EFFECTIVE DATE: April 7, 2011
1.2. NOTICE CONCERNING CHILDREN PLEASE NOTE: The Site is a “general audience website”, and Mindflash does not knowingly collect or maintain Personal Information from persons under 13 years-of-age and does not direct the Site, the Services or any of our content specifically at children under 13 years of age. If you are under 13 years of age, then you may not use or access the Site or the Services at any time or in any manner. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of the Site or Services is under age 13 or if we learn or have reason to suspect that Personal Information of persons under age 13 has been collected on the Site or through the Services without verifiable parental consent, we will take steps to promptly delete any such Personal Information.
2. INFORMATION COLLECTION PRACTICES
2.1. WHAT INFORMATION DOES MINDFLASH COLLECT?
In operating the Site and providing the Services, Mindflash may collect certain information, including without limitation the following:
From time to time we will provide you the opportunity to participate in email surveys on through site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes, contact phone number and address.
We use this information to gain insight about our product and ways to improve it.
We use a third party service provider to conduct these surveys. That company is prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
If you no longer wish to participate in our surveys you may follow the unsubscribe mechanisms in the survey emails you receive.
(b) AUTOMATICALLY COLLECTED INFORMATION. Our servers automatically recognize information that your browser sends whenever you visit a website, which may include information such as the domain names and Internet Protocol (IP) addresses of visitors to the Site, as well as the browser type and the date and time of the browser’s access to the Site. No Personal Information about you is revealed in this process (but please see the following sentence) and we generally treat information collected by such process as non-Personal Information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Information by local law, we treat these identifiers as Personal Information. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
(c) COOKIES. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to the Site. Cookies help us understand user behavior, learn which areas of the Site are useful and which areas need improvement. We do not set any Personal Information in cookies. We treat information collected by cookies as non-Personal Information. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at the Site may be diminished and some features may not work as they were intended.
(d) WEB BEACONS. Our third party advertising partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
(e) COMMUNICATIONS. When you send email or other communications to Mindflash, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
3. USE AND SHARING OF INFORMATION
3.1. WHAT DOES MINDFLASH DO WITH COLLECTED INFORMATION?
(b) LEGAL DISCLOSURE OF PERSONAL INFORMATION. Without limitation to the foregoing, we may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Mindflash or its parent company, subsidiaries or affiliates, (2) protect and defend the rights or property of Mindflash or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site (such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted or required by law). You understand that such disclosure may be made without notice to you and without your consent.
(c) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell, buy or otherwise transfer portions of our company or other companies or assets, including the information collected through this Website. In the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or substantially all of the assets of Mindflash, customer information (including Personal Information) will be one of the assets transferred to the transferee.
(d) ACCESS TO INFORMATION. Unfortunately, we do not maintain any procedures for you to review changes to some of the information that we collect about you. If you have administrative privileges to your account. you may be able to modify the account information that is modifiable in the Administration Portal. If you believe that any Personal Information is incorrect or if you would like any Personal Information deleted, we will make good faith efforts to provide you with access so you can request that we correct such Personal Information if it is inaccurate or delete such Personal Information if Mindflash is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by contacting us in accordance with Section 6.1 below. In addition, you may request that we deactivate your account by contacting us in accordance with Section 6.1 below.
(e) RETENTION OF INFORMATION. Mindflash will retain Your Personal Information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purposes(s) remains valid after termination of Mindflash’s relationship with you.
(f) TESTIMONIALS. We post customer testimonials on our web site which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial.
If you would like to request to have your testimonial removed you may contact us here.
Mindflash has implemented and maintains administrative, technical and physical security measures (including data encryption measures) to help prevent unauthorized access, disclosure, loss, theft, misuse, destruction and alteration of your Personal Information, but we cannot guarantee that such measures will prevent any unauthorized access, disclosure, loss, theft, misuse, destruction or alteration of your Personal Information. Mindflash will notify you of any suspected or confirmed unauthorized access, disclosure, loss, theft, misuse, destruction or alteration of your Personal Information to the extent required by and in accordance with applicable state and federal law. We may attempt to notify you so that you can take appropriate protective steps. or we may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing in which case we will notify you in writing of such security breach.
5. WEBSITE AREAS BEYOND MINDFLASH’S CONTROL
5.1. PUBLIC FORUMS The Site may include interactive forums such as blogs, message boards, discussion forums and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your Personal Information. Mindflash will not be liable for any disclosure of your Personal Information or other information as a result of your use of any such public forums, that you display publicly or that becomes publicly known as a result of your actions. To request removal of your personal information from our blog or community forum, contact us here. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
5.2. THIRD PARTY WEBSITES The Site may contain links to other websites. If you choose to visit any other websites other than the Site, we will not be responsible for the privacy practices or content of those other Websites, and you shall bear all risk of access to such websites. It is solely your responsibility to review the privacy and usage policies at those websites and confirm that you understand and agree with their policies.
6. CONTACT INFORMATION AND POLICY UPDATES
6.1. CONTACTING US If you have any questions about this Policy, our practices related to this Site please feel contact us at [email protected] or Mindflash.com, 2825 El Camino Real, Suite 200, Palo Alto, CA 94306.
6.2. UPDATES AND CHANGES We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by means of a notice on this Site. We encourage you to periodically review this page for the latest information on our privacy practices.