Privacy Policy of Mindesk

Latest update: November 20, 2018

This Application collects some Personal Data from its Users, including You.

In order to learn more about the types of Personal Data collected, used and stored, and your rights to have that data protected, You can refer to the applicable sections of this Privacy Policy.

 

Owner and Data Controller

Mindesk, Inc. a Delaware Company
405 Howard St.
94105 San Francisco, CA

Owner contact email: [email protected]

 

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, are: Cookies (which tracks Your website visits), Usage Data (including operating system information, hardware and software information, connection and disconnection timestamps), phone number, email address, first name, last name, gender, date of birth, address, username, company name, country and various types of similarly identifying Data.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this Privacy Policy or by specific explanations given and displayed prior to the Data collection. Personal Data may be freely provided by You, or, in case of Usage Data, collected automatically when You use this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide the requested services to You. In cases where this Application specifically states that some Data is not mandatory, You are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact Mindesk directly (the “Owner”).

Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by You, in addition to any other purposes described in this Privacy Policy.

You are responsible for any third-party Personal Data obtained, published or shared through this Application and by using this Application and providing such third-party Personal Data, You confirm that You have the third party's consent to provide that Data to Mindesk.

 

Mode and place of processing the Data

 

Methods of processing

Mindesk takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of Data obtained or provided to Mindesk.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In some cases, the Data may be accessible to certain types of persons at Mindesk involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by Mindesk. The updated list of these external parties may be requested from Mindesk at any time.

 

Legal basis of processing

Mindesk may process your Personal Data if one of the following applies:

  • You have given your informed and voluntary consent for one or more specific purposes. Note: Under some applicable legislation in some jurisdictions, Mindesk may be allowed to process Personal Data until You object to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • provision of Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof;
  • processing is necessary for compliance with a legal obligation to which Mindesk is subject;
  • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in Mindesk; and/or
  • processing is necessary for the purposes of the legitimate interests pursued by Mindesk or by a third party.

In any case, Mindesk will gladly help clarify the specific legal basis that applies to the Data processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, upon Your request.

 

Place

The Data is processed at Mindesk’s operating offices and in any other places where the parties involved in the processing are located.

Depending on your location, Data transfers may involve transferring your Data to a country other than Your own. To find out more about the place of processing of such transferred Data, You can check the section containing details about the processing of Personal Data.

If broader protection standards are applicable, You are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by Mindesk to safeguard their Data.

If any such transfer takes place, You can find out more by checking the relevant sections of this Privacy Policy or by contacting  Mindesk directly using the information provided in the contact section of this Privacy Policy.

 

Retention time

Personal Data shall be processed and stored for as long as required to fulfill the purpose that they have been collected for.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between Mindesk and You shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of Mindesk’s legitimate interests shall be retained as long as needed to fulfill such purposes. You may find specific information regarding the legitimate interests pursued by Mindesk within the relevant sections of this Privacy Policy or by contacting Mindesk directly.

Mindesk may be allowed to retain Personal Data for a longer period whenever You have given informed and voluntary consent to such processing, as long as You do not withdraw Your  consent. Furthermore, Mindesk may be obliged to retain Personal Data for a longer period whenever it must do so to perform a legal obligation or upon order of a legal or government authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the retention period expires.

 

The purposes of processing

Your Personal Data is collected to allow Mindesk to provide You with Services, as well as for the following purposes: analytics, hosting and backend infrastructure, contacting You, managing support and contact requests, registration and authentication, improvement of product and services, managing contacts and sending messages, interaction with Data collection platforms and other third parties, handling payments, interaction with external social networks and platforms, transferring Data outside the EU, displaying content from external platforms and platform services and hosting.

You can find further detailed information about the specific Personal Data processed and the reasons for the processing in the respective sections of this Privacy Policy.

 

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

  1. Analytics

The services contained in this section enables Mindesk to monitor and analyze web traffic and can be used to keep track of Your behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

Google Ads conversion tracking (Google Inc.)

Google Ads conversion tracking is an analytics service provided by Google Inc. that connects data from the Google Ads advertising network with actions performed on this Application.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

WordPress Stats (Automattic Inc.)

