(Last Updated: July 2018 with effective date 1 November 2018)
The website is located at www.digitalmindinc.com (the “Site”), including its sub-domains and mobile optimized versions, collectively hereinafter referred to as “apps”. The Site is provided to you by Digital Mind Inc., hereinafter referred to as “Digital Mind” and as “our”, “us” and “we”. Overall, this Policy is a legally binding agreement between Digital Mind, and you, an end user of our products and services offered via the Site and the apps, and referred herein as “you”, “your(s)” or “yourself”).
This Policy shall also include our Terms and Conditions and any supplemental guidelines and policies provided by us from time to time, all incorporated herein by reference.
You can rest assured that we will never spam your inbox, provide unsolicited offers or otherwise disclose your personally identifiable information (the “PI”) to any third party, unless we have your prior express consent. Here at Digital Mind, we work hard to earn and keep your trust; and therefore we adhere to the following principles in order to protect your privacy:
- We will not sell or lease your PI to third parties.
- We will not disclose your PI with other users or third parties without your consent.
- Any PI that you provide to Digital Mind will be secured with industry standard safety protocols and technology.
As used herein and elsewhere, the words “collect”, “use”, “process”, “treat”, “disclose” and analogous shall be related to your PI and other data that we may receive from our clients, users and/or visitors, including cookies inside a computer and mobile device IDs.
In order to use the apps, you may need to disclose certain PI to us, including but not limited to: your name, last name, mobile phone number, IP address, email, mobile device ID, photo gallery, camera, microphone, mobile device type, browser type, language and/or operating system used. In addition, we offer certain payment functionalities, which require that certain third party payment processing platforms collect sensitive financial information of our users (e.g. credit card and payment information).
If you do not wish to disclose any or part of your PI to us, you may still be able to use some of the functionalities of the apps, though we will not be able to guarantee that you will be able to enjoy our products, services and benefits if you elect not to disclose it to us. Overall, your final remedies will be to close this web tab, delete your account with us, and/or exit the apps.
Purpose and Process of the Collected Information
In order for us to offer our products and provide our services, we will need to undertake the storage, use, combination, integration, disclosure, and process of your PI; including, in case, the transfer to our affiliates and other authorized third parties. By storing your PI on our secure servers, we are able to shorten your login process and allow you to modify your personal profile online. We will generally collect, use and disclose your PI to:
- Send recommendations about your browsing preferences.
- Verify your e-mail address; send password retrieval links and other account notices.
- Improve your user experience and provide you with personalized support
- Develop, research, process, safeguard and improve our services.
- Answer to queries and suggestions you submit to us.
- Improve your user experience, offer newsletters, offer promotions, send service related announcements and contact you about inquiries for our services.
the apps may offer the functionality of using your social media and other third party credentials (e.g. Facebook and Google) to execute single-sign-on, and in that manner we will also collect your PI as provided to us by such third party platforms; such as your photos, info of your social media contacts and their common contacts, login data and profile information such as “about me”, “friend lists” and “interests”. We will not collect more information when using such credentials beyond the PI such third parties generally disclose to us via their services. For more information, please refer to the terms and policies of such platforms.
Control of your information
As our user, you will generally be able to control and select the amount and type of PI you may disclose to us when using the apps. We continuously try to improve our user experience, and stride to provide you the best choices for the disclosure, edition or removal of the PI being processed by us. Accordingly, we will undertake the open and transparent management of your PI and will: (i) inform you about how your personal information may be used and disclosed (including overseas); (ii) maintain the safety and integrity of your personal information; and/or (iii) enforce your individual right to access and correct your personal information.
In order to enforce of your privacy rights, please contact us as indicated in the contact section of the Site. Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.
Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our Site. Please take into account that we may not be able to delete all of your data from our secure databases or the databases of third parties to which your PI has already been disclosed. If that is the case, please contact such third parties directly in order to request enforcement of your privacy rights. In case of secure databases under our control where deletion becomes impossible, we will make such information inaccessible.
Safety of your information
We use industry standard protocols and technology to protect your registered user information and PI, such as Secure Socket Layer (SSL) technology and secure databases. Your PI is only accessible by a limited number of our employees who have special access rights. Overall, we implement and maintain reasonable security measures to protect our databases and records from unauthorized access, acquisition, destruction, use, modification or disclosure. However, please take into account that the Internet and related transmissions are not secure or error free communication means.
Additionally, if you post information on a public forum, message board, blog or bulletin board, any PI you elect to disclose therein there may or will be read, collected and/or used by other users of such forums and could be used by third parties to send you unsolicited messages.
Through the simple use of the apps, you hereby represent and warrant that you are at least eighteen (18) years of age --or older-- as of the date of first access thereof. If you are still a minor (which may depend on the jurisdiction where you reside), you cannot access or use the apps, even under the direct supervision of your parent or legal guardian. Digital Mind does not knowingly collect any kind of information from persons under the age of thirteen (13), and will promptly delete any related information or account.
