MyMindPal

Privacy Policy

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Privacy Policy

This was last updated 25.09.2018

MyMindPal is a trading name of mymaxme Ltd, (referred to as either “mymaxme Ltd”, “MyMindPal”, “we”, “us” or “our” in this Privacy Policy). We recognize that privacy is important. While no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your confidential information.

What does this Privacy Policy Cover?

We want to be transparent with you about how we collect and use your Personal Data in making available our platform, and "website" and tell you about your privacy rights and how the law protects you. With that in mind, this Privacy Policy is designed to describe:

• Who we are and how to contact us
• Your rights relating to your Personal Data
• Marketing communications preferences
• What Personal Data we collect
• How we use your Personal Data and why
• What happens when you do not provide necessary Personal Data?
• Personal Data from Third Party Sources
• How we use cookies and other tracking or profiling technologies
• Who we share your Personal Data with
• How we keep your Personal Data secure
• How long we store your Personal Data
• Our policy on children
• Third party links

This Privacy Policy aims to give you information on how we collect and process your Personal Data through your use of this website, including any data you may provide through this website.

The Privacy Policy is intended to meet our duties of transparency under the “General Data Protection Regulation” or “GDPR”. We will post any modifications or changes to this Privacy Policy on this page.

Your personal data – what is it?

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of personal data is governed by the General Data Protection Regulation (the GDPR)

Who are we?

mymaxme Ltd is the data controller and this means that it decides how your personal data is processed and for what purposes, to act on your rights. You can speak to us at any time using our Consent Details below. To exercise all relevant rights, queries or complaints please contact our Data Protection Officer the first instance by email privacy@mymindpal.com or in writing to:

mymaxme Ltd GDPR,
Second floor,
Stanford Gate,
South Road,
Brighton,
East Sussex,
BN1 6SB.

Exercising your Rights

Typically, you will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us at :- privacy@mymindpal.com

We will reply to your complaint as soon as we can.

If you feel that your complaint has not been adequately resolved, please note that the GDPR gives you the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.

Your rights relating to your Personal Data

Your rights under the General Data Protection Regulations 2016

The right to be informed

You have the right to be informed about what data is being collected, how and why it is being used and any 3rd parties that rely on the information.

The right of access

You may request details of personal information which we hold about you.

The right to rectification

If you believe that any information we are holding on you is incorrect or incomplete, please email or write to us as soon as possible. We will promptly correct any information found to be incorrect.

The right to erasure

Where the data we hold is not required for legal or medical record keeping you may request that it is erased.

The right to restrict processing

If you believe the data we are processing is incorrect you may request that the data is no longer processed until corrected.

The right to data portability

You may request that the data you have provided be transferred to another data controller in a machine readable format.

The right to object

You have the right to object to the processing of your data.

Rights in relation to automated decision-making and profiling are not currently utilised by our client services.

Further information can be obtained from the Information Commissioners Office website https://ico.org.uk

You can contact the Information Commissioners Office help line on 0303 123 1113

Marketing communications preferences

If you sign up to receive email newsletters or promotional materials from us we will use the information you give us to provide the communications you have requested.

You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you. If you no longer wish to receive push notifications, you may turn them off at the device level.

Where you opt out of receiving these marketing messages, this will not apply to service correspondence which help you administer your account and allows us to update you when our website changes or you receive notifications on your account.

What Personal Data we collect

All the Personal Data we collect, both from you and from third parties about you, is outlined below.

Before you continue, it might be useful to explain what “Personal Data” is. The GDPR definition of Personal Data can be found here. Essentially, it relates to: information about an individual, from which that individual is either directly identified or can be identified.

It does not include ‘anonymous data’ (i.e., information where the identity of individual has been permanently removed).

However, it does include ‘indirect identifiers’ or ‘pseudonymous data’ (i.e., information which alone doesn’t identify an individual but, when combined with certain additional and reasonably accessible information, could be attributed to a particular person).

Aggregated Data

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data, but once in aggregated form it will not constitute considered Personal Data for the purposes of the GDPR as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Behavioural Data to calculate the percentage of users accessing a specific website feature, or to understand whether and how use of our website may enhance your mood.

However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

We only share Aggregated Data (i.e. anonymous data) with your employer(s) – for instance, they will be able to see whether their workforce is overall happy or when there are periods of stress, and whether use of the website is beneficial for their employees’ wellbeing. Your employer(s) will not have access to the data on your MyMindPal account or any User Generated Data.

