Last updated: July 14, 2020.
This is the privacy policy (“Privacy Policy”) that governs how Mind Diagnostics and our affiliated companies ("Mind Diagnostics", "we", "our" or "us"), use Personal Data (defined below) that we collect, receive and store about individuals in connection with the use of this website or websites, mobile apps, or other online media under our operation and control (collectively the “Site”).
You may choose whether or not to provide or disclose Personal Data in connection with your use of the Site. If you choose not to provide the Personal Data we request, you may still visit and use parts of the Site, but may be unable to access or use certain features, options, programs, and services. The Site may contain links to third-party websites and services that are not owned or controlled by Mind Diagnostics. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk.
We are committed to respecting privacy and recognize the need for appropriate protection and management of any Personal Data that is shared with or collected by us as part of using the Site. As used in this Privacy Policy, "Personal Data" means any information that may be used, either alone or in combination with other information, to personally identify an individual.
For clarity, this Privacy Policy also specifically incorporates our Terms of Use.
We reserve the right, from time to time at any time and at our sole discretion, to change the terms of this Privacy Policy. You can see when this Privacy Policy was last updated by reviewing the “Last Updated” notice at the top of this page. We may provide you with notice of material changes to the Privacy Policy as appropriate under the circumstances. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE SITE.
We may receive and/or collect Personal Data in the following ways:
If you send us a "Contact Us" or "Request Consultation" or "Email Results" request or feedback, or in connection with setting up an account on the Site, or if you buy or receive products or services on the Site or otherwise enter into a contract with us, or if you fill in forms or upload documents on the Site, you may provide us with certain information that may constitute Personal Data, such as:
To access certain portions of the Site, you may be required to create an account. When you create an account on the Site, we may require and request certain information and Personal Data from you, which may include your email address, full name, phone number, other contact information, and/or location (including state and country, as applicable). By providing this information to Mind Diagnostics, you consent to our storage, use, and processing of that Personal Data.
When using, buying, or receiving products or services on the Site, we may require you to provide billing information, such as billing name and address, and credit card number and details (collectively “Billing Information”).
We use third party vendors such as Stripe, to process Billing Information. We do not store or directly access any of your Billing Information. Instead, Mind Diagnostics utilizes third party payments processors to process all payments. Mind Diagnostics does not have direct responsibility or control over your Billing Information. Our agreements with the third party service providers that receive your Billing Information require them to keep the information secure and confidential.
Please note that we use certain third party service providers and business partners on the Site to enhance your experience or deliver certain services. These third parties may collect Personal Data in performing their services and/or functions on the Site. Below is a non-exhaustive list of the third parties and links to their privacy practices:
We may collect information about you through non-affiliated third parties. For example, you may be able to access the Site through a social networking account. If you access the Site through your social media account, you may allow us to have access to certain Personal Data in your social media profile. If you access our Site from another website that provides Personal Data about you in accordance with their privacy policy, then we may collect such Personal Data.
Certain information on the Site is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Site. Alone or in combination with other information, such automatically collected information may constitute Personal Data. Some of our service providers (described in Section 3.2 above) and business partners may use cookies or other methods to gather information regarding your use of the Site. For additional information about cookies, please see Section 3.4 (b). Our service and/or Business partners may use these cookies or other tracking methods for their own purposes by relating information about your use of the Site with any of Personal Data about you that they may have collectedor have access to, which shall only be granted in accordance with this Privacy Policy. The use of such information by a third party depends on the privacy policy of that third party.
Log Files on the Site. The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.
Cookies. We use cookies to make interactions with our Site easy and meaningful. When you visit our Site, our servers may send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your web browser.
We may use cookies that are session-based and/or persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your web browser’s ability to accept cookies, you will be able to navigate our Site, but you may not be able to successfully use all of the features of our Site.
The following sets out how we may use different categories of cookies and your options for managing cookies’ settings:
Required cookies: Required cookies enable you to navigate our Site and use its features, such as accessing secure areas of our Site and using our services. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into our Site, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into our Site and to process your online transactions and requests. Because required cookies are essential to operate our Site, there is no option to opt out of these cookies.