WordPress Stats is an analytics service provided by Automattic Inc.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy.

  1. Information that Allows You to Be Contacted

Phone contact

If you provide your phone number, you might be contacted for commercial or promotional purposes related to this Application, as well as for fulfilling Your specific support requests.

Personal Data collected: phone number.

  1. Data transfer outside the EU

Mindesk is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) pursuant to the guidelines described in each sub-section below.

You can contact Mindesk directly to learn which legal basis applies to which specific service.

  1. Data transfer to countries that guarantee European standards

In the event Mindesk is transferring Data to countries that guarantee European standards, the transfer of Personal Data from the EU to third countries is carried out according to an adequacy decision of the European Commission.

The European Commission adopts adequacy decisions for specific countries whenever it considers that country to possess and provide Personal Data protection standards comparable to those set forth by EU data protection legislation. You can find an updated list of all adequacy decisions issued on the European Commission's website.

Personal Data collected: Cookies, Usage Data, phone number, email address, first name, last name, gender, date of birth, address, username, company name, country and various types of similarly identifying Data.

  1. Data transfer abroad based on consent

In the event Mindesk is transferring Data abroad based on consent, your Personal Data shall be transferred from the EU to third countries only if You have explicitly consented to such transfer, after having been informed of the possible risks due to the absence of an adequacy decision and appropriate safeguards.

In such cases, Mindesk shall inform You appropriately and collect Your explicit consent to the transfer via this Application.

Personal Data collected: Cookies, Usage Data, phone number, email address, first name, last name, gender, date of birth, address, username, company name, country and various types of similarly identifying Data.

  1. Data transfer abroad based on standard contractual clauses

In the event Mindesk is transferring Data abroad based on standard contractual clauses, the transfer of Personal Data from the EU to third countries is carried out by Mindesk according to “standard contractual clauses” provided by the European Commission.

This means that Data recipients have committed to processing Personal Data in compliance with the Data protection standards set forth by EU Data protection legislation. For further information, You may contact Mindesk directly..

Personal Data collected: Cookies, Usage Data, phone number, email address, first name, last name, gender, date of birth, address, username, company name, country and various types of similarly identifying Data.

  1. Displaying content from external platforms

This type of service allows you to view and interact with content hosted on external platforms directly from the pages of this Application.

This type of service might still collect web traffic data for the pages where the service is installed, even when You do not use it.

YouTube video widget (Google Inc.)

YouTube is a video content visualization service provided by Google, Inc. that allows this Application to incorporate video content on its pages.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

YouTube video widget without Cookies (Google Inc.)

YouTube is a video content visualization service provided by Google, Inc. that allows this Application to incorporate content of this kind on its pages.
This widget is set up in a way that ensures that YouTube will not store information and Cookies about You on this Application unless You play the video.

Personal Data collected: Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

  1. Handling payments

Payment processing services enable this Application to process Your payments by credit card, bank transfer or other financial means. To ensure greater security, this Application shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

Some of these services may also enable timed messages to be sent to You, such as emails containing invoices or notifications of payment.

PayPal (PayPal Inc.)

PayPal is a payment service provided by PayPal Inc., which allows You to make online payments.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: See the PayPal privacy policy – Privacy Policy.

Stripe (Stripe Inc.)

Stripe is a payment service provided by Stripe Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

  1. Hosting and backend infrastructure

This type of service has the purpose of hosting Data and files that enable this Application to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Application. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data is stored.

Amazon Web Services (AWS) (Amazon Web Services, Inc.)

Amazon Web Services is a hosting and backend service provided by Amazon.com Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy; United States – Privacy Policy. Privacy Shield participant.

Google App Engine (Google Inc.)

Google App Engine is a hosting service provided by Google Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

  1. Interaction with data collection platforms and other third parties

This type of service allows You to interact with data collection platforms or other services directly from the pages of this Application for the purpose of saving and reusing data.

If Mindesk is using these data collection platforms and other parties, these platforms and third parties may collect browsing and Usage Data in the pages where it is installed, even if You do not actively use the service.

