Privacy Policy

Last modified: February 21, 2024

Introduction

MindMood, LLC ("MindMood" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we might collect from you or that you might provide when you visit the platform https://mindmood.ai/ (our Platform) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Platform.
• In email, text, and other electronic messages between you and this Platform.

It does not apply to information collected by:

• Us offline or through any other means, including on any other platform operated by MindMood or any nonparty; or
• Any nonparty, including through any application or content (including advertising) that might link to or be accessible from or through the Platform.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you disagree with our policies and practices, your choice is not to use our Platform. By accessing or using this Platform, you agree to this privacy policy. We may change this policy on one or more occasions (see Changes to Our Privacy Policy). Your continued use of this Platform after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Individuals Under the Age of 18

Our Platform is not intended for individuals under 18 years of age. No one under age 18 may provide any information to or on the Platform. We do not knowingly collect personal information from individuals under 18. If you are under 18, do not use or provide any information on this Platform or through any of its features, register on the Platform, make any purchases through the Platform, use any interactive or public comment features of this Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you might use. If we learn we have collected or received personal information from an individual under 18, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us at support@mindmood.ai.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platform, including information:

• Personal information, that we can reasonably use to directly or indirectly identify you, including your name, email address, Internet protocol (IP) address used to connect your computer to the Internet, username or other similar identifier, information that is included in the input or feedback that you provide to our Platform, and any other identifier we may use to contact you (“personal information”).
• Nonpersonal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, including information that is included in the input or feedback that you provide to our Platform, demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive nonpersonal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Platform feature.
• Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Platform, and usage details.
• Nonpersonal details about your Platform interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Platform (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the Platform. Information collected automatically might include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From nonparties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Platform may include:

• Information that you provide by filling in forms on our Platform. This includes information provided when registering to use our Platform, subscribing to our service, engaging with the AI app, or requesting further services. We may also ask you for information when you report a problem with our Platform.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Platform and of the fulfillment of your orders. You might be required to provide financial information before placing an order through our Platform. We do not collect or store your payment card details. That information is provided directly to our payment processor whose use of your personal information is governed by its privacy policy.
• Your search queries on the Platform.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across nonparty websites or other online services (behavioral tracking). Please note that we do not recognize or respond to any do not track signals (DNT). For more information about DNT, visit www.allaboutdnt.com.

The information we collect automatically is only statistical data and does not include personal information. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Platform according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Platform.

The technologies we use for this automatic data collection might include:

• Cookies (or browser cookies). A cookie is a small file placed on your computer’s hard drive. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you might be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform. For information about managing your privacy and security settings for cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Platform and our emails might contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit MindMood, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain content and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To provide, administer, maintain, or analyze the Platform.
• To improve our Platform and conduct research.
• To communicate with you, including to send you information about our Platform.
• To develop new services.
• To prevent fraud, criminal activity, or misuses of our Platform, and to protect the security of our IT systems, architecture, and networks.
• To carry out business transfers.
• To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, or that of our affiliates, you, or other nonparties.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Platform or any products or services we offer or provide through it.
• To allow you to participate in interactive features on our Platform.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

The Platform uses artificial intelligence (AI) to analyze input data and provide personalized mental health support. This process involves sophisticated algorithms that process your interactions, feedback, and other relevant information to tailor our support services to your needs. Our AI does not make decisions that have legal or similarly significant effects on users without human oversight.

To continually improve the efficacy of the Platform, we use anonymized and aggregated data to train our AI models. This training process is designed to enhance the app’s responsiveness and accuracy in providing support. Rigorous data protection and privacy measures are in place to ensure the confidentiality and integrity of your data during this process.

We strive for transparency in how our AI operates and uses your data. If you have questions about the AI’s data processing or decision-making processes, or if you wish to request more information about the logic involved, please contact us at support@mindmood.ai. We are committed to providing users with meaningful control over their data and the automated decisions made by our AI.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other nonparties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. For example, we use Google Analytics to help us understand how our users use our Platform (you can read more about how Google uses your personal information here: https://policies.google.com/privacy).
• To a buyer or other successor if a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all MindMood’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by MindMood about our Platform users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including responding to any government or regulatory request.
• To enforce or apply our Terms of Use[A1] and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MindMood, our customers, or others.

Consent to Personal Information Transfer

We are based in the United States of America. We may process, store, and transfer the personal information we collect, in and to a country outside your own, with different privacy laws that might or might not be as comprehensive as your own. If you are located outside the United States, your personal information might at times be accessible by persons who are located worldwide including in countries that the European Commission or other geopolitical regions have not determined to provide the same adequate level of data protection in your country, province, territory, or geopolitical region.

By submitting your personal information or engaging with our Platform, you hereby consent to this transfer, storing, or processing, including transferring your information across international boundaries to jurisdictions anywhere in the world as permitted by law.

If you are a Canadian resident or otherwise located in Canada, please note that personal information transfers outside of Canada might result in your information becoming accessible to foreign jurisdiction’s law enforcement or other authorities.

If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), please note that your information will be transferred outside of those areas, including to the United States. Nevertheless, whenever we transfer your personal information out of the EEA, Switzerland, or UK, we will use reasonable efforts to ensure a similar degree of protection is afforded to it by ensuring that the recipient nonparty agrees to contractual clauses or other appropriate safeguards.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Platform might become inaccessible or not function properly. You can opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Residents of certain jurisdictions, including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, Virginia, the European Economic Area, and the United Kingdom might have additional personal information rights and choices. Please see Your State Privacy Rights and Your EEA/UK Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platform and visiting your account profile page.

You may also send us an email at support@mindmood.ai to request access to, correct, or delete any personal information you have provided us. We cannot delete your personal information except by also deleting your user account. We might not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain jurisdictions, including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, Virginia, the European Economic Area, and the United Kingdom might have additional personal information rights and choices. Please see Your State Privacy Rights and Your EEA/UK Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.

• Access and delete certain personal information.

• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).

• Data portability.
• Opt-out of personal data processing for:
  • targeted advertising (excluding Iowa);
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights might vary by state. To exercise any of these rights please email us at support@mindmood.ai. To appeal a decision regarding a consumer rights request please email us at support@mindmood.ai.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: support@mindmood.ai. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Your EEA/UK Privacy Rights

If you live in the EEA or the UK, the following terms apply to you.

Legal Basis for Processing

We may process your personal data because you have given us permission to do so (for example, by sending data through our Platform’s contact or signup forms), because the processing is in our legitimate interests and it is not overridden by your rights, or because we need to process your personal data to perform a contract with you or comply with the law.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws concerning your personal data. Your rights may include the following:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• 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.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we might not always be able to comply with your erasure request for specific legal reasons that will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
• Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (1) if you want us to establish the data’s accuracy; (2) where our use of the data is unlawful, but you do not want us to erase it; (3) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (4) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we might not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at support@mindmood.ai.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to honor your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information regarding your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will let you know and keep you updated.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us on our secure servers behind firewalls. Our payment processor encrypts all payment transactions using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information through the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

Data Retention

Except as otherwise permitted or required by law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We may use that anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

Withdrawing Your Consent

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at support@mindmood.ai. Please note that if you withdraw your consent we might not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

Changes to Our Privacy Policy

Our policy is to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Platform home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or through a notice on the Platform home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at support@mindmood.ai.