Subject to Change Without Notice
Rev. 22/Julio/2019

Introduction

This is an agreement between you or the entity that you represent (hereinafter “User”, “you” or “your”) and Luca, LLC, including its subsidiaries or related/affiliated entities (hereinafter the “Company”) governing your use of our websites and services (“Services“).

We welcome you (“you” or the “user”) as an employee, merchant, or private individual, and we encourage you to join our community. Before you participate, however, we ask that you please read and agree to the following Terms and Conditions (“Terms of Use”).

Terms of Service

These Terms of Use together with the Intellectual Property Policy, the Privacy Policy, the Cookie Statement and the Membership Agreement, if any, (collectively the “Terms”) govern your use of this Site, the social media and the Company Apps (collectively the “Site”). The Company may change the Terms from time to time. Your access to the Site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these Terms, you may not use the Site.

The Company reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Site may be subject to your acceptance of separate agreements with the Company or third parties.

License and Site Access

The Company grants you a limited license to access and make personal use of the Site. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of the Company. The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to the Company that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. The Company does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. If you violate any of these Terms, your permission to use the Site automatically terminates.In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, the Company has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.

Mobile Devices

Use of the Services may be available through compatible mobile devices and may require a data plan. You agree that you are solely responsible for any such requirements, including any applicable fees as well the terms of your agreement with your mobile device service provider.

You understand and agree that not all the features and functionality may be available on compatible mobile devices.

You further understand and agree that access to the Site is subject to your mobile device service provider network availability and the Company is not responsible for the availability of services from your provider, including any loss, damage, error, or failure to transmit.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
You are responsible for providing, at your expense, any access to the Internet and any required equipment.
Conduct

By using the Site you agree that you will not do any of the following:

  1. Restrict or inhibit any other user from using and enjoying the Site; or
  1. Post or transmit any political, unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
  2. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Company) or engage in spamming or flooding; or
  1. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
  1. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
  1. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.


The Company has no obligation to monitor the Site. However, you acknowledge and agree that the Company has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. The Company will not intentionally monitor or disclose any private electronic-mail message unless required by law. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.


Feedback

The Company may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services (“Feedback”). You agree that the Company may, in its sole discretion, use the Feedback you provide in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant the Company a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.


Third Party Services 

In connection with your use of the Site, you may be made aware of services, products, offers and promotions provided by third parties, and not by the Company. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not the Company, is responsible for the performance of the Third Party Services.


Third Party Web Sites

The Site may contain or reference links to Web sites operated by third party (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under the control of the Company. The Company is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. The Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by the Company of any information contained in any Third Party Website. In no event will the Company be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at User’s own risk, and User acknowledges and understands that linked Third Party Websites may contain terms and privacy policies that are different from those of the Company. The Company is not responsible for such provisions, and expressly disclaims any liability for them. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Company or relating to any applications you use or install from the Company.

Additional Terms

Professional Advice

The Company does not give professional advice in any of its services. Unless specifically included with the Services, the Company is not in the business of providing legal, financial, accounting, tax, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.


Disclaimer of Warranties

Your use of the Site, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. THE COMPANY DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. THE COMPANY IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

 

Limitation of Liability

THE ENTIRE CUMULATIVE LIABILITY OF THE COMPANY AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM THE COMPANY, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE COMPANY WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.

 

Termination and Amendment

Your privilege to use or access the Site may be terminated by the Company immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that the Company reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that the Company may exercise this right in its sole discretion.


The Company reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). The Company shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein. It is your sole responsibility to check the Site, you signify your agreement to our revisions to these Terms of Use.


You agree to defend, indemnify and hold the Company and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.

 

Governing Law

The Terms will be governed by Commonwealth of Puerto Rico law as applied to agreements entered into and to be performed entirely within Puerto Rico, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable foreign or federal law. The parties hereby consent to the exclusive jurisdiction and venue in the courts in Puerto Rico, or federal court for the District of Puerto Rico.

Headings

Headings are included for convenience only and shall not be considered in interpreting these Terms. The Terms do not limit any rights that the Company may have under trade secret, copyright, trademark, patent or other laws.

Miscellaneous

Except as expressly set forth in these Terms, these Terms are a complete statement of the agreement between you and the Company, and set forth the entire liability of the Company and its Suppliers and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms, the Privacy Policy, Intellectual Property Policy or Cookie Statement, these Terms and Conditions shall prevail. 

The Suppliers, agents, distributors, dealers, and employees of the Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on the Company. Any waiver of the terms herein by the Company must be in a writing signed by an authorized officer of the Company and expressly referencing the applicable provisions of the Terms.

If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY, LEGAL STATEMENT, COOKIE STATEMENT, AND LICENSE AGREEMENT, IF ANY, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Thank You!

We appreciate your taking the time to read these Terms, and we are very happy to have you using our Site.

Subject to Change Without Notice
Rev. 22/Julio/2019

In this document we describe how we collect, use and handle your information when you use our websites and services (“Services“).

At LUCA, LLC, including its subsidiaries or related/affiliated entities (collectively the “Company”, “we”, “us”, or “our”), we value your trust and respect your privacy.

The Company strives to support users like you by offering our Services, while respecting your privacy expectations and protecting your Personal Information.

By “Personal Information” or “Business Information” (collectively the “Personal Information”), we mean information about an identifiable individual or business such as a person’s name, email address, residential address, telephone number, and in some cases, more sensitive information such as but not limited to gender, demographic, and payment card information, among other.

In some instances, we may receive information about you from other sources, or third parties from whom we obtain data, and combine this data with information we already have about you or your business. This helps us to update, expand, analyze our records, among other.

To demonstrate our commitment to protecting your privacy, we have developed this Privacy Policy, which describes how we will collect, use, disclose, retain and protect Personal Information in order to provide you with our Services offered and maintained by us and our affiliates from time to time. This Privacy Policy applies to all domains of which are owned and operated by the Company.

WHEN REGISTERING FOR USER ACCOUNT OR OTHERWISE USING THE SITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO COMPLY WITH THIS POLICY. PLEASE READ THIS POLICY CAREFULLY AS IT DESCRIBES OUR PRIVACY POLICIES AND PRACTICES. IF YOU DO NOT AGREE WITH OUR PRIVACY POLICIES AND PRACTICES, DO NOT USE THE SITE.