MailChimp widget (The Rocket Science Group, LLC.)

The MailChimp widget is a service for interacting with the MailChimp email address management and message sending service provided by The Rocket Science Group LLC.

Personal Data collected: Cookies, email address, first name, last name, phone number and Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

  1. Interaction with external social networks and platforms

This type of service also allows interaction with social networks or other external platforms directly from the pages of this Application. The interaction and information obtained through this Application are always subject to the Your privacy settings for each social network. This type of service might still collect traffic data for the pages where the service is installed, even when You do not directly interact with it or use it. Please refer to your personal privacy settings for each social network and platform to understand the full range of potential Data collection by each individual social network and platform.

LinkedIn button and social widgets (LinkedIn Corporation)

The LinkedIn button and social widgets are services allowing interaction with the LinkedIn social network provided by LinkedIn Corporation.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy.

PayPal button and widgets (PayPal Inc.)

The PayPal button and widgets are services allowing interaction with the PayPal platform provided by PayPal Inc.

Personal Data collected: Cookies and Usage Data.

Place of processing: See the PayPal privacy policy – Privacy Policy.

YouTube button and social widgets (Google Inc.)

The YouTube button and social widgets are services allowing interaction with the YouTube social network provided by Google Inc.

Personal Data collected: Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Facebook Like button and social widgets (Facebook, Inc.)

The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook, Inc.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Twitter Tweet button and social widgets (Twitter, Inc.)

The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

  1. Managing contacts and sending messages

This type of service also makes it possible for Mindesk to manage a database of email contacts, phone contacts or any other contact information You provide Mindesk in order to communicate with You.

These services may also collect data concerning the date and time when the message was viewed by You, as well as when You interacted with it, such as by clicking on links included in the message.

MailChimp (The Rocket Science Group, LLC.)

MailChimp is an email address management and message sending service provided by The Rocket Science Group, LLC.

Personal Data collected: address, company name, Cookies, country, date of birth, email address, first name, gender, last name, phone number, Usage Data and username.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Sendgrid (Sendgrid)

Sendgrid is an email address management and message sending service provided by Sendgrid Inc.

Personal Data collected: address, company name, Cookies, country, date of birth, email address, first name, gender, last name, phone number, Usage Data and username.

Place of processing: United States – Privacy Policy.

  1. Managing support and contact requests

This type of service also allows Mindesk to use this Application to manage Your support and contact requests received via email or by other means, such as through the contact form.

The Personal Data processed depends on the information provided by You in the messages and the means used for communication (e.g. your email address).

Freshdesk (Freshworks, Inc.)

Freshdesk is a support and contact request management service provided by Freshworks, Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

  1. Platform services and hosting

This type of service has the purpose of hosting and running key components of this Application within a unified platform. Such platforms provide a wide range of tools to Mindesk – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data is stored.

WordPress.com (Automattic Inc.)

WordPress.com is a platform provided by Automattic Inc. that allows Mindesk to build, run and host this Application.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

  1. Registration and authentication

By registering or authenticating, You allow this Application to identify You and give You access to dedicated services. Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third-party services, for registration or identification purposes.

Google OAuth (Google Inc.)

Google OAuth is a registration and authentication service provided by Google Inc. and is connected to the Google network.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Linkedin OAuth (LinkedIn Corporation)

Linkedin OAuth is a registration and authentication service provided by Linkedin Corporation and is connected to the Linkedin social network.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Facebook Authentication (Facebook, Inc.)

Facebook Authentication is a registration and authentication service provided by Facebook, Inc. and is connected to the Facebook social network.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

WordPress.com Single Sign On (Automattic Inc.)

WordPress.com Single Sign On is a registration and authentication service provided by Automattic Inc. and is connected to the WordPress.com network.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

 

Further information about Personal Data

 

Revulytics (Revulytics, Inc.)

Revulytics is a web analysis service provided by Revulytics Inc. (“Revulytics”). Revulytics utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Revulytics services. Revulytics may use the Data to improve the user experience.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy: https://www.revulytics.com/privacy-policy

 

The Service is not directed to children or Minors

Under no circumstance may a person under the age of 13 use this Application.  Moreover, it is Mindesk’s intention that no Personal Data pertaining to anyone aged 16 or younger will be collected, processed, stored, transferred, sold, or otherwise used.  Therefore, by using this Application You declare yourself to be an adult according to the laws in your applicable jurisdiction.

