1. DATA WE MAY COLLECT
We may collect and process the following data about you:
Personal data including, for example, your name, e-mail address, password, and in certain instances, telephone number, data about your usage of the Products, data you provide in connection with your usage of the Products, and data collected by tracking technologies as further described in section 4 below that may identify you as an individual or allow online contact with you as an individual.
NeuraSense does not collect or process credit or debit card (“Payment Card”) data. Apple and Google collect Payment Card data with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card data with respect to purchases made through the Websites. Such payment processors generally provide us with some limited data related to you, such as a unique, anonymous token that enables you to make additional purchases using the data they’ve stored, and your card’s type, expiration date, billing address, and the last four digits of your card number.
Data collected via tracking technologies, as fully described in section 4.
If you choose to engage with the “My Progress” feature, we will collect and store your responses
2. USES MADE OF THE DATA
We use information held about you in the following ways:
- To provide you with the Products.
- To answer your questions or requests for information or handle your complaints.
- To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.
- To provide you with promotional communications, such as email, to the extent that you have provided consent and/or consistent with notice and any opt-out rights to receive such communications under applicable law.
- To carry out our obligations arising from any agreements entered into between you and us.
- To allow you to participate in interactive features of the Products, when you choose to do so.
- To notify you about updates or changes to Product features and content.
- To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state or country).
- To account for applicable sales taxes based on zip codes provided to our payment processors for purchases made through the Website.
- To inform Partners about your registration and use of the Products as described under Corporate and Other Community Sharing in section 6 above.
- To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent and/or consistent with notice and any opt-out rights for such uses under applicable law.
- To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- To manage your payments and orders.
If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you, except if you do not consent to, or opt-out to such communications.
3. CONFIDENTIALITY AND SECURITY
The security of your personal data is important to us. We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal data, you can contact us. Except as described under the “Disclosure of Your Data” section below, we do not provide your personal data to any third party without your specific consent, as defined by applicable law. NeuraSense maintains technical, administrative and physical safeguards to help protect the security of your personal information against unauthorized access, destruction, loss, alteration, misuse or disclosure. Your personal information is accessible to only a limited number of personnel who need access to the information to perform their duties. Please note, however, that no method of transmission over the Internet or method of electronic storage is 100% secure.
4. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS
If you sign up to receive promotional materials from us via email and/or push notifications we will use the data you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by email, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level. If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply. We will endeavor to comply with these requests as soon as reasonably practicable. Please be advised that you may not be able to opt-out of receiving certain service or transactional email messages from us that are required to provide you with our Products.
5. TRACKING TECHNOLOGIES
We use local storage, such as HTML5, to store content data and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store data. Various browsers may offer their own management tools for removing HTML5.
We partner with third parties, such as Facebook and Google, to manage our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to our website. Our third-party partners may use technologies such as cookies to gather data about your activities within the Products to deliver such advertising to you, such as retargeting ads. We do not respond to do-not-track signals. For more data about interest-based ads, including how to opt-out of having your web-browsing data used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third-party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account.
We use third party trackers to let us know when users have visited the Products by “clicking-through” our sponsored advertising or content hosted on third party platforms. The Products use Google Analytics code to gather statistical data. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more data on how Google Analytics processes this data, visit www.google.com/analytics.
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record data such as how often you engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the data we store within the analytics software to any personal data you submit within the mobile application.
As true of most websites, we gather certain data and automatically and store it in log files. This data may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.
6. WHERE WE STORE YOUR PERSONAL DATA
All data you provide to us through the Products is stored on our secure servers located in the US. Any payment transactions will be encrypted using SSL technology; all payment data is stored with our payment processor and is never stored on NeuraSense’s servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that your change your password frequently.
Unfortunately, the transmission of data via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Products; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
7. CORPORATE AND OTHER COMMUNITY SHARING
NeuraSense is also offered through partnerships with organizations. The Partner may also have access to your community’s aggregated and anonymized general usage data (including aggregated and anonymized usage data with respect to your community’s optional engagement with the My Progress feature).
8. SINGLE SIGN-ON
You may be able to log-in to our Products using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal data (such as your name and email address) with us, and to pre-populate our sign-up form. Services like Facebook Connect give you to the option to post data about your activities on our Products or to your profile page to share with others within your network.
9. YOUR DATA RIGHTS
A right to rectification: you has the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. Upon request, NeuraSense will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. However, this is not an absolute right and NeuraSense may have legal or legitimate grounds for keeping such data.
A right to restriction of processing: in some cases, you have the right to obtain restriction of the processing of your personal data.
A right to data portability: you have the right to receive the personal data concerning you which you have provided to NeuraSense, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from NeuraSense. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.
