EFFECTIVE DATE: June 25, 2015
1.1. PURPOSE OF POLICY.
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.
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:
(a) PERSONAL INFORMATION. When you sign up for an account at the Site or register for any Services, Mindflash may ask you for personal information including, but not limited to your name, email address, phone number and credit card information (“Personal Information”).
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 personal 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’ personal information for any other purpose. We will not share the personal 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) TRACKING TECHNOLOGIES.
Mindflash and our partners (marketing tracking), affiliates, or analytics, use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, tracking users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
We partner with a third party to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertisting based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving your interest-based ads, you may opt-out by clicking here. Please note that this does not opt you out of being served ads. You will continue to receive generic ads.
We use Local Storage Objects, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
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.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page, or your can contact us at firstname.lastname@example.org
USE AND SHARING OF INFORMATION
3.1. WHAT DOES MINDFLASH DO WITH COLLECTED INFORMATION?
(a) PERSONAL 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. You will be notified via email and/or a prominent notice on our website. We may also disclose your personal information to any other third party with your prior consent.
(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. We will respond to your request within a reasonable timeframe.
(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, resolve disputes, enforce our agreements and your consent to such purposes(s) remains valid after termination of Mindflash’s relationship with you.
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.
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. 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.
5.3. SOCIAL MEDIA WIDGETS.
5.4. SINGLE SIGN-ON.
You can log in to our website using sign-in services such as Yammer or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal information (such as your name and email address) with us, and to pre-populate our sign up form. Services like Yammer give you the option to post information about your activities on this website to your profile page to share with others within your network.
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@example.com or Mindflash.com, 2825 El Camino Real, Suite 200, Palo Alto, CA 94306.
6.2. UPDATES AND CHANGES
The TRUSTe certification covers our collection, use and disclosure of information we collect through our website: www.mindflash.com and our service. The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Mindflash.
Mindflash collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that user our service, please contact the Client that you interact with directly. If you are a Client and would like to update your account please contact us We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
Mindflash has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to Mindflash’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe.
We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Mindflash will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Mobile Application Disclosure
When you download and use our services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record informtation such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.
The TRUSTe program covers only information that is collected through our website: www.mindflash.com, our mobile application and our service platform. TRUSTe does not cover information that may be collected through software downloaded from the website.
In order to view our relationship with TRUSTe, please visit the validation page visible by clicking on the TRUSTe seal. If you have unresolved privacy or data use concern that we have not addressed satisfactoriy, please contact TRUSTe at https://feedback-form.truste.com/watchdog/request.
Mindflash complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Mindflash has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Mindflash’s certification, please visit http://www.export.gov/safeharbor/