THIS POLICY MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE.

Scope

For the purposes of this Privacy Policy, the term “Site” means this website, and all Apps, software, related webpages, social media, and related websites operated by affiliates or divisions of the Company, but does not include any third-party websites which are linked to or may link from this website whether or not such third-party websites are used in connection with the Services. “Company Apps” means the Site and other applications which provide access to the Services offered by the Company and its affiliates from time to time. When this Policy does not apply, you should read the applicable privacy policy and related terms posted on the website, application, or other service you are using before providing them with your information.

Accountability

The Company has designated a Designated Agent who is responsible, for receiving your privacy-related questions, and for providing you with information about our privacy practices.

Company Designated Agent:

Edil Sánchez González

esanchez@carrionsanchez.com

400 Rafael Lamar Street

Urb. Ext. Roosevelt, San Juan, P.R. 00918

Identifying Purposes

The Company collects, uses, and discloses Personal Information only for the purposes of providing you with our Services and for such other ancillary purposes consented to by you as a user.

Personal Information: How Do We Use Your Personal Data?

We process Personal Data to operate, improve, understand and personalize our Services. More specifically, the Company collects, uses and discloses information (which may include Personal Information) for the following purposes:

  1. To provide you with our Services.
  2. To create and manage user profiles.
  3. To promote or offer you products, services and offers (including new and other Services which are offered by us, our sponsors and partners) that may be relevant to you and your business.
  4. To contact you for the purposes of product information, service updates, notifications relating to the Services, newsletters and tailored savings opportunity messages.
  5. To monitor system usage, server and software performance, to improve system design, to create benchmarks and to conduct trending analyses.
  6. To provide support and assistance for the Services. To assist you with technical support issues. It is important to remember that most technical issues can be resolved without a Company customer service representative viewing your Personal Information.
  7. To process orders.
  8. To personalize website content and communications based on your preferences.
  9. To respond to user inquiries.
  10. To fulfill user requests.
  11. To meet contract or legal obligations.
  12. To comply with any laws, regulation, court orders, subpoenas or other legal process or investigation and to protect ourselves and other individuals from harm.
  13. To assist in due diligence relating to any corporate action such as a financing, merger, amalgamation, sale or divestiture, provided that reasonable safeguards are taken to protect the confidentiality of Personal Information in our possession.
  14. To resolve disputes.
  15. To protect against or deter fraudulent, illegal or harmful actions.
  16. To enforce our Terms and Conditions, Intellectual Property Policy, Cookies Policy, Forum Rules, and Service Agreement (collectively, the “Legal Documents”)

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity: We process your first and last name, email address, location and credit/debit card information as a matter of “contractual necessity”, meaning that we need to process the data to perform under our “Legal Documents” with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

Legitimate Interest: We also process the Personal Data above when we believe it furthers our legitimate interests, examples of which include:

  • Operation and improvement of our business, products and services
  • Marketing of our products and services
  • Marketing third party products and services
  • Provision of customer support
  • Protection from fraud or security threats
  • Compliance with legal obligations
  • Completion of corporate transactions

Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Consent

We collect Personal Information directly from you or other third parties. We use and disclose the Personal Information only as described in this policy and our “Legal Documents”.

Withdrawing your consent will not apply to actions the Company has already taken based on your prior consent.

In order to use certain Services, you may be required to provide personal information relating to yourself and your employees, agents, contractors and representatives from time to time. You acknowledge, and represent to us that you only collect, use and disclose personal information in compliance with applicable privacy laws. You further represent and warrant to us that you have obtained all required consents from your employees, agents, contractors and representatives whose personal information will be disclosed to us or to our third-party service providers in connection with the Services. You further agree to indemnify and hold the Company, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees (collectively, the “Parties”), harmless for any loss, cost, complaint, damage, claim or liability whatsoever arising from your collection, use and disclosure of personal information relating to your employees, agents, contractors and representatives.

Collection of personally-identifiable information

The Company must collect some of your personally-identifiable information to provide, support, improve, and market the Site and the Company’s Content to you. Some of the ways that the Company may collect such information include information that you provide to the Company directly, information about you that the Company automatically collects from log data, IP addresses, and aggregated user data, cookies and similar technologies, and information that you give the Company about your contacts, and your chat histories, if applicable. The Company will only use your personally-identifiable information when the law allows the Company to do so and in the ways described in this Privacy Policy.

The Company collects, processes, stores, and transfers personally-identifiable information that you submit through the Site and its other services and Content, including:

  • Information You Provide to Us. We receive and store any information you knowingly provide to us. For example, we collect Personal Information such as your name, email address, and username. We may anonymize your Personal Information so that you cannot be individually identified and provide that information to our partners.

If you have provided us with a means of contacting you, we may use such means to communicate with you. For example, we may send you promotional offers or communicate with you about your use of the Services. Also, we may receive a confirmation when you open a message from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by following the unsubscribe link provided in each e-mail. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.

  • Business Information. This includes information provided in the course of the contractual or client relationship between you or your organization and us, or otherwise voluntarily provided by you or your organization.
  • Marketing and Communications Preferences. These include your preferences in receiving marketing from us and third parties and your communication preferences. We offer you control over the various types of optional communications made available by us to you, including opt-in and opt-out capabilities. At times, you also will receive mandatory communications from our Site when we deliver the services and Content that you request or need to advise you of important notices about the Site. In such cases, your only option for opting out of mandatory communications is to cancel your user account with us.
  • Contact Information, Feedback, and Inquiries. When you submit feedback to us, contact us for support, or ask us questions, we may collect your first and last name, email address, telephone number, and/or other contact information in order to respond to your feedback, provide support, or answer your questions. This includes records and copies of your correspondence (including email addresses and phone numbers) with us, if any.

Information Collected Automatically. Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. Our advertising partners may also transmit cookies to your computer or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

Special Categories of Information and Sensitive Data. We may require that you provide any special categories of personal data and information in order to access and use our Site. Sensitive Personal Data and Information is generally defined by law to include details about your race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health, and/or genetic and biometric data and the collection of such data and information subject to certain protections. We also do not intentionally collect or require any information from you about criminal convictions and offences and request that you do not provide it to us. You should only share Sensitive Personal Data and Information with trusted persons. We are not liable for any harm or loss whatsoever occurring as a result of your decision to share such data with us or third parties via the Site. Notwithstanding the foregoing, we may use Sensitive Personal Data and Information we receive to comply with lawful user requests and to enforce our “Legal Documents”, which may include deleting any Sensitive Personal Data and Information you submit that is deemed unlawful or unnecessary for your access and use of the Site.

