account information. For more information in Argyle’s data processing practices please review Argyle’s Privacy Notice.
− Identifiers, including social security number, nurse license number, account number(s), driver's license number (or comparable) or other information that identifies you for ordinary business purposes.
− Access Authorization, such as username, alias, PIN and passcode and security questions and answers.
Personal information Collected from Third Party Sources
We also obtain Personal Information from third parties, and may combine this information with Personal Information we collect either automatically or directly from an individual. Third party sources of Personal Information include:
− Service Providers: We receive Personal Information from service providers that perform services solely on our behalf, such as payment processors and analytics providers.
− Business Partners: Our business partners may collect Personal Information in connection with the Service provided and may share some or all of the information with us.
− Publicly Available Sources: We collect Personal Information about individuals that we do not otherwise have, including contact information, employment-related information, and information regarding services they may be interested in, from publicly available sources. We may combine this information with the information we collect from an individual directly.
− Social Networks: When an individual interacts with our Service through social media networks, such as when someone follows us or shares our content on Twitter, LinkedIn or other social media networks, we may receive some information about the individual that the individual permits the social network to share. The data we receive depends on the individual’s privacy settings with the social network. Before linking or connecting with us on a social media network, you should always review and, if necessary, adjust your privacy settings on that network in accordance with your preferences.
− Your Employer / Company: If you engage in our Service through your employer, or company, we may receive your information from the company such as name and contact information.
− Other Third Parties: From time to time, we may receive information about you from other third parties. For example, we may obtain information from marketing partners or from third parties to enhance or supplement our existing information about an individual. We may also collect information about individuals that is publicly available. We may combine this information with the information we collect directly from individuals.
OUR USE OF PERSONAL INFORMATION
We use Personal Information we collect to:
− Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Service you have requested, and to process transactions;
− Operate, maintain and provide the features and functionality of the Service;
− Help us improve the content and functionality of the Service, to better understand our users and to improve the Service;
− Communicate with individuals, including via email, text message, push notification, social media and/or telephone calls. For example, if you are a nurse, you may join our waitlist for a new product or service, or we may send you information about a position we think you may be interested in. We may also send you marketing communications to tell you more about our Service or about new product offerings. If you wish not to receive marketing communications or otherwise wish to have your name deleted from our mailing lists, please contact us as indicated below;
− Help maintain the safety, security and integrity of our property and Service, technology assets and business;
− Diagnose or fix technology problems;
− Respond to law enforcement requests and as required by applicable law, court order or governmental regulations;
− Defend, protect or enforce our rights or applicable terms of service;
− Detect and prevent fraud;
− Evaluate, negotiate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction;
− Fulfill any other purpose for which you provide personal information; and
− Comply with or as otherwise permitted by law.
We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.
OUR DISCLOSURE OF PERSONAL INFORMATION
We disclose your Personal Information as set forth below:
− Within Lume: Lume entities may disclose Personal Information to other Lume entities for purposes and uses consistent with this Privacy Notice.
− Other Users: We share Personal Information with other Users with your consent or at your direction. For example, if you are a nurse you may choose to share your Personal Information with a specific employer you are interested in working for.
− Your Employer: If you are using the Service in connection with your role as an employee or contractor of a company or other legal entity, we may share your information with such entity.
− Service Providers: Lume, like many businesses, sometimes hires other companies to perform certain business-related functions, subject to contractual terms restricting the collection, use and disclosure of Personal Information for any other commercial purpose. Examples of such functions include mailing information, maintaining databases and processing payments.
− Business Partners: We may share customer Personal Information with our business partners, such as third parties with whom we partner to provide contests, joint promotional activities or co-branded Service.
− Banking Partners, Financial Institutions, and Credit Reporting Agencies: as required by laws regulating cash advance services, or in the provision of our Services.
− Online Advertising Partners: We may also share personal information with advertising networks or permit these partners to collect information from you directly on our websites to facilitate online advertising, such as search engines and social network advertising providers to serve targeted ads to you or to groups of other users who share similar traits, such as likely commercial interests and demographics, on third-party platforms. For more information, including how to opt out of interest-based advertising, please see our Cookie Notice.
− Other Third Parties: We may disclose Personal Information to third parties who use this information to provide information or marketing messages about products or Service of interest, in accordance with their own privacy policies and terms.
− Legal Requirements: Lume may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or with applicable law, court order, or governmental regulation, (ii) protect and defend the rights or property of Lume, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
− Third Parties in the Context of a Corporate Transaction: We may disclose Personal Information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.
− Otherwise with Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their review on our Site, or service-related publications.
Our Service currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Notice whether or not a DNT signal is received.
CONTROL OVER YOUR INFORMATION
Updating Your Information
Once you have registered for an account, you may update or correct your profile information and preferences at any time by accessing your account settings page through the Site.
Deactivating Your Account
We do not delete information about you upon deactivation of your account. Although your deactivated status is reflected promptly in our user databases, we may retain the information you submit for a variety of purposes, including legal compliance, backups and archiving, prevention of fraud and abuse, and analytics. Upon deactivation, you will no longer receive emails from Lume and links to third-party financial accounts and services will automatically terminate. If you have a money transfer transaction pending at the time you deactivate your account, your link to this service from Lume will terminate but your pending transfer will continue to completion and your account with your employer will remain open.
Unsubscribing from Emails
If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to the completion of your registration, correction of user data, change of password, and other similar communications essential to your transactions through the services) by using the unsubscribe process at the bottom of any marketing email from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
Correcting Credit Reports
Information related to your creditworthiness is maintained by the credit bureaus. If you find that there is an error or you want to dispute the information found in your credit report, please contact the credit reporting bureaus.
• Experian: http://www.experian.com/
• Transunion: https://dispute.transunion.com/
• Equifax: https://www.ai.equifax.com/
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
This Privacy Notice applies only to the Service. The Service may contain links to other products and services not operated or controlled by Lume (the “Third Party Sites”), such as background check services. The policies and procedures described here do not apply to the Third Party Sites. The links from the Service do not imply that Lume endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
You may elect to use the Plaid Technologies, Inc. (“Plaid”) features in the Service. Plaid may collect your information from financial institutions, such as your bank. For more information about how Plaid may collect and use your personal information, please visit Plaid’s privacy policy at https://plaid.com/legal.
You may also use the Argyle integration in the Service. Argyle may collect payroll-related information. For more information about how Argyle may collect and use your information, please visit Argyle’s privacy policy at https://argyle.com/legal/privacy-notice.
You may also use the Spinwheel integration in the Service. Spinwheel may collect debt-related information. For more information about how Spinwheel may collect and use your information, please visit Spinwheel’s privacy policy at https://legal.spinwheel.io/end-user-privacy-policy/.
REGION-SPECIFIC DISCLOSURES
We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
− For residents of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, you are welcome to contact us if you would like to submit such a request.
CHILDREN
Our Service are not directed to, and Lume does not intend to or knowingly collect or solicit Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through or use the Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Notice by instructing their children never to provide Personal Information on the Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Lume through the Service, please contact us, and we will endeavor to delete that information from our databases.
CHANGES TO LUME’S PRIVACY NOTICE
The Service and our business may change from time to time. As a result, at times it may be necessary for Lume to make changes to this Privacy Notice. Lume reserves the right to update or modify this Privacy Notice at any time and from time to time without prior notice. If we make material changes to this Privacy Notice, we may provide notice by email, by prominently posting on this Site or our online Service, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. Please review this notice periodically, and especially before you provide any Personal Information. This Privacy Notice was last modified on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Notice shall indicate your agreement with the terms of such revised Privacy Notice.
ACCESS TO INFORMATION; CONTACTING LUME
You can contact us at [insert email] if you have any questions about Lume’s Privacy Notice or the information practices of the Service. Note that in some cases we may need additional information from you to fulfill your request or respond to your inquiry.
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LUME
PRIVACY NOTICE
Last Modified: 12/16/2021
Lume Health, Inc. (“Lume,” “we,” “us,” “our”) knows how important your privacy is. This Privacy Notice sets forth how we collect, use, disclose, and otherwise process Personal Information (as defined below) when you access and use our products and services that are made available by Lume through website, http://www.lumehealth.com (the “Site”), our mobile applications (the “App”), and our products and services, including our healthcare job search platform and personal finance products and services (“Services”). It does not address our privacy practices relating to Lume employees and other personnel.
Financial Products or Services: As part of our Service, Lume works with one or more third-party banks and their financial technology providers (individually, “Bank Partner” and together, “Banking Partners”) to make certain banking products and services available to you. When you sign up for an account with Lume, Lume may collect and use your personal information on behalf of our Banking Partners to facilitate the provision of the banking services. This Privacy Notice does not describe the privacy practices of our Banking Partners related to the financial products or services. The banking practices of our Banking Partners are subject to their privacy notices, which we suggest you review closely. To learn more about the privacy practices of our Banking Partners, please see Blue Ridge Bank’s Privacy Policy and Unit’s Privacy Policy.
WHAT IS PERSONAL INFORMATION?
When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
PERSONAL INFORMATION WE COLLECT
We collect Personal Information about different categories of individuals through the provision of our Service, including nurses, employers, partners and prospective partners, and visitors to our website. We also collect Personal Information automatically when an individual interacts with our Service. In some circumstances, we may obtain information from third parties before we have interacted with you directly (such as information that is publicly available online or that one of our business partners provides to us).
Personal Information Collected from Users of the Service
We may collect the following types of Personal Information from all Users of our Service, including visitors to our website and account holders.
- Contact Information, including name, email address, mailing address, company, phone number.
- Inquiry Information, including the content of emails you send to us or comments you post on our blog;
- Survey, Contest, Sweepstakes, or Other Promotion Information, including information provided in any questions submitted through surveys, content of any testimonials, or information submitted through your participation in one of our contests, sweepstakes, or promotions.
- Hospital Reviews and Compensation Information, including your first name and last name initial, hospital name, dates employed, unit, employment type, agency staffed by, and any other information you include in your reviews such as your compensation.
- Preferences, including newsletter preferences and communication preferences.
- Phone Communications, including any information disclosed during our calls. In compliance with applicable laws and with your consent (where required by law), we may monitor and record phone communications.
- Personal Information Automatically Collected: As is true of most digital platforms, we collect certain Personal Information automatically when you visit our website, including:
Log File Data, including internet protocol (IP) address, operating system, browser type, browser id, date/time of visit, and pages visited.
Analytics Data, including the electronic path taken to our Service, through our Service and when exiting our Service, as well as usage and activity on our Service, such as the links and objects viewed, clicked or otherwise interacted with (also known as “Clickstream Data”).
Location Data, including general geographic location based on IP address or more precise location when accessing our online Service through a mobile device.
Application Data. Some of our services offer mobile or browser applications to allow you to take advantage of our service offerings on the go and/or when visiting third-party websites and other online services. Certain of these applications also allow us to access more precise Location Data about you and collect information about your use and interactions with third-party websites and online services (including the products or services you are interested in or purchase) to better serve you.
For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices individuals may have in relation to its collection, please refer to the “Cookies” section of this Privacy Notice below.
Personal Information Collected from Banking Services Account Holders
If you are a nurse and apply for or open an account for our banking services, we may collect one or more of the following pieces of information:
- Profile Information, such as name, username and password, date of birth, location (including city, state or region), language information, profile image and any other information you choose to provide.
- Contact Information including the nurse’s name, phone number, and email address.
- Professional Information, including work experience details (such as company name, industry and professional title), educational background, professional license information, and professional certifications.
- Account Application Information, including date of birth, social security number, employer, nurse license number, credit and income information.
- Consumer Reports Information, including credit score, credit inquiries, late payments and collection actions occurring on open and closed credit accounts; transaction history, assets, and account balances; and correcting information maintained by the credit bureaus.
- Lume Account Financial Information, including the account number from our Banking Partners, account transaction history, and anything else listed in the on-demand pay agreement, VISA debit card holder agreement, and consumer deposit account agreement.
- External Financial Accounts Information, such as your banking institution information in order to facilitate the integration between your Lume account and your external banking institution (e.g. transfer money between accounts, facilitate direct deposit). Note we use third-party integrations to facilitate this feature, such as Plaid. As such, we do not retain any banking account information such as your login credentials or account information and account historical information. Rather, all such information is provided directly by you to our third-party providers. The third-party provider’s use of your personal information is governed by their privacy notices. For more information on their privacy practices:
(i) Plaid’s Consumer Privacy Policy.
(ii) Spinwheel’s End User Privacy Policy.
(iii)Argyle’s Privacy Notice.
- Payroll Information, including your salary, your payment history, the total number of hours worked, and any other information you choose to provide to us. Note this information is facilitated through third-party integrations such as Argyle, and is collected from time to time as part of the Lume account maintenance process, including, for example, when you make a cash-advance request or make any changes to your direct deposit account information. For more information in Argyle’s data processing practices please review Argyle’s Privacy Notice.
- Identifiers, including social security number, nurse license number, account number(s), driver's license number (or comparable) or other information that identifies you for ordinary business purposes.
- Access Authorization, such as username, alias, PIN and passcode and security questions and answers.
Personal information Collected from Third Party Sources
We also obtain Personal Information from third parties, and may combine this information with Personal Information we collect either automatically or directly from an individual. Third party sources of Personal Information include:
- Service Providers: We receive Personal Information from service providers that perform services solely on our behalf, such as payment processors and analytics providers.
- Business Partners: Our business partners may collect Personal Information in connection with the Service provided and may share some or all of the information with us.
- Publicly Available Sources: We collect Personal Information about individuals that we do not otherwise have, including contact information, employment-related information, and information regarding services they may be interested in, from publicly available sources. We may combine this information with the information we collect from an individual directly.
- Social Networks: When an individual interacts with our Service through social media networks, such as when someone follows us or shares our content on Twitter, LinkedIn or other social media networks, we may receive some information about the individual that the individual permits the social network to share. The data we receive depends on the individual’s privacy settings with the social network. Before linking or connecting with us on a social media network, you should always review and, if necessary, adjust your privacy settings on that network in accordance with your preferences.
- Your Employer / Company: If you engage in our Service through your employer, or company, we may receive your information from the company such as name and contact information.
- Other Third Parties: From time to time, we may receive information about you from other third parties. For example, we may obtain information from marketing partners or from third parties to enhance or supplement our existing information about an individual. We may also collect information about individuals that is publicly available. We may combine this information with the information we collect directly from individuals.
OUR USE OF PERSONAL INFORMATION
We use Personal Information we collect to:
- Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Service you have requested, and to process transactions;
- Operate, maintain and provide the features and functionality of the Service;
- Help us improve the content and functionality of the Service, to better understand our users and to improve the Service;
- Communicate with individuals, including via email, text message, push notification, social media and/or telephone calls. For example, if you are a nurse, you may join our waitlist for a new product or service, or we may send you information about a position we think you may be interested in. We may also send you marketing communications to tell you more about our Service or about new product offerings. If you wish not to receive marketing communications or otherwise wish to have your name deleted from our mailing lists, please contact us as indicated below;
- Help maintain the safety, security and integrity of our property and Service, technology assets and business;
- Diagnose or fix technology problems;
- Respond to law enforcement requests and as required by applicable law, court order or governmental regulations;
- Defend, protect or enforce our rights or applicable terms of service;
- Detect and prevent fraud;
- Evaluate, negotiate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction;
- Fulfill any other purpose for which you provide personal information; and
- Comply with or as otherwise permitted by law.
We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.
OUR DISCLOSURE OF PERSONAL INFORMATION
We disclose your Personal Information as set forth below:
- Within Lume: Lume entities may disclose Personal Information to other Lume entities for purposes and uses consistent with this Privacy Notice.
- Other Users: We share Personal Information with other Users with your consent or at your direction. For example, if you are a nurse you may choose to share your Personal Information with a specific employer you are interested in working for.
