for this website/application (Mindset Health) operated by Mindset Health Pty Ltd ABN: 11 617 368 957 (we, our or us).
EFFECTIVE DATE: 09/30/2019
Mindset Health Pty Ltd (ABN: 11 617 368 957) (“us”, “we”, or “our”) operates the website and the Nerva mobile application (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
This policy DOES NOT apply to information that:
We collect offline or on any other Company apps or websites, including websites you may access through Nerva You provide to or is collected by any third party
The following definitions will be used throughout the the following articles for better visibility:
Personal Data Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies Cookies are small pieces of data stored on a User’s device.
Data Controller Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
Data Processor (or Service Providers) Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject Data Subject is any living individual who is the subject of Personal Data.
User The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
3. INFORMATION COLLECTION AND USE We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected: Personal Data While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”).
Personally identifiable information may include, but is not limited to: - Email address (if you choose to enter one) - Name (if you choose to enter one) - Facebook profile information such as name and email address (if you choose to log in through Facebook) - Cookies and Usage Data - Records and copies of your correspondence (including email addresses and information around your device), if you contact us. - Your responses to surveys, if you decide to participate
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you, if you opted in while signing up in the mobile application. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
You may provide information to be published or displayed (“Posted”) on public areas of websites that are related to Mindset Health Pty Ltd through the Webpage or the App itself (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. You Post at your own risk and should be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Usage Data We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. Additionally, this data includes the audio recordings you listen to, the programs you have selected & reflective symptom inputs, as well as other data needed for analysis or research.
Tracking Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
4. USE OF DATA Mindset Health Pty Ltd uses the collected data for various purposes that are closely connected to the mobile application:
- To provide and maintain our Service - To notify you about changes to our Service - To allow you to participate in interactive features of our Service when you have opted to receive this type of information - To provide customer support - To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information - Notify you when App updates are available, and of changes to any products or services we offer or provide though it
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us:
- To further develop content in both length and topic that fits your needs - To gather analysis or valuable information so that we can improve our Service - To monitor the usage of our Service - Store information about your preferences, allowing us to customize our App according to your individual interests - To detect, prevent and address technical issues
5. INFORMATION SHARED WITH OTHER SYSTEMS, SUCH AS HEALTHKIT
– Nerva does not use or disclose to third parties user data or other information gained through the use of the HealthKit framework for advertising, other use-based data mining purposes or similar services, other than for purposes of improving health or for purposes of health or medical research.
– In the case of information gained through HealthKit such sharing will only be for purposes of enabling the third party to provide health and/or fitness services or for medical research.
– We do not sell any of your information, including information gained through HealthKit, to advertising platforms, data brokers or information resellers.
– We do not use any of the information obtained through HealthKit for any purpose other than providing health and/or fitness services in connection with the Services.
6. RETENTION OF DATA
Mindset Health Pty Ltd will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
7. TRANSFER OF DATA
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
8. DISCLOSURE OF DATA
Disclosure for Law EnforcementUnder certain circumstances, Mindset Health Pty Ltd may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Mindset Health Pty Ltd may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation - To protect and defend the rights or property of Mindset Health Pty Ltd - To prevent or investigate possible wrongdoing in connection with the Service - To protect the personal safety of users of the Service or the public - To protect against legal liability - To enforce our rights arising from any contracts entered into between you and us, including the App EULA, which are shown here: https://www.nervaibs.com/terms-and-conditions and for billing and collection. - To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our App users is among the assets transferred.
9. SECURITY OF DATA
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL technology. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure.
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 App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
10. YOUR RIGHTS
Mindset Health Pty Ltd aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
- To access and receive a copy of the Personal Data we hold about you - To rectify any Personal Data held about you that is inaccurate - To request the deletion of Personal Data held about you - You have the right to data portability for the information you provide to Mindset Health Pty Ltd. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. - Please note that we may ask you to verify your identity before responding to such requests.
California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
11. SERVICE PROVIDERS
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Our third party partners have been chosen with care and are fully compliant with GDPR.
Sign Up We may use third-party Service Providers to handle the Sign-Up Process. Facebook This Service is provided by Facebook Inc. If you use Facebook as your method of logging into Nerva, it forwards your email address and name information to our data storage and your account data will be linked to this entry.
Analytics We may use third-party Service Providers to monitor and analyze the use of our Service that is fully described in 4.
Amplitude Amplitude is provided by Amplitude Inc You can prevent Amplitude from using your information for analytics purposes by opting-out. To opt-out of Amplitude service, please email firstname.lastname@example.org For more information on what type of information Amplitude collects, please visit the Privacy page of Amplitude: https://amplitude.com/privacy
Facebook Facebook Analytics is provided by Facebook Inc. You can prevent Facebook from using your information for analytics purposes by opting-out. To opt-out of Facebook service, please visit this page https://www.facebook.com/about/privacy/update
Google Analytics Google Analytics is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Mindset Health Pty Ltd the Google Analytics functionality “User ID” via all platforms on the Services to gather information on the usage of our services by you, both locally and globally to improve and help us analyze the Services. Data on the usage of the applications is gathered with the download, installation and usage of the application on a mobile device. This contains the following: device model, geographical information (only insofar as you chosen to configure your device in this way) or the operating system installed on the mobile device (iOS, Android) as well as aggregated data on the usage of the application. An identification key allows individual users of the application to be identified. The user’s login information is not stored or processed. The resulting analysis on the usage of the application helps us to improve our service, to develop new features and to optimize our focus on the needs of our users. You can opt-out from the collection of the data directly in the settings on your mobile device. For Applications on mobile devices from Apple (iOS operating system) and Android you can opt-out in the App Privacy settings. However, please note that sometimes opting out will prevent you from using the functions of the applications to their full extent. Further information regarding Google Analytics data protection policy can be found under https://policies.google.com/privacy
Firebase Firebase is a development platform for mobile and web applications which is administered by Google. Mindset Health Pty Ltd uses Firebase in its Apps to analyze user behavior and act as a . Activity data, i.e. contact gestures, scrolling or user interaction, is collected and stored. This data is recorded as part of this service and is not linked with actual user data as part of the service by us. Further information about Firebase can be found under: https://firebase.google.com/support/faq/ and about data protection under https://www.google.com/policies/privacy/.
Crashlytics In addition, our Applications also use Crashlytics, a service provided by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. This service supports the improvement and troubleshooting of our Applications by collecting and storing usage data. More information in relation to this service can be found by visiting https://try.crashlytics.com/terms/privacy-policy.pdf.
Facebook Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950 To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217 Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
14. CHILDREN’S PRIVACY Our Service does not address anyone under the age of 16 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Information for California Residents This section provides additional disclosures required by the California Consumer Privacy Act (or “CCPA”).In the last 12 months, we collected the following categories of personal information: identifiers (such as name, contact information and device identifiers), internet or other electronic network activity information (such as browsing behavior), approximate geolocation data, inferences (such as approximate location or product interests) and other personal information (such as payment method information, user credentials or health-related information). For more details about the personal information we collect, including the categories of sources, please see the “Collection of Information” section above. We collect this information for the business and commercial purposes described in the “Use of Information” section above. We share this information with the categories of third parties described in the “Sharing of Information” section above.Subject to certain limitations and exceptions, the CCPA provides California consumers the right to request to know more details about the categories and specific pieces of personal information, to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.We do not “sell” the personal information we collect (and will not sell it in the future without providing a right to opt out).California consumers may make a rights request by emailing us at email@example.com We will verify your request by asking you to provide information that matches information we have on file about you. Consumers can also designate an authorized agent to exercise these rights on their behalf, but we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.
17. CONTACT US