Other things you should know. We reserve to right to remove, at our sole discretion, any information (such as usernames, profile pictures, names, etc.) that you provide when you register for or use the Site or any services therein, if we believe it is inappropriate or violates our “Legal Documents”. We have feedback functionality on the Site that allows you to submit comments or suggestions. We may collect your name or username and email address in order to follow up with you or thank you for a suggestion.

How and With Whom Do We Share Your Data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in the “Legal Documents”. These parties include:

  • Payment processors
  • Fraud prevention service providers
  • Ad networks and partners
  • Analytics service providers
  • Hosting service providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested, including to other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our users, for example to enforce our “Legal Documents”, prevent spam or other unwanted communications and investigate or protect against fraud
  • Maintain the security of our products and services

We also may share information with third parties without your prior consent.

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data?

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation, such as marketing purposes.

What Security Measures Do We Use?

We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity, including by using data hosting service providers to host the information we collect.

Accessing, Updating, and Deleting Your Personal Information

Absent exceptional circumstances, we offer you reasonable access to and control over your personal data at any time, at no charge. Please inform yourself of your rights by reviewing the list below. You may use the “Contact Us” details at the end of this Policy to exercise your rights and choices.

We try to respond to all legitimate requests regarding your personal information within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In such cases, we will notify you and keep you updated. The timeframes described here do not apply to our response times for addressing ordinary customer service and support requests unrelated to the exercise of personal information access rights.

Although we uses commercially reasonable efforts to provide individuals with access to their personal information and to respond to their requests, there may be circumstances in which we need to ask you for more information to identify your account and may ask you to demonstrate your identity or we may be unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

1. Request of access. You have the right to request a copy of the personal data that we hold about you, as well as to inquire about the origin, recipients, and purposes of that data. There are certain exceptions to this right, however, so that we may deny access to you as required by law or to protect the legal rights of others.

2. Request correction. You have the right to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Our goal is to keep your personal information accurate, current and complete. Please contact us if you believe your information is not accurate or changes. You may edit some of your account information via the Site.

3. Right to Erasure and Deletion of Your Personal Information. You may have a legal right (for instance, if you are located in the EU or EEA under the GDPR) to request that we delete your personal information when it is no longer necessary for the purposes for which it was collected, or when, among other things, your personal information has been unlawfully processed.

We also may decide to delete your personal information if we believe it is incomplete, inaccurate or that our continued storage of your personal information is contrary to our legal obligations or business objectives. When we delete personal information, it will be removed from our active servers and databases and our Services, but it may remain in our archives when it is not practical or possible to delete it. We may also retain your personal information as needed to comply with our legal obligations, resolve disputes, or enforce any agreements, such as limited information about your device that may be retained for the purposes of fraud detection and enforcement of our “Legal Documents”.

4. Right to Object. In certain circumstances, as permitted under applicable law, you have the right to object to processing of your personal information and to ask us to erase or restrict our use of your personal information. If you would like us to stop using your personal information, please contact us and we will let you know if are able to agree to your request.

5. Right to Portability. You have the right to request that some of your personal data is provided to you or an authorized third party in a commonly-used, machine-readable format (such as .txt). If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

6. Right to Withdraw Consent. If you have provided your consent to the collection, processing and transfer of your personal information, you have the right to fully withdraw your consent. We attempt to comply with all reasonable and legitimate requests. As discussed above, you may modify the permissions and settings on your device and the Site to limit access to certain information. To withdraw your consent with respect to emails and other communications from us, please notify us or follow the opt-out links available in the communications sent to you. Once we have received notice that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Withdrawal of consent to receive marketing communications will not affect the processing of personal information for the provision of our Services. However, changing the permissions and settings on your device or within the Site may cause certain features of the Site to stop functioning.

7. Updating Your Personal Information. If any of the personal information you have provided to us changes, please let us know. For instance, if your email changes, you wish to cancel any request you have made of us, or if you become aware of inaccurate personal information about you, please contact us to update your information. You may edit your account information via the Site.

We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Limiting Collection

The Company limits the collection of Personal Information by collecting only the information required to fulfill the identified purposes. We will collect only the minimum amount of information required to facilitate the Services. However, we may provide you with the option of sharing additional information to enhance your use of the Services. We will share your personal information with third parties only in the ways that are described in this privacy statement.

You may in connection with some but not all of our Services have the ability to allow others (Guest Collaborators) access to your account. Note that by providing Guest Collaborators access to your account, you will also be providing the Guest Collaborator access to any Personal Information in your account. While the Guest Collaborator must agree to our “Legal Documents”, we take no responsibility for any collection, use or disclosure of your Personal Information by your Guest Collaborator. It is your responsibility to ensure that your Guest Collaborator complies with privacy standards that are no less stringent than our own.

When you use certain Services, you have the option to share information with other accounts you have signed up for. You may choose from time to time to connect the Company with other third-party service providers in order to utilize these services in conjunction with the Company Apps. Purposes may include saving copies of records, importing data from external sources, communications with third parties, and conducting payment and direct deposit functions, among others. In such instances, your account and password credentials and other required information in respect of such third-party service may be stored by the Company for the purpose of providing this service.

Limiting Use, Disclosure and Retention

The Company will not use or disclose Personal Information for purposes other than the identified purposes of the Services or such other purposes which we identify from time to time.

We also ensure that only those employees responsible for the Services’ operations have physical or technical access to Personal Information and only where such access is required to perform work authorized by their supervisors.

We retain all Personal Information provided by you on secure servers, as do our third-party partners and service providers. This data will be subject to the laws of the relevant jurisdictions. Our third-party service providers, including financial institutions, have their own “Legal Documents” that will govern your relationship with these third parties. You are responsible for reviewing and agreeing to these “Legal Documents”. If you do not agree with these “Legal Documents” you should not use the services offered by such third-party service providers.

In the future we may collect information, including Personal Information, to enable you to access services provided by our third-party partners and service providers. You will be subject to the “Legal Documents” of these third-party service providers. You are responsible for reviewing and agreeing to these “Legal Documents”. If you do not agree with the “Legal Documents” you should not use the services offered by such third-party service providers.