- Your Employer: If you are using the Service in connection with your role as an employee or contractor of a company or other legal entity, we may share your information with such entity.
- Service Providers: Lume, like many businesses, sometimes hires other companies to perform certain business-related functions, subject to contractual terms restricting the collection, use and disclosure of Personal Information for any other commercial purpose. Examples of such functions include mailing information, maintaining databases and processing payments.
- Business Partners: We may share customer Personal Information with our business partners, such as third parties with whom we partner to provide contests, joint promotional activities or co-branded Service.
- Banking Partners, Financial Institutions, and Credit Reporting Agencies: as required by laws regulating cash advance services, or in the provision of our Services.
- Online Advertising Partners: We may also share personal information with advertising networks or permit these partners to collect information from you directly on our websites to facilitate online advertising, such as search engines and social network advertising providers to serve targeted ads to you or to groups of other users who share similar traits, such as likely commercial interests and demographics, on third-party platforms. For more information, including how to opt out of interest-based advertising, please see our Cookie Notice.
- Other Third Parties: We may disclose Personal Information to third parties who use this information to provide information or marketing messages about products or Service of interest, in accordance with their own privacy policies and terms.
Legal Requirements: Lume may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or with applicable law, court order, or governmental regulation, (ii) protect and defend the rights or property of Lume, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Third Parties in the Context of a Corporate Transaction: We may disclose Personal Information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.
Otherwise with Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their review on our Site, or service-related publications.
Our Service currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Notice whether or not a DNT signal is received.
CONTROL OVER YOUR INFORMATION
Updating Your Information
Once you have registered for an account, you may update or correct your profile information and preferences at any time by accessing your account settings page through the Site.
Deactivating Your Account
We do not delete information about you upon deactivation of your account. Although your deactivated status is reflected promptly in our user databases, we may retain the information you submit for a variety of purposes, including legal compliance, backups and archiving, prevention of fraud and abuse, and analytics. Upon deactivation, you will no longer receive emails from Lume and links to third-party financial accounts and services will automatically terminate. If you have a money transfer transaction pending at the time you deactivate your account, your link to this service from Lume will terminate but your pending transfer will continue to completion and your account with your employer will remain open.
Unsubscribing from Emails
If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to the completion of your registration, correction of user data, change of password, and other similar communications essential to your transactions through the services) by using the unsubscribe process at the bottom of any marketing email from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
Correcting Credit Reports
Information related to your creditworthiness is maintained by the credit bureaus. If you find that there is an error or you want to dispute the information found in your credit report, please contact the credit reporting bureaus.
Experian: http://www.experian.com/Transunion: https://dispute.transunion.com/ Equifax: https://www.ai.equifax.com/
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
This Privacy Notice applies only to the Service. The Service may contain links to other products and services not operated or controlled by Lume (the “Third Party Sites”), such as background check services. The policies and procedures described here do not apply to the Third Party Sites. The links from the Service do not imply that Lume endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
You may elect to use the Plaid Technologies, Inc. (“Plaid”) features in the Service. Plaid may collect your information from financial institutions, such as your bank. For more information about how Plaid may collect and use your personal information, please visit Plaid’s privacy policy at https://plaid.com/legal.
You may also use the Argyle integration in the Service. Argyle may collect payroll-related information. For more information about how Argyle may collect and use your information, please visit Argyle’s privacy policy at https://argyle.com/legal/privacy-notice.
You may also use the Spinwheel integration in the Service. Spinwheel may collect debt-related information. For more information about how Spinwheel may collect and use your information, please visit Spinwheel’s privacy policy at https://legal.spinwheel.io/end-user-privacy-policy/.
REGION-SPECIFIC DISCLOSURES
We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
- For residents of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, you are welcome to contact us if you would like to submit such a request.
CHILDREN
Our Service are not directed to, and Lume does not intend to or knowingly collect or solicit Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through or use the Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Notice by instructing their children never to provide Personal Information on the Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Lume through the Service, please contact us, and we will endeavor to delete that information from our databases.
CHANGES TO LUME’S PRIVACY NOTICE
The Service and our business may change from time to time. As a result, at times it may be necessary for Lume to make changes to this Privacy Notice. Lume reserves the right to update or modify this Privacy Notice at any time and from time to time without prior notice. If we make material changes to this Privacy Notice, we may provide notice by email, by prominently posting on this Site or our online Service, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. Please review this notice periodically, and especially before you provide any Personal Information. This Privacy Notice was last modified on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Notice shall indicate your agreement with the terms of such revised Privacy Notice.
ACCESS TO INFORMATION; CONTACTING LUME
You can contact us at [insert email] if you have any questions about Lume’s Privacy Notice or the information practices of the Service. Note that in some cases we may need additional information from you to fulfill your request or respond to your inquiry.
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COOKIE NOTICE
Last Modified: 12/16/2021
Unless otherwise expressly stated, terms in this notice have the same meaning as defined in the Privacy Notice.
SCOPE OF NOTICE - This Cookie Notice supplements the information contained in the Privacy Notice and explains how we and our business partners and service providers use cookies and related technologies in the course of managing and providing our online services and our communications to you. It explains what these technologies are and why we use them, as well as your rights to control our use of them.
In some cases, we may use cookies and related technologies described in this Cookie Notice to collect personal information, or to collect information that becomes personal information if we combine it with other information. For more details about how we process your personal information, please review the Privacy Notice.
WHAT ARE COOKIES AND RELATED TECHNOLOGIES - As is common practice among websites, our Services use cookies, which are tiny files downloaded to your computer that allow us and our third-party partners to collect certain information about your interactions with our email communications, websites and other online services, and that improve your experience. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).
WHAT WE COLLECT WHEN USING COOKIES - We and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications and Services. For example, we may collect log data about your device and its software, such as your IP address, operating system, browser type, date/time of your visit, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure usage and activity trends for our online services and better understand our customer base. We also may collect location data, including general geographic location based on IP address or more precise location data when a user accesses our online services through a mobile device.
We use the following types of cookies:
Strictly necessary cookies. These cookies enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the Services function. The legal basis for our use of strictly necessary cookies is our legitimate interests, namely being able to provide and maintain our Services.
Functionality cookies. These enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. The legal basis for our use of functionality cookies is our legitimate interests, namely being able to provide and maintain our Services.
Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors to our Services, and to see how visitors move around our Services when they are using them. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies.
Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. They are used to track visitors across our Services. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent.
HOW WE USE INFORMATION COLLECTED VIA COOKIES
We use cookies for a variety of reasons outlined below:
If you create an account with us, then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out; however, in some cases, they may remain afterwards to remember your site preferences when logged out.
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
The Services offer email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
The Services offer payment features and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
When you submit data through a form, such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
In order to provide you with a great experience on the Services, we provide the functionality to set your preferences for how the Services run when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a website page.
We use cookies to provide and monitor the effectiveness of our Services, monitor online usage and activities of our Services, and facilitate the purposes identified in the Our Use Personal Information section of our Privacy Notice.
We may also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver information about products and services that may be of interest to you.
We may also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect and view reports about the traffic on our Site. More information about the use of Google Analytics for these analytical and non-advertising purposes can be obtained by visiting Google’s privacy policy here and Google’s currently available opt-out options are available here.
Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described in our Privacy Notice.
YOUR CHOICES ABOUT COOKIES
If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionalities and features of the Services.
Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
UPDATES TO THIS COOKIE NOTICE
We will update this Cookie Notice from time to time. When we make changes to this Cookie Notice, we will change the “Effective Date” at the beginning of this notice. If we make material changes to this notice, we will notify you by prominently posting on our Services or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
CONTACT US
If you have any questions or requests in connection with this Cookie Notice or other privacy-related matters, please contact us at hello@uselume.com.
Lume
Consumer Deposit Account Agreement
Please read this Lume Deposit Account Agreement (the “Agreement”) carefully and retain it for your future reference. This Agreement contains the general terms, conditions and disclosures related to the non-interest-bearing demand deposit account (the “Account”) made available to eligible consumers by Lume Health (“Program Partner”), the program partner responsible for managing the Account program, in partnership with Blue Ridge Bank, N.A. (the “Bank”).
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, the Program Partner acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the owner of the Account, as well as your personal representatives, executors, administrators, and successors.
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Account.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 6 OF THIS AGREEMENT.
1. Account Overview
1.1. How to Contact Us
You may contact us with any questions or concerns regarding your Account. All communication between you and us will be handled by the Program Partner. The best way to contact us is through email at support@uselume.com. You may also contact us through direct messaging via the Online Banking Services (see Section 1.3).
1.2. Type of Account and Eligibility
The Account is a non-interest-bearing demand deposit account used to hold your deposits and make certain types of payments and transfers. The Account is available to United States citizens or lawful permanent residents of the fifty (50) United States, the District of Columbia, and all U.S. territories, who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO)], and have a valid Social Security Number or Tax Identification Number. The Account is only available to individuals for personal, family or household purposes and may not be opened by a business in any form or used for business purposes.
We may decline to open an Account for any reason at the sole discretion of the Bank or Program Partner. We are not liable for any damages or liabilities resulting from refusal of an Account relationship.
1.3. Online or Mobile Access To Your Account
When you open an Account, you will also be enrolled in an online banking service or mobile application (collectively, “Online Banking Services”) offered by the Program Partner that you can use to access your Account, view information about your Account and conduct certain transactions. You may also be given access to various features through the Online Banking Services separate from your Account. If you cancel your enrollment in the Online Banking Services at any time, we may close your Account (see Section 3.10 below).
Unless otherwise specified in this Agreement, the Online Banking Services and any if its features are governed by the Program Partner’s [Lume of Terms of Use] and [Lume Privacy Policy] available at [PLACEHOLDER]. Please review these documents carefully because by using the Online Banking Services, you agree to be bound by them. These services are not provided or controlled by the Bank or this Agreement, and you agree not to hold the Bank liable for issues that may arise from your use of the services or features.
1.4. Paperless Account
To open an Account, you must agree to go “paperless.” This means that you must (1) provide us with and continue to maintain a valid email address and (2) accept electronic delivery of all communications that we need or decide to send you in connection with your Account by agreeing to our [Title of separate ESIGN consent document and link].
1.5. Titling and Ownership of Accounts
The Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Account cannot be owned or titled as a joint account, trust account, a Uniform Transfers to Minors (UTMA) account or a Payable-On-Death (POD) account.
1.6. Authorized Users
You may be given the ability to designate additional individuals (“Authorized Users”) whom you authorize to access your Account and/or conduct transactions through your Account. By establishing an Authorized User, you understand that any transaction authorization, instruction or any other action concerning your Account that your Authorized User engages in shall be deemed authorized by you and valid and we are under no obligation to investigate the authorization, instruction or activity. You also agree that you will not hold us liable for acting upon any such authorization, instruction or activity. We will continue to treat all actions taken by your Authorized User as authorized by you until you revoke the Authorized User’s access to your Account by notifying us by email at support@uselume.com. We also reserve the right to terminate your Authorized User’s access to the Account for any reason and without advance notice.
1.7. How To Open an Account
You may open an Account by downloading the Lume Health mobile application from the Apple App Store or Google Play Store and following the instructions within the application.
1.8. Minimum Deposits and Balances
There is no minimum deposit required to open an Account and no minimum balance you need to maintain in your Account.
1.9. Interest Disclosures
This Account is not interest-bearing. No interest will be paid on this Account.
1.10. Power of Attorney and Attorneys-In-Fact
We may allow you to give another person (known as an “attorney-in-fact”) power of attorney to act on your behalf for your Account. You must obtain written approval from us before we will honor any power of attorney. Email us at support@uselume.com for approval if you plan to create a power of attorney. Please be aware that it may take up to two weeks for us to review your request. If approved, we will honor orders and instructions from your attorney-in-fact until (1) we receive a written revocation from you; (2) we are notified that you or your attorney-in-fact have died or become incapacitated; or (3) we terminate our acceptance of the power of attorney. We may terminate our acceptance at any time, for any reason and without notice to you, and you agree not to hold us liable for any damages that may result from such action. You also agree to hold us harmless for any actions we take based on the instructions of your attorney-in-fact, including if it is later determined that your power of attorney was invalid or improperly executed.
1.11. Death or Incapacitation
You agree that if we receive notification or if we have reason to believe that you have died or become legally incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identify of your successor. Until we receive notice and any required proof of death or incapacitation, we may continue to accept deposits and process transactions to your Account. Your estate will be responsible for repaying us for any tax liability resulting from payment of your account balance to your estate. You agree to hold us harmless for any actions we take based on our belief that you have died or become incapacitated. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice.
1.12. Our Relationship With You
By opening an Account, we are establishing an Account relationship with you and committing to act in good faith and to the exercise of ordinary care in our dealings with you as defined by the Uniform Commercial Code as adopted by the Commonwealth of Virginia. This Agreement and the Account relationship do not create a fiduciary relationship or any other special relationship between you and us.
1.13. Third-Party Service Providers
We work with one or more third-party service providers, including Unit Finance Inc. (“Unit”), in connection with your Account. In particular, Unit may assist us in processing transactions, handing account operations, and providing technological connection to the Program Partner and the Bank. By using your Account, you license and authorize us to access information maintained by Unit and/or other third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. In particular, you agree that Unit may perform any functions on your Account that we are otherwise authorized to perform and that Unit’s access and use of your information will be governed by the terms of Unit’s Privacy Policy, available at https://www.unit.co/clients-privacy-policy.
1.14. Confidentiality and Our Privacy Policy
Your privacy is very important to us. Under this Agreement, we will generally only disclose information to third parties about your Account or the transactions you make:
▪ To verify your identity and determine if we should open an Account for you using services provided to us
by third parties.
▪ Where it is necessary for completing a transaction.
▪ To verify the existence and condition of your Account for a third party such as a credit bureau or merchant.
▪ To comply with government agency or court orders.
▪ As disclosed in our Privacy Policy.
▪ If you give us your written permission to share your information.
▪ Please refer to our Privacy Policy at https://www.mybrb.com/privacy-policy.html for more information about our commitment to you, your privacy rights and who we share data and information with.
In addition, we disclose your information to Unit in order to facilitate the Account and for other ancillary purposes. You agree to Unit’s use of your information in accordance with the terms of Unit’s Privacy Policy https://www.unit.co/clients-privacy-policy.
1.15. Cell Phone Communications
By providing us with your telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an auto-dialer—from us and our affiliates and agents. This consent applies to all telephone numbers you provide to us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications for quality control and training purposes.
1.16. Our Business Days
Our business days are Monday through Friday, excluding federal holidays.
2. Your Account Responsibilities
We strive to keep your Account secure and provide you with tools and services to help you manage your Account. However, there are certain things you should do to protect your Account and your funds.
2.1. Notify Us If Your Information Changes
You must notify us immediately if there is a change to your name, telephone number, mailing address, email address or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Account.
2.2. Keep Track of Your Transactions and Available Balance
It is very important that you keep track of your transactions and the funds in your Account that are available for you to use (“Available Balance”) by reviewing your transaction history. It is also important to understand that your Available Balance may not reflect transactions you have authorized that have not yet been presented to us for payment.
You are also responsible for reviewing your Account statements as they are made available to you for errors or unauthorized activity. If you identify an error or unauthorized activity, you must notify us promptly to avoid losing your money. Please refer to Sections 4.7 for information concerning errors and unauthorized activity.
2.3. Protect Your Account Information
It is very important that you protect your Account information to prevent unauthorized transactions and fraud. Keep your Account number, debit card, ATM card and statements secure at all times, and be careful about who you share this information with. If the Program Partner provides you with access to Online Banking Services, make sure to also keep your computer or mobile device secure at all times and avoid accessing the Online Banking Services when others can see your screen.
If your Account number, debit card, ATM card, mobile device or Online Banking Services login credentials are lost or stolen, notify us immediately to limit your liability for unauthorized transactions that may occur. Please refer to Section 4.6 for information and applicable deadlines for notifying us of losses or theft.