 

Selling goods and services online

In order to provide you with services and sell you goods, Mindesk will collect Data to process Your payment and delivery.  The Personal Data Mindesk will collect to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Application depends on the payment system used.

 

Your Rights

You may exercise certain rights regarding Your Data processed by Mindesk.

If Your Data  is subject to European Data protection law, You may exercise any of the rights described below.  In all other cases, Your Data is subject to other protections, and You may contact Mindesk directly to find out which rights apply to You.

In particular, You have the right to do the following:

  • Object to processing of your Data. You have the right to object to the processing of your Data if You have not given informed and voluntary consent to it being processed.
  • Withdraw your informed and voluntary consent at any time. Even where You have given Your informed and voluntary consent to Your Personal Data being processed, You retain the right to withdraw your informed and voluntary consent at any time.
  • Access your Data. You have the right to learn if Data is being processed by Mindesk, to obtain disclosures regarding the processing, and to obtain a copy of any of Your Data that is being processed.
  • Verify and seek rectification. You have the right to verify the accuracy of Your Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. You have the right, to restrict the processing of your Data. In this case, Mindesk will not process Your Data for any purpose other than storing it.
  • Have your Personal Data deleted or otherwise removed (the “right to be forgotten”). You have the right to request and obtain the erasure of Your Data from Mindesk.
  • Receive your Data and have it transferred to another controller. You have the right to receive Your Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on Your informed and voluntary consent, and/or based on a contract to which You are a party..
  • Lodge a complaint. You have the right to bring a claim before your competent Data protection authority.

 

Details about the right to object to processing

Even where Your Personal Data is processed for a public interest, in the exercise of an official authority vested in Mindesk, or for a legitimate business purpose, You still may object to such processing by providing your grounds and explaining how your situation justifies the objection.

Where Your Personal Data is processed for direct marketing purposes, You can object to that processing at any time without the need to provide any justification or grounds. To learn whether Mindesk is processing Your Personal Data for direct marketing purposes, please refer to the relevant sections of this Privacy Policy.

 

How to exercise these rights

You may exercise Your rights concerning the use of Your Data by contacting Mindesk directly through the website (at www.mindesk.com) or through any other contact information provided on the website. These requests can be exercised free of charge and will be addressed by Mindesk as early as possible and, to the best of Mindesk’s ability,  within one month.

 

Applicability of broader protection standards

While most provisions of this document apply to all Users, some provisions expressly only apply if the processing of Personal Data is subject to the European Data protection law.

Such broader protection standards apply when the Data processing:

  • is performed by an Owner based within the EU;
  • concerns the Personal Data of Users who are in the EU and is related to the offering of paid or unpaid goods or services, to such Users; and/or
  • concerns the Personal Data of Users who are in the EU and allows the Owner to monitor such Users’ behavior taking place in the EU.

 

Cookie Policy

This Application uses Cookies. To learn more and for a detailed cookie notice, You may consult the Cookie Policy.

 

Additional information about Data collection and processing

Legal action

Your Personal Data may be used for legal purposes by Mindesk in Court or in the stages leading to possible legal action arising from alleged or actual improper use of this Application or the related Services.

You declare  yourself aware that Mindesk may be required to reveal Your Personal Data upon the request of public authorities.

 

Additional information about your Personal Data

In addition to the information contained in this Privacy Policy, this Application may provide You with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

 

System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.

 

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from Mindesk directly, at any time. Please see the contact information at the beginning of this document for information as to where and/or how Mindesk may be contacted.

 

How “Do Not Track” requests are handled

This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read the privacy policies of the third parties.

 

Changes to this privacy policy

Mindesk reserves the right to make changes to this Privacy Policy at any time by giving notice to You on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to You via any contact information available to Mindesk. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of Your consent, Mindesk shall collect new consent from You, where required.