We also use such Aggregated Data to understand our end-users, to develop the MyMindPal offering and to share the data with health professionals and researchers.

Special Categories of Personal Data

Through our website, and the services we offer, we may collect some “Special Categories of Personal Data” about you, if you provide such data in your User Generated Data.

Special Categories of Personal Data are data that include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. Since you are able to upload details of your mood or mental state on the website (e.g. through the Happiness and Stress measures options), the data you provide us may contain data relating to your health or other Special Categories of Personal Data.

With your consent, we may also anonymise your Special Categories of Personal Data in an Aggregated Data format, in order to develop the MyMindPal offering and to share the data with health professionals and researchers.

With your consent, we share Aggregated Data that may include Special Categories of Personal Data with your employer(s), as further described in the “Aggregated Data” section above.

We do not share any of your Personal Data (including any Special Categories of Personal Data) with your employer.

We do not collect any information about criminal convictions and offences.

How we use your Personal Data and why

We will only use your Personal Data for the purposes for which we collected it as listed below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your Personal Data for an unrelated purpose, we will update this Privacy Policy and we will explain the legal basis which allows us to do so.

What is our “legal basis” for processing your Personal Data?

In respect of each of the purposes for which we use your Personal Data, the GDPR requires us to ensure that we have a “legal basis” for that use. Most commonly, we will rely on one of the following legal
bases:

• Where we need to perform a contract we are about to enter into or have entered into with you (“Contractual Necessity”).
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”).
• Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
• Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).

Different grounds than those set out above are required by the GDPR to allow us to process your Special Categories of Personal Data. Most commonly, we will rely on one of the following grounds:

• Where the processing is necessary to enable you to exercise your right to work in a safe workplace and to enable your employer’s reciprocal duty to provide a safe workplace to their employees (“Employment Ground”).

• Where the processing is necessary for the purposes of preventive or occupational medicine, the assessment of the working capacity of employees, medical diagnosis, the provision of health or social care or treatment, or pursuant to a contract with a health professional (“Healthcare Ground”). We will only rely upon the Healthcare Ground where the processing is done by, or under the responsibility of, a clinical psychologist (or other mental health professional subject to obligations of professional secrecy) and in accordance with English laws and/or rules established by a national competent body.
• Where the processing is necessary for scientific research or statistical purposes, as further explained in the “Aggregated Data” section above (“Research Ground”). We will always ensure your Personal Data is anonymised when using it for research purposes.
• Where we have your explicit and specific consent to carry out the processing for the Purpose in question (“Explicit Consent”).

Generally, we do not rely on your Consent (or Explicit Consent) as a legal basis for using your Personal Data (including your Special Categories of Personal Data) other than in the context of direct marketing communications.

What happens when you do not provide necessary Personal Data?

Where we need to process your Personal Data either to comply with law, or to perform the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the functionality of the website).

In this case, we may have to stop you from using our website with us but we will notify you if this is the case at the time.

Who we share your Personal Data with

We only share personal information with other companies or individuals in the following limited
circumstances:

• We have your consent.

• Sharing the information with our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:

(a) satisfy any applicable law, regulation, legal process or enforceable governmental request,

(b) enforce applicable Terms of Service, including investigation of potential violations thereof,

(c) detect, prevent, or otherwise address fraud, security or technical issues, or

(d) protect against harm to rights, property or safety, of our users, us or the public as required or permitted by law.

• We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users by demographic. Such information does not identify you individually.

• As permitted and described in the respective Terms Of Service of each of our services and in the My Mind Pal Legal Agreements.

Personal Data from Third Party Sources

In addition to the Personal Data that we collect directly from you (as described in the section immediately above this one), we also collect certain aspects of your Personal Data from third party sources.

How we keep your Personal Data secure

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We limit access to your Personal Data to those employees and other staff who have a business need to have such access. All such people are subject to a contractual duty of confidentiality.

We have put in place procedures to deal with any actual or suspected Personal Data breach. In the event of any such breach, we have systems in place to work with applicable regulators. In addition, in certain circumstances (e.g., where we are legally required to do so) we may notify you of breaches affecting your Personal Data.

How long we store your Personal Data

We keep data in accordance with Guide to Data Protection – Principle 5 Retaining Personal Data, we retain all records while you have on-going services with us, if you do not have any services with us your data may be held for a period of up to 2 years. Unless a longer retention period is required by law (for example for regulatory purposes).

Cookies - What are they?

We may collect information using “cookies”. Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.

We use two broad categories of cookies:

• first party cookies, served directly by us to your computer or mobile device; and • third party cookies, which are served by our partners or service providers on our Site.