3. General Rules Governing Your Account
You understand that any payment instruction or activity performed using any Online Banking Services provided to you by the Program Partner shall be deemed authorized by you and valid and we are under no obligation to investigate the instruction or activity.
3.1. Deposits Into Your Account
You may make deposits into your Account using any of these methods described below. We do not charge you any fees for making deposits.
Deposit Method Limitations for Your Account
Direct Deposit*: No limits
ACH transfers to your Account from a linked bank account with another institution**: $1,000/day
$10,000/month
Cash deposit at in-network ATM: $1,000/transaction, $2,000/day You can use your debit card to make deposits at in-network ATMs. You can identify an in-network ATM by looking for the Allpoint logo on or near the ATM. You cannot make cash deposits at out-of-network ATMs.
* The recipient’s name on any direct deposit or ACH transfer must match the name on the Account or the deposit may be returned to the originator.
** You may transfer funds between your Account and another bank account. The linked bank account must be located in the United States.
We do not accept cash deposits by mail, or paper check or foreign currency deposits: We are not liable for deposits of any kind that you mail to us, including if it is lost in transit, lost in the mail, or otherwise not received by us.
▪ Cash: We do not accept cash deposits made by mail. If you mail us a cash deposit, we will send the cash back to you.
▪ Paper Checks: If you mail a paper check to us, including personal checks, money orders or cashier’s checks, we may apply the check to any negative balance you may have on your Account or send the check back to you.
▪ Foreign Currency: We do not accept any deposits in foreign currency. Any deposits received in foreign currency, whether in the form of cash or check, will be sent back to you.
We will send all items back to the address we have for you on file and we are not liable if you do not receive the items.
You may only deposit with us funds that are immediately available, which under applicable law are irreversible and are not subject to any lien, claim or encumbrance.
For more information about deposits and when funds from a deposit will be made available to you, please refer to Section 3.2.
3.2. Our Funds Availability Policy
It is our policy to make deposits made to your Account each business day available for withdrawal according to the table below. The end of the business day is referred to as the "deposit cut-off time". If you make a deposit before our cut-off time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cut-off time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.
If you make a deposit via… The cut-off time is… And those funds are available…
Direct deposit 3:00 PM ET Same business day
Cash deposit at in-network ATM 3:00 PM ET Next business day
The availability of funds transferred to your Account from a linked bank account held by another financial institution follow different rules. Please refer to Section 3.5 for more information.
3.3. Problems that Could Occur With Deposits
If a deposit or transfer to your Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer, or error without prior notice to you. If there are insufficient funds in your Account at the time, your Account may become overdrawn. Please refer to Section 3.9 concerning overdrafts for more information.
3.4. Withdrawals From Your Account
You may withdraw funds up to the amount of your Available Balance in your Account using any of the following methods.
Withdrawal Method Limitations for Your Account
ACH transfers from your Account to a linked bank account at another institution* $1,000/day
$10,000/month
ACH transfer to a merchant or other third party you authorize to withdraw from your Account using your routing number and account number No limits
ATM withdrawals $500/day
POS transactions and other transactions at merchants using your debit card $2,500/day
* You may transfer funds between your Account and another bank account. The linked bank account must be located in the United States.
If you have been issued a debit card or ATM card for your Account, there may also be limitations that apply to your use of the card. Please refer to the applicable cardholder agreement provided to you with your card for information on any applicable limitations and other terms.
You cannot withdraw funds by check, and we do not permit you to create checks drawn on your Account.
Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity.
We may refuse the transaction if you do not comply with our request.
3.5. Transfers To or From Linked Bank Accounts
You may be provided with the ability to link another bank account you have with another financial institution (“linked bank account”) to your Account with us in order to make inbound and outbound ACH transfers between the linked bank account and your Account through the Online Banking Services. An “inbound transfer” moves funds into your Account from a linked bank account. An “outbound transfer” moves funds from your Account to a linked bank account.
For inbound transfers, we will debit your linked bank account and credit your Account with us on the next business day after you initiate the transfer. The funds you transfer to your Account will be made available to you by the fifth (5th) business day after the funds have been credited to your Account.
For outbound transfers, we will debit your Account with us and credit your linked bank account on the next business day after you initiate the transfer. The financial institution that holds your linked bank account determines when those funds will be made available to you in your linked bank account.
The cut-off time for both inbound and outbound transfers is 3:00 PM ET. Transfer requests that you make on a business day before the cut-off time will be considered initiated on that day. Transfer requests that you make after the cut-off time, or on a day that is not a business day, will be considered initiated the following business day.
There are limits to the dollar amount of both inbound and outbound transfers you can make. Please see sections 3.1 and 3.4 for relevant limitations.
You agree that you will only attempt to link a bank account for which you have the authority to transfer funds. You also agree to indemnify and hold us harmless from any claims by any person related to the linked bank account, including any other owner of the linked bank account. You may only link a bank account that is a deposit account, such as a checking, savings or money market account.
3.6. No Illegal Activity, Internet Gambling and Right to Refuse Transactions
You must not use your Account for any illegal purposes or, regardless of whether it is legal or illegal, for internet gambling. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity, online gambling or for any other reason at our discretion.
3.7. How We Post Transactions To Your Account and Determine Your Available Balance
3.7.1. Posting Overview
To understand how we post transactions to your Account, it is important to first understand the difference between your Available Balance and your ledger balance. Your Available Balance is the amount of money you have in your Account at any given time that is available for you to use. Your ledger balance is the balance in your Account at the beginning of the day after we have posted all transactions to your Account from the day before. We use your Available Balance to authorize your transactions throughout the day and determine whether you have sufficient funds to pay your transactions. Here are some additional terms that are helpful to understand:
▪ Credit and debit – A credit increases your balance and a debit decreases your balance.
▪ Post or posted – Transactions that are paid from or deposited to your Account. Posted transactions will either increase or decrease both your Available Balance and your ledger balance.
▪ Pending – Transactions that we receive notice of and are scheduled to post to your Account. Pending transactions affect your Available Balance, but not your ledger balance.
▪ Card authorization and settlement – When you use a debit card to make a purchase, the transaction occurs in two steps: card authorization and settlement. Card authorizations reduce your Available Balance, but not your ledger balance. Settlement reduces both your Available Balance and your ledger balance. Card authorizations are removed when settlement occurs or after a certain number of days have passed, whichever is sooner. Please see Section 3.7.4 for more information about card authorizations and settlement.
3.7.2. Posting Order
We receive transactions throughout the day and post them to your Account as they are received and in the order that they are received. Note that for debit card transactions, we consider the transaction received when the merchant requests settlement, which may occur several days after you authorize the transaction. See Section 3.7.4 for additional information concerning how debit card transactions are processed.
We may change the order in which we post transactions to your Account at our discretion and without notice to you. It is therefore important for you to keep track of the deposits you make and the transactions you authorize to make sure there are sufficient funds in your Account to cover all transactions and any applicable fees.
3.7.3. Determining Your Available Balance
To determine your Available Balance, we start with your ledger balance at the beginning of the business day, add any pending credits or deposits that we make available to you, and subtract any card authorizations and pending debits. All transactions are debited or credited from your Available Balance in the order received.
You may check your available balance through Online Banking Services. Keep in mind that your Available Balance may not reflect every transaction you have initiated or previously authorized. For example, your Available Balance may not include transactions you have authorized that we have not received.
3.7.4. Debit Card Authorizations
If you are issued a debit card with your Account, you will be able to use your card to pay for goods or services or conduct other transactions with a merchant. When you engage in a transaction with a merchant using your debit card, the merchant will request preauthorization (“card authorization”) for the transaction. If there are sufficient available funds in your Account, we will approve the request and reduce your Available Balance for as long as the card authorization remains on your Account.
Your Available Balance will generally be reduced by the amount of the card authorization.
The card authorization will remain on your Account until the merchant sends us the final amount of the transaction and requests payment (“settlement”). In most cases, if the merchant does not request settlement, or the merchant is delayed in requesting settlement, the card authorization will automatically be removed after 3 days. However, certain merchants such as hotels may hold for a period of up to 7 days.
It is important to understand that the merchant controls the timing of card authorizations or settlement. A merchant may request settlement after the card authorization has been removed from your Account. This means that if you use the funds in your Account after the card authorization has been removed and the merchant later requests settlement, your Account may become overdrawn. A merchant may also request settlement for an amount that is different than the card authorization. Therefore, it is important that you keep track of your transactions and your balance. Once we have approved a card authorization, we cannot stop the transaction and you will be responsible for repaying any negative balance that may occur.
3.8. Statements
Statements will periodically be provided to you by email and through Online Banking Services as long as your Account is not inactive. You will receive a statement monthly as long as you have transactions on your Account during the statement period. If there were no transactions on your Account, we will provide you statements at least quarterly. You will not receive paper statements.
3.9. Overdrafts, Nonsufficient Funds and Negative Balances
We do not permit you to overdraw your Account. If the Available Balance in your Account is not sufficient to cover any transaction you have authorized, we may return the transaction or refuse to process the transaction. However, there may be instances where your Account can still go into the negative, such as if a deposit you make is returned. You must make a deposit immediately to cover any negative balance. If your Account has a negative balance for sixty (60) calendar days or more, we may close your Account.
3.10. Closing Your Account and Account Suspensions
You can close your Account at any time and for any reason by email at support@uselume.com. We reserve the right to refuse your request if you have a negative balance on your Account. We recommend that you transfer or withdraw any funds you may have in the Account prior to submitting a request to close the Account to avoid delays in receiving your funds.
We may also suspend or close your account at our discretion with or without notice. This includes if we believe you are using your Account for fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with us or Unit, or if you otherwise present undue risk to us or Unit. We may also close your Account if you have not made any deposits or withdrawals from your Account in over twelve (12) months. In addition, cancelling your enrollment in the Online Banking Services with the Program Partner will result in our closure of the Account and our return of your funds. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Account.
If your Account is closed with a balance greater than $1.00, we will return any funds you may have in the Account to you by ACH transfer to another bank account or by paper check. We reserve the right not to return the funds to you if the balance in your Account is $1.00 or less. The closure of your Account or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination (including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms governing arbitration).
3.11. Dormancy, Inactivity and Unclaimed Property
State law and our policy govern when your Account is considered dormant. Your Account is usually considered dormant if you have not accessed your Account, communicated to us about your Account or otherwise shown an interest in your Account within the period of time specified under applicable law. Each state has varying laws as to when an account becomes dormant, and we may be required to send the balance in your Account if it becomes dormant to the state of your last known address. We will make reasonable efforts to contact you if required by applicable law before transferring the remaining balance of your Account to the applicable state. After we surrender the funds to the state, you must apply to the appropriate state agency to reclaim your funds. You can avoid the surrender of your funds by simply conducting transactions, contacting us about your Account or replying to any abandoned property notices we may provide to you.
We may also place your Account in an inactive status if you have not had any transaction for at least six (6) months. If your Account becomes inactive, you may not receive statements or be able to conduct certain transactions. Inactive Accounts must be reactivated. Contact us by email at support@uselume.com to reactivate your Account.
3.12. Account Fees and Fee Schedule
You agree to pay all fees and charges applicable to your Account. All fee amounts will be withdrawn from your Account and will be assessed regardless of whether you have sufficient funds in your Account, except where prohibited by law. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.
Fee Description Fee Amount and Frequency Additional Details
International transaction fee 1% of the transaction You will be charged this fee for any ATM or POS transactions conducted outside the United States.
Out-of-network ATM transaction fee You may be charged a fee, including for balance inquiries, by the operator of an out-of-network ATM.
You can avoid fees by using an in-network ATM. You can identify an in-network ATM by looking for the Allpoint logo on or near the ATM.
4. Electronic Fund Transfers
Your Account allows you to withdraw funds up to the Available Balance or make deposits through Electronic Fund Transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ACH transfers, debit or ATM card transactions and direct deposits. This Section provides you with information and important disclosures and terms about the EFTs that are permitted on your Account. You may also receive additional services through Online Banking Services provided by the Program Partner, that allow you to initiate EFTs to and from your Account that are not described in this Agreement. You will be provided separate agreements and disclosures applicable to those services by the Program Partner.
4.1. Types of EFTs Supported by Your Account
Your Account allows the following types of EFTs:
▪ Direct deposits from your employer or other source of income
▪ Transfers to or from your Account to or from a linked bank account (see Section 3.5)
▪ Transfers to or from your Account to a merchant or other third party by providing the third party with your Account routing number and account number
▪ Purchases or other transactions using your debit card
▪ ATM deposits or withdrawals using your debit card or ATM card
4.2. Limitations on EFTs
There are limitations on the frequency and amount of transactions you can make to or from your Account. These limits are different for each type of transaction. For limits that apply to transactions that credit or deposit funds into your Account, please refer to Section 3.1 concerning deposits. For limits that apply to transactions that debit or withdraw from your Account, please refer to Section 3.4 concerning withdrawals. For limits that apply to transfers to or from your Account from a linked bank account, please refer to Section 3.5. These security-related limits may change from time to time.
If you have been issued a debit card or ATM card for your Account, there may also be transaction limitations that apply to your use of the card. Please refer to the applicable cardholder agreement provided to you with your card for information on any limitations and other terms.
4.3. Your Right to Receive Information and Documentation of Your Transactions
You will receive information and documentation concerning any EFTs that debit or credit your Account in the following ways:
▪ Statements: We will provide you information about each transaction that debits or credits your Account on your statements. Please refer to Section 3.8 for information about statements. You may check your transaction history via Online Banking Services and email.
▪ Direct Deposits: If you receive a direct deposit into your Account at least once every sixty (60) days from your employer or other person or company, you can check if the deposit has been made through Online Banking Services.
▪ Receipts: You can get a receipt at the time you make a withdrawal at an ATM or a purchase at a point-of-sale terminal using your debit card or ATM card.
4.4. Preauthorized Transfers, Your Right to Stop Payment and Notices of Varying Amounts
If you authorize us or another company or person to withdraw from your Account on a regular basis (such as when you sign up for “autopay” to pay a monthly bill), it is called a Preauthorized Transfer. You have the right to place a stop payment on Preauthorized Transfers, as well as get notification when the amount of a particular withdrawal will be different from the amount of the last withdrawal.
4.4.1. Your Right to Stop Payment
If you authorize a company or person to take payments from your Account on a regular basis through a Preauthorized Transfer, you can stop any of these payments by contacting us by email at support@uselume.com at least three (3) business days before the next payment is scheduled to be made.
Make sure to provide us with (1) your name, (2) your Account number, (3) the company or person taking the payments, and (4) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.
4.4.2. Our Liability if We Fail To Stop a Preauthorized Transfer
If you order us to stop one of these payments three (3) business days or more before the payment is scheduled and provide us with all information requested, and we do not do so, we will be liable for your losses or damages proximately caused by the failure. However, we will not be liable if the company or person initiating the payments changes the dollar amount of the payment or makes other changes that cause us not to recognize it as the payment you requested be stopped.
4.4.3. Notices of Varying Amounts
If these regular payments vary in amount, the person or company you are paying will tell you ten (10) days before each payment when it will be made and how much it will be. You may be given the option to only get this notice when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.
4.5. Our Liability for a Failure To Complete A Transaction
If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for damages proximately caused by the failure or error. However, there are some exceptions. We are not liable, for instance:
▪ If the Available Balance in your Account is not sufficient to complete the transaction through no fault of ours.
▪ If the ATM you use does not have enough cash.
▪ If the failure is due to an equipment or system breakdown, such as a problem with the Online Banking Services provided by the Program Partner, that you knew about before you began a transaction.
▪ The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken.
▪ If your funds are not available due to a hold or if your funds are subject to legal process.
▪ If we do not complete a transaction because we or Unit has reason to believe the transaction is unauthorized or illegal.
