Terms of Use & Privacy Policy

TERMS OF USE AND SERVICE.

Personal Zen is a scientifically validated application for reducing stress and anxiety by building positive habits of attention. We provide our PersonalZen.com website and our Personal Zen mobile application as services to our customers.  We sometimes refer to them as the “Site” and the “App”, respectively, but collectively refer to them and our other related products and services as the “Services”.

We use the terms “we”, “us”, and “our” to refer to Wise Therapeutics, Inc., the owner of Personal Zen. The terms “you”, “your” refer to you, the person using the Services, as a “User”.

When you use the Services, you acknowledge that you have read and understand these Terms of Use (“Terms”) and agree to comply with and be bound by them, including any changes we make to them from time to time. They may be modified at any time by us upon posting of the modified Terms. Any such modifications shall be effective immediately. You can view the most recent version of the Terms at any time on the Site or in the App. Each use of the Services by you shall constitute and be deemed your unconditional acceptance of these Terms.

If you violate the letter or spirit of these Terms, or otherwise create a risk or possible legal exposure to us, or for any other reason that we, in our sole discretion deem necessary, we can stop providing all or part of the Services to you. We will notify you by the email you provided in your registration for the Services or at the next time you attempt to access your account of any termination of Services.

Your access to and use of the Services is conditioned upon your acceptance of and

compliance with these Terms, and any terms, policies, or guidelines referenced herein upon creating a User profile. These Terms apply to Users who access or use the Services. By accessing or using the Services, you agree to be bound by these Terms.

IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST EXIT THE SERVICES IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION AND THE SERVICES. 

Personal Zen hereby incorporates by reference any additional terms, conditions and privacy notices to these Terms as if set forth fully herein.

Introduction

Welcome to Personal Zen!  We provide the Services to Users. Please be aware that the Services provided by us may change from time to time, and depending on the change, it may or may not alter the terms of these Terms. These Terms apply to all Users and govern a User’s access to and use of the Services. By accessing or using the Services, you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement.

We make every effort to protect and secure the Personal Information that you share and add to the Services. The collection and storage of any Personal Information and/or PHI is subject to the terms enumerated in our Privacy Policy https://personalzen.com/legal/, which is incorporated in these Terms as if set forth at length herein.

Should you encounter any bugs, glitches or other forms of troubleshooting related issues, please contact us at feedback@personalzen.com.

The remainder of these Terms is intended to act as a contract between us and all visitors, Users, and others who access or use the Services. The terms, restrictions, disclaimers, and other legal notifications will affect the way the Users access and use our Services.

Rules of User Conduct

We offer unique Services that allow you to engage in evidence-based methods to reduce stress.  As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following rules of conduct (“Rules of Conduct”):

  • Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
  • Do provide accurate information to us and update it as necessary.
  • Do review and comply with our Privacy Policy and these Terms.
  • Do review and comply with notices sent by us concerning the Services.
  • DO NOT act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable information or other content (“Content”). 
  • DO NOT include information in the Services, except in designated fields, that reveals the identity Personal Information or PHI. 
  • DO NOT use any information, data or content you view or obtain from our Services to provide any services that are competitive with our Services. 
  • DO NOT imply or state, directly or indirectly, that you are affiliated with or endorsed by us, unless you have entered into a written agreement with us that expressly permits you to say that. 
  • DO NOT rent, lease, loan, trade, sell or re-sell access to the Services or any Content (other than Content you personally own) or any data on the Services. 
  • DO NOT use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any part of the Services. 
  • DO NOT use bots or other automated methods to add or download Content or send or redirect messages or other permitted activities other than through our sanctioned tools. 
  • DO NOT access the Services for purposes of monitoring its availability, performance or functionality, or for any competitive purpose. 
  • DO NOT engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services. 
  • DO NOT access the Services by any means other than through the interfaces provided by us. 
  • DO NOT override any security component included in or underlying the Services. 
  • DO NOT engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses. 
  • DO NOT remove any copyright, trademark or other proprietary rights notices contained in or on the Services, including any of our notices or notices of our licensors, or any notices of any other users (for more information, see below under “Ownership and Copyright Notice”). 
  • DO NOT collect, use or transfer any information, including any Personal Information, obtained from the Services, except as expressly permitted in the Terms or as the patient may expressly permit in writing.
  • DO NOT interfere with or disrupt the Services, including but not limited to any servers or networks connected to the Services. 
  • DO NOT infringe or use the Services’ or our brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL. 
  • DO NOT access, tamper with, or use non-public areas of the Services, our computer systems, or our technical delivery systems. 
  • DO NOT forge any Transmission Control Protocol/Internet Protocol (“TCP/IP”) packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
  • DO NOT upload, post, email, transmit or otherwise make available or initiate any communication, Content or data that: 
    • Any inappropriate or pornographic image.
    • Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your affiliations with a person or entity, past or present.
    • Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.  
    • Adds to a data field any information that is not intended for such a field (i.e., submitting an email address in the “title” or any field other than a field requesting an email address). 
    • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements. 
    • Infringe or misappropriate any patents, trademarks, trade secrets, copyrights or other rights. 
    • Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.  
    • Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment. 
    • Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication.