Performance cookies: These cookies collect information about how you use our Site, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information these cookies collect is aggregated and anonymized. It is only used to improve how our Site functions and performs. From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit our Site. We may also utilize Flash cookies for these purposes. To learn how to opt out of performance cookies using your browser settings visit www.aboutcookies.org
Functionality cookies: Functionality cookies allow our Site to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of our Site after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. To learn how to opt out of functionality cookies using your browser settings visit www.aboutcookies.org
Targeting or Advertising cookies: From time to time, we may track and analyze usage and volume statistical information from individuals who visit our Site. We sometimes use our own cookies as well as cookies delivered by third parties to track the performance of advertisements. For example, these cookies remember which browsers have visited our Site. The information provided to third parties does not include Personal Data, but this information may be re-associated with Personal Data after we receive it. By way of example, as you browse our Site, cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with our Site. We also contract with third-party advertising networks and similar partners that collect IP addresses and other information from web beacons (see below) on our Site, from emails, and on third-party sites. Ad networks follow your online activities over time by collecting website navigational information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our marketing efforts. Third parties, with whom we partner to provide certain features on our Site or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. To learn more about these and other advertising networks and their opt-out instructions, visit http://optout.networkadvertising.org/?c=1
Other Tracking Technologies. When you visit the Site, we may collect your IP address to track and aggregate information. For example, we may use IP addresses to monitor the regions from which you navigate the Site. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of the Site and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to our Site. We may use web beacons to operate and improve our Site and email communications.
Analytics Software Tools. We use analytics software such as Google Analytics on our Site to help us analyze the traffic on our Site. For more information on Google Analytics’ processing of Personal Data, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics
If you submit or we collect Personal Data through the Site, then such Personal Data may be used in the following ways:
We do not sell, lease, rent or otherwise disclose the Personal Data collected on and through the Site to third parties unless otherwise stated in this Privacy Policy or with your consent.
We transfer Personal Data to our third party service providers and business partners to perform tasks on our behalf and to assist us in providing the Site, as discussed in Sections 3.1 and 3.2. above. We use commercially reasonable efforts to only engage or interact with third party service providers and business partners that post a privacy policy governing their processing of Personal Data. Notwithstanding the foregoing, we will comply with applicable laws regarding Personal Data transfers and disclosures.
From time to time, we may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from us, we may share Personal Data collected in connection with your purchase or expression of interest with our joint promotion partner(s). We do not control our business partners’ use of Personal Data we collect, and their use of the information will be in accordance with their own privacy policies.
In addition, in certain instances we may participate in the paid endorsement of certain products or services. In those cases, we will work to inform you of applicable endorsements in accordance with the FCC’s Endorsement Guidelines.
We may transfer or assign this Privacy Policy and any Personal Data to a third party entity that acquires or is merged with as part of a merger, acquisition, sale, or other change of control.
The Site uses social media plugins (e.g. Facebook) to enable you to easily share information with others. When you visit the Site, the operator of the social plugin can place a cookie on your device, enabling that operator to recognize individuals who have previously visited the Site. If you are logged into the social media website (e.g. Facebook, Twitter) while browsing the Site, the social media plugins allow that social media website to share personal information about your activities on the Site with other users of their social media website. For example, Facebook Social Plugins allow Facebook to show your Likes and comments on our pages to your Facebook friends. Facebook Social Plugins also allow you to see your friends’ Facebook activity on the Site. We do not control any of the content from the social media plugins. For more information about social plugins from other media websites you should refer to those sites’ privacy and data/information sharing statements/policies.
We may disclose Personal Data about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our terms of use, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Mind Diagnostics, our users, or the public.
We reserve the right to retain any Personal Data as long as the Personal Data are needed to: (i) fulfill the purposes that are described in Section 4 (The Purposes For Which We Use Personal Data), and (ii) comply with applicable law.
If you have an account on the Site, we provide access to—and the ability to edit or delete—certain categories of Personal Data through the account.
In addition, if you would like to delete all information related to email/newsletter subscriptions, please email us at team@mind-diagnostics.org.
Subject to applicable law, if you would like to otherwise access, amend, correct, delete, export (e.g. data portability), object to the processing of Personal Data collected in and through the Site, or withdraw your consent (as applicable), you may submit a request to team@mind-diagnostics.org or write to us at: Mind Diagnostics, 1450 Garden Street, Suite N511, Hoboken, New Jersey 07030 Attn: Privacy Officer. We will promptly review all such requests in accordance with applicable laws.