▪ If your Account is closed or inactive.
▪ There may be additional exceptions stated in our or Unit’s agreements with you or permitted by law.
4.6. Your Liability for Unauthorized EFTs
Contact us immediately if you believe that an unauthorized EFT has occurred or may occur concerning your Account, or if your debit card, ATM card, or Online Banking Services login credentials have been lost, stolen or compromised. Emailing us at support@uselume.com is the best way of keeping your losses to a minimum.
You could lose all the money in your Account (and any bank accounts with other institutions you have linked to your Account) if you take no action to notify us of the unauthorized EFT or the loss or theft of your debit card, ATM card or Online Banking Services login credentials.
For unauthorized EFTs, your liability will be as follows if you notify us of the loss:
▪ If you tell us within two (2) business days after learning of the loss, theft or compromise of your Online Banking Services login credentials, you can lose no more than $50.
▪ If you do NOT tell us within two (2) business days and we can prove that we could have prevented the loss had you contacted us, you could lose as much as $500.00.
▪ If your statement shows EFTs that you did not make and you do NOT contact us within sixty (60) days after the statement was made available to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevent those losses.
We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.
4.7. In Case of Errors or Questions About Your EFTs
Contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. For card related transactions, contact us at 1-833-333-0417; for all other transactions email us at support@uselume.com. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must provide us with the following information:
▪ Tell us your name and Account number.
▪ Describe the error or the EFT you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
▪ Tell us the dollar amount of the suspected error.
▪ If you tell us orally, we may require that you send us your complaint or question in writing by email within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will tell you the results and correct any error promptly. If we need more time, we may take up to forty-five (45) days—or ninety (90) days for Accounts open less than thirty (30) days or foreign-initiated transactions — to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For Accounts open less than thirty (30) days, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation by email. You may ask for copies of the documents that we used in our investigation.
5. Other Legal Terms and Conditions
5.1. No Assignments
Your Account and your obligations under this Agreement are not transferable and not assignable as collateral for a loan or for any other purpose. We may transfer our rights under this Agreement.
5.2. Legal Processes and Claims Affecting Your Account
If we receive a levy, attachment, or other legal process against you (collectively, “Legal Process”), we may refuse to permit withdrawals or transfers from your Account until the Legal Process is dismissed or satisfied. Any Legal Process will be subject to our right of set-off and security interest. You are responsible for any losses, costs or expenses we incur as a result of any dispute or legal proceeding involving your Account. If we receive a claim against the funds in your Account, or if we know of or believe that there is a dispute as to the ownership or control of funds in your Account, we may, in our discretion: (1) place a hold on your Account and refuse to pay out any funds until we are satisfied that the dispute is settled; (2) close your Account and send the balance to the named account holder; (3) require a court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for taking any such action.
5.3. Limitation of Liability and Disclaimer of Warranty
EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE OR UNIT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY LAW, BLUE RIDGE BANK, N.A. IS NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF ANY ONLINE BANKING SERVICES PROVIDED TO YOU BY LUME HEALTH. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.
ALL BANK SERVICES AND ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
5.4. Indemnification
You agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
Equally, you agree to indemnify and hold Unit and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
5.5. Our Right of Set-Off and Security Interest
We have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that we can take any funds in your Account or any other account you have with us to pay any debt or liability you owe us. You also agree to grant us a security interest in your Account to secure payment of any money that you owe to us or will owe us arising under this Agreement or any other agreements with us. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may exercise our security interest or right of set-off without regard to the source of the funds in your Account or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We will notify you if we exercise our right to set-off if required by law.
If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Account for our losses without prior notice to you.
5.6. Changes in Terms and Additional Services
We may change this Agreement, or any fees and features of your Account, at any time by posting an amended Agreement on the Program Partner’s website, https://uselume.com, and any such amendment shall be effective upon posting. We will give you advance notice of any change where required by law. We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation.
If we make any of our other banking services available to you in connection with your Account, we may provide certain terms and conditions for those additional services to you in a separate agreement or
disclosure.
5.7. No Waiver of Rights
We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.
5.8. Conflicts and Section Headings
If there is a conflict between this Agreement and any other document or statement made to you concerning the Account, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Account, the separate terms and conditions applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement
5.9. Severability
In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.
5.10. Governing Law, Forum and Time Limits
All actions relating to your Account and this Agreement will be governed by the laws and regulations of the United States and the Commonwealth of Virginia where your Account will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in the Commonwealth of Virginia and that you will be subject to such court’s jurisdiction.
Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Virginia law, or another agreement you have with us, provides for a shorter time. If federal or Virginia law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.
6 Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
6.1 Election to Arbitrate
You, Lume Health, and the Bank agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 6 (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
6.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
6.3 Informal Dispute Resolution
If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email at support@uselume.com and provide us with the opportunity to resolve your concern prior to initiating arbitration.
6.4 Arbitration Procedures
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
6.5 Arbitration Fees
If we initiate arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you initiate arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
6.6 Appeals
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
6.7 No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 6.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 6.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
6.8 Survival and Severability of Arbitration Provision
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 6.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 6.7 are finally adjudicated pursuant to the last sentence of Section 6.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
6.9 Judicial Forum for Claims
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and the Bank agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the Commonwealth of Virginia. Both you and the Bank consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
6.10 WAIVER OF RIGHT TO LITIGATE
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.
LUME
PRIVACY NOTICE
Last Modified: 12/16/2021
Lume Health, Inc. (“Lume,” “we,” “us,” “our”) knows how important your privacy is. This Privacy Notice sets forth how we collect, use, disclose, and otherwise process Personal Information (as defined below) when you access and use our products and services that are made available by Lume through website, http://www.lumehealth.com (the “Site”), our mobile applications (the “App”), and our products and services, including our healthcare job search platform and personal finance products and services (“Services”). It does not address our privacy practices relating to Lume employees and other personnel.
Financial Products or Services: As part of our Service, Lume works with one or more third-party banks and their financial technology providers (individually, “Bank Partner” and together, “Banking Partners”) to make certain banking products and services available to you. When you sign up for an account with Lume, Lume may collect and use your personal information on behalf of our Banking Partners to facilitate the provision of the banking services. This Privacy Notice does not describe the privacy practices of our Banking Partners related to the financial products or services. The banking practices of our Banking Partners are subject to their privacy notices, which we suggest you review closely. To learn more about the privacy practices of our Banking Partners, please see Blue Ridge Bank’s Privacy Policy and Unit’s Privacy Policy.
WHAT IS PERSONAL INFORMATION?
When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
PERSONAL INFORMATION WE COLLECT
We collect Personal Information about different categories of individuals through the provision of our Service, including nurses, employers, partners and prospective partners, and visitors to our website. We also collect Personal Information automatically when an individual interacts with our Service. In some circumstances, we may obtain information from third parties before we have interacted with you directly (such as information that is publicly available online or that one of our business partners provides to us).
Personal Information Collected from Users of the Service
We may collect the following types of Personal Information from all Users of our Service, including visitors to our website and account holders.
- Contact Information, including name, email address, mailing address, company, phone number.
- Inquiry Information, including the content of emails you send to us or comments you post on our blog;
- Survey, Contest, Sweepstakes, or Other Promotion Information, including information provided in any questions submitted through surveys, content of any testimonials, or information submitted through your participation in one of our contests, sweepstakes, or promotions.
- Hospital Reviews and Compensation Information, including your first name and last name initial, hospital name, dates employed, unit, employment type, agency staffed by, and any other information you include in your reviews such as your compensation.
- Preferences, including newsletter preferences and communication preferences.
- Phone Communications, including any information disclosed during our calls. In compliance with applicable laws and with your consent (where required by law), we may monitor and record phone communications.
- Personal Information Automatically Collected: As is true of most digital platforms, we collect certain Personal Information automatically when you visit our website, including:
Log File Data, including internet protocol (IP) address, operating system, browser type, browser id, date/time of visit, and pages visited.
Analytics Data, including the electronic path taken to our Service, through our Service and when exiting our Service, as well as usage and activity on our Service, such as the links and objects viewed, clicked or otherwise interacted with (also known as “Clickstream Data”).
Location Data, including general geographic location based on IP address or more precise location when accessing our online Service through a mobile device.
Application Data. Some of our services offer mobile or browser applications to allow you to take advantage of our service offerings on the go and/or when visiting third-party websites and other online services. Certain of these applications also allow us to access more precise Location Data about you and collect information about your use and interactions with third-party websites and online services (including the products or services you are interested in or purchase) to better serve you.
For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices individuals may have in relation to its collection, please refer to the “Cookies” section of this Privacy Notice below.
Personal Information Collected from Banking Services Account Holders
If you are a nurse and apply for or open an account for our banking services, we may collect one or more of the following pieces of information:
- Profile Information, such as name, username and password, date of birth, location (including city, state or region), language information, profile image and any other information you choose to provide.
- Contact Information including the nurse’s name, phone number, and email address.
- Professional Information, including work experience details (such as company name, industry and professional title), educational background, professional license information, and professional certifications.
- Account Application Information, including date of birth, social security number, employer, nurse license number, credit and income information.
- Consumer Reports Information, including credit score, credit inquiries, late payments and collection actions occurring on open and closed credit accounts; transaction history, assets, and account balances; and correcting information maintained by the credit bureaus.
- Lume Account Financial Information, including the account number from our Banking Partners, account transaction history, and anything else listed in the on-demand pay agreement, VISA debit card holder agreement, and consumer deposit account agreement.
- External Financial Accounts Information, such as your banking institution information in order to facilitate the integration between your Lume account and your external banking institution (e.g. transfer money between accounts, facilitate direct deposit). Note we use third-party integrations to facilitate this feature, such as Plaid. As such, we do not retain any banking account information such as your login credentials or account information and account historical information. Rather, all such information is provided directly by you to our third-party providers. The third-party provider’s use of your personal information is governed by their privacy notices. For more information on their privacy practices:
(i) Plaid’s Consumer Privacy Policy.
(ii) Spinwheel’s End User Privacy Policy.
(iii)Argyle’s Privacy Notice.
- Payroll Information, including your salary, your payment history, the total number of hours worked, and any other information you choose to provide to us. Note this information is facilitated through third-party integrations such as Argyle, and is collected from time to time as part of the Lume account maintenance process, including, for example, when you make a cash-advance request or make any changes to your direct deposit account information. For more information in Argyle’s data processing practices please review Argyle’s Privacy Notice.
- Identifiers, including social security number, nurse license number, account number(s), driver's license number (or comparable) or other information that identifies you for ordinary business purposes.
- Access Authorization, such as username, alias, PIN and passcode and security questions and answers.
Personal information Collected from Third Party Sources
We also obtain Personal Information from third parties, and may combine this information with Personal Information we collect either automatically or directly from an individual. Third party sources of Personal Information include:
- Service Providers: We receive Personal Information from service providers that perform services solely on our behalf, such as payment processors and analytics providers.
- Business Partners: Our business partners may collect Personal Information in connection with the Service provided and may share some or all of the information with us.
- Publicly Available Sources: We collect Personal Information about individuals that we do not otherwise have, including contact information, employment-related information, and information regarding services they may be interested in, from publicly available sources. We may combine this information with the information we collect from an individual directly.
- Social Networks: When an individual interacts with our Service through social media networks, such as when someone follows us or shares our content on Twitter, LinkedIn or other social media networks, we may receive some information about the individual that the individual permits the social network to share. The data we receive depends on the individual’s privacy settings with the social network. Before linking or connecting with us on a social media network, you should always review and, if necessary, adjust your privacy settings on that network in accordance with your preferences.
- Your Employer / Company: If you engage in our Service through your employer, or company, we may receive your information from the company such as name and contact information.
- Other Third Parties: From time to time, we may receive information about you from other third parties. For example, we may obtain information from marketing partners or from third parties to enhance or supplement our existing information about an individual. We may also collect information about individuals that is publicly available. We may combine this information with the information we collect directly from individuals.
OUR USE OF PERSONAL INFORMATION
We use Personal Information we collect to:
- Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Service you have requested, and to process transactions;
- Operate, maintain and provide the features and functionality of the Service;
- Help us improve the content and functionality of the Service, to better understand our users and to improve the Service;
- Communicate with individuals, including via email, text message, push notification, social media and/or telephone calls. For example, if you are a nurse, you may join our waitlist for a new product or service, or we may send you information about a position we think you may be interested in. We may also send you marketing communications to tell you more about our Service or about new product offerings. If you wish not to receive marketing communications or otherwise wish to have your name deleted from our mailing lists, please contact us as indicated below;
- Help maintain the safety, security and integrity of our property and Service, technology assets and business;
- Diagnose or fix technology problems;
- Respond to law enforcement requests and as required by applicable law, court order or governmental regulations;
- Defend, protect or enforce our rights or applicable terms of service;
- Detect and prevent fraud;
- Evaluate, negotiate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction;
- Fulfill any other purpose for which you provide personal information; and
- Comply with or as otherwise permitted by law.
We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.
OUR DISCLOSURE OF PERSONAL INFORMATION
We disclose your Personal Information as set forth below:
- Within Lume: Lume entities may disclose Personal Information to other Lume entities for purposes and uses consistent with this Privacy Notice.
- Other Users: We share Personal Information with other Users with your consent or at your direction. For example, if you are a nurse you may choose to share your Personal Information with a specific employer you are interested in working for.
- Your Employer: If you are using the Service in connection with your role as an employee or contractor of a company or other legal entity, we may share your information with such entity.
- Service Providers: Lume, like many businesses, sometimes hires other companies to perform certain business-related functions, subject to contractual terms restricting the collection, use and disclosure of Personal Information for any other commercial purpose. Examples of such functions include mailing information, maintaining databases and processing payments.
- Business Partners: We may share customer Personal Information with our business partners, such as third parties with whom we partner to provide contests, joint promotional activities or co-branded Service.
- Banking Partners, Financial Institutions, and Credit Reporting Agencies: as required by laws regulating cash advance services, or in the provision of our Services.
- Online Advertising Partners: We may also share personal information with advertising networks or permit these partners to collect information from you directly on our websites to facilitate online advertising, such as search engines and social network advertising providers to serve targeted ads to you or to groups of other users who share similar traits, such as likely commercial interests and demographics, on third-party platforms. For more information, including how to opt out of interest-based advertising, please see our Cookie Notice.
- Other Third Parties: We may disclose Personal Information to third parties who use this information to provide information or marketing messages about products or Service of interest, in accordance with their own privacy policies and terms.
Legal Requirements: Lume may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or with applicable law, court order, or governmental regulation, (ii) protect and defend the rights or property of Lume, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Third Parties in the Context of a Corporate Transaction: We may disclose Personal Information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.
Otherwise with Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their review on our Site, or service-related publications.
Our Service currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Notice whether or not a DNT signal is received.
CONTROL OVER YOUR INFORMATION
Updating Your Information
Once you have registered for an account, you may update or correct your profile information and preferences at any time by accessing your account settings page through the Site.
Deactivating Your Account
We do not delete information about you upon deactivation of your account. Although your deactivated status is reflected promptly in our user databases, we may retain the information you submit for a variety of purposes, including legal compliance, backups and archiving, prevention of fraud and abuse, and analytics. Upon deactivation, you will no longer receive emails from Lume and links to third-party financial accounts and services will automatically terminate. If you have a money transfer transaction pending at the time you deactivate your account, your link to this service from Lume will terminate but your pending transfer will continue to completion and your account with your employer will remain open.
Unsubscribing from Emails
If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to the completion of your registration, correction of user data, change of password, and other similar communications essential to your transactions through the services) by using the unsubscribe process at the bottom of any marketing email from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
Correcting Credit Reports
Information related to your creditworthiness is maintained by the credit bureaus. If you find that there is an error or you want to dispute the information found in your credit report, please contact the credit reporting bureaus.