 

Definitions and legal references

 

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

 

Usage Data

Information collected automatically through this Application (or third-party services employed in this Application), which can include: operating system information, hardware and software information, connection and disconnection timestamps, the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

 

User

The individual using this Application who, unless otherwise specified, coincides with the Data Subject.

 

Data Subject

The natural person to whom the Personal Data refers.

 

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

 

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

 

This Application

The means by which the Personal Data of the User is collected and processed.

 

Service

The service provided by this Application as described in the relative terms (if available) and on this site/application.

 

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

 

Cookies

Small sets of data stored in the User's device.

 

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to this Application, if not stated otherwise within this document.

 

Data Use Agreement

Last updated on November 20, 2018

 

This Data Use Agreement (this “Agreement”) made between you (the “User,” “You,” or “Your” as appropriate) and Mindesk, Inc. (“Mindesk”), with a principal place of business in California, at 405 Howard Street, San Francisco, CA 94105, is entered into as of the date of the signatures below (the “Effective Date”).

 

This Agreement shall be given full force and effect with the End User License Agreement. In the event of any conflict between the terms of the End User License Agreement and this Agreement, the provisions of this Agreement shall prevail. Except to the limited extent expressly modified by this Agreement, the End User License Agreement shall remain unmodified and in full force and effect.

 

Each capitalized terms used in this Agreement but not defined herein shall have the same meaning as defined in the End User License Agreement and Mindesk’s Privacy Policy (unless the context requires otherwise).

 

This Agreement covers the use of certain Mindesk products and services delivered to You via apps or Mindesk Website, including Mindesk Software, Mindesk online services, Mindesk cloud based services, and any Mindesk networks related to any of the foregoing and the licensed Software, collectively the “System.”  The System includes computer and application software, and may include associated media, printed materials, and "online" or electronic documentation, and any future versions, releases, updates, patches, error fixes and bug fixes of the above software.

 

You consent to the exclusive use of the English language in the Agreement as well as all communication from Mindesk.

 

You understand that through Your use of the System, You consent to the collection and use of certain information as described in this Agreement, including the transfer of this information to the United States and/or other countries, other than Your country of residence, for storage, processing, and use by Mindesk. Although the laws that protect personal information in those countries may differ from the laws where You live, Mindesk will take reasonable steps to ensure that Your privacy is protected.

 

This Agreement is subject to change and Mindesk will notify You in the event of a material change by posting such change prominently on the System; Your continued use of the System after such changes will indicate Your consent to the revised Statement.

 

Mindesk collects information relating to You and Your use of the System in order to provide services and features that are easy to use and responsive to Your needs. Mindesk uses the term “Personal Data” to refer to any information that directly, indirectly, or in connection with other information allows for the identification or identifiability of a natural person. Mindesk uses Personal Data for a wide variety of purposes, as described below:

