PRIVACY NOTICE

Last updated August 2022

Thank you for choosing to be part of our community at We Are Mind Labs Ltd, doing business as MindLabs (" MindLabs ", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regards to your personal information, please contact us at hello@wearemindlabs.com.

When you visit our website https://wearemindlabs.com (the "Website"), our applications (the “Apps”) and more generally, use any of our services (the "Services", which include the Website and Apps ) or products (the “Products”), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Apps and Website), as well as, any related services, sales, marketing, or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. HOW DO YOU PROCESS APPLE HEALTH-KIT DATA?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. WHERE DO WE STORE YOUR INFORMATION?

9. DO WE COLLECT INFORMATION FROM MINORS?

10. WHAT ARE YOUR PRIVACY RIGHTS UNDER GDPR?

11. CONTROLS FOR DO-NOT-TRACK FEATURES

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

13. DO WE MAKE UPDATES TO THIS NOTICE?

14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

15. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our Products and Services, when you participate in activities on the Website, or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us, and the Website, the choices you make, and the products and features you use. The personal information we collect may include the following:

• Personal data including; your name, e-mail address, password, data about your usage of the Products and Services, data you provide in connection with using the Products or Services, as well as data collected by tracking technologies further described in section 4 below that allow online contact with you as an individual.
• MindLabs does not collect or process credit or debit card data (“Payment Card data”). Apple collects Payment Card Data for in-app purchases made through the Apps such as trials and monthly, or yearly subscription plans. Apple provides us with a unique and anonymous token that enables MindLabs to determine that your account is associated with a trial or a subscription plan.
• Apple account information, such as name, e-mail address; hidden or public, and UUID, if you have chosen to create an account using Apple sign-in.
• Google account information, such as name, email address, if you have chosen to create an account using Google.
• Device information and automatically-collected information such as your Internet Protocol (IP) address, browser, operating system version, system performance data, and device type, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information are collected when you visit the Website or use the Apps. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.
• Feedback forms, if you choose to engage with our feedback forms we will store your answers and any personal information you may provide us as part of that form such as name and email address.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Apple account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
• To facilitate the use of the Products and Services. We process data that is produced by wearable devices linked to Apple Health to enable relevant features in the Apps.
• To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update or delete your testimonial, please contact us at hello@wearemindlabs.com and be sure to include your name, testimonial location, and contact information.
• Request feedback. We may use your information to request feedback and to contact you about your use of our Products and Services.
• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
• Fulfil and manage your orders. We may use your information to fulfil and manage your orders, payments, returns, and exchanges made through the Apps.
• Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
• To deliver and facilitate the delivery of services to the user. We may use your information to provide you with the requested service such as requests for information.
• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Products and Services.
• To send you marketing, newsletters, and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing and newsletter purposes if this is in accordance with your preferences. For example, when expressing an interest in obtaining information about us or our Apps and Website, subscribing to the newsletter, marketing, or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing and newsletter emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS UNDER GDPR" below).

Deliver targeted advertising to you. We may use your information to develop and display personalised content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfil business obligations.

We may process or share the data that we hold based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract.

• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. HOW DO YOU PROCESS APPLE HEALTH-KIT DATA?

In Short: We only process and store data you choose to share with us using Apple HealthKit.

The ability to connect your MindLabs Application to Third-Party Applications like Apple Health Kit is available to empower you in your mental fitness journey to set measurable goals. This data is used for the calculation and delivery of the Mental Fitness Score and personalised biomarker-led push notifications. By agreeing to transmit data from HealthKit you give MindLabs explicit permission to process and store the below data:

• Mindful minutes
• Heart Rate
• Heart Rate Variability 
• Active Energy
• Activity
• Exercise Minutes
• Stand Minute
• Steps
• Walking + Running Distance
• Workouts
• Body Mass Index
• Date of Birth
• Sleep
• Blood Oxygen
• Night Sweats
• Respiratory Rate
• Sleep Changes

We store the data processed by Apple HealthKit in our servers and display the relevant data you have consented to in the App and through personalised push notifications sent to your device. The legal basis of this data processing is your consent pursuant to Art. 6 (1) (a) GDPR.

We are required by law to maintain the privacy and security of your protected health information and we take this very seriously, because of this we will not:

• Use your health data for advertising purposes or similar services
• Sell your health data 
• Disclose your health data to any third parties without your express consent

We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information, specially health information. Learn more about what measures we have put in place for your information to be kept safely and securely in our servers in section 7.