Experian: http://www.experian.com/Transunion: https://dispute.transunion.com/ Equifax: https://www.ai.equifax.com/
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
This Privacy Notice applies only to the Service. The Service may contain links to other products and services not operated or controlled by Lume (the “Third Party Sites”), such as background check services. The policies and procedures described here do not apply to the Third Party Sites. The links from the Service do not imply that Lume endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
You may elect to use the Plaid Technologies, Inc. (“Plaid”) features in the Service. Plaid may collect your information from financial institutions, such as your bank. For more information about how Plaid may collect and use your personal information, please visit Plaid’s privacy policy at https://plaid.com/legal.
You may also use the Argyle integration in the Service. Argyle may collect payroll-related information. For more information about how Argyle may collect and use your information, please visit Argyle’s privacy policy at https://argyle.com/legal/privacy-notice.
You may also use the Spinwheel integration in the Service. Spinwheel may collect debt-related information. For more information about how Spinwheel may collect and use your information, please visit Spinwheel’s privacy policy at https://legal.spinwheel.io/end-user-privacy-policy/.
REGION-SPECIFIC DISCLOSURES
We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
- For residents of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, you are welcome to contact us if you would like to submit such a request.
CHILDREN
Our Service are not directed to, and Lume does not intend to or knowingly collect or solicit Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through or use the Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Notice by instructing their children never to provide Personal Information on the Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Lume through the Service, please contact us, and we will endeavor to delete that information from our databases.
CHANGES TO LUME’S PRIVACY NOTICE
The Service and our business may change from time to time. As a result, at times it may be necessary for Lume to make changes to this Privacy Notice. Lume reserves the right to update or modify this Privacy Notice at any time and from time to time without prior notice. If we make material changes to this Privacy Notice, we may provide notice by email, by prominently posting on this Site or our online Service, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. Please review this notice periodically, and especially before you provide any Personal Information. This Privacy Notice was last modified on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Notice shall indicate your agreement with the terms of such revised Privacy Notice.
ACCESS TO INFORMATION; CONTACTING LUME
You can contact us at [insert email] if you have any questions about Lume’s Privacy Notice or the information practices of the Service. Note that in some cases we may need additional information from you to fulfill your request or respond to your inquiry.
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COOKIE NOTICE
Last Modified: 12/16/2021
Unless otherwise expressly stated, terms in this notice have the same meaning as defined in the Privacy Notice.
SCOPE OF NOTICE - This Cookie Notice supplements the information contained in the Privacy Notice and explains how we and our business partners and service providers use cookies and related technologies in the course of managing and providing our online services and our communications to you. It explains what these technologies are and why we use them, as well as your rights to control our use of them.
In some cases, we may use cookies and related technologies described in this Cookie Notice to collect personal information, or to collect information that becomes personal information if we combine it with other information. For more details about how we process your personal information, please review the Privacy Notice.
WHAT ARE COOKIES AND RELATED TECHNOLOGIES - As is common practice among websites, our Services use cookies, which are tiny files downloaded to your computer that allow us and our third-party partners to collect certain information about your interactions with our email communications, websites and other online services, and that improve your experience. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).
WHAT WE COLLECT WHEN USING COOKIES - We and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications and Services. For example, we may collect log data about your device and its software, such as your IP address, operating system, browser type, date/time of your visit, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure usage and activity trends for our online services and better understand our customer base. We also may collect location data, including general geographic location based on IP address or more precise location data when a user accesses our online services through a mobile device.
We use the following types of cookies:
Strictly necessary cookies. These cookies enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the Services function. The legal basis for our use of strictly necessary cookies is our legitimate interests, namely being able to provide and maintain our Services.
Functionality cookies. These enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. The legal basis for our use of functionality cookies is our legitimate interests, namely being able to provide and maintain our Services.
Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors to our Services, and to see how visitors move around our Services when they are using them. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies.
Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. They are used to track visitors across our Services. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent.
HOW WE USE INFORMATION COLLECTED VIA COOKIES
We use cookies for a variety of reasons outlined below:
If you create an account with us, then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out; however, in some cases, they may remain afterwards to remember your site preferences when logged out.
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
The Services offer email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
The Services offer payment features and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
When you submit data through a form, such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
In order to provide you with a great experience on the Services, we provide the functionality to set your preferences for how the Services run when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a website page.
We use cookies to provide and monitor the effectiveness of our Services, monitor online usage and activities of our Services, and facilitate the purposes identified in the Our Use Personal Information section of our Privacy Notice.
We may also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver information about products and services that may be of interest to you.
We may also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect and view reports about the traffic on our Site. More information about the use of Google Analytics for these analytical and non-advertising purposes can be obtained by visiting Google’s privacy policy here and Google’s currently available opt-out options are available here.
Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described in our Privacy Notice.
YOUR CHOICES ABOUT COOKIES
If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionalities and features of the Services.
Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
UPDATES TO THIS COOKIE NOTICE
We will update this Cookie Notice from time to time. When we make changes to this Cookie Notice, we will change the “Effective Date” at the beginning of this notice. If we make material changes to this notice, we will notify you by prominently posting on our Services or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
CONTACT US
If you have any questions or requests in connection with this Cookie Notice or other privacy-related matters, please contact us at hello@uselume.com.
Lume
VISA Debit Cardholder Agreement
Please read this Lume VISA Debit Cardholder Agreement (the “Agreement”) carefully and retain it for your future reference. This Agreement applies to all transactions resulting from the use of your Debit Card (the “Card”) through an automated teller machine (ATM), a Point-of-Sale (POS) terminal or any other use of the Card(s), whether electronic or not, which has been made available to you by Lume Health (“Program Partner”), the program partner responsible for managing the Card program, in partnership with Blue Ridge Bank, N.A. (the “Bank”), member of the Federal Deposit Insurance Corporation (“FDIC”).
Please read this Agreement carefully and keep it for your records. The agreement you make with us, and the rights and obligations we both have, are governed by and interpreted according to the Commonwealth of Virginia law and federal law. This Agreement, together with other agreements or disclosures you may receive from us, such as the Lume Consumer Deposit Account Agreement (“Account Agreement”), establishes our and your rights and obligations.
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, the Program Partner acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the owner of the Account, as well as your personal representatives, executors, administrators, and successors.
You authorize us to pay from your deposit account (“Account”) the total amount of any transaction originated by proper use of the Card. You also agree that the use of the Card described in this Agreement shall be subject to the rules, regulations and fees governing each deposit account which is accessed by such Card, including but not limited to the Bank's right of set-off.
1. Activating the Card and Setting a PIN
1.1. Card Agreement Acceptance and Card Activation
This Card requires activation before you may use it. You may activate the Card by calling 1-833-333-0417. Your activation and use of the Card means that you agree to the terms and conditions described in this Agreement.
If you do not want to activate the Card, you should cut the Card in half and dispose of it.
1.2. Personal Identification Number (PIN)
You will be required to select a 4-digit personal identification number (PIN) prior to using the Card for the first time. The 4-digit numerical PIN issued to you is for security purposes. The PIN represents your signature authorizing transactions made using your Card(s), identifies the bearer of the Card, and serves to validate and authenticate the directions given to complete the Card transactions.
YOU ARE RESPONSIBLE FOR SAFEKEEPING YOUR PIN. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS SO NO ONE ELSE LEARNS YOUR PIN AND YOU AGREE NOT TO DISCLOSE OR OTHERWISE MAKE YOUR PIN AVAILABLE TO ANYONE NOT AUTHORIZED TO SIGN ON YOUR DEPOSIT AND/OR LOAN ACCOUNT(S).
Your PIN should NOT be written on the Card or anywhere it is available to others for use by lawful and/or unlawful means.
1.3. Permissible Uses of Your Card
You agree that you will use the Card only for personal, household or family purposes and it will not be used for any business purposes.
2. Use of the Card
2.1. No Secondary Cardholders
The Card is solely for your use and you may not request an additional card for another person. If you give anyone else access to your Card, we will treat any transaction they initiate as authorized by you, and you will be responsible for all transactions and fees that occur.
2.2. ATM Cash Deposits
With your PIN, you can use your Card to deposit cash into your Account at an in-network ATM. You can identify an in-network ATM by looking for the Allpoint logo on or near the ATM. You cannot make cash deposits at out-of-network ATMs.
2.3. ATM and Point-of-Sale PIN Withdrawals
With your PIN, you can use your Card to obtain cash from your Account up to your Available Balance at any ATM or any Point-of-Sale (“POS”) device in the United States that displays the Visa, VisaATM, Plus, Interlink, or Accel acceptance marks. Not all merchants will permit you to get cash back through their POS devices.
If you use an ATM, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third-party fee assessed by the individual ATM operator only and is not assessed or controlled by us. This ATM fee amount will be charged to your Account in addition to any applicable fees disclosed in this Agreement or your Account Agreement.
2.4. Retail Card Purchases
You may use your Card to make purchases using your PIN at any merchant with a POS device anywhere that displays the Visa, VisaATM, Plus, Interlink, or Accel acceptance marks. You may also use your Card to make purchases without your PIN anywhere that Visa debit cards are accepted.
2.5. Split Transactions
You can instruct a merchant to charge your Card for part of a purchase and pay any remaining amount with cash or another card. This is called a “split transaction.” Some merchants do not permit split transactions. If you wish to conduct a split transaction, you must tell the merchant the exact amount you would like charged to your Card. If you fail to inform the merchant you would like to complete a split transaction and you do not have sufficient available funds in your Account to cover the entire purchase amount, your Card is likely to be declined.
2.6. Card-Not-Present Transactions
You may make retail card purchases without presenting your Card by providing information from your Card, such as transactions done by internet or telephone. Conducting transactions in this way has the same legal effect as if you used the plastic Card itself. For security reasons, the amount or number of such transactions you may make may be limited.
2.6. Card-Not-Present Transactions
You may make retail card purchases without presenting your Card by providing information from your Card, such as transactions done by internet or telephone. Conducting transactions in this way has the same legal effect as if you used the plastic Card itself. For security reasons, the amount or number of such transactions you may make may be limited.
2.7. Virtual Card Use
When you open an Account, you may also receive a virtual card (“Virtual Card”) represented by a 16-digit card number, a 3-digit card verification value (“CVV”) number, and an expiration date. The Virtual Card is separate from your physical Card and can be managed through the Online Banking Services (see Section 1.3 of the Account Agreement). We will issue you a replacement Virtual Card when it expires. The Virtual Card accesses the available funds in your Account to make card-not-present transactions (see Section 2.6) anywhere Visa debit cards are accepted in the same way as your physical Card. The Virtual Card can also be added to a digital wallet (see Section 2.8) in the same way as your physical Card. Your use of the Virtual Card is subject to the terms of this Agreement, including transaction limitations, to the same extent as your physical Card.
2.8. Use of the Card with Digital Wallets
A digital wallet (“Wallet”) provides another way for you to make purchases with your Card. A digital wallet is a service provided by another company (such as Apple Pay, Android Pay, Samsung Pay, etc.), that allows you to use your Card to enter into transactions where the Wallet is accepted. A Wallet may not be accepted at all places where your Card is otherwise accepted, and your Card may not be eligible for all the features and functionalities of the Wallet. Any use of your Card in or through the Wallet continues to be subject to all terms and conditions of this Agreement. We may terminate your access to or use of your Card with a Wallet at any time and for any reason, including if you violate any of the terms or conditions of this Agreement.
You can add or remove your Card from a Wallet by following the instructions provided by the Wallet provider. By doing this, you agree to allow us to share your Card information with the Wallet provider. You may be required to take additional steps to authenticate yourself before your Card is added to the Wallet. We do not charge you any additional fees for adding your Card to a Wallet or for using your Card in the Wallet. However, any fees and charges that would apply when you use your Card outside the Wallet will also apply when you use a Wallet to make purchases with your Card or otherwise access your Card. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees. The digital version of your Card in a Wallet may, in our sole discretion, be automatically updated or upgraded without notice to you.
We are not the provider of the Wallet, and we are not responsible for providing the Wallet service to you or for ensuring that your Card is compatible with any Wallet service. We are only responsible for supplying information to the Wallet provider to allow usage of your Card in the Wallet as you have requested. We are not responsible for any failure of the Wallet, any mobile device you use with the Wallet, or the inability to use the Wallet for any transaction. We are not responsible for how the Wallet provider performs its services or any other third parties regarding any agreement you enter into with the Wallet provider or other third party. We do not control the privacy and security of any of your information that may be held by the Wallet provider. Any information held by the Wallet provider is governed by the privacy policy given to you by the Wallet provider. If you have location services enabled on your mobile device, the location of your mobile device may be collected and shared by the Wallet provider in accordance with their respective data and privacy policies, including with us. If you request to add your Card to a Wallet, you authorize us to collect, transmit, store, use and share information about you, your mobile device, and your use of the Card in accordance with our privacy policy, as amended from time to time, available at https://www.mybrb.com/privacy-policy.html.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF A WALLET, YOUR USE OF THE CARD OR VIRTUAL CARD IN CONNECTION WITH A WALLET, OR A MOBILE DEVICE.
If you use a Wallet, you should protect your Wallet and your mobile device as you would your Card. If your Wallet or mobile device is compromised, lost or stolen, you should also consider your Card lost or stolen and notify us immediately. Please see Section 7 for instructions for reporting a lost or stolen Card.
If you have any questions, disputes, or complaints about a Wallet, contact the Wallet provider using the information given to you by the provider.
2.9. Foreign Transactions
Charges from foreign merchants and financial institutions may be made in a foreign currency. We will bill you in U.S. dollars based on the exchange rate on the day we settle the transaction, plus any special currency exchanges charges that may be imposed by us, the Visa network and/or by any third-party used to
complete the transaction.
The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your Account.
Regardless of whether the transaction is made in foreign currency or in US dollars, additional fees may apply to all international transactions using the Card. Please refer to our current fee schedule for more information about our fees.
2.10. Card Authorization Holds
When you use your Card to purchase goods or services or to obtain cash from a merchant, the merchant may request preauthorization (“Card Authorization”) for the transaction. If the merchant makes such a request and there are sufficient available funds in your Account, we will approve the transaction and place a temporary hold on the funds in your Account. This hold will reduce the Available Balance in your Account.
The amount of this temporary hold will usually be the amount of the Card Authorization. The hold will remain on your Account until the merchant sends the final amount of the transaction to us and requests payment (“Settlement”). In most cases, if the merchant does not request Settlement or is delayed in requesting settlement, the hold will automatically be removed after three (3) days. However, for transactions with certain merchants, such as hotels, the hold may remain on your account up to seven (7) days.
Please note that the merchant controls the timing of both the Card Authorization and Settlement. This means that a merchant may initiate Settlement after Card Authorization hold has already been removed. If the hold is removed and you spend the funds in your Account before Settlement, it may cause your Account to overdraw. In addition, the Card Authorization amount that the merchant requests may be different than the Settlement amount. It is therefore very important that you keep track of your transactions and your Account. We cannot stop a Card transaction once we have approved a Card Authorization and you will be responsible for repaying any negative balance that may occur in your Account.
2.11. Customized Debit Card Limits
As part of the Online Banking Services, you may be given the ability to establish customized debit card transaction limits that are lower than the limits that are otherwise applicable to POS transactions and ATM withdrawals for yourself or any secondary cardholders to help you manage and control your spending.
3. Card Limitations
There may be limits on the amount and frequency of withdrawals and deposits you can make using your Card. Please refer to the Account Agreement for any limits that may apply to your Account.