  • Unless otherwise stated in this Agreement or in Mindesk’s Privacy Policy, Mindesk does not share Your Contact Information with anyone without Your express consent.
  • Mindesk may use Your Contact Information (information that allows someone to identify or contact You or any user authorized by You to contact or interface with the System, such as Your name, address, telephone number, email address) to market Mindesk and third-party products and services to You via various methods.
  • You can stop the delivery of future promotional emails from Mindesk by following the specific instructions in advertising emails You may receive. These choices do not apply to the receipt of mandatory service communications that are considered part of the Services.
  • Mindesk may use Your Service Information (information necessary or useful to us in providing the System to You, such as geographical location, software installation information, installation date, software usage data – including but not limited to installation date and time, software boot date and time, software close date and time, features activated – and devices you use and how/when You use them – including but not limited to types, model numbers, software version numbers, OS types, graphic card model). Such information will enable Mindesk to provide You with information regarding upgrades, error fixes, Software updates, and the level of Service. Mindesk uses Service Information for the operation of the System, to provide the Services, to maintain quality of the System and Services, and to provide general statistics regarding use of the System. Mindesk may also use Service Information for customer support, System restoration, and research and development activities for new products and services, and other similar purposes. Finally, Mindesk may provide certain Service Information to selected third parties, such as our business partners, for marketing purposes, where Mindesk has obtained Your specific consent.
  • Sometimes Mindesk may “anonymize” Personal Data (herein after “Anonymous Personal Data”) by removing any identifier that can be associated with Your personal Contact Information. Anonymous Personal Data helps Mindesk develop reports and analyses about how You and other users use Mindesk’s System and for other research such as behavioral inferences. Mindesk may publically share or sell Anonymous Personal Data and reports and analyses. Mindesk may disclose aggregated, Anonymous Personal Data, and analyses and reports derived from such information to third parties including utilities, Mindesk’s service providers, suppliers, advertisers, merchants, consumer and market research companies, and other organizations.
  • Mindesk uses tools to collect information from users of the System, including cookies and in-app analytics; Mindesk may use these tools to remember Personal Data when You use the Services in order to understand and analyze trends, to administer the System, to learn about user behavior on the System, and to gather demographic information about Mindesk’s user base as a whole. Mindesk may use this information in Mindesk’s marketing and advertising, both on and off the System.
  • Mindesk also uses third parties to help with certain aspects of Mindesk’s operations, which may require disclosure of Your Personal Data to them. For example, Mindesk may use a third party to communicate with You about Your account or upcoming features or services, for marketing purposes, to process and collect payment for Your Services via Your credit card, to generate demographic profiles based on Personal Data of Mindesk’s customers, and to perform other work as part of or in relation to the System that Mindesk may need to outsource. Mindesk requires these contractors and third parties to agree to protect the confidentiality of Your Personal Data and to use it only as necessary to perform the services they are asked to perform. These contractors and third parties are responsible and liable if they misuse any Personal Data.
  • Mindesk reserves the right to transfer Personal Data in the event Mindesk sells or transfers all or a portion of Mindesk’s business or assets.
  • Mindesk may disclose Personal Data if required to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on Mindesk, to protect and defend Mindesk’s rights or property, or in urgent circumstances to protect the personal safety of any individual. Mindesk may provide links to third-party websites for Your convenience and information. These websites may have their own privacy policies which Mindesk suggests You review if You visit any linked websites. To the extent such websites are not owned or controlled by Mindesk, Mindesk is not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.

 

If the System is distributed by a dealer, contractor, utility company, retailer, or other third party and You share Your Personal Data with such party, Mindesk cannot control and is not responsible for the collection, storage, disclosure, and use of Your information by such party. If the System is provided through Your utility provider or third party System provider, Mindesk may share Personal Data with Your utility provider or third party System provider in accordance with Your agreement with such utility provider or third party System provider. In some circumstances, Mindesk may share Your Personal Data with third parties upon Your request; in such event Mindesk cannot control and is not responsible for the collection, storage, disclosure, and use of Your information by such party. In these circumstances, such parties’ obligations with respect to such Personal Data are governed by their agreement with You. In the event You choose to control Your device with a third party application, software, or other offering, Mindesk cannot control or be responsible for the collection, storage, disclosure, and use of Your Personal Data by such third party.

 

Mindesk does not knowingly collect Personal Data from anyone younger than 13 years of age. If Mindesk is made aware that it has received such data from someone younger than 13 years of age, it will use reasonable efforts to remove that data from its records.

 

Mindesk is committed to protecting the security of Your Personal Data and System. Mindesk uses a variety of security technologies and procedures from unauthorized access, use, or disclosure. For example, Mindesk stores the Personal Data You provide on computer systems with limited access that are located in facilities to which access is limited. For sites to which You login, it is Your responsibility to ensure the security of Your password and not to reveal this information to others. When You move around a site to which you have logged in, or from one site to another that uses the same login mechanism, Mindesk verifies Your identity by means of an encrypted cookie placed on Your machine. Notwithstanding the foregoing, Mindesk cannot guarantee that the System or Your Personal Data cannot be compromised or hacked.  In the event that there is a security breach and/or Mindesk discovers that the security of Your Personal Data stored with Mindesk has been compromised, Mindesk will take reasonable steps to inform You and address the breach.  You agree to cooperate with Mindesk as needed to address any breach and/or maintain the security of Your Personal Data.