Information release and disclosure
We must reserve our right to disclose your PI when we or our affiliates, clients, contractors, licensors, officers, agents and/or representatives reasonably believe it necessary to protect our interests, or where you result to be in breach of our Terms and Conditions and/or this Policy. Accordingly, we will have the right to disclose any and all collected PI and/or data, under the following circumstances:
- If required under appslicable law, rules or regulations.
- In response to a valid request or subpoena from a government or law enforcement agency.
- To defend ourselves and our affiliates, licensors, officers, agents and representatives from legal claims and processes brought to us by third parties (including takedown notices).
- To defend the property, rights and integrity of any of our users, advertisers or licensors.
- To stop or cause to cease any actions that we may consider to cause –whether allegedly or factually– a contingency or liability.
We may also share non-personal information with third parties, such as aggregate user statistics, demographic information, and web site usage information.
Newsletters and Commercial Messages
From time to time, we will ask you for express permission and consent to receive Commercial Electronic Messages (‘CEM’). A CEM is a message in an electronic format (e.g. email, SMS, push notifications and other form of communications) which is then sent to an electronic address (e.g. email, mobile device) and that contains a message asking recipients to participate in commercial activities (e.g. purchase of products, services and invitations to participate in user research).
Our optional email newsletters are considered CEMs, and therefore you may subscribe or unsubscribe from them at will, usually on your account settings, or by following the unsubscribe links contained therein.
Cookies and beacons
From time to time, we may place the so-called ‘cookies’ in your computer in order to track and collect data regarding your use of our Site. Cookies are small text files that our Site transfers to you and that allow us permit us to recognize you and obtain data such as how, when and how long you browse pages in our Site. We also use the so-called ‘beacons’, which are small files, sometimes only a pixel in size, embedded onto the pages of our Site. Beacons are used to identify each of our pages in order to be analyzed by our system tools.
When you access the apps via a mobile device, we will use your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for appsle iOS 6 and later) instead of cookies in order to recognize you, track the number of relevant ads displayed, their performance and display.
We may also collect and use the data contained in log files, which may include your IP (internet protocol) address, your ISP (internet service provider), the browser you used to visit our site, the time you visited our Site and which pages you visited throughout our Site.
Third party sites and services
The apps may display hyperlinks to the websites of our commercial partners and other third parties. If you click on such links, you are choosing to visit such websites, and will be redirected there. Please take into consideration that we are not responsible for the privacy and personal data practices undertook by such third parties (including any tools, cookies, information or content contained thereunto), and that we do not have control over the manner in which such third-parties may collect, process, treat or use your PI.
When you use such links to go to another website, our Policy is no longer into effect and your browsing thereof is in your own and final risk. In addition, any banner or ad that we may display on the apps does not constitute any endorsement of any third party thereof.
From time to time, we may use Google Analytics, Ad Words, Double Click and/or Ad Sense tracking codes, and other third party software tools (such as remarketing codes) in order to collect information and marketing analytics about the manner in which you browse our Site. These ads served will be targeted based on your previous browsing history, and may include retargeting codes. For example, third party vendors may show you Digital Mind’ ads on certain websites across the Internet, even after you leave our Site. The collected information is anonymized, meaning it cannot be tracked back to individuals. Using such tools, we learn how to optimize, and serve ads based on a user’s past visits, providing you with a better user experience.
In order to enforce and uphold your right to privacy, you have the option to elect not to receive this type of advertising from us or third parties, now or in the future. You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, or the Network Advertising Initiative website located at www.networkadvertising.org. In addition, you may set browser, mobile device and computer system preferences for how other third parties serve ads to you.
We use third-party payment processors to manage any transactions undertook through the apps. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Digital Mind is not responsible for any and all errors by the payment processors.
Upon the case where Digital Mind specifically undertakes the process of personal data that has been duly disclosed by you to us, and that is subject to national legislation that implements the EU Data Protection Directive (95/46/EC), by clicking the "I Accept" button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and accept to such transfer.
California Online Privacy Protection Act
In compliance with CalOPPA, we have hereby posted this conspicuous Policy to the public, indicating the PI being collected and the manner in which it may be disclosed and with whom. Accordingly, our users can may visit our Site using anonymous browsing, this Policy linked in our home page, with the link including the word ‘Privacy’ or similar. We also comply with Policy changes notification to our users, and provide mechanisms that allow our users to manage their PI personal information.
We reserve the right to amend, change, suspend and/or update the apps, our services, this Policy and/or our Terms and Conditions, in whole or in part, from time to time and at our sole and final discretion. Your continued use thereof after the last effective date of modifications thereof indicates your acceptance of such modifications. We will post any updates on the apps, and may also send you an email or otherwise notify you of any material changes to this Policy.
If you have any questions or queries about us, the apps and/or this Policy, please contact us using our contact page.