4. Returns and Refunds
Please be aware of the merchant’s return policies before using your Card to make a purchase. Neither the Bank nor the Program Partner is responsible for the delivery, quality, safety, legality or any other aspect of the goods or services you purchase using your Card. If you have a problem with a purchase that you made with your Card or if you have a dispute with the merchant, you must handle it directly with the merchant. If you are entitled to a refund for any reason for goods or services obtained using your Card, you agree to accept credits to your Card for the refund and agree to the refund policy of the merchant. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
5. Additional Benefits from Visa and Fraud Alerts Program
5.1. Additional Benefits from Visa
Your Card may also be eligible for certain benefits provided by Visa. Please see the Visa Debit Card Benefits Guide (https://usa.visa.com/support/consumer/debit-cards.html) for a full description of all additional benefits to which you may be eligible, specifically Visa Zero Liability Benefits (https://usa.visa.com/pay-with-visa/visa-chip-technology-consumers/zero-liability-policy.html). You are also eligible for Visa’s Fraud Alerts Program.
5.2. Fraud Alerts Program Overview
Messaging frequency depends on account activity. For more information, text HELP to 23618. To cancel fraud text messaging services at any time reply STOP to any alert from your mobile device.
For Fraud alerts support, call 1-833-333-0417. By giving us your mobile number, you agree that Fraud Alerts text messaging is authorized to notify you of suspected incidents of financial or identity fraud. HELP instructions: Text HELP to 23618 for help.
5.2.1. Stop Instructions
Text STOP to 23618 to cancel.
5.2.2. Release of Liability
Alerts sent via SMS may not be delivered to you if your phone is not in the range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within coverage, factors beyond the control of wireless carriers may interfere with messages delivery for which the carrier is not responsible.
Carriers do not guarantee that alerts will be delivered.
6. Fees
There may be fees associated with your use of the Card. Please refer to the Account Agreement for any fees that may apply to your use of the Card.
7. Errors and Lost or Stolen Cards
7.1. Error Resolution
In case of errors or questions about your Card transactions telephone us at 1-833-333-0417 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
▪ Tell us your name and account number (if any).
▪ Describe the error or the transfer you are unsure about, and explain as clearly as you can why you
believe it is an error or why you need more information.
▪ Tell us the dollar amount of the suspected error.
▪ If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
7.2. Reporting Lost or Stolen Cards or Replacing Your Card
Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or if you believe that a transaction has been made without your permission. Reporting the unauthorized use is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.
If you need to report your Card as lost or stolen, report an unauthorized transaction, or replace your Card for any reason, please contact us at 1-833-333-0417 seven days a week, 24 hours a day. You will be required to provide personal information so that we may verify your identity before we will issue you a replacement Card.
8. Electronic Fund Transfers
Your Card allows you to withdraw funds from your Account up to the Available Balance through Electronic Fund Transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ATM withdrawals and point-of-sale purchases at merchants. This Section provides you with information and important disclosures and terms about the EFTs that are permitted using your Card. You may also receive additional EFT services related to your Account that are not described in this Agreement.
Please refer to your Account Agreement for more information.
8.1. Types of EFTs Supported by Your Card
Your Card allows the following types of EFTs:
▪ Transfers to or from your Account to a merchant or other third party by providing the third party with your Card or Card information
▪ ATM deposits and withdrawals using your Card
8.2. Limitations on EFTs
There are limitations on the frequency and amount of transactions you can make to or from your Account using your Card. These limits are different for each type of transaction. For limits that apply to Card transactions, please refer to Section 3 of this Agreement. For other limitations that may apply to your Account, please refer to your Account Agreement. Your Card may also be subject to security-related limits.
These limits may change from time to time.
8.3. Your Liability for Unauthorized EFTs
Contact us immediately if you believe that an unauthorized EFT has occurred or may occur concerning your Account, or if your Card or PIN has been lost, stolen or compromised. Calling us at 1-833-333-0417 is the best way of keeping your losses to a minimum.
You could lose all the money in your Account if you take no action to notify us of the unauthorized EFT or the loss or theft of your Card or PIN.
For unauthorized EFTs, your liability will be as follows if you notify us of the loss:
▪ If you tell us within two (2) business days after learning of the loss, theft or compromise of your Card or PIN, you can lose no more than $50.
▪ If you do NOT tell us within two (2) business days and we can prove that we could have prevented the loss had you contacted us, you could lose as much as $500.00.
▪ If your statement shows EFTs that you did not make and you do NOT contact us within sixty (60) days after the statement was made available to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevent those losses.
We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.
8.4. Our Liability for a Failure To Complete A Transaction
If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for damages proximately caused by the failure or error.
However, there are some exceptions. We are not liable, for instance:
▪ If the Available Balance in your Account is not sufficient to complete the transaction through no fault of ours.
▪ If the ATM you use does not have enough cash.
▪ If the failure is due to an equipment or system breakdown, such as a problem with the Online Banking
Services provided by the Program Partner, that you knew about before you began a transaction.
▪ The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken.
▪ If your funds are not available due to a hold or if your funds are subject to legal process.
▪ If we do not complete a transaction because we or Unit has reason to believe the transaction is unauthorized or illegal.
▪ If your Account is closed or inactive.
▪ There may be additional exceptions stated in our or the Program Partner’s agreements with you or permitted by law.
8.5. Our Business Days
Our business days are Monday through Friday, excluding federal holidays.
8.6. Your Right to Information and Documentation of Your Card Transactions
You will receive information and documentation concerning any Card transactions that debit or credit your Account in the following ways:
▪ Statements: We will provide you information about each Card transaction that debits or credits your Account on your statements. Please refer to your Account Agreement for information about statements and other ways you may be able to access your transaction history and other Account information.
▪ Receipts: You will have the option to receive a receipt when making a withdrawal from an ATM or when you make a POS purchase at a merchant.
8.7. Recurring Card Payments (Preauthorized Transfers)
If you authorize a merchant or other third party to automatically initiate a payment using your Card on a recurring basis, you must do so in writing. If you are issued a new Card with a different expiration date or a different number, we may (but are not obligated to) provide your new Card number and expiration date to a merchant or other third party with whom you have set up a recurring pre-authorized card payment in order to facilitate the continuation of your authorized recurring transactions.
If you do not wish Visa to provide your new Card number and/or expiration date to merchants or other third parties, please let us know by emailing us at support@uselume.com.
8.7.1. Notice of Varying Amounts
If you have authorized a merchant to originate regular pre-authorized debits to your Account using your Card and if these payments vary in amount, the merchant you are going to pay is required to notify you, 10 days before each payment, when it will be made and how much it will be. You may be given the option to choose to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.
8.7.2. Your Right to Stop Payment
To stop payment on a pre-authorized transaction, email us at support@uselume.com.
We must receive your stop-payment request at least three business days before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and provide it to us within 14 days after you call. If we require written confirmation and do not receive it, we may remove the stop-payment order after 14 days.
Make sure to provide us with (1) your name, (2) your Account number, (3) the company or person taking the payments, and (4) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.
You may be charged a fee for each stop payment you request under your Account Agreement. Please refer to your Account Agreement for fees applicable to your Account.
8.7.3. Our Liability if We Fail To Stop a Preauthorized Transfer
If you order us to stop one of these payments three (3) business days or more before the payment is scheduled and provide us with all information requested, and we do not do so, we will be liable for your losses or damages proximately caused by the failure. However, we will not be liable if the company or person initiating the payments changes the dollar amount of the payment or makes other changes that cause us not to recognize it as the payment you requested be stopped.
8.8. In Case of Errors or Questions About Your EFTs
If you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt, as soon as you can contact 1-833-333-0417 for card related transactions. For all other transactions contact us at support@uselume.com. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must provide us with the following information:
▪ Tell us your name and Account number.
▪ Describe the error or the EFT you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
▪ Tell us the dollar amount of the suspected error.
▪ If you tell us orally, we may require that you send us your complaint or question in writing by email within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will tell you the results and correct any error promptly. If we need more time, we may take up to forty-five (45) days—or ninety (90) days for Accounts open less than thirty (30) days or foreign-initiated transactions — to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For Accounts open less than thirty (30) days, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation by email. You may ask for copies of the documents that we used in our investigation.
9. Change of Terms
We can change the term of this Agreement at any time. We will provide advance notice to you of a change in terms where required by law.
10. Account Information Disclosed to Third Parties
We will disclose information to third parties about your account or the transfers you make:
▪ Where it is necessary for completing the transaction
▪ To verify the existence and condition of your account with us (such as to confirm that sufficient funds are available to cover specific transactions) upon the request from a third party (such as a credit bureau or merchant)
▪ To comply with government agency or court orders
▪ If you give us your written permission
You can more fully understand how we use your information by referring to the Bank’s Privacy Policy at https://www.mybrb.com/privacy-policy.html and the Third Party Program Service Provider’s Policy at https://www.unit.co/clients-privacy-policy.
11. Cancellation
We may refuse to issue, deactivate, revoke, suspend or cancel your Card at any time with or without notice to you, other than as required by law. This includes deactivating or canceling your Card if it has been lost or stolen to prevent unauthorized transactions. You agree not to use your Card once it has been deactivated, revoked, suspended or canceled. We may also limit your use of the Card, including limiting or prohibiting specific types of transactions. If you would like to cancel your Card, you may do so at any time by contacting us through the Online Banking Services or by emailing support@uselume.com.
The cancellation of your Card privileges will not otherwise affect your rights and obligations related to your Account.
LUME
PRIVACY NOTICE
Last Modified: 12/16/2021
Lume Health, Inc. (“Lume,” “we,” “us,” “our”) knows how important your privacy is. This Privacy Notice sets forth how we collect, use, disclose, and otherwise process Personal Information (as defined below) when you access and use our products and services that are made available by Lume through website, http://www.lumehealth.com (the “Site”), our mobile applications (the “App”), and our products and services, including our healthcare job search platform and personal finance products and services (“Services”). It does not address our privacy practices relating to Lume employees and other personnel.
Financial Products or Services: As part of our Service, Lume works with one or more third-party banks and their financial technology providers (individually, “Bank Partner” and together, “Banking Partners”) to make certain banking products and services available to you. When you sign up for an account with Lume, Lume may collect and use your personal information on behalf of our Banking Partners to facilitate the provision of the banking services. This Privacy Notice does not describe the privacy practices of our Banking Partners related to the financial products or services. The banking practices of our Banking Partners are subject to their privacy notices, which we suggest you review closely. To learn more about the privacy practices of our Banking Partners, please see Blue Ridge Bank’s Privacy Policy and Unit’s Privacy Policy.
WHAT IS PERSONAL INFORMATION?
When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
PERSONAL INFORMATION WE COLLECT
We collect Personal Information about different categories of individuals through the provision of our Service, including nurses, employers, partners and prospective partners, and visitors to our website. We also collect Personal Information automatically when an individual interacts with our Service. In some circumstances, we may obtain information from third parties before we have interacted with you directly (such as information that is publicly available online or that one of our business partners provides to us).
Personal Information Collected from Users of the Service
We may collect the following types of Personal Information from all Users of our Service, including visitors to our website and account holders.
- Contact Information, including name, email address, mailing address, company, phone number.
- Inquiry Information, including the content of emails you send to us or comments you post on our blog;
- Survey, Contest, Sweepstakes, or Other Promotion Information, including information provided in any questions submitted through surveys, content of any testimonials, or information submitted through your participation in one of our contests, sweepstakes, or promotions.
- Hospital Reviews and Compensation Information, including your first name and last name initial, hospital name, dates employed, unit, employment type, agency staffed by, and any other information you include in your reviews such as your compensation.
- Preferences, including newsletter preferences and communication preferences.
- Phone Communications, including any information disclosed during our calls. In compliance with applicable laws and with your consent (where required by law), we may monitor and record phone communications.
- Personal Information Automatically Collected: As is true of most digital platforms, we collect certain Personal Information automatically when you visit our website, including:
Log File Data, including internet protocol (IP) address, operating system, browser type, browser id, date/time of visit, and pages visited.
Analytics Data, including the electronic path taken to our Service, through our Service and when exiting our Service, as well as usage and activity on our Service, such as the links and objects viewed, clicked or otherwise interacted with (also known as “Clickstream Data”).
Location Data, including general geographic location based on IP address or more precise location when accessing our online Service through a mobile device.
Application Data. Some of our services offer mobile or browser applications to allow you to take advantage of our service offerings on the go and/or when visiting third-party websites and other online services. Certain of these applications also allow us to access more precise Location Data about you and collect information about your use and interactions with third-party websites and online services (including the products or services you are interested in or purchase) to better serve you.
For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices individuals may have in relation to its collection, please refer to the “Cookies” section of this Privacy Notice below.
Personal Information Collected from Banking Services Account Holders
If you are a nurse and apply for or open an account for our banking services, we may collect one or more of the following pieces of information:
- Profile Information, such as name, username and password, date of birth, location (including city, state or region), language information, profile image and any other information you choose to provide.
- Contact Information including the nurse’s name, phone number, and email address.
- Professional Information, including work experience details (such as company name, industry and professional title), educational background, professional license information, and professional certifications.
- Account Application Information, including date of birth, social security number, employer, nurse license number, credit and income information.
- Consumer Reports Information, including credit score, credit inquiries, late payments and collection actions occurring on open and closed credit accounts; transaction history, assets, and account balances; and correcting information maintained by the credit bureaus.
- Lume Account Financial Information, including the account number from our Banking Partners, account transaction history, and anything else listed in the on-demand pay agreement, VISA debit card holder agreement, and consumer deposit account agreement.
- External Financial Accounts Information, such as your banking institution information in order to facilitate the integration between your Lume account and your external banking institution (e.g. transfer money between accounts, facilitate direct deposit). Note we use third-party integrations to facilitate this feature, such as Plaid. As such, we do not retain any banking account information such as your login credentials or account information and account historical information. Rather, all such information is provided directly by you to our third-party providers. The third-party provider’s use of your personal information is governed by their privacy notices. For more information on their privacy practices:
(i) Plaid’s Consumer Privacy Policy.
(ii) Spinwheel’s End User Privacy Policy.
(iii)Argyle’s Privacy Notice.
- Payroll Information, including your salary, your payment history, the total number of hours worked, and any other information you choose to provide to us. Note this information is facilitated through third-party integrations such as Argyle, and is collected from time to time as part of the Lume account maintenance process, including, for example, when you make a cash-advance request or make any changes to your direct deposit account information. For more information in Argyle’s data processing practices please review Argyle’s Privacy Notice.
- Identifiers, including social security number, nurse license number, account number(s), driver's license number (or comparable) or other information that identifies you for ordinary business purposes.
- Access Authorization, such as username, alias, PIN and passcode and security questions and answers.
Personal information Collected from Third Party Sources
We also obtain Personal Information from third parties, and may combine this information with Personal Information we collect either automatically or directly from an individual. Third party sources of Personal Information include:
- Service Providers: We receive Personal Information from service providers that perform services solely on our behalf, such as payment processors and analytics providers.
- Business Partners: Our business partners may collect Personal Information in connection with the Service provided and may share some or all of the information with us.
- Publicly Available Sources: We collect Personal Information about individuals that we do not otherwise have, including contact information, employment-related information, and information regarding services they may be interested in, from publicly available sources. We may combine this information with the information we collect from an individual directly.
- Social Networks: When an individual interacts with our Service through social media networks, such as when someone follows us or shares our content on Twitter, LinkedIn or other social media networks, we may receive some information about the individual that the individual permits the social network to share. The data we receive depends on the individual’s privacy settings with the social network. Before linking or connecting with us on a social media network, you should always review and, if necessary, adjust your privacy settings on that network in accordance with your preferences.
- Your Employer / Company: If you engage in our Service through your employer, or company, we may receive your information from the company such as name and contact information.
- Other Third Parties: From time to time, we may receive information about you from other third parties. For example, we may obtain information from marketing partners or from third parties to enhance or supplement our existing information about an individual. We may also collect information about individuals that is publicly available. We may combine this information with the information we collect directly from individuals.
