Last Modified: 11/14/2019
1. Who We Are
We are Mindgruve Holdings, Inc. (“we,” “our,” “us”). Our address is 627 8th Avenue, San Diego, CA 92101. Feel free to email us firstname.lastname@example.org or call us (619) 757-1325 with questions or concerns.
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2. The Data We Collect About You
We collect several different types of personal information from you depending on how you interact with our Services. Personal information means any information about an individual from which that person can be identified. It does not include information where the identity has been removed or is not able to be associated with an individual.
Depending on how you interact with our Site and use our Services, the personal information we collect may vary. Most of the information we collect is given to us by you directly when you use our Services. Occasionally, we collect information from your device which helps us better provide our services to you.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, last name, and title.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of personal data about you (this includes 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). Nor do we collect any information about criminal convictions and offenses.
If You Fail To Provide Personal Data
Where we need to collect personal data by law, or under 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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How We Collect Your Personal Information
We collect your personal data directly and indirectly from you. Your direct information is provided when we ask you for it and you provide it to us, like when you post information, send us an email or call us, or enter information into a web form. In addition, as you interact with our sites, we will automatically collect
Data We Collect From Third Parties
We may receive personal data about you from various third parties, as follows:
- We receive Technical Data from analytics providers (we use Google Analytics and Crazy Egg, both based in the U.S.)
- We receive Technical Data from advertisers (we advertise through DoubleClick, Google Ads, Bing Ads, and LinkedIn Ads, all based in the U.S.)
4. How We Share Your Personal Information
From time to time, we may need to share your personal information with others, including in the following circumstances.
Third Party Service Providers. We may share your personal information with third party service providers who perform various functions to enable us to provide our services and help us operate our business, such as website design, sending email communications, fraud detection and prevention, customer care, or performing analytics. Our contracts with these third parties require them to maintain the confidentiality of the personal information we provide to them, only act on our behalf and under our instructions, and not use personal information for purposes other than the product or service they’re providing to us or on our behalf.
With our Affiliates and Partners. When participating in events or activities that we offer along with our partners and/or affiliates, you may be asked to share personal information with those affiliates and/or partners. In such a situation, the information we obtain from you may be shared with our affiliates. In some instances, we may act as joint-controllers of your personal information, depending on the circumstances. We may share information that we collect through the Site with them in order to facilitate the provision of services, provide them with relevant information regarding your use of our Services.
With Unaffiliated Third Parties. In some cases we may transfer personal information to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf.
Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief we’re required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.
Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you’d like to stop receiving promotional information following any change of control.
With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your personal information may be shared with other third parties.
5. How We Use Your Personal information.
We will only use your personal information when allowed by law. Generally, we will use your personal information: (a) where we need to perform the contract we are about to enter into or have entered into with you; (b) where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests; and (c) where we need to comply with a legal or regulatory obligation.
Purposes for which we will use your personal information
Below is a chart of some of the common ways in which we process your personal information. We have identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data
(varies depending on circumstances)
|Lawful basis for processing including basis of legitimate interest|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).||Technical Data
|Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)|
|To provide you with information and marketing communications about our products and services.||Marketing and Communications Data||Consent
Legitimate Interests (in marketing goods or services in which you may have a personal interest based on our ongoing business relationship).
|To provide you with third party offers that may be relevant to you.||Marketing and Communications Data||Consent|
|To respond to customer service requests including order status and chat communications.||Identity Data
|Legitimate Interest (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
6. Marketing and Advertising Practices
Advertising. Mindgruve uses advertising to help promote our services and we utilize advertising technology providers to help deliver relevant advertising to you. Mindgruve and the technology service providers may collect, receive, and/or use your personal data in connection with our use of the platform in order to provide interest-based advertising to you. In such cases the advertiser is acting as a controller of the data for its own purposes.
Most of the third-party advertising and data companies we work with, subscribe to the DAA Principles and/or are members of the Network Advertising Initiative (“NAI”). To learn more about the information collection practices of NAI members and your related opt-out choices, please visit the NAI’s website here. For more on EU online choices, please visit the EU online choices website here. You can opt out of advertising from Google by visiting the About Google Ads page or opt out of the DoubleClick cookie by installing the DoubleClick opt out extension. For information about how Google uses data from DoubleClick for Publishers, click here. For information about how Microsoft uses data, click here. You can opt out of advertising from Microsoft by clicking here. For information about how LinkedIn uses data, click here.
Please refer to the privacy policies of our advertising partners for more information on how to exercise your rights and control your advertising choices. Our advertisers include the following:
7. Data Security
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data Retention
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data (see “EU Data Subjects Legal Rights”). In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. International Data Transfers
Mindgruve has its headquarters in the United States and the information we collect will be processed in the U.S. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Where we transfer EU data subject’s personal information to third parties outside of the European Economic Area (EEA), we rely on appropriate suitable safeguards or specific derogations recognized under data protections law, including the GDPR. The European Commission has adopted standard data protection clauses, which provide safeguards for Personal information transferred outside of the EEA. We may use Standard Contractual Clauses when transferring Personal information from a country in the EEA to a country outside the EEA whenever appropriate.
10. EU Data Subjects Privacy Rights
EU data subjects have certain rights with respect to your personal information that we collect and process. We respond to all requests we receive from individuals in the EEA wishing to exercise their data protection rights in accordance with applicable data protection laws.
- Access, Correction or Deletion. You may request access to, correction of, or deletion of your personal information. Please note that even if you request for your personal information to be deleted, certain aspects may be retained for us to: meet our legal or regulatory compliance (e.g. maintaining records of transactions you have made with us); exercise, establish or defend legal claims; and to protect against fraudulent or abusive activity on our Service. Data retained for these purposes will be handled as described in Section 9 “Data Retention”, above.
- Objection. You may object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Restriction. You have the right to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Portability. You have the right to request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw Consent. If we have collected and processed your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- File a complaint. You have the right to file a complaint with a supervisory authority about our collection and processing of your personal information.
To file a request or take action on one of your rights, please contact us at the contact details provided. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, 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 information (or to exercise any of your other rights). This is a security measure to ensure that personal information 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.
11. Children’s Privacy
We are committed to complying with the laws protecting the privacy of children, including the United States’ Children’s Online Privacy Protection Act (COPPA). Our Services are not directed to children under the age of 16. We do not knowingly collect personal information from children under the age of 16. If we receive personal information that we discover was provided by a child under the age of 16, we will promptly destroy such information. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.
12. Your California Privacy Rights (Under California Civil Code Section 1798.83)
14. How to Contact Us
627 8th Avenue
San Diego, CA 92101
Phone: (619) 757-1325