Depending on where you live, you may have a right to lodge a complaint with a regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at team@mind-diagnostics.org so we have an opportunity to address your concerns directly before you do so.
You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to team@mind-diagnostics.org. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" or "Request Consultation" or "Email Results" request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).
The security of Personal Data is important to us. We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. For example, we have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Data from unlawful use, unauthorized access, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. As such, Mind Diagnostics cannot and will not ensure or warrant the security of any information (including Billing Information and account information) transmitted by you or any user via the Site over the Internet, and we will not accept any liability for any unintentional or unauthorized results or disclosures.
The Site is not intended for children under the age of 18. Accordingly, we do not intend to collect Personal Data from anyone we know to be under 18 years of age. If you are a parent or guardian, and you learn that your child or minor under the age of 18 has provided us with Personal Data, please contact us immediately. If we become aware that we have collected Personal Data from a minor without verification of parental consent, then we will immediately remove that information from our servers.
As explained in Section 3.4, the technologies used on the Site may be used to track Site users over time and across third party websites to provide targeted advertising. How browsers communicate user preferences related to the Do Not Track signal is not yet uniform so a standard technological response has not yet been developed. For this reason, the Site may not respond to Do Not Track signals at this time.
Californian users of the Site have additional rights afforded to them under the California Consumer Privacy Act 2018 (CCPA).
The CCPA sets forth certain obligations for businesses that “sell” personal information. Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past twelve months. Instead, we limit our sharing of information as set forth in our Privacy Policy, and to allow third parties to collect certain information about your activity for limited purposes, for example through cookies.
Without being discriminated against for exercising these rights, California residents have the right to request that we disclose what personal information we collect about you and to delete that information, subject to certain restrictions. You also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests.
California residents have the right to request that we disclose what categories of your personal information that we collect, use, or sell. You may also request the specific pieces of personal information that we have collected from you. However, we may withhold some personal information where the risk to you or our business is too great to disclose the information.
You may also request that we delete any personal information that we collected from you. However, we may retain personal information necessary to (a) protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality, (c) necessary for us, or others, to exercise their free speech or other rights, (d) comply with law enforcement requests pursuant to lawful process, (e) for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. Additionally, we need certain types of information so that we can provide services to you. If you ask us to delete it, you may no longer be able to access or use the Site.
California users may make a request by contacting us at team@mind-diagnostics.org. For security purposes, when you request to exercise your California privacy rights we will verify your identity. Once we have verified your identity (and your agent, as applicable), we will respond to your request as appropriate:
If we are unable to complete your requests fully for any of the reasons above, we will provide you additional information about the reasons that we could not comply with your request.
We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.
You may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf (e.g. through providing us with a signed written authorization or a copy of a power of attorney).
We may collect, store, and/or process your Personal Data because:
For of these reasons, we may legally collect, store, and/or process the Personal Data we have about you.
The Site undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights. If you are in the European Economic Area (EEA) you have the right to:
You may exercise your rights of access, rectification, cancellation and opposition by contacting us at team@mind-diagnostics.org. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
In addition to the rights available to EEA residents above, anyone utilizing our Site may have options available under applicable law. If you would like to request to review, correct, or delete Personal Data that you have previously provided to Mind Diagnostics, or if you would like to request to receive an electronic copy of your Personal Data in order to transmit the Personal Data to another company (to the extent the right to data portability is provided to you by applicable law), you may contact us at team@mind-diagnostics.org. In your request, please specifically state what Personal Data you would like to access. We may require that you verify your identity, in accordance with applicable law, before responding to any such requests. We will respond to and process all requests consistent with applicable law.
The information and Personal Data we collect may, in certain cases, be transferred, stored, and/or processed in countries outside of the country or jurisdiction of where you were when you utilized the Site or accessed the Website. If you are located in the European Economic Area (“EEA”), your Personal Data may be transferred, stored, and/or processed outside of the EEA to other countries, which may include the United States of America. All international transfer of Personal Data will be made in accordance with applicable law.
Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to team@mind-diagnostics.org