Cookies we use

Our Site uses the following types of cookies for the purposes set out below:

Google Analytics

We use Google Analytics to collect information about visitor behaviour on our website. Google Analytics stores information about which pages you visit, how long you are on the site, how you got here and what you click on. This Analytics data is not tied to personally identifiable information. We therefore do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.

You can find out more about Google’s position on privacy as regards its analytics service at http://www.google.com/intl/en_uk/analytics/privacyoverview.html

• We use Google Analytics to analyse the use of our website.

• Our analytics service provider generates statistical and other information about website use by means of cookies.

• The analytics cookies used by our website have the following names: [_ga, _gid, _gat, AMP_TOKEN, _gav_, __utma, __utmt, __utmb, __utmc, __utmz, __utmv].

• The information generated relating to our website is used to create reports about the use of our website.

• Our analytics service provider’s privacy policy is available at http://www.google.com/policies/privacy/.

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings”, “help” “tools” or “edit”
facility). Many browsers are set to accept cookies until you change your settings.

If you do not accept our cookies, you may experience some inconvenience in your use of our website.
For example, we may not be able to recognise your computer or mobile device and you may need to log in every time you visit our website.

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.

You can also prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB

Local Storage

We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on the website may also use HTML5 to collect and store information.

Mobile Analytics

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your mobile phone. This software may record information such as how often you use the Site, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to any personal information you submit within the mobile application.

Log Files

As true of most websites, we gather certain information automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

If you receive the HTML-formatted version of our emails, your opening of the email is notified to us and saved. Your clicks on links in the emails are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.

Third party links

This website may include links to third-party websites, plug-ins and applications.

Clicking on those links or enabling those connections may allow third parties to collect or share your Personal Data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Support

Working hard to keep our services always online and up to date is more than just our job. It’s who we are and part of our core values. We strive to ensure the highest level of continuity throughout all our the services we provide.

To allow us to support you fully, we reserve the right to share access to our providers, they are: Shout Web Solutions Ltd, Rackspace US INC, UKFast.Net Ltd, Comodo Group INC.

We grant the following types of access to allow our providers access to support My Mind Pal and yourself, this includes:

– Access to our Servers (Hardware Support Only)

– Access to our Admin Panel (Software Queries Only)

– Access to our Email System (Email Queries Only)

Social Media

This website does include social media sharing buttons to 3rd party sites such as Facebook, Twitter,
Google+ and LinkedIn, which may set 3rd party cookies. Please refer to 
Google+ these sites’ individual privacy
policies for further information.

Our policy on children

This website is not intended for children below 16 and we do not knowingly collect data relating to such children.

Terms and Conditions

Scroll down to read our terms and conditions and click "I agree" when you're ready to continue.

These terms and conditions govern your use of our website.Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

1. Site Access
1.1 You will be able to access the majority of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible only if you have registered.]

2. Use of Website
2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.

3. Site Uptime
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

4. Visitor Conduct
4.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

4.2 When using this website you shall not post or send to or from this Website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

4.3 [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]

5. Links to and from other websites
5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

6. Exclusion of Liability
6.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

6.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1966); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

6.3 Any advice or other materials in the website are intended for general information purposes only. We provide information services via our website. The output from these does not constitute medical advice, diagnosis or treatment.

6.4 They provide information to you based on information entered. They do not diagnose your own health condition or make treatment recommendations for you. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances.

6.5 The advice and other materials we make available are not intended to replace your healthcare providers. You shouldn’t take or stop taking any action (such as taking medicines) based on information from our information services. You should always talk to a qualified medical professional about any questions you may have about a medical condition. If you think you have a medical emergency, you should call your doctor or the emergency services immediately.

6.6 We make no promises and are not liable about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the website. We make no warranties in relation to the output of our website If you contact us through the info@ support section of our website, and want human support, please be aware that, unless they tell you otherwise, the people responding to your request for help are not doctors or professional medical advisors.

6.7 Every member of our staff is under a strict duty of confidentiality. We do not guarantee the availability of any particular staff member at any particular time. We do not tolerate abuse or offensive behaviour towards our staff.

6.8 There have been rare reports where people with certain psychiatric problems have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice and/or using our website.

7. Governing Jurisdiction
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

8. Our Details
Our business’s name is: MyMaxMe Ltd (company no 07588450)

Our business address is: 2nd Floor, Stanford Gate, South Road, Brighton, East Sussex, BN1 6SB

Our contact details are: info@mymindpal.com

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