OUR USE OF PERSONAL INFORMATION
We use Personal Information we collect to:
- Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Service you have requested, and to process transactions;
- Operate, maintain and provide the features and functionality of the Service;
- Help us improve the content and functionality of the Service, to better understand our users and to improve the Service;
- Communicate with individuals, including via email, text message, push notification, social media and/or telephone calls. For example, if you are a nurse, you may join our waitlist for a new product or service, or we may send you information about a position we think you may be interested in. We may also send you marketing communications to tell you more about our Service or about new product offerings. If you wish not to receive marketing communications or otherwise wish to have your name deleted from our mailing lists, please contact us as indicated below;
- Help maintain the safety, security and integrity of our property and Service, technology assets and business;
- Diagnose or fix technology problems;
- Respond to law enforcement requests and as required by applicable law, court order or governmental regulations;
- Defend, protect or enforce our rights or applicable terms of service;
- Detect and prevent fraud;
- Evaluate, negotiate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction;
- Fulfill any other purpose for which you provide personal information; and
- Comply with or as otherwise permitted by law.
We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.
OUR DISCLOSURE OF PERSONAL INFORMATION
We disclose your Personal Information as set forth below:
- Within Lume: Lume entities may disclose Personal Information to other Lume entities for purposes and uses consistent with this Privacy Notice.
- Other Users: We share Personal Information with other Users with your consent or at your direction. For example, if you are a nurse you may choose to share your Personal Information with a specific employer you are interested in working for.
- Your Employer: If you are using the Service in connection with your role as an employee or contractor of a company or other legal entity, we may share your information with such entity.
- Service Providers: Lume, like many businesses, sometimes hires other companies to perform certain business-related functions, subject to contractual terms restricting the collection, use and disclosure of Personal Information for any other commercial purpose. Examples of such functions include mailing information, maintaining databases and processing payments.
- Business Partners: We may share customer Personal Information with our business partners, such as third parties with whom we partner to provide contests, joint promotional activities or co-branded Service.
- Banking Partners, Financial Institutions, and Credit Reporting Agencies: as required by laws regulating cash advance services, or in the provision of our Services.
- Online Advertising Partners: We may also share personal information with advertising networks or permit these partners to collect information from you directly on our websites to facilitate online advertising, such as search engines and social network advertising providers to serve targeted ads to you or to groups of other users who share similar traits, such as likely commercial interests and demographics, on third-party platforms. For more information, including how to opt out of interest-based advertising, please see our Cookie Notice.
- Other Third Parties: We may disclose Personal Information to third parties who use this information to provide information or marketing messages about products or Service of interest, in accordance with their own privacy policies and terms.
Legal Requirements: Lume may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or with applicable law, court order, or governmental regulation, (ii) protect and defend the rights or property of Lume, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Third Parties in the Context of a Corporate Transaction: We may disclose Personal Information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.
Otherwise with Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their review on our Site, or service-related publications.
Our Service currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Notice whether or not a DNT signal is received.
CONTROL OVER YOUR INFORMATION
Updating Your Information
Once you have registered for an account, you may update or correct your profile information and preferences at any time by accessing your account settings page through the Site.
Deactivating Your Account
We do not delete information about you upon deactivation of your account. Although your deactivated status is reflected promptly in our user databases, we may retain the information you submit for a variety of purposes, including legal compliance, backups and archiving, prevention of fraud and abuse, and analytics. Upon deactivation, you will no longer receive emails from Lume and links to third-party financial accounts and services will automatically terminate. If you have a money transfer transaction pending at the time you deactivate your account, your link to this service from Lume will terminate but your pending transfer will continue to completion and your account with your employer will remain open.
Unsubscribing from Emails
If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to the completion of your registration, correction of user data, change of password, and other similar communications essential to your transactions through the services) by using the unsubscribe process at the bottom of any marketing email from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
Correcting Credit Reports
Information related to your creditworthiness is maintained by the credit bureaus. If you find that there is an error or you want to dispute the information found in your credit report, please contact the credit reporting bureaus.
Experian: http://www.experian.com/Transunion: https://dispute.transunion.com/ Equifax: https://www.ai.equifax.com/
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
This Privacy Notice applies only to the Service. The Service may contain links to other products and services not operated or controlled by Lume (the “Third Party Sites”), such as background check services. The policies and procedures described here do not apply to the Third Party Sites. The links from the Service do not imply that Lume endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
You may elect to use the Plaid Technologies, Inc. (“Plaid”) features in the Service. Plaid may collect your information from financial institutions, such as your bank. For more information about how Plaid may collect and use your personal information, please visit Plaid’s privacy policy at https://plaid.com/legal.
You may also use the Argyle integration in the Service. Argyle may collect payroll-related information. For more information about how Argyle may collect and use your information, please visit Argyle’s privacy policy at https://argyle.com/legal/privacy-notice.
You may also use the Spinwheel integration in the Service. Spinwheel may collect debt-related information. For more information about how Spinwheel may collect and use your information, please visit Spinwheel’s privacy policy at https://legal.spinwheel.io/end-user-privacy-policy/.
REGION-SPECIFIC DISCLOSURES
We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
- For residents of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, you are welcome to contact us if you would like to submit such a request.
CHILDREN
Our Service are not directed to, and Lume does not intend to or knowingly collect or solicit Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through or use the Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Notice by instructing their children never to provide Personal Information on the Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Lume through the Service, please contact us, and we will endeavor to delete that information from our databases.
CHANGES TO LUME’S PRIVACY NOTICE
The Service and our business may change from time to time. As a result, at times it may be necessary for Lume to make changes to this Privacy Notice. Lume reserves the right to update or modify this Privacy Notice at any time and from time to time without prior notice. If we make material changes to this Privacy Notice, we may provide notice by email, by prominently posting on this Site or our online Service, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. Please review this notice periodically, and especially before you provide any Personal Information. This Privacy Notice was last modified on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Notice shall indicate your agreement with the terms of such revised Privacy Notice.
ACCESS TO INFORMATION; CONTACTING LUME
You can contact us at [insert email] if you have any questions about Lume’s Privacy Notice or the information practices of the Service. Note that in some cases we may need additional information from you to fulfill your request or respond to your inquiry.
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COOKIE NOTICE
Last Modified: 12/16/2021
Unless otherwise expressly stated, terms in this notice have the same meaning as defined in the Privacy Notice.
SCOPE OF NOTICE - This Cookie Notice supplements the information contained in the Privacy Notice and explains how we and our business partners and service providers use cookies and related technologies in the course of managing and providing our online services and our communications to you. It explains what these technologies are and why we use them, as well as your rights to control our use of them.
In some cases, we may use cookies and related technologies described in this Cookie Notice to collect personal information, or to collect information that becomes personal information if we combine it with other information. For more details about how we process your personal information, please review the Privacy Notice.
WHAT ARE COOKIES AND RELATED TECHNOLOGIES - As is common practice among websites, our Services use cookies, which are tiny files downloaded to your computer that allow us and our third-party partners to collect certain information about your interactions with our email communications, websites and other online services, and that improve your experience. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).
WHAT WE COLLECT WHEN USING COOKIES - We and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications and Services. For example, we may collect log data about your device and its software, such as your IP address, operating system, browser type, date/time of your visit, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure usage and activity trends for our online services and better understand our customer base. We also may collect location data, including general geographic location based on IP address or more precise location data when a user accesses our online services through a mobile device.
We use the following types of cookies:
Strictly necessary cookies. These cookies enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the Services function. The legal basis for our use of strictly necessary cookies is our legitimate interests, namely being able to provide and maintain our Services.
Functionality cookies. These enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. The legal basis for our use of functionality cookies is our legitimate interests, namely being able to provide and maintain our Services.
Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors to our Services, and to see how visitors move around our Services when they are using them. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies.
Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. They are used to track visitors across our Services. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent.
HOW WE USE INFORMATION COLLECTED VIA COOKIES
We use cookies for a variety of reasons outlined below:
If you create an account with us, then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out; however, in some cases, they may remain afterwards to remember your site preferences when logged out.
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
The Services offer email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
The Services offer payment features and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
When you submit data through a form, such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
In order to provide you with a great experience on the Services, we provide the functionality to set your preferences for how the Services run when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a website page.
We use cookies to provide and monitor the effectiveness of our Services, monitor online usage and activities of our Services, and facilitate the purposes identified in the Our Use Personal Information section of our Privacy Notice.
We may also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver information about products and services that may be of interest to you.
We may also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect and view reports about the traffic on our Site. More information about the use of Google Analytics for these analytical and non-advertising purposes can be obtained by visiting Google’s privacy policy here and Google’s currently available opt-out options are available here.
Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described in our Privacy Notice.
YOUR CHOICES ABOUT COOKIES
If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionalities and features of the Services.
Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
UPDATES TO THIS COOKIE NOTICE
We will update this Cookie Notice from time to time. When we make changes to this Cookie Notice, we will change the “Effective Date” at the beginning of this notice. If we make material changes to this notice, we will notify you by prominently posting on our Services or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
CONTACT US
If you have any questions or requests in connection with this Cookie Notice or other privacy-related matters, please contact us at hello@uselume.com.
Lume
On-Demand Pay Terms of Use
Please read these terms of service (the “Agreement”) carefully and retain it for your future reference. These terms of service (the “Agreement”) contain the general terms, conditions and disclosures that govern your use of Lume On-Demand Pay (the “Advance Service”) provided by Blue Ridge Bank, N.A. (the “Bank”) in partnership with Lume Health (“Program Partner”), the program partner responsible for managing the Advance Service program.
Please read this Agreement carefully and retain it for your future reference. By requesting, accepting, or otherwise using the Advance Service, you agree to be bound by this Agreement.
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, the Program Partner acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the owner of the Account, as well as your personal representatives, executors, administrators, and successors.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 6 OF THIS AGREEMENT.
1. What Is an Advance?
If you are eligible, the Advance Service allows you to receive free advances of funds up to $1,000 (each, an “Advance”) to your Lume Deposit Account (the “Account”) to help you cover upcoming expenses or avoid having insufficient funds in your Account for a transaction. There are no costs for access to the Advance Service and any advance you choose to receive is free. Although Advances are free, you may make a voluntary payment to us called a “Tip” to express your appreciation for the Advance Service. Providing us with a Tip is entirely voluntary and does not affect your eligibility for Advances in any way.
Once you accept an Advance we offer to you, the funds will be deposited into your Account with us. You may only receive one Advance at a time. We will not offer you additional Advances if you have not fully repaid a prior Advance.
2. Your Eligibility for Advances
The Advance Service is available to United States citizens or lawful permanent residents of the fifty (50) United States who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO)], and have a valid Social Security Number or Tax Identification Number.
You must also have an Account with us and a qualifying direct deposit. A qualifying direct deposit is an ongoing electronic deposit of income from your employer (as verified through a third-party service provider) that you receive into your Account at substantially regular intervals. We determine the amount of any Advance that you are eligible for based on, among other things, your anticipated income and information about your bank account(s) with us and other financial institutions. We may change our eligibility criteria at any time with or without notice to you.
3. Advance Repayment
Each Advance is repayable in one installment. Before you are able to use the Advance Service, you will be asked to designate a bank account or debit card where you receive regular deposits of income (“Repayment Source) that you will use to repay any Advances you receive. Each time you accept an Advance, you will be required to choose or confirm the date you will repay the Advance (“Pay Back Date”) and authorize us to process an electronic debit from your Repayment Source on that date. If the Pay Back Date falls on a weekend or a holiday, we may process your payment on the next business day. You may also repay an Advance at any time by authorizing a payment through the Online Banking Services provided to you by the Program Partner (see Section 1.3 of the Lume Consumer Deposit Account Agreement).
If any payment you have authorized is returned by us or another bank, or we are otherwise unable to process a payment, we will attempt to debit your Repayment Source up to two (2) additional times. We are not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in the bank account you select as your Repayment Source. We make no warranties that an overdraft will not occur.
Notwithstanding the above, we warrant that we have no legal or contractual claim or remedy against you based on a failure to repay an Advance. We further warrant that, with respect to any Advance we provide to you, (i) we will not engage in any debt collection activities if you do not repay the Advance on the Pay Back Date; (ii) we will not place the amount of the Advance as a debt with, or sell it to, a third party; and (iii) we will not report the Advance to any consumer reporting agency. However, we will not provide you any further Advances while any amount remains unpaid under the Advance Service.
4. How to Contact Us
You may contact us with any questions or concerns regarding the Advance Service. All communication between you and us will be handled by the Program Partner. The best way to contact the Program Partner is via email at support@uselume.com. You may also contact us through the Online Banking Services.
5. Other Terms and Conditions
5.1. Our Business Days
Our business days are Monday through Friday, excluding federal holidays.
5.2. Third-Party Service Providers
We work with one or more third-party service providers, including Unit Finance Inc. (“Unit”), in connection with the Advance Service. In particular, Unit may assist us in processing transactions, handling account operations, and providing technological connections between the Program Partner and the Bank. By using the Advance Service, you license and authorize us to access information maintained by Unit and/or other third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. In particular, you agree that Unit may perform any functions related to the Advance Service that we are otherwise authorized to perform and that Unit’s access and use of your information will be governed by the terms of Unit’s Privacy Policy, available at https://www.unit.co/clients-privacy-policy.
5.3. Your Privacy
Your privacy is very important to us and we maintain a Privacy Policy that governs how we handle your data. Our Privacy Policy is available at https://www.mybrb.com/privacy-policy.html. By using the Advance Service, you agree to our use of your data according to our Privacy Policy.
5.4. Cell Phone Communications
By providing us with your telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an auto-dialer—from us and our affiliates and agents. This consent applies to all telephone numbers you provide to us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications for quality control and training purposes.
5.5. No Assignments
Your access to the Advance Service and your obligations under this Agreement are not transferable and not assignable as collateral for a loan or for any other purpose. We may transfer our rights under this Agreement.
5.6. Limitation of Liability and Disclaimer of Warranty
EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BLUE RIDGE BANK, N.A. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE OR UNIT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY LAW, BLUE RIDGE BANK, N.A. IS NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF ANY ADVANCE SERVICE PROVIDED TO YOU BY LUME HEALTH. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.
ALL BANK SERVICES AND ADVANCE SERVICE FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ADVANCE SERVICE FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
5.7. Indemnification
You agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
Equally, you agree to indemnify and hold Unit and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
5.8. Changes in Terms and Additional Services
We may change this Agreement, or any fees and features of the Advance Service, at any time by posting an amended Agreement on the Program Partner’s website, https://uselume.com and any such amendment shall be effective upon posting. We will give you advance notice of any change where required by law. We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation.
5.9. No Waiver of Rights
We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.
5.10. Conflicts and Section Headings
If there is a conflict between this Agreement and any other document or statement made to you concerning the Advance Service, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Advance Service, the separate terms and conditions applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement.
5.11. Severability
In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.
5.12. Governing Law, Forum and Time Limits
All actions relating to your Account and this Agreement will be governed by the laws and regulations of the United States and the Commonwealth of Virginia where your Account will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in the Commonwealth of Virginia and that you will be subject to such court’s jurisdiction.
Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Virginia law, or another agreement you have with us, provides for a shorter time. If federal or Virginia law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.
6. Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
6.1. Election to Arbitrate
You, Lume Health, and the Bank agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 6 (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
6.2. Applicability of the Federal Arbitration Act; Arbitrator’s Powers
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
6.3. Informal Dispute Resolution
If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email at support@uselume.com and provide us with the opportunity to resolve your concern prior to initiating arbitration.
6.4. Arbitration Procedures
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
6.5. Arbitration Fees
If we initiate arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you initiate arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
6.6. Appeals
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
6.7. No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 6.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 6.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
6.8. Survival and Severability of Arbitration Provision
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 6.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 6.7 are finally adjudicated pursuant to the last sentence of Section 6.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
6.9. Judicial Forum for Claims
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and the Bank agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the Commonwealth of Virginia. Both you and the Bank consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
6.10. WAIVER OF RIGHT TO LITIGATE
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.
