Terms of service
Last Updated: March 12, 2023
The MindHappy website, located at https://mindhappy.com/, (the “Site”), is a copyrighted work belonging to MINDHAPPY, LLC, a Maryland limited liability company with its primary place of business in the state of Maryland, d/b/a “MindHappy” (herein, “MindHappy”). MindHappy is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our Site and related services (“Services”). As of the date the Site is launched, the Site may not have all of the features referenced in this Privacy Policy. However, MindHappy plans to add the full set of features referenced in this Privacy Policy to the Site in the near future. Capitalized terms not defined in this Privacy Policy have the meaning given in our Terms of Service.
For the purposes of this Privacy Policy:
- You means the individual, the company, or other legal entity on behalf of which an individual is accessing or using the Site or Services as applicable. Under General Data Protection Regulation (“GDPR”), you can be referred to as the “Data Subject” or the “User” as you are the individual using the Site or Services.
- Company, referred to as either “the Company”, “we”, “us” or “our” in this Privacy Policy, refers to MindHappy. For the purpose of the GDPR, the Company is the “Data Controller.”
USER CONSENT. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection and use of your Personal Data in accordance with this Privacy Policy.
TYPES OF DATA WE COLLECT. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, e-mail address, credit card information for account set up and billing, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
Personal Data You Provide to Us.
In general, you can visit the Site without disclosing any personal information. At times, MindHappy will require Personal Data regarding a customer. For example, to process an order or provide a subscription, MindHappy may collect information such as your first and last name, e-mail address, biographical information, birth date, address, state, province, city, and zip code. Personal Data will also be collected when you create an account (“Account”) or through various other Site forms as may be used from time to time.
We also retain information on your behalf, such as files and messages that you store using your Account.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, and any information that you submit to us, as well as any other content included in the e-mail, in order to send you a reply.
When you participate in one of our surveys or informational forms, we may collect additional profile information including but not limited to, Personal Data and other personal information.
We may also collect Personal Data, such as at other points in our Site that state that Personal Data is being collected.
Personal Data Collected via Technology. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect Personal Data from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our Site or access your Account on our network. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.
Personal Data That We Collect from You About Others. If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. You or the third party may contact MindHappy via the “Contact Page” on the Site to request the removal of this information from our database.
USE OF YOUR DATA
General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better with relevant content and future promotional offerings. MindHappy uses your Personal Data in the following ways: to facilitate the creation of and secure your Account on our network; identify you as a user in our system; provide improved administration of our Site and Services; improve the quality of experience when you interact with our Site and Services; send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created; send you administrative e-mail notifications, such as security or support and maintenance advisories; manage your Account; respond to your inquiries or other requests; send promotional communications; provide you with personalized subscription and content suggestions; provide you with hardcopy or electronic newsletters, or surveys; send upgrades and special offers related to our Services and for other marketing purposes of MindHappy or our Third Party Companies, should you opt-in to receive such communications by following the instructions we provide; send e-mails to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.
Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. MindHappy reserves the right to use and disclose Anonymous Data to Third Party Companies in its discretion.
Retention of Your Personal Data. MindHappy will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. MindHappy will also retain data collected automatically, either generated by the use of the Site or Services or from the Site or Services infrastructure itself (for example, the duration of a page visit) (“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 Site or Services, or we are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data. Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information 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.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
DISCLOSURE OF YOUR PERSONAL DATA
Affiliates. Although MindHappy currently does not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), MindHappy may in the future. MindHappy may share your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), MindHappy may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or regulations or to respond to subpoenas or warrants served on MindHappy; (b) protect or defend the rights or property of MindHappy or users of the Services; (c) prevent or investigate wrongdoing in connection with the Service; or (d) protect the personal safety of Users of the service or the public.
THIRD PARTIES
Third Party Websites. MindHappy’s provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our Site and go to another site. During this process, another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.
Disclosure to Third Party Service Providers. Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Personal Data collected from our Services to other entities. However, we may share your Personal Data with natural or legal persons who process the data on behalf of MindHappy and third-party companies or individuals employed by MindHappy to provide you with the Services that we offer you through our Site (“Service Providers”); to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; or for payment processing. These third party Service Providers are required not to use your Personal Data other than to provide the services requested by MindHappy. You expressly consent to the sharing of your Personal Data with our contractors and other service providers for the sole purpose of providing services to you.
Third Party Companies. We may receive Personal and/or Anonymous Data about you from other sources like telephone or fax, or from companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our Site (“Third Party Companies”). Our Third Party Companies may supply us with Personal Data, such as your address e.g., calendars and address book information, in order to help us establish the account. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.
Disclosure to Third Party Companies. We may enter into agreements with Third Party Companies. A Third Party Company may want access to Personal Data that we collect from our customers. As a result, we may disclose your Personal Data to a Third Party Company; however, we will not disclose your Personal Data to Third Party Companies for the Third Party Companies’ own direct marketing purposes, unless you have “opted-in” by following the instructions we provide to allow such disclosure. If you have opted-in to receive e-mail communications from a Third Party Company and later wish to discontinue receipt of these e-mails, please contact the Third Party Company directly to update your preferences. The privacy policies of our Third Party Companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such Third Party Companies. Because we do not control the privacy practices of our Third Party Companies, you should read and understand their privacy policies.
YOUR CHOICES REGARDING YOUR PERSONAL DATA
Choices. MindHappy may offer you choices regarding the collection, use, and sharing of your Personal Data. MindHappy may periodically send you free newsletters and e-mails that directly promote the use of our Site or the purchase of our Services and may contain advertisements for Third Party Companies. If you receive newsletters or promotional communications from MindHappy, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Service or Privacy Policy.
Changes to Personal Data. You may change any of your Personal Data in your Account by editing your profile within your Account or by contacting MindHappy via the “Contact Page” on the Site. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
PAYMENTS
We may provide paid products and/or services within the Site or Services. In that case, we may use third-party services for payment processing (e.g. payment processors). These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Paypal.
Their Privacy Statement can be viewed at https://www.paypal.com/c2/webapps/mpp/ua/privacy-full?locale.x=en_C2.
SECURITY OF YOUR PERSONAL DATA. MindHappy is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. Despite these measures, you should know that MindHappy cannot eliminate security risks associated with Personal Data and mistakes and disclosures may happen.
GDPR PRIVACY
Legal Basis for Processing Personal Data under GDPR. We may process Personal Data under the following conditions:
Consent. You have given your consent for processing Personal Data for one or more specific purposes.
Performance of a contract. Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
Legal obligations. Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
Vital interests. Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
Public interests. Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
Legitimate interests. Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
Your Rights under the GDPR. MindHappy undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights. You have the right under this Privacy Policy, and by law if you are within the EU, to:
Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Site or Services.
CCPA PRIVACY
Your Rights under the CCPA. California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are residents of the State of California in the United States to annually request and obtain, at no charge, information about the personal information (if any) we have disclosed to third parties for direct marketing purposes in the preceding calendar year. This information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared 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 via the “Contact Page” on the Site.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
A NOTE ABOUT CHILDREN. We do not intentionally gather Personal Data about visitors who are under the age of thirteen (13). If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.
If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.
A NOTE TO USERS OUTSIDE OF THE UNITED STATES. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
CONTACT INFORMATION. MindHappy welcomes your comments or questions regarding this Privacy Policy. Please contact us via the “Contact Page” on the Site.
CHANGES TO THIS PRIVACY POLICY. This Privacy Policy is subject to occasional revision in accordance with the Terms of Service. Changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.