When the Company services some data is cached in the memory of the device. If the application is put in the background without closing, the data may remain in the cache. We take no responsibility for any unauthorized viewing of this data by third parties.

Children’s Privacy

The Services are not directed to, nor do we knowingly collect personal information from minors under 18 years of age or the locally-applicable legal age of majority. If you learn that a minor has provided us with personal information without a lawful guardian or parent’s lawful consent, you may alert us at info@lucacenter.com. If we learn that we have unlawfully collected any personal information from minors under 18, we will promptly take steps to delete such information and terminate the minor’s user account.

Accuracy

The Company relies on you to ensure that the Personal Information you provide to us while using the Services is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. Upon request the Company will provide you with information about whether we hold any of your personal information. You are welcome to make changes, request deletion or corrections to Personal Information at any time by contacting us at the contact information listed below. We will respond to your request within a reasonable timeframe.

We also make every effort to ensure the accuracy of the information in our reports, displays, articles and support queries. However, you must verify all information created from your use of the Services and we recommend that you consult a professional before completing any government or regulatory filing or otherwise relying upon the information, as the use of this information is at your own risk.

You are responsible for ensuring that the information you have provided is truthful, accurate, reliable and complete.

Safeguards

The Company implements industry best practices appropriate to the sensitivity of your Personal Information. We use administrative, technical, and physical safeguards to protect your Personal Information against loss, theft, and unauthorized access, use, disclosure, copying, modification, disposal, or destruction in accordance with applicable legal requirements and industry best practices.

We ensure that any third party acting on our behalf in respect of your Personal Information maintains reasonable and appropriate safeguards. For example, these third parties classify customer account data as “super sensitive”. This means that access to such data is strictly limited based on business need and this data cannot be transmitted without the use of approved encryption methods.

Payment Card Information

To ensure the security of your and your customers’ credit card data, the Company does not store credit card numbers.

No method of transmission over the internet or method of electronic storage is 100% secure. Therefore while we do protect your information, we cannot guarantee its absolute security. If you have questions about security on our Site, you can contact us through the “Contact Us” section.

Openness

The Company makes clear and transparent notice of its privacy practices publicly available. Our notices describe the collection, use, disclosure, and protection of Personal Information and provide the contact information of our privacy contact person.

The Company will advise you at the first reasonable opportunity upon discovering or being advised of an incident where your personal information is lost, stolen, accessed, used, disclosed, copied, modified or disposed of by unauthorized persons or in an unauthorized manner.

Additional Features

The Company Apps may offer publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We take no responsibility for any information which you or your employees, agents, contractors and representatives post or publish on the Company Apps and you agree to indemnify and hold Luca harmless for any loss, cost, complaint, damage, claim or liability whatsoever arising from any such post or publication.

Some of the functionality of the Services and the Company Apps interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties. We may collect Personal Information from these third party APIs to the extent you authorize us to do so, and our collection, use and disclosure of that Personal Information will be governed by this privacy policy.

Our Site may include links to other websites whose privacy practices may differ from those of the Company. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Behavioral Targeting/Re-Targeting

We may partner with a third party to either display advertising on our Site or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.

Agents/Service Providers

The Company uses third-party email services providers in order to provide certain services to help us run our operations, including, without limitation, for purposes of delivering emails to you. If required, we will disclose your personal information to these service providers to the extent required by us to receive these services.

Notification of Privacy Policy Changes

We may update this privacy policy to reflect changes to our information practices without prior notification. You are bound by any changes to the Privacy Policy when you use the Services after such changes have been first posted. We encourage you to periodically review our Privacy Policy for the latest information on our privacy practices.

Subject to Change Without Notice
Rev. 22/Julio/2019

Trademark Information

Trademark Information and Restrictions

LUCA, LLC brands (“LUCA”) trademarks are valuable assets of the company and are legally protected in Puerto Rico and the United States. This site provides general guidelines regarding the proper, permitted and prohibited use of LUCA ‘s trademarks. This site does not constitute a license, legal opinion, or legal advice, and is subject to change without notice. Marks not owned by LUCA are the property of their respective holders.

Reservation of Rights

LUCA, including its subsidiaries or related/affiliated entities (hereafter individually and collectively referred to as the “Company”), reserves all rights with respect to its trademarks, service marks, logos, trade names, trade dress and other indicia (“Marks”). The Company does not routinely accept or review specific requests for guidance on the use of its Marks. Any unauthorized use or any use of a mark that is confusingly similar to, or likely to cause confusion, would constitute infringement of Companys exclusive trademark rights. This document does NOT constitute any form of license to use any of the Company-owned Mark. No Company employee is authorized to provide guidance on the use of Company -owned Marks, nor to give permission to use any Company -owned Mark, except by formal written license agreement published by the Company (e.g., through one of its membership programs) or signed by the president or an authorized director. Any promise, agreement, guidance or other representation by any Company employee (other than by a formal license as described herein) is invalid and cannot be relied upon. If you have questions about the laws surrounding the use of Company’s Marks, or any other parties’ marks, you should consult a qualified attorney.

Referential Use Only

You may make purely referential use of Company-owned Marks as described in this section, but you should consult your own legal counsel on what does or does not constitute proper referential or nominative fair use of another company’s marks, and what may constitute an unauthorized or infringing use. When referencing Company-owned Marks, use of the Company corporate logo, product logos or box designs is NOT allowed without a written license from Company. Referential uses of Company-owned Marks must only be made in plain text.

Plain-text use of Company’s Marks in commercial contexts may only be made for purposes like describing the ability to train others on the use of Company products (in the case of such services) or true, factual statements as to the nature of any relationship with the Company, where one exists. Any use of Companys Marks or of statements that imply endorsement, affiliation, certification or other relationship – where none exists – are strictly prohibited. There may be situations where it would be appropriate for you to state in your marketing materials, or on packaging for your own offerings, that your product or service is “for use with” or is “designed to work with” or “compatible with” a Company product. Please consult a qualified attorney if you have questions about proper nominative fair use of Companys Marks.

Use of Company’s Marks within your companies’ product names, service names, company/trade names, DBA’s, domain names or other indicia is strictly prohibited.