A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you when such processing is based on the legitimate interest of NeuraSense. NeuraSense may, however, invoke compelling legitimate grounds for continued processing. When your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of such data. You may, in particular, exercise that right by clicking on the “unsubscribe” link provided at the bottom of any messages received, or by managing your privacy preferences by logging in to your NeuraSense account and following the instructions here.
A right to lodge a complaint with the competent supervisory authority: you have the right to contact the supervisory authority to complain about NeuraSense’s personal data protection practices.
A right to give instructions concerning the use of your data after your death: as required by applicable law, you may have the right to give NeuraSense instructions concerning the use of your personal data after your death. To exercise one or more of these rights, you can email us. You may access your personal data to modify or update at any time via an online account, or by emailing us.
We will respond to your request in a reasonable timeframe in accordance with applicable law.
- LEGAL BASES OF PERSONAL DATA PROCESSING
In accordance with GDPR, NeuraSense provides the following information regarding its legal bases for personal data processing:
The performance of the contract (the NeuraSense Terms & Conditions) between you and NeuraSense for the data processing relating to your use of NeuraSense’s Products (including your orders and payments);
NeuraSense’s legitimate interest, more specifically:
Our business interest in providing you with emails and push notifications for timely introductory materials and information about your NeuraSense account, and our Product features and updates.
Our financial interest in providing you with promotional offers and/or discounts with respect to paid subscriptions and special offerings, such as the NeuraSense Family Plan.
Our business interest in offering you particularized or adapted content based on your usage of the Products.
Our business interest in collecting data regarding your general usage activities for the purpose of improving our NeuraSense user experience.
Our business interest in requesting that you partake in Product surveys in order to better understand your needs and expectations.
Our business interest in providing you with customer service communications regarding your account, questions about our content offerings or your mindfulness practice, or any other matters directed to customer service staff, in order to have clear and easy communication with you and to respond to all your requests.
Our business interest in collecting data related to unplanned downtime or errors in the Products.
Our business interest in complying with our legal obligations, such as maintaining accurate financial records.
11. DISCLOSURE OF YOUR DATA
We may disclose your personal data with and among our subsidiaries, ultimate holding company, and any affiliates.
We may also disclose your personal data to third parties as follows:
In some circumstances, based on your specific requests, we may need to disclose your personal data to a third party so that it can provide a service you have requested from such party, or fulfil a request for data from such party. An example of this is the SMS Service.
In some circumstances, we may disclose the personal data that you have provided to NeuraSense to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality, complementary services or bundled pricing options.
In some limited circumstances, our email service provider may receive certain information you share in-app to provide you with personalized email communications.
If NeuraSense’s service providers (like hosting, IT maintenance, market analytics, and payment service providers) require this data to provide services to NeuraSense. NeuraSense requires each of its service providers to agree to maintain the confidentiality and security of your personal data.
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If NeuraSense or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of NeuraSense, our customers, or others. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.
With third parties, such as Facebook, in order to serve NeuraSense advertisements on such third-party platforms, to the extent that you have consented to or have been provided with notice of, and an opportunity to opt-out of, such practices under applicable law.
If you choose to have your account verified to confirm your status as a student, we may allow a third-party platform to access the specific personal data you provide in order to perform the verification.
12. DATA RETENTION
The retention periods applied by NeuraSense comply with applicable legislation in effect on the date hereof, namely:
For transactional data relating to your purchases: such data is kept for the entire period of the contractual relationship, then in accordance with legal obligations and applicable statute of limitation periods. Please note that this data does not include Payment Card information, which is processed by our third-party payment processors, and not NeuraSense.
For data collected based on your consent to receive our marketing communications: we will use such data until you opt out, withdraw consent or applicable law requires that such data is no longer used.
When your data are collected in the context of requests/queries: such data are kept for the period necessary to process and reply to such requests or queries.
When cookies or other trackers are placed on your terminal, they are kept for a period of 12 months. Other data will be kept as long as necessary for the purposes pursued and in compliance with our legal obligations, including the applicable statute of limitations.
13. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES
To the extent that you have provided appropriate consent under applicable law to certain processing activities, such consent can be withdrawn at any time by emailing us.
14. LINKS TO THIRD PARTY SITES
The Products may, from time to time, contain links to and from the Products of our partner networks, advertisers and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal data to these external websites.
15. SOCIAL MEDIA WIDGETS
Our Products include social media features, such as the Facebook Like button, and widgets, such as the “Share This” button, or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it.
17. USE OF NeuraSense BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement of a parent or legal guardian under such person’s account.
18. DATA POSTED ON FORUMS
NeuraSense users may have the ability to post content to one or more NeuraSense forums. All such users may request and obtain removal of such posted content by contacting us and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the NeuraSense forum(s).
21. TRANSMISSION TO OTHER COUNTRIES
NeuraSense is mindful of its responsibility and potential liability for onward transfers of personal data to third parties where NeuraSense deems such transfers necessary and those transfers are subject to Privacy Shield.