You can withdraw MindLabs’s right to process and store your health data by disabling the feature in your device settings.

For further information on how Apple HealthKit stores and transfers your data, please read Apple’s privacy policy here.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

We use the following tracking technologies to analyse usage behaviour in the Apps and on the Website:

• Firebase. The Apps use Firebase, an analytics service provided by Google. Firebase uses tracking technologies that allow us to analyse how you use our app such as for; performance monitoring, error logs, and for analysing user behaviour, like content that has been viewed and patterns around this. For personal data transferred to the US, Google has subjected itself to the EU-US Privacy Shield. Please refer to Google's privacy policy for further details as well as at http://firebase.google.com.
• Mixpanel. The Apps use Mixpanel to analyse usage behaviour and visualise trends around classes watched and other engagement with the Apps. To read more about Mixpanel’s Privacy Program with regards to different legislation and transfers of data outside of Europe use the following link. 

• Braze. The Apps use Braze to send push notifications and email communication to both App users and prospective ones. Braze is subject to the EU-US Privacy Shield for data transferred to the US. Find out more about Braze's Privacy program and how they comply with different legislations across the world here.

• Zendesk. We use Zendesk to communicate directly with our users through an online chat box, email communication, or social media interactions. Zendesk is subject to the

  EU-US Privacy Shield

  . They also have a global privacy program documenting how they process data globally that can be found here.

We use the following tracking technologies for advertising purposes in the Apps and on the Website:

• HubSpot. We use HubSpot to better understand how our mobile advertising campaigns perform and improve them based on user interactions with the Apps. For this analysis, HubSpot uses your device's advertising identifier as well as your anonymised IP and MAC address or other device identifiers to determine that the performance of the given campaign. We also use HubSpot as our main source for communication with you by sending you App specific content such as release updates, push notifications, in-app messages and marketing content you may have opted in to. To understand how HubSpot records this data you can read their Privacy Policy linked here.
• Facebook Pixel. We use Facebook’s Ads Tools for different mobile advertising campaigns on Instagram and Facebook as well as for tracking the performance of these campaigns on specific MindLabs landing pages. In the event that data is transferred to the US, Facebook has subjected itself to the EU-US Privacy Shield. Please read Facebook's privacy policy for any specific questions you may have. You can assert your right of objection using the slider described in Section 4.
• Appsflyer. We use AppsFlyer for attribution and marketing analytics of our ad campaigns across the Apps and our Website. You can find out more about AppsFlyer's data processing practices here. 

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us to keep your personal information for longer than 1 year.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organisational and technical security measures.

We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

8. WHERE DO WE STORE YOUR INFORMATION?

In short: We store your data in our secure servers located in London (europe-west2).

All the data you provide us through the use of the Products and Services is stored in our secure servers located in London (europe-west2). Any payment transactions using Apple’s In-App purchases or HealthKit data are stored with Apple and never stored on MindLabs’ servers.

Transmission of data via the Internet is unfortunately not completely secure, we will always do our best to protect your personal data but cannot guarantee the security of your transferred data to the Products and Services, these are done at your own risk. Once we receive your data we will use a system of organisational and technical security measures to prevent any unauthorised access to your data.

9. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Apps and Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Apps and Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at hello@wearemindlabs.com.

10. WHAT ARE YOUR PRIVACY RIGHTS UNDER GDPR?

In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

11. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;

• Participation in customer surveys or contests; and

• Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at hello@wearemindlabs.com, or by referring to the contact details at the bottom of this document.

If you are using an authorised agent to exercise your right to opt out we may deny a request if the authorised agent does not submit proof that they have been validly authorised to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

MindLabs has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. MindLabs will not sell personal information in the future belonging to website visitors, users, and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data - Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed - Request to know

Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;

• the categories of personal information that we collect;

• the purposes for which the collected personal information is used;

• whether we sell your personal information to third parties;

• the categories of personal information that we sold or disclosed for a business purpose;

• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

• the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

• you may object to the processing of your personal data

• you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data

• you can designate an authorised agent to make a request under the CCPA on your behalf. We may deny a request from an authorised agent that does not submit proof that they have been validly authorised to act on your behalf in accordance with the CCPA.

• you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at hello@wearemindlabs.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

13. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at hello@wearemindlabs.com or by post to:

We Are Mind Labs Ltd

Building 3 Chiswick Park, 566 Chiswick High Rd, London

London, London W4 5YA

United Kingdom

15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.