LUME
PRIVACY NOTICE
Last Modified: 12/16/2021
Lume Health, Inc. (“Lume,” “we,” “us,” “our”) knows how important your privacy is. This Privacy Notice sets forth how we collect, use, disclose, and otherwise process Personal Information (as defined below) when you access and use our products and services that are made available by Lume through website, http://www.lumehealth.com (the “Site”), our mobile applications (the “App”), and our products and services, including our healthcare job search platform and personal finance products and services (“Services”). It does not address our privacy practices relating to Lume employees and other personnel.
Financial Products or Services: As part of our Service, Lume works with one or more third-party banks and their financial technology providers (individually, “Bank Partner” and together, “Banking Partners”) to make certain banking products and services available to you. When you sign up for an account with Lume, Lume may collect and use your personal information on behalf of our Banking Partners to facilitate the provision of the banking services. This Privacy Notice does not describe the privacy practices of our Banking Partners related to the financial products or services. The banking practices of our Banking Partners are subject to their privacy notices, which we suggest you review closely. To learn more about the privacy practices of our Banking Partners, please see Blue Ridge Bank’s Privacy Policy and Unit’s Privacy Policy.
WHAT IS PERSONAL INFORMATION?
When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
PERSONAL INFORMATION WE COLLECT
We collect Personal Information about different categories of individuals through the provision of our Service, including nurses, employers, partners and prospective partners, and visitors to our website. We also collect Personal Information automatically when an individual interacts with our Service. In some circumstances, we may obtain information from third parties before we have interacted with you directly (such as information that is publicly available online or that one of our business partners provides to us).
Personal Information Collected from Users of the Service
We may collect the following types of Personal Information from all Users of our Service, including visitors to our website and account holders.
- Contact Information, including name, email address, mailing address, company, phone number.
- Inquiry Information, including the content of emails you send to us or comments you post on our blog;
- Survey, Contest, Sweepstakes, or Other Promotion Information, including information provided in any questions submitted through surveys, content of any testimonials, or information submitted through your participation in one of our contests, sweepstakes, or promotions.
- Hospital Reviews and Compensation Information, including your first name and last name initial, hospital name, dates employed, unit, employment type, agency staffed by, and any other information you include in your reviews such as your compensation.
- Preferences, including newsletter preferences and communication preferences.
- Phone Communications, including any information disclosed during our calls. In compliance with applicable laws and with your consent (where required by law), we may monitor and record phone communications.
- Personal Information Automatically Collected: As is true of most digital platforms, we collect certain Personal Information automatically when you visit our website, including:
Log File Data, including internet protocol (IP) address, operating system, browser type, browser id, date/time of visit, and pages visited.
Analytics Data, including the electronic path taken to our Service, through our Service and when exiting our Service, as well as usage and activity on our Service, such as the links and objects viewed, clicked or otherwise interacted with (also known as “Clickstream Data”).
Location Data, including general geographic location based on IP address or more precise location when accessing our online Service through a mobile device.
Application Data. Some of our services offer mobile or browser applications to allow you to take advantage of our service offerings on the go and/or when visiting third-party websites and other online services. Certain of these applications also allow us to access more precise Location Data about you and collect information about your use and interactions with third-party websites and online services (including the products or services you are interested in or purchase) to better serve you.
For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices individuals may have in relation to its collection, please refer to the “Cookies” section of this Privacy Notice below.
Personal Information Collected from Banking Services Account Holders
If you are a nurse and apply for or open an account for our banking services, we may collect one or more of the following pieces of information:
- Profile Information, such as name, username and password, date of birth, location (including city, state or region), language information, profile image and any other information you choose to provide.
- Contact Information including the nurse’s name, phone number, and email address.
- Professional Information, including work experience details (such as company name, industry and professional title), educational background, professional license information, and professional certifications.
- Account Application Information, including date of birth, social security number, employer, nurse license number, credit and income information.
- Consumer Reports Information, including credit score, credit inquiries, late payments and collection actions occurring on open and closed credit accounts; transaction history, assets, and account balances; and correcting information maintained by the credit bureaus.
- Lume Account Financial Information, including the account number from our Banking Partners, account transaction history, and anything else listed in the on-demand pay agreement, VISA debit card holder agreement, and consumer deposit account agreement.
- External Financial Accounts Information, such as your banking institution information in order to facilitate the integration between your Lume account and your external banking institution (e.g. transfer money between accounts, facilitate direct deposit). Note we use third-party integrations to facilitate this feature, such as Plaid. As such, we do not retain any banking account information such as your login credentials or account information and account historical information. Rather, all such information is provided directly by you to our third-party providers. The third-party provider’s use of your personal information is governed by their privacy notices. For more information on their privacy practices:
(i) Plaid’s Consumer Privacy Policy.
(ii) Spinwheel’s End User Privacy Policy.
(iii)Argyle’s Privacy Notice.
- Payroll Information, including your salary, your payment history, the total number of hours worked, and any other information you choose to provide to us. Note this information is facilitated through third-party integrations such as Argyle, and is collected from time to time as part of the Lume account maintenance process, including, for example, when you make a cash-advance request or make any changes to your direct deposit account information. For more information in Argyle’s data processing practices please review Argyle’s Privacy Notice.
- Identifiers, including social security number, nurse license number, account number(s), driver's license number (or comparable) or other information that identifies you for ordinary business purposes.
- Access Authorization, such as username, alias, PIN and passcode and security questions and answers.
Personal information Collected from Third Party Sources
We also obtain Personal Information from third parties, and may combine this information with Personal Information we collect either automatically or directly from an individual. Third party sources of Personal Information include:
- Service Providers: We receive Personal Information from service providers that perform services solely on our behalf, such as payment processors and analytics providers.
- Business Partners: Our business partners may collect Personal Information in connection with the Service provided and may share some or all of the information with us.
- Publicly Available Sources: We collect Personal Information about individuals that we do not otherwise have, including contact information, employment-related information, and information regarding services they may be interested in, from publicly available sources. We may combine this information with the information we collect from an individual directly.
- Social Networks: When an individual interacts with our Service through social media networks, such as when someone follows us or shares our content on Twitter, LinkedIn or other social media networks, we may receive some information about the individual that the individual permits the social network to share. The data we receive depends on the individual’s privacy settings with the social network. Before linking or connecting with us on a social media network, you should always review and, if necessary, adjust your privacy settings on that network in accordance with your preferences.
- Your Employer / Company: If you engage in our Service through your employer, or company, we may receive your information from the company such as name and contact information.
- Other Third Parties: From time to time, we may receive information about you from other third parties. For example, we may obtain information from marketing partners or from third parties to enhance or supplement our existing information about an individual. We may also collect information about individuals that is publicly available. We may combine this information with the information we collect directly from individuals.
OUR USE OF PERSONAL INFORMATION
We use Personal Information we collect to:
- Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Service you have requested, and to process transactions;
- Operate, maintain and provide the features and functionality of the Service;
- Help us improve the content and functionality of the Service, to better understand our users and to improve the Service;
- Communicate with individuals, including via email, text message, push notification, social media and/or telephone calls. For example, if you are a nurse, you may join our waitlist for a new product or service, or we may send you information about a position we think you may be interested in. We may also send you marketing communications to tell you more about our Service or about new product offerings. If you wish not to receive marketing communications or otherwise wish to have your name deleted from our mailing lists, please contact us as indicated below;
- Help maintain the safety, security and integrity of our property and Service, technology assets and business;
- Diagnose or fix technology problems;
- Respond to law enforcement requests and as required by applicable law, court order or governmental regulations;
- Defend, protect or enforce our rights or applicable terms of service;
- Detect and prevent fraud;
- Evaluate, negotiate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction;
- Fulfill any other purpose for which you provide personal information; and
- Comply with or as otherwise permitted by law.
We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.
OUR DISCLOSURE OF PERSONAL INFORMATION
We disclose your Personal Information as set forth below:
- Within Lume: Lume entities may disclose Personal Information to other Lume entities for purposes and uses consistent with this Privacy Notice.
- Other Users: We share Personal Information with other Users with your consent or at your direction. For example, if you are a nurse you may choose to share your Personal Information with a specific employer you are interested in working for.
- Your Employer: If you are using the Service in connection with your role as an employee or contractor of a company or other legal entity, we may share your information with such entity.
- Service Providers: Lume, like many businesses, sometimes hires other companies to perform certain business-related functions, subject to contractual terms restricting the collection, use and disclosure of Personal Information for any other commercial purpose. Examples of such functions include mailing information, maintaining databases and processing payments.
- Business Partners: We may share customer Personal Information with our business partners, such as third parties with whom we partner to provide contests, joint promotional activities or co-branded Service.
- Banking Partners, Financial Institutions, and Credit Reporting Agencies: as required by laws regulating cash advance services, or in the provision of our Services.
- Online Advertising Partners: We may also share personal information with advertising networks or permit these partners to collect information from you directly on our websites to facilitate online advertising, such as search engines and social network advertising providers to serve targeted ads to you or to groups of other users who share similar traits, such as likely commercial interests and demographics, on third-party platforms. For more information, including how to opt out of interest-based advertising, please see our Cookie Notice.
- Other Third Parties: We may disclose Personal Information to third parties who use this information to provide information or marketing messages about products or Service of interest, in accordance with their own privacy policies and terms.
Legal Requirements: Lume may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or with applicable law, court order, or governmental regulation, (ii) protect and defend the rights or property of Lume, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Third Parties in the Context of a Corporate Transaction: We may disclose Personal Information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lume assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Lume about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.
Otherwise with Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their review on our Site, or service-related publications.
Our Service currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Notice whether or not a DNT signal is received.
CONTROL OVER YOUR INFORMATION
Updating Your Information
Once you have registered for an account, you may update or correct your profile information and preferences at any time by accessing your account settings page through the Site.
Deactivating Your Account
We do not delete information about you upon deactivation of your account. Although your deactivated status is reflected promptly in our user databases, we may retain the information you submit for a variety of purposes, including legal compliance, backups and archiving, prevention of fraud and abuse, and analytics. Upon deactivation, you will no longer receive emails from Lume and links to third-party financial accounts and services will automatically terminate. If you have a money transfer transaction pending at the time you deactivate your account, your link to this service from Lume will terminate but your pending transfer will continue to completion and your account with your employer will remain open.
Unsubscribing from Emails
If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to the completion of your registration, correction of user data, change of password, and other similar communications essential to your transactions through the services) by using the unsubscribe process at the bottom of any marketing email from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
Correcting Credit Reports
Information related to your creditworthiness is maintained by the credit bureaus. If you find that there is an error or you want to dispute the information found in your credit report, please contact the credit reporting bureaus.
Experian: http://www.experian.com/Transunion: https://dispute.transunion.com/ Equifax: https://www.ai.equifax.com/
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
This Privacy Notice applies only to the Service. The Service may contain links to other products and services not operated or controlled by Lume (the “Third Party Sites”), such as background check services. The policies and procedures described here do not apply to the Third Party Sites. The links from the Service do not imply that Lume endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
You may elect to use the Plaid Technologies, Inc. (“Plaid”) features in the Service. Plaid may collect your information from financial institutions, such as your bank. For more information about how Plaid may collect and use your personal information, please visit Plaid’s privacy policy at https://plaid.com/legal.
You may also use the Argyle integration in the Service. Argyle may collect payroll-related information. For more information about how Argyle may collect and use your information, please visit Argyle’s privacy policy at https://argyle.com/legal/privacy-notice.
You may also use the Spinwheel integration in the Service. Spinwheel may collect debt-related information. For more information about how Spinwheel may collect and use your information, please visit Spinwheel’s privacy policy at https://legal.spinwheel.io/end-user-privacy-policy/.
REGION-SPECIFIC DISCLOSURES
We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
- For residents of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, you are welcome to contact us if you would like to submit such a request.
CHILDREN
Our Service are not directed to, and Lume does not intend to or knowingly collect or solicit Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through or use the Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Notice by instructing their children never to provide Personal Information on the Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Lume through the Service, please contact us, and we will endeavor to delete that information from our databases.
CHANGES TO LUME’S PRIVACY NOTICE
The Service and our business may change from time to time. As a result, at times it may be necessary for Lume to make changes to this Privacy Notice. Lume reserves the right to update or modify this Privacy Notice at any time and from time to time without prior notice. If we make material changes to this Privacy Notice, we may provide notice by email, by prominently posting on this Site or our online Service, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. Please review this notice periodically, and especially before you provide any Personal Information. This Privacy Notice was last modified on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Notice shall indicate your agreement with the terms of such revised Privacy Notice.
ACCESS TO INFORMATION; CONTACTING LUME
You can contact us at [insert email] if you have any questions about Lume’s Privacy Notice or the information practices of the Service. Note that in some cases we may need additional information from you to fulfill your request or respond to your inquiry.
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COOKIE NOTICE
Last Modified: 12/16/2021
Unless otherwise expressly stated, terms in this notice have the same meaning as defined in the Privacy Notice.
SCOPE OF NOTICE - This Cookie Notice supplements the information contained in the Privacy Notice and explains how we and our business partners and service providers use cookies and related technologies in the course of managing and providing our online services and our communications to you. It explains what these technologies are and why we use them, as well as your rights to control our use of them.
In some cases, we may use cookies and related technologies described in this Cookie Notice to collect personal information, or to collect information that becomes personal information if we combine it with other information. For more details about how we process your personal information, please review the Privacy Notice.
WHAT ARE COOKIES AND RELATED TECHNOLOGIES - As is common practice among websites, our Services use cookies, which are tiny files downloaded to your computer that allow us and our third-party partners to collect certain information about your interactions with our email communications, websites and other online services, and that improve your experience. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).
WHAT WE COLLECT WHEN USING COOKIES - We and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications and Services. For example, we may collect log data about your device and its software, such as your IP address, operating system, browser type, date/time of your visit, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure usage and activity trends for our online services and better understand our customer base. We also may collect location data, including general geographic location based on IP address or more precise location data when a user accesses our online services through a mobile device.
We use the following types of cookies:
Strictly necessary cookies. These cookies enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the Services function. The legal basis for our use of strictly necessary cookies is our legitimate interests, namely being able to provide and maintain our Services.
Functionality cookies. These enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. The legal basis for our use of functionality cookies is our legitimate interests, namely being able to provide and maintain our Services.
Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors to our Services, and to see how visitors move around our Services when they are using them. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies.
Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. They are used to track visitors across our Services. If you are accessing our Services with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent.
HOW WE USE INFORMATION COLLECTED VIA COOKIES
We use cookies for a variety of reasons outlined below:
If you create an account with us, then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out; however, in some cases, they may remain afterwards to remember your site preferences when logged out.
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
The Services offer email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
The Services offer payment features and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
When you submit data through a form, such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
In order to provide you with a great experience on the Services, we provide the functionality to set your preferences for how the Services run when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a website page.
We use cookies to provide and monitor the effectiveness of our Services, monitor online usage and activities of our Services, and facilitate the purposes identified in the Our Use Personal Information section of our Privacy Notice.
We may also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver information about products and services that may be of interest to you.
We may also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect and view reports about the traffic on our Site. More information about the use of Google Analytics for these analytical and non-advertising purposes can be obtained by visiting Google’s privacy policy here and Google’s currently available opt-out options are available here.
Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described in our Privacy Notice.
YOUR CHOICES ABOUT COOKIES
If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionalities and features of the Services.
Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
UPDATES TO THIS COOKIE NOTICE
We will update this Cookie Notice from time to time. When we make changes to this Cookie Notice, we will change the “Effective Date” at the beginning of this notice. If we make material changes to this notice, we will notify you by prominently posting on our Services or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
CONTACT US
If you have any questions or requests in connection with this Cookie Notice or other privacy-related matters, please contact us at hello@uselume.com.
