Effective as of: May 25, 2018
WHAT INFORMATION ABOUT ME IS COLLECTED?
Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, password, and email address.
Non-Personally Identifiable Information
We automatically collect certain non-personal information to help us understand how our users use the Service. We may collect information about the computer or device you use to access our Service, including the hardware model, operating system and version, MAC address, unique device identifier (“UDID”), phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information. If you have chosen to link your Mindshow account to your Google account, we may also collect your device location so that you can use location-based features. We may also automatically collect and use the data contained in log files. The information in log files may include your IP address, your ISP, the Web browser you used to visit the Service, the time you visited the Service, which web pages you visited on the Service, and other anonymous usage data. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other non-personally identifiable information (for example, combining name and your IP address) in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences).
Information Provided by You
We will collect personally identifiable and non-personally identifiable information that you submit to us.
When you register to become a member of the Service, we collect certain information about you which may include such information as your user name, actual name, and e-mail address. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service.
Cookies and Action Tags
We may collect non-personally identifiable information passively using “cookies” and “action tags.”
“Action tags”, also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or e-mail sent on our behalf, may contain action tags.
By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing efforts.
The primary third party services we use are:
We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
IS INFORMATION SUBMITTED TO THE PUBLIC AREAS OF THE SERVICE PRIVATE?
NOTWITHSTANDING THE FOREGOING, WE HAVE NO RESPONSIBILITY OR LIABILITY IF A USER’S INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF A USER SUFFERS HARM AS A RESULT OF VOLUNTARY DISCLOSURES.
IS A USERNAME PRIVATE?
No. A user’s username is available to the public, including to all users, when a user shares or posts information in the Public Areas of the Service. When prompted to create a username, we advise users to use non-personally identifiable information – i.e., select a screen name that is not similar to a user’s actual name – because such information can be publicly available to all users.
DOES MINDSHOW COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. As currently operated persons under the age of 16 may not use the Service. By using the Service, you represent that you are 16 years of age or older.
WHAT DOES MINDSHOW DO WITH THE INFORMATION IT COLLECTS?
We will only use your personally identifiable information to the extent that the law allows us to do so. Under the GDPR, we rely on the following legal bases for processing your personally identifiable information:
where you have given consent to the processing;
where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Service or otherwise); and/or
where it is necessary for the purposes of our legitimate interests (or those of a third party) and your interests or fundamental rights and freedoms do not override those legitimate interests.
We use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, and, unless you “opt out”, so that we can contact you about products and services that may be of interest to you and deliver relevant content to you.
We may use your information to send you an e-mail that may confirm your user name and password. Unless you opt out, we may send you electronic newsletters, contact you about the Service, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send you. Also see “WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?” below for instructions on how to opt out.
If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.
We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service, and are necessary for the performance of our contract with you.
WHEN DOES MINDSHOW DISCLOSE INFORMATION TO THIRD PARTIES?
Laws and Legal Rights
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Service to detect fraud, for assistance with a delinquent account, or to protect our rights or property or the safety and/or security of our users, the Service or the general public.
Third Parties Generally
Mindshow may decide to disclose your personally-identifiable information to third parties for the purpose of sending you select marketing offers and communications that we believe may be of interest to you. You will have the option to out-out of such disclosure by following the opt-out procedure set forth below. Your non-personally identifiable information may be provided to third parties, including where such information is combined with similar information of other users of the Site. In addition to the above, when individuals use the Site, third parties (including without limitation third-party analytics and other service providers, and advertisers) may directly collect information about our Site visitors, including about our visitors’ online activities over time and across different websites.
We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to the Service, such as payment processing, hosting and maintenance, data storage and management services, production and fulfillment, and marketing and promotions. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information. We will ensure that these Outside Contractors protect the privacy of your personally identifiable information and act only on our documented instructions.
Sale of Business/Bankruptcy
Transborder Hosting and Transfer of Information
Personally identifiable information collected on the Site or through the provision of the Service may be transferred from time to time to Mindshow offices or personnel, or to third parties, located throughout the world, including offices located outside the European Economic Area and/or the United Kingdom, and the Site may be viewed and hosted anywhere in the world, including countries (such as the United States) that may not have laws of general applicability regulating the use and transfer of such data. By using the Site and submitting such information on it, you voluntarily consent to such transborder transfer and hosting of such information.
To the extent that we process personally identifiable information of individuals located in the European Economic Area and/or the United Kingdom, we are bound by and act in compliance with the GDPR.
FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?
We will only store your personally identifiable information for as long as is necessary to fulfill the purposes for which we collected it.
To determine the appropriate retention period for personally identifiable information, we consider the amount, nature and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and any applicable legal requirements.
IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from loss, misuse, unauthorized access, disclosures, alteration, and destruction, taking into account the risks involved and the nature of the information.
The information we receive through your use of the Service is stored in the cloud through Amazon Web Services (AWS). You can learn more about the security and privacy practices of AWS here: https://aws.amazon.com/security/.
Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart the security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and, by using the Service, you do so at your own risk.
WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
Under certain circumstances and in compliance with the GDPR, you have the right to:
Request access to your personally identifiable information (commonly known as a ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;
Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your personally identifiable information. This enables you to ask us to delete or remove personally identifiable information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;
Object to processing of your personally identifiable information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;
Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of personally identifiable information, for example if you want us to establish its accuracy or the reason for processing it;
Request the transfer of your personally identifiable information to another party; and
Lodge a complaint with the relevant supervisory authority (as defined in the GDPR). If you have any complaints about the way we process your personally identifiable information please do contact us. Alternatively you may lodge a complaint with the supervisory authority which is established in your country.
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.
DO NOT TRACK
The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. If you have enabled Do Not Track on your browser, we will not record any data from you. If you have not enabled Do Not Track on your browser, then we may collect non-personally identifiable visitation data in order to customize and optimize your visit to the Site.
WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
By postal mail or courier:
Attn: Customer Service – Privacy
333 S. Grand Avenue, Suite 4325
Los Angeles, CA 90071