Trademark Symbols and Legends

Referential use of Company’s Marks should include the proper trademark symbol(s). Where possible, Company requests that those who make reference to Company’s products with their associated Marks also provide a short ownership attribution statement somewhere within those materials. Typically, the attribution statement is displayed at the end of the material, in the footer of the document or website and should read: LUCA CENTER, LUCA’S logo,

*, are trademarks or registered trademarks of LUCA, LLC. Any use without the express written consent of LUCA, LLC is forbidden.

Proper Form — Usage as Adjectives

Trademarks are adjectives and should generally be used in connection with the generic nouns they modify. For instance, the word “software,” or similar term, should immediately follow the referential use of the Mark “LUCA software” in at least the first or most prominent instance where the Mark is displayed. The generic noun — which the Mark modifies — may be omitted in successive, multiple mentions of the Mark in a single section or page of text.

Since Company’s Marks are adjectives, they should not be used as nouns or verbs.

Some Commonly-Referenced Marks and Proper Symbol Placement

This list of some Company-owned Marks is by no means an exhaustive list and does not in any way limit the number of Marks in which the Company claims ownership or the scope of Company’s claims. This list merely provides a guide to proper symbol placement and spelling for some of Company’s Marks.

  • LUCA
  • LUCA CENTER

Other parties’ marks are the property of their respective owners.

Patent Information

Patents

Features and services within the Company products may be the subject matter of pending and issued patents.

Permissions Policy

Screen Shots

Screen shots are the individual screen displays contained within Company applications and online services. You may make fair use of a limited number of screen shots for purely educational or illustrative purposes (e.g., educational guides, how-to books, training presentations, product reviews, etc.) provided you adhere to the following guidelines:

  1. Your use may not directly or indirectly state or imply sponsorship, affiliation, or endorsement of your product or service by/with the Company.
  2. You may not alter the screen shot in any way except to resize the screen shot in direct proportion to the original. Screen shots must be reproduced in their entirety.
  3. You may add commentary or other text analysis as long as it is very clearly attributable to you, and not to the Company.
  4. You may not use screen shots from the Company products or other products that are subject to non-disclosure obligations and/or that have not yet been commercially released by the Company.   
  5. You may not use screen shots that contain third-party content unless you separately seek and obtain permission from such third party to display its content.
  6. You must include the following copyright attribution statement on all materials containing the Company screen shots: “Reprinted with permission © LUCA, LLC All rights reserved.”
  7. If your materials include references to a Company product, the full name of the product with corresponding trademark symbol should be shown in plain text at the first and/or most prominent mention in such materials. When referencing any Company trademarks, please make sure your use complies with Company’s Trademark Restrictions.
  8. Your use of Company’s screen shots may not be incorporated into political, obscene or pornographic material, and may not, in Company’s sole opinion, be disparaging, defamatory, or libelous to the Company, any of its products, or any other person or entity.
  9. Your materials should not be mostly or solely composed of Company screen shots or other Company intellectual property. If Company screen shots or other Company intellectual property would represent the majority of the material you wish to reproduce and/or distribute, you should first write to the Company seeking permission before publishing or distributing such content. Requests must be in writing and should be sent to the Company via the “Contáctenos” section. 

If your use meets all the above criteria, no written permission is required. All other use of the Company screen shots requires prior written permission from the Company, including but not limited to any proposed use of screen shots in or for advertising, video, television, movies or commercials. If further written permission is required, please send a letter detailing your request to the Company via the “Contáctenos” section. Please allow a minimum of two (2) weeks for your request to be processed.

 Company-Authored User Guides

Company does not object to your use of short portions of Company-Authored user guides for
purely educational/instructional purposes only, provided you adhere to all of the following guidelines:

  1. Your use may not directly or indirectly imply sponsorship, affiliation, or endorsement of your product or service by/with the Company.
  2. You may reproduce no more than one chapter or other major section of any product user guide, and such chapter may only be distributed to your students or clients for educational purposes. The Company copyright page of any corresponding product user guide must accompany such copied chapter, and you may not hold yourself out as being the author of such material. 
  3. You may not separately sell for a profit any portion of any Company-authored user guide.
  4. You may not alter a Company-authored user guide or any material contained therein in any way.
  5. Your use may not be incorporated with or into any political, obscene or pornographic material, and may not be disparaging, defamatory, or libelous to the Company, any of its products, or any other person or entity.

If your use meets the above criteria, no written permission is required. All other use of Company-Authored user guides requires prior written permission from the Company. If further written permission is required, send a letter detailing your request to the Company via the “Contáctenos” section. Please allow a minimum of two (2) weeks for your request to be processed.

Company Product Box Shots

Any company product box shots are complete images of Company product boxes. You may not use Company box shots on your software, books or other commercial products or services, whether on packaging, book covers, brochures or other marketing materials, without written permission from an authorized representative of the Company.

Reseller Usage of Product Box Shots

The only use of Company box shots that may be made without Company’s written permission is to display a box shot for the sole purpose of advertising for resale – on a stand-alone (non-bundled) basis. All such uses AND the offer-for-sale they promote must be in compliance with:

  • Company’s or its licensed resellers’ distribution requirements;
  • The copyright laws of the United States and/or other applicable jurisdiction;
  • Company’s trademark and trade dress rights and Company’s Trademark Restrictions;
  • The respective End User License Agreement for such product(s); and
  • All of the following conditions:
    1. Your use may not directly or indirectly imply Company sponsorship, affiliation, or endorsement where none exists.
    2. You may not make use of a Company box shot in the context of bundling your product or service with a Company product or service; only displays associated with stand-alone resale of Company product or service licenses may utilize the corresponding Company box shot.
    3. You may not alter the box shot in any way except to resize the box shot in direct proportion to the original.
    4. You may not use box shots from as-yet unreleased products that are subject to non-disclosure obligations.
    5. Your own company name and/or logo must be significantly different, contextually clear, and more prominent than the Company box shot, and must not be positioned in any way that could confuse consumers regarding your role as a reseller of the product licenses and accompanying media, (and not as the manufacturer or publisher of the product itself), or in any way that would otherwise violate #1 above.
    6. You should include the following attribution statement in all resale-related materials that include a Company box shot: ” LUCA and/or LUCA CENTER box image are trademarks, trade dress and copyright of LUCA, LLC. All rights reserved.”
    7. Your use may not be incorporated with or into any political, obscene or pornographic material, and may not be disparaging, defamatory, or libelous to the Company, any of its products, or any other person or entity.

  If your resale-related use – made in the sole context of reselling valid Company product licenses – meets all of the above criteria, no written permission is required. All other use of Company product box shots requires prior written permission from the Company, including use of box shots in video, television, movies or commercials. If further written permission is required, please send a formal request to the Company via the “Contáctenos” section. Please allow a minimum of two (2) weeks for your request to be processed.

Linking to Company Web Sites

To link from your website to a Company web page or reference a Company URL, you must comply with these terms and restrictions. References to Company, its products and services must appear in plain text. No use of Company’s logos, graphical elements, or trade dress is allowed without written permission from the president or an authorized Director. Further, the following are strictly prohibited: replication of content contained in Company’s site(s); presentation of misleading or false information about Company’s products or services; the implication that the Company is endorsing or sponsoring you, your products or services; and linking to your site where your site contains materials that violate any laws or contain content that could be construed as political, obscene, libelous, defamatory, or otherwise inappropriate. The Company reserves the right to demand removal of a link at any time. You must agree to remove the link immediately upon receipt of Company’s request. If your use complies with the above linking criteria, no written permission is required.

Infographics

If you’d like to use an infographic from a Company site, please provide the context for use and submit your request for review to the Company via the “Contáctenos” section.

Permission Requests

If written permission is required, please provide the context for the proposed use of Company copyrighted materials via the “Contáctenos” section. Please allow a minimum of two (2) weeks for your request to be processed. If you are not certain if permission is required, please consult with a qualified attorney.

Anti-Piracy

Report Piracy

If you are aware of an individual or a business that is selling and/or using unlicensed or counterfeit copies, please report this activity directly through the “Contáctenos” section.

Other

What is copyright?

The copyright laws give LUCA (as the copyright owner) the exclusive right to reproduce, prepare derivative works, distribute, perform, and publicly display a copyright work. The laws are intended to protect the owner’s intellectual property in the work, and to protect print and electronic works, such as publications, books, Web-based applications, videos, and software. Works are protected even if they are not registered with the U.S. Copyright Office, or do not carry the copyright symbol “©”. Generally, copying of copyrighted materials is not allowed, whether done by photocopying or electronic means (e.g., e-mailing or faxing an article), unless permission or license has been obtained or the copying falls under an exception such as “fair use,” as defined by the copyright laws, for purposes such as criticism, comment, background research, or teaching.

Consequences for Infringement

All LUCA products contain proprietary content and/or software that are protected by copyright and other similar laws. LUCA claims copyright protection for all material that has been written or enhanced as a result of the efforts of LUCA’s editorial staff or indexers. LUCA does not claim copyright in United States government works, although LUCA does claim copyright for the compilation, selection, coordination, and arrangement of such material. Put simply, except for statutory exceptions such as “fair use,” no portion of a LUCA product may be reproduced in any way, unless expressly permitted. Infringement may result in criminal as well as civil liabilities for you and your employer.

Copy, e-mail, or fax an entire (or part) issue of a publication

You may never make copies of or transmit part or the entire contents of a LUCA publication, even if you have a membership with the LUCA.  It does not matter whether the publication is in print or electronic form or if the copying or transmission is done on a one-time basis.

Notices of Infringement

Notifications

The Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the Company will respond expeditiously to claims of copyright infringement committed using the Company service and/or the Company website if such claims are reported to the Company Designated Copyright Agent identified in the notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to the Company Designated Copyright Agent. Upon receipt of Notice as described below, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to the Company Designated Copyright Agent:

Edil Sánchez González, Esq.

esanchez@carrionsanchez.com

400 Rafael Lamar Street

Urb. Ext. Roosevelt, San Juan, P.R. 00918

Subject to Change Without Notice
Rev. 22/Julio/2019

Introduction

Our website, https://www.lucacenter.com (hereinafter: “the website”) uses cookies and other related technologies (for convenience all technologies are referred to as “cookies”). Cookies are also placed by third parties we have engaged. In the document below we inform you about the use of cookies on our website.

What are cookies

A cookie is a small simple file that is sent along with pages of this website and stored by your browser on the hard drive of your computer or another device. The information stored therein may be returned to our servers or to the servers of the relevant third parties during a subsequent visit.

Many browsers can notify you when you receive a cookie, giving you the option to accept it or not. By not accepting cookies, you may not be permitted to access certain information and some Site pages may not display properly.

When you visit our Site, the following categories of cookies will be set in your browser:

  • Strictly necessary cookies. These cookies are essential in order to enable you to move around a site and use its features. Without these cookies services you have asked for cannot be provided.
  • Performance cookies. These cookies collect information so that we can analyze how our visitors use our site. These cookies do not collect information that identifies you. All information these cookies collect is anonymous and is only used to improve how our site works.
  • Functional cookies. These cookies allow websites and applications to remember choices you make (e.g., such as your user name or the region you are in) and provide enhanced, more personal features. We may use information collected from functional cookies to identify user behavior and to serve Content based on your user profile. These cookies cannot track your browsing activity on other websites. They do not gather any information about you that could be used for advertising or to record where you’ve been on the Internet outside our site.
  • Analytics cookies. In order to keep our Site services relevant, easy to use and up-to-date, we use web analytics services to help us understand how people use the site.

What are scripts?

A script is a piece of program code that is used to make our website function properly and interactively. This code is executed on our server or on your device.

What is a web beacon?

A web beacon (or a pixel tag) is a small, invisible piece of text or image on a website that is used to monitor traffic on a website. In order to do this, various data about you is stored using web beacons.

Consent

When you visit our website for the first time, you consent to us using all cookies and plug-ins as described in this cookie statement. You can disable the use of cookies via your browser, but please note that our website may no longer work properly.

Third parties

We may have agreements about the use of cookies with other companies that place cookies. However, we cannot guarantee that these third parties handle your personal data in a reliable or secure manner. Parties such as Google are to be considered as independent data controllers within the meaning of the General Data Protection Regulation. We recommend that you read the privacy statements of these companies.

Your rights with respect to personal data

You have the following rights with respect to your personal data:

  • You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for.
  • You have the right to access your personal data that is known to us.
  • You have the right to supplement, correct, have deleted or blocked your personal data whenever you wish.
  • You have the right to revoke the consent and to have your personal data deleted.

To exercise these rights or have a complaint about how we handle your data, please contact us.

Enabling/disabling and deleting cookies

You can use your internet browser to automatically or manually delete cookies. You can also specify that certain cookies may not be placed. Another option is to change the settings of your internet browser so that you receive a message each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser.

Please note that our website may not work properly if all cookies are disabled. If you do delete the cookies in your browser, they will be placed again after your consent when you visit our websites again.

Contact details

For questions and/or comments about our cookie policy and this statement, please contact us by email at info@carrionsanchez.com or by phone at 787-236-9609 during regular business hours.

Subject to Change Without Notice
Rev. 22/Julio/2019

Objetivos

LUCA, LLC (“Luca”) ha creado el Foro exclusivamente con el objeto de ofrecerle a cualquier usuario de la página de internet un espacio en donde puedan expresar sus dudas, opiniones y/o preocupaciones relacionada al campo empresarial (finanzas, contabilidad, corporativo, sucesiones, contributivo, entre otros) así como fomentar la participación y la obtención de información y opinión de los demás usuarios interesados en esta materia.

El Foro podrá estar compuesto por chats, video-conferencia, blogs, o cualquier otro medio de apoyo que Luca así lo estime conveniente.

Para fines de este documento titulado “Reglas de Uso”, el término usuario incluye no solo a los miembros con acceso al sistema para realizar preguntas y/o comentarios, sino que también incluye a:

  • Cualquier usuario que sea miembro sin acceso a preguntar y/o comentar.
  • Cualquier personal asignado por Luca para comentar en las distintas entradas (“moderador”).

Ausencia de Asesoramiento

Sin perjuicio de la participación de los usuarios, es posible que un moderador participe en el Foro y en la creación de determinados contenidos. Sin embargo, los artículos y contenidos del Foro contienen información procedente tanto de fuentes propias como de terceros. Luca procura que los contenidos colgados por los usuarios, incluyendo sus moderadores, sean de la mayor calidad posible y estén razonablemente actualizados, pero no garantiza la utilidad, exactitud, exhaustividad, pertinencia y/o actualidad de tales contenidos. Asimismo, Luca no se hace responsable ni verifica la veracidad y fiabilidad de los contenidos ni de la información técnica proporcionada por los usuarios a través del Foro. 

Salvo que se especifique lo contrario de manera expresa, un moderador que participe en el Foro expresará exclusivamente sus opiniones personales y experiencias a propósito de los temas en debate, sin que pueda entenderse que los mismos están comunicando ninguna opinión oficial de Luca.

Por todo lo anterior, la inclusión de contenidos en el Foro no constituye en modo alguno la prestación por parte de Luca de ningún servicio de asesoramiento. Luca no aconseja al usuario la toma de decisiones sobre la base de la información recogida en los contenidos sin obtener un asesoramiento profesional adecuado.

Interpretación de los comentarios

Las opciones, comentarios y/o preguntas realizadas por un moderador en este Foro no tienen la intención ni el propósito de ser utilizado para la evasión contributiva a nivel local ni federal.

El moderador comentará en el Foro analizado única y exclusivamente los hechos y circunstancias provistas por el usuario. Además, sus comentarios representan y están basados en el propio entendimiento del moderador, no de Luca, de las provisiones y aplicación de las leyes de Puerto Rico.

A través de los escritos los usuarios encontrarán recomendaciones que podrían ser interpretadas como conclusiones relacionadas a un curso de acción en particular cuando en realidad las mismas deberán ser interpretadas dentro de un margen de probabilidad de ocurrencia, es decir, que al ver palabras conducentes a conclusiones de acciones como “realizará” se debería interpretar como un “lo más probable”.

Es importante recordar que el contenido de este Foro no obliga ni es vinculante a las autoridades contributivas de Puerto Rico, como el Departamento de Hacienda, el Servicio de Rentas Internas Federal, ni los Tribunales de Justicia, y no garantiza determinaciones favorables a ser tomadas por estas. Más aun tampoco aseguramos que determinaciones legislativas o administrativas de aplicación retroactiva afecten lo establecido en este escrito. Por consiguiente, Luca tampoco se responsabiliza sobre el advertir de nuevos desarrollos legislativos para la aplicación e interpretación de las leyes contributivas.

Los comentarios y/o expresiones en este Foro solo serán utilizados para fines educativos exclusivamente para el usuario que originó la entrada en el Foro y no podrá ser utilizado, en parte o en su totalidad, por otros que no sean el antes mencionado.

Las opiniones y recomendaciones contenidas en este documento están basadas en las representaciones, documentos, hechos y presunciones que han sido provistas por el usuario que realizó la entrada al Foro, por lo que hay una presunción de que estas son correctas, ciertas y reales. Dada la eventualidad de que cualquiera de los hechos, representaciones o presunciones resulten falsas o incorrectas, en parte o en su totalidad, los comentarios realizados basados en las mismas y plasmadas en el Foro podrían ser adversamente afectadas. Estos comentarios y/o expresiones no podrá ser utilizado por cualquier otra persona ajena o para cualquier otra transacción. 

Responsabilidad del Usuario

Cada usuario se compromete a hacer un uso responsable del Foro y de las herramientas que Luca le ofrece para informarse y compartir con otros usuarios y con el público en general su conocimiento, experiencias y sus dudas. Cada usuario es el responsable único de la información y opiniones que vierta en el Foro y responderá frente a Luca y frente a terceros por cualesquiera infracciones que cometa en el uso del Foro, manteniendo indemne a Luca frente a cualesquiera reclamaciones y responsabilidades que surjan del uso del Foro por parte del usuario. 

Asimismo, el usuario es consciente y acepta que los comentarios que incluya en el Foro se podrán difundir a través de Internet y que, por tanto, éstos podrán ser accedidos por cualquier tercero en todo el mundo e incluso podrán ser objeto de indexación a través de diversos motores de búsqueda.