We grant you a limited, revocable, non-exclusive, and non-transferable license to use the Services subject to these Terms. We are the author and/or authorized sub-licensor of certain materials owned and created by us or our licensors. We grant you a limited, revocable, non-exclusive, and non-transferable license to use the information, images, and other content provided by the Services (the “Materials”) solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree to not copy, reverse engineer, translate, port, modify or make derivative works of the Materials, break into the Services, or use the Materials or Services in violation of any law. Your use of the Services is at our discretion and we may terminate such use at any time. 

We reserve the right, and you authorize us, to use and assign all information regarding your use of the Services, and all information provided by you in connection with the Services, in any manner consistent with our Privacy Policy.

Privacy

Your use of the Services is also governed by our Privacy Policy. Please review our Privacy Policy at https://personalzen.com/legal/.

Ownership

All content made available as part of the Services is and shall continue to be our property or that of our content suppliers and is protected by applicable copyright, patent, trademark, and other proprietary rights. Any copying, reproduction, modification, publication, uploading, or posting by you of any such content or any part of the Services is prohibited, except as expressly permitted by these Terms of Use. Under no circumstances will you acquire any intellectual property rights, ownership rights, or other interest in any content by or through your use of the Services. We reserve any rights not expressly granted herein.

Intended Audience, Services are Not Intended for Use by Minors/Children

The Services are intended for persons aged 18 years or older, and specifically not intended for any children under the age of 13. Such children should not use the Services. Minors are not permitted to use the Services without being under the direct supervision of a parent/guardian, or other responsible adult. Parents and other guardians or custodians may be granted access, subject to applicable law and appropriate verification, of information concerning their minor children. Adults should not assist minors in accessing the Services unless the minor is being supervised by a parent/guardian, or other responsible adult. When visitors enter information or use the Services, the User is representing that he/she is an adult over 18 years old. We will not communicate directly with a minor.

 

If you believe that a child under 13 may have provided us with any information, please contact us at feedback@personalzen.com.

Trademarks

The Services are protected by our trademarks or registered trademarks. Other product, service and company names mentioned as part of the Services (if any) may be trademarks of their respective owners.

No Endorsement

We and the Services are not necessarily affiliated with other products, services, websites, or applications and we are not responsible for their content. Any products, services, websites, or applications that are linked to the Services are so linked for your convenience only and you access them at your own risk. Links to products, services, websites, or applications other than ours do not imply our endorsement or approval.

 

No Medical Advice

The Services are for informational purposes only, are not intended to diagnose, treat, cure, or prevent any disease or other physical or mental condition, and are not a substitute for medical advice. You agree that the Services are designed solely to aid in self-improvement in an informational way and not intended as a replacement for medical or psychological treatment. