Privacy Policy

Effective Date: April 10, 2024

Our Privacy Policy explains how MYNDIFYTM collects and uses the Personal Information you provide through our mobile or web applications, email, text or by phone or other form of communication (“Services”). If you reside in California, please also review our California Consumer Privacy Act Disclosure below.

MYNDIFYTM (individually and collectively, “MYNDIFYTM,” “we” or “us”) respect your privacy! Below are the steps we take to protect Personal Information provided by our users (collectively “User,” “you,” or “your”).

US Privacy laws generally define “Personal Information” as any information about an identifiable individual, which includes information used on its own or combined with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information. Personal Health Information (“PHI”) relates to specific health, medical, biometric, genetic, or other data, including but not limited to, all health information and personal health information as defined under Health Privacy Legislation, or under Health Insurance Portability and Accountability Act of 1996 (US) (“HIPAA”) as applicable.

This Privacy Policy explains what Personal Information we collect, how and why we use, store, and protect it, when and why we may share it, and how you can access, update, delete or take control of your Personal Information. You should read this policy carefully to ensure you understand our policies and how we handle your Personal Information. If you have questions about your Personal Information or our practices, please email us at Privacy@myndifyapp.com which we actively monitor to ensure you are comfortable with access to your data.  Your continued use of our website and Services after any update indicates your knowing consent to the terms of this Privacy Policy in effect on the date of your use. The date above indicates the last time we updated this Privacy Policy.

Our APP operates as an application on your phone and web browser and may include links to third-party websites, plug-ins, services, social networks, or applications. If you click on those links or enable those connections, you may allow the third party to collect or share data about you. We do not control those third parties, which maintain their own privacy policies and recommend you review the privacy policies and any Terms of Service or Terms of Use on any third-party websites. We do not accept any responsibility or liability for any third-party policies, or lack of policies.

 

DATA WE COLLECT

Personally Identifiable Information:  When you use our Services or enter information through our App or  website we may ask for your name, date of birth or age, gender, email or mailing address, phone number, or other information to provide our Services and improve your user experience.

Personal Health Information:  We do not collect or maintain any Personal Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act, 1996 (US) (“HIPAA”). MYNDIFYTM is not an “agent” or “business associate” as defined in HIPAA.

Payment Data: We do not collect personal information for payment. We use third-party processors for payment processing, financing, email services, etc. to provide our Services. They may collect Personal Information, so you should check their respective Privacy Policies.

Usage Data: We may collect data about your use of our App and Services such as the values of your searches, previous purchases, webpages visited and duration, features used, etc. to improve your experience and our App and Services.

Automatically Collected Data: We collect some data automatically when you interact with us by using our App or Services. We may receive and store information such as an IP address, device ID, geographic, demographic and your activities on our websites or blog. We may store this information, or it may be stored in databases owned and maintained by affiliates, agents, or service providers. We may use this data or combine it with other data to track the number of users and referral sources for customers and purchase of our products.

Data from other Services: You may give us permission to collect your information through other services. For example, if you login to our App or Services, or contact us through your Google or Facebook account, connect to a third-party service including but not limited to Instagram, Facebook, Twitter, LinkedIn, etc., through an icon or link on the App or Services or otherwise link your account with a third-party service, we may share the contents of your post and associated information with such third party.  Once such information is shared, the use of your information is subject to the third party’s privacy policy and this Privacy Policy will NOT apply.

Cookies: Cookies are pieces of data that websites and services set on your browser or device to improve your user experience on future visits and speed up functionality. We use cookies and similar technologies to track your computer’s settings such as the account you have logged in with and notification settings. We may expand the use of cookies and saved data as we add new features to our website or new products or services.  We may use technologies such as web beacons and single-pixel GIFS to track and log data for marketing purposes like email open rates.

We also may use third-party analytic tools such as Google Analytics that employ cookies to collect information about your use of our Services. You can disable cookies at any time by changing your browser or device settings. Further information about how to disable cookies check your Internet browser provider’s website via your help screen.

Advertisements: We may advertise our App and Services on other websites and social media sites. After clicking on one of these advertisements you become a user of our Services. Various advertising platforms such as Instagram, Facebook, Twitter, etc. may collect information for optimizing advertising campaigns outside of our website. If you do not want to receive personalized ads from third parties, you should exercise opt-out rights directly with those third parties. You can also opt-out through the Network Advertising Initiative (NAI) and Digital Advertising Alliance (DAA).  Since there is no established industry compliance standard for “Do Not Track” (“DNT”) we currently do not respond to DNT signals in our Services; we operate as explained in this Privacy Policy.

Limiting Automatic Collection. You have options regarding the Personal Information you provide to us through the use of our App or Services. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your cookies and other privacy settings check your browser settings. Please note that if you disable or refuse cookies, some parts of our Website or App may not be accessible or may not function properly.

 

WHERE YOUR INFORMATION IS PROCESSED

We are based in the United States. No matter where you are located, by using this App or our Services you consent to processing and transfer of your information in and to the United States and other countries. Please understand that United States laws and those of other countries governing data collection and use may differ from those of your location.

 

HOW WE USE YOUR PERSONAL INFORMATION

We use your Personal Information as explained in this Privacy Policy and our California Consumer Privacy Act Disclosure. If you provide us with information for a specific reason, we will use the information for that reason. For example, if you email us a question regarding the App, we use the information to email you an answer to your question. We may use the information collected to improve the quality of your user experience or service, products or support you may request. We may use the information to notify you about, market and promote improvements to our App based on your usage and interests. If we do this, any communication will contain instructions on how to “opt-out” of future marketing communications. If you ever want to ‘opt-out’ or stop receiving any marketing communication, or you wish to have your name deleted from our mailing lists, please email us at Privacy@myndifyapp.com.

 

OWNERSHIP AND TREATMENT OF PERSONAL INFORMATION.

You are and shall remain the sole and exclusive owner of all rights, title, and interest in and to your Information. Without limiting any other representation, warranty, condition, or obligation of MYNDIFYTM under our Terms of Service, we represent, warrant, and covenant that:

• We will not process, undertake, or refrain from any act, with respect to any Personal Information in any manner, including any actual or attempted processing, except for the sole purpose of performing the Services, or providing access to the App, in compliance with the express terms and conditions of this Privacy Policy or as you may hereafter expressly direct in advance in writing, and all applicable laws including all current and applicable laws relating to spamming, commercial electronic messages (CEMs), privacy, and consumer and data protection, including, without limitation, Privacy Legislation, as applicable.

• We will promptly notify you if and when we become aware of any unauthorized access, use or other act respecting Personal Information or if we become the subject of any government, regulatory, or other investigation or proceeding relating to our privacy, data security, or handling practices.

 

OUR LEGAL BASIS FOR HANDLING OF YOUR PERSONAL INFORMATION

Laws in some jurisdictions require us to explain the legal basis we rely on to use or disclose your Personal Information. To the extent those laws apply, our legal basis includes:

  • Consent: We may handle your data based on your implied or express consent to do so. Where legally permitted or required we handle Personal Information based on your implied or express consent.
  • Contractual obligations: To meet our contractual obligations to you or respond to your requests in anticipation of entering into a contract for purchasing our Services. As an example, we may handle your Personal Information to create a subscription to our Services.
  • Legitimate interests: We may handle your Personal Information on the basis that it furthers our legitimate interests in a manner that is not overridden by your fundamental rights and freedoms, such as:

○        Providing you with a safe and enjoyable user experience;

○        Customer service;

○        Marketing, such as email announcing new features of our Services;

○        Protecting you, our users, and our personnel and property;

○        Analyzing and improving our Services by collecting data about how you use our Services so we may improve design and features;

○        Processing job applications; or

○        Manage and respond to legal issues.

  • Legal compliance: If required to use or disclose Personal Information to comply with legal, regulatory or government requirements.
  • To protect your vital interests: To share your data to help resolve an urgent medical or emergency situation.

We will not cause or permit any Information to be Processed in any manner or for any purpose other than the performance of the Services in compliance with the obligations and restrictions set forth in the TOU and all applicable Laws.

 

DISCLOSURE OF YOUR INFORMATION

  • We do not sell your information because we consider it a vital part of your relationship with us.
  • Consent: If you provide us with consent to transfer your data we may do so.
  • There may arise circumstances when we may share your data with third parties, such as in a Business Transfer. If we sell or buy a business or assets or corporation, merger, reorganization, bankruptcy, dissolution or similar business event, the related transfer of assets may include your Personal Information.
  • Related Companies: We may share your information with our related companies, if any, consistent with this Privacy Policy.
  • Developers: If we utilize contracted developers for our website, App or Services, they may have access to user data as part of their services. We would require any developers to limit their use of Personal Information only to what necessary to provide their services to us.
  • Related Third Parties: In the event we hire agents, consultants or other companies or individuals to perform services for us. For example, use of a third-party payment processor for purchases.
  • Legal compliance: We may disclose your Personal Information if required by law or believe in good faith we are required to for compliance with a legal obligation, to protect our rights, property, and intellectual property, defend against legal liability, or protect Users’ or other’s personal safety, including fraud protection and credit risk reduction.
  • To fulfill the purpose for which you provide it and any other purpose disclosed by us when you provide the information.
  • Aggregated Data: We may share non-personally identifiable data (“Aggregated Data”) with third parties for our business purposes.
  • To enforce our Terms of Service.

 

TRANSFERRING YOUR PERSONAL INFORMATION

We may transfer Information that we collect or you provide as described in this policy to contractors, service providers, and other third parties we use to support our business and who are contractually obligated to keep such information confidential, use it only for the purposes for which we disclose it to them, and to process the Information with the same standards set out in this policy.

 

UNSOLICITED INFORMATION

You may voluntarily provide us with “Unsolicited Information” such as new product ideas or communicate with us without our request. By sending any Unsolicited Information you agree that it is non-confidential, and we may share, use, reproduce, disclose, and distribute it without limitation or attribution to you. You acknowledge that you bear sole responsibility and release us from all liability related to any Personal Information you willingly provide in any open or public forums to us, other Users, or the public. You also may provide information when you publish or display information on any public areas of our website if available, Services or our social media accounts or other third parties (“User Contributions”). Your Unsolicited Information and User Contributions are posted and transmitted at your own risk. Even  if we may limit access to certain pages, you acknowledge and understand that security measures are not perfect or impenetrable. We cannot control the actions of other users of our Website or Services with whom you choose to share Unsolicited Information or User Contributions. Therefore, there is NO guarantee that unauthorized persons will not view your Unsolicited Information or User Contributions.

 

CHILDREN

We only offer our Services to Users over 18 years of age. We do not intentionally or knowingly collect Personal Information from anyone under the age of 13. Of course, the parent or legal guardian of children under 18 may use our website and services on behalf of their children. If you are a parent or guardian of a child under 13 and believe they disclosed Personal Information to us, please contact us immediately at Privacy@myndifyapp.com. If you are a resident of the European Economic Area (“EEA”) which requires consent to process Personal Information, we will not knowingly process Personal Information for Users under the age of consent established by EEA data protection law. If we discover that we processed any Personal Information covered by these laws, we will cease such processing and take prompt reasonable measures to remove it from our records. If in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and any other applicable law with appropriate consent sought from the child’s parent or legal guardian where required.

 

LINKS

Our Privacy Policy only applies to our website, App and Services that we own and control. Our App, website, blog posts, newsletters, social media posts and emails may contain links to third-party web sites that we do not operate or control. This Privacy Policy does NOT apply to any third-party website. Our link to any third-party websites does not imply endorsement or appropriateness for use of those sites. Use of any third-party site or service is solely at your own risk. We recommend you review the privacy policies of every third-party site before using it.

 

DATA SECURITY

We value the security of your Personal Information. We use physical, electronic, and administrative measures to secure your Information from accidental loss, unauthorized access, use, alteration, and disclosure. As explained in out Terms of Service, we store a 30-day backup of our principal server on a separate secure server and store all information you provide to us behind firewalls on our secure servers. Any payment transactions and Personal Information will be encrypted using SSL technology.

Please note that the safety and security of your information also depends on you. When you have the option to set a password for access to the App or our Services, you are responsible for keeping this password confidential and secure. We ask you not to share your password with anyone.

MYNDIFYTM follows reasonably prudent best practices and provides a secure way to transmit information, but as with all electronic data storage, flaws may be discovered. While no company, including MYNDIFYTM, can guarantee the security of information sent over the Internet, we are committed to keeping up with evolving standards and keeping your information as secure as possible. For this reason, any transmission of information is always at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the App.

 

DATA RETENTION

In the event we retain any Personal Information we only do so for the period of time we believe required based on the purpose identified in our Privacy Policy or as required by law. When we dispose of your Personal Information we may delete, anonymize, or use other appropriate methods. Under some circumstances we may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. Based on reasonable business practices and system and data security purposes, Personal Information may continue to exist in system backup files for additional time.

 

YOUR DATA RIGHTS

We treat all users equally regardless of location. You may unsubscribe from emails by clicking the “unsubscribe” link or edit your profile setting if applicable. You may cancel any Subscription at any time in accordance with our Terms of Service and applicable subscription agreement. You may opt out from cookie-related processing as explained in the “Cookies” explanation under “Data We Collect” above. If you are in Canada, EEA, Costa Rica, or other jurisdictions, you may have legal rights to obtain confirmation of whether we hold your Personal Information, access your Personal Information (including in portable form), and to correct, update, amend or delete your Personal Information. You may have the right to object to our use or disclosure, request restrictions on processing, or withdraw your consent for us to use your Personal Information. These rights do not apply retroactively and may not affect our ability to continue processing data as those laws allow.

 

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

It is important that your Personal Information is accurate and current. Please notify us if your Personal Information changes. By law you have the right to request access to and to correct the Personal Information that we hold about you. You can review and change your Personal Information by contacting our offices at Privacy@myndifyapp.com.

If you want to review, verify, correct, or withdraw consent to the use of your Personal Information you may also send us an email at Privacy@myndifyapp.com to request access to, correct, or delete any Personal Information that you provided. We may not accommodate a request to change Personal Information if we reasonably believe the change may violate any law or legal requirement or cause the information to be incorrect.

For your protection, we may request specific information from you to confirm your identity and your right to access, change or provide you with your Personal Information that we hold about you or make your requested changes. Applicable Law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your Personal Information, subject to exceptions set out in applicable privacy legislation, including but not limited to:

• Information protected by solicitor/attorney-client privilege.

• Information that is part of a formal dispute resolution process.

• Information relating to another individual that would reveal their Personal Information or confidential commercial information.

• Information that is prohibitively expensive to provide.

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at Privacy@myndifyapp.com. If you provided consent to collect, use, and transfer your Personal Information, you may have the legal right to withdraw your consent in certain circumstances. To withdraw your consent please contact us at Privacy@myndifyapp.com. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain this to you at the time to help you with your decision.

 

GDPR, California Online Privacy Protection Act, and other specific privacy laws.

While GDPR does not provide specific guidelines for Privacy Policies, this Privacy Policy was drafted and intended to meet the requirements of GDPR. You can learn more about the GDPR here.

CalOPPA also requires websites to post a Privacy Policy. Personally Identifiable Information under CalOPPA corresponds to Personal Information as used in the Privacy Policy. You can learn more about CalOPPA here. As required by CalOPPA, we agree to the following:

  • Users can visit our site anonymously.
  • Once this Privacy Policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
  • Our Privacy Policy link includes the word ‘Privacy’ and can easily be found in the footer of each website page.
  • We notify you of any Privacy Policy changes on this Privacy Policy Page
  • You can change your personal information by emailing or calling us or logging into your account.

California law also permits minors under 18 to request removal of their User Contributions, subject to statutory exceptions. If you are under 18 years of age and reside in California, please contact us in writing by email at Privacy@myndifyapp.com or MYNDIFY, Attn: Privacy, 1150 Teaneck Rd., Unit #23, Teaneck, NJ 07666, with the subject “California Eraser Law Request” or by phone at 347-674-1512.  We may not remove your User Contributions that we must retain under applicable Federal law or that was provided by a third party. If you are a minor, we will do our best to remove your information upon your valid request. We cannot guaranty the complete or comprehensive removal of your User Contributions from our website or Services, or any information that has been republished, copied, downloaded, or reposted by any third party, and we cannot guarantee that any such information may not be accessible to users of the Internet in the future. We do not advertise or market any of our services or products identified in California Business and Professionals Code Section 22580(i) to users that we have actual knowledge are under 18 years of age.

California Consumer Privacy Act (CCPA) also provides additional options to remove your data when the collecting company meets certain minimum requirements. If you reside in California, you can see your CCPA policy here. 

 

Fair Information Practices. Should a data breach occur we will notify you via email within 7 business days. We also agree to the Individual Redress Principle which provides that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

ACCESSING, CORRECTING OR REMOVING YOUR PERSONAL INFORMATION.

To submit a request to access, correct, update, amend or delete your Personal Information, please email us at Privacy@myndifyapp.com and using “Personal Information Request” in the subject line and include an explanation of which Data right you are exercising.  On receipt of your request, we verify your identity for your protection prior to initiating any action. Once verified, we begin processing your request and respond within 30 days. You have the right to request us to stop or limit the use of your Personal Information if you believe we lack a lawful basis to use or believe it is inaccurate. If you are in the EEA, you have the right to opt out of all Personal Information processing for direct marketing. To do so, please select “unsubscribe” in any marketing email or your Profile, if applicable. You may also email us at Privacy@myndifyapp.com with the subject line “Unsubscribe.” Applicable law may limit or provide exceptions to your rights and options related to your Personal Information. You also have the right to file a complaint to the relevant supervisory authority in your location. We hope you allow us the opportunity to address your concerns about Personal Information first.

 

PRIVACY POLICY CHANGES

We may update or modify this Privacy Policy at any time without notice. We post any changes or modifications on this page. You should review this Privacy Policy before submitting any Personal Information and periodically to check for updates. The date listed at the top of this page is when we last updated our Privacy Policy. Your continued use of our  App and Services after any update indicates your knowing consent to the terms of this Privacy Policy in effect on the date of your use.

 

CONTACTING US

If you have any questions about this Privacy Policy or how we use your Personal Information, please contact us at Privacy@myndifyapp.com or send physical mail to us at: MYNDIFY, Attn: Privacy, 1150 Teaneck Rd. Unit #23, Teaneck, NJ 07666.