Contenido de los Comentarios

El Foro pretende ser una herramienta de participación para todos los usuarios interesados en temas empresariales. El usuario deberá tenerlo en cuenta a la hora de escribir sus mensajes, haciéndolos claros, simples y fácilmente entendibles. A estos efectos, Luca propone a los usuarios las siguientes recomendaciones:

  • Trate de adecuar su mensaje a cada entrada y a los temas específicamente tratados en cada caso.
  • No se debe usar el Foro como canal de “chat”.
  • Los mensajes que se publican deben ser de interés general y no para comunicarse entre un grupo reducido de usuarios.
  • Cualquier usuario que comente los productos y servicios de Luca o que participe en el Foro tiene capacidad de influir en la reputación, marca e imagen de Luca. Se le solicita prudencia al respecto.

El sentido común y las reglas y los principios que se enumeran en este documento servirán de guía en la actuación del usuario.

Conductas y Contenidos Prohibidos

Queda prohibido y el usuario no deberá en ningún caso:

  • Utilizar el Foro con fines ilícitos o distintos de los previstos en las presentes reglas.
  • Infringir a través del Foro normativa alguna (incluyendo la comisión de delitos) ni inducir a terceros a infringir.
  • Compartir a través del Foro información confidencial ni que sea propiedad de terceros (por ejemplo, de su empleador o de la competencia).
  • Proporcionar información basada en rumores o especulaciones, en vez de en hechos demostrables.
  • Utilizar el Foro para plantear a Luca o a terceros cuestiones concretas o dudas o exponer críticas sobre productos o servicios de Luca o de terceros. Existen vías no públicas y específicas habilitadas para estos fines como. Para estos fines, puede comunicarse a nuestro servicio al cliente por email a info@lucacenter.com o teléfono al 787-236-9609.
  • Suplantar la identidad de terceros ni expresar opiniones en nombre de terceros sin la debida autorización.
  • Luca tiene designados portavoces oficiales. Salvo que se trate de uno de dichos portavoces, el usuario deberá dejar claro que cualquier opinión o recomendación que exprese lo hace a mero título personal.
  • Los usuarios tampoco deben emitir opiniones en nombre de terceros ni utilizar logos o marcas de terceros sin su autorización.
  • Incluir materiales de terceros (ya sean texto, materiales gráficos, audiovisuales, logos, links o materiales de cualquier tipo) sin la correspondiente autorización de los titulares de los derechos de propiedad intelectual, industrial o de cualquier otro tipo sobre los materiales.
  • Se prohíbe el uso de expresiones racistas, étnicas, políticas, políticas partidistas y sexuales que sean detrimentales o que muestren discrimen de algún tipo.
  • Está prohibido que alguien represente o actúe haciendo falsa representación de ser moderador del Foro cuando no ha sido designado por Luca. Persona que se descubra haciendo esto será totalmente eliminada de participar en el Foro y no tendrá derecho a reembolso alguno por la cantidad pagada por la membresía.
  • Está prohibido que alguien represente o actúe haciendo falsa representación de ser otro subscriptor de Luca emitiendo comentarios en el Foro. Persona que se descubra haciendo esto será totalmente eliminada de participar en el Foro y no tendrá derecho a reembolso alguno por la cantidad pagada por la membresía.

Monitorización del Foro

Luca podrá dedicar esfuerzos razonables a velar por el buen uso del Foro. En particular, Luca se reserva el derecho, a su exclusivo criterio, de monitorizar el uso del Foro y la facultad de no colgar, de modificar parcialmente o de retirar aquellos comentarios o materiales incluidos o propuestos por los usuarios que Luca considere conveniente. Además, los usuarios eximen a Luca de cualquier responsabilidad por dicha retirada o modificación o por la falta de retirada o modificación de cualesquiera comentarios o contenidos.

Por ejemplo, y sin ánimo de exhaustividad, Luca se reserva el derecho de modificar o retirar cualquier comentario introducido en el Foro que:

  • Incumpla las presentes reglas o los siguientes documentos: “Terms and Conditions”, “Privacy Policy”, “Intellectual Property Policy”, “Cookies Statement” y el “Contrato de Servicios”.
  • No se refiera específicamente a materias relativas al campo empresarial ni se atenga a los objetivos del Foro.
  • No respete los dos principios básicos que deberán regir este Foro: el respeto de las personas y de sus ideas.
  • Incluya lenguaje ofensivo, contenido ilegal, comercial o spam.
  • Contenga comentarios que puedan, a criterio de Luca, suponer un ataque personal o insultos a Luca o a cualquier tercero o infrinja cualquier otra normativa.
  • Exista cualquier sospecha o indicio de que infringe derechos de propiedad intelectual o industrial de Luca o de terceros.
  • Expresen mensajes publicitarios no autorizados dentro de las entradas del Foro.

Si usted encuentra un comentario en el Foro que no pertenece al tópico correspondiente o encuentra que el comentario viola alguna de las reglas o guías de los Foro, deberá utilizar el correo electrónico y comunicarse con el moderador de forma privada informándole sobre lo sucedido. Se le agradece que no entre en contacto directo con la persona que hizo el comentario ni trate de hacer algo relacionado al comentario. 

Durante la Sesión

El moderador se reserva el derecho de expulsar o dar por terminada una sesión de apoyo, sin previo aviso, a quien no respete las políticas de uso.

Los moderadores del Foro se reservan el derecho, y sin previo aviso, de revisar todo material o comentarios, editar el contenido, borrar contenido, reclasificarlos según encuentre necesario dado que el contenido no es apropiado, puede causar interrupción de servicio o está en violación a las reglas aquí descritas.

Por seguridad del usuario, por este canal de atención no se brindará información confidencial de los participantes, contraseñas o cualquier otra que implique la verificación de la autenticidad del usuario y de la información.


El contenido del Foro será moderado en términos de cantidad y extensión de los mismos. El contenido será accesible por un periodo de tiempo discrecionario para preservar lo largo y el tiempo que haya transcurrido para cada tema.

Acerca de Borrar o Actualizar Información

Una vez que se ha hecho público un mensaje en el Foro, ya no es posible modificarlo o borrarlo
Las entradas en el Foro podrán contar con un moderador quien se reserva el derecho de retirar o dar por terminada la entrada, sin previo aviso, a quien no respete las políticas de uso.

Otros

Luca, LLC se reserva el derecho de cambiar, modificar, añadir o eliminar reglas del Foro sin previo aviso.

Cualquier pregunta o cometario relacionado a estas reglas, puede comunicarse con nosotros llamando al 787-236-9609, Lunes a Viernes de 8:00 a.m. to 5:00 p.m., o sometiendo su comentario por email a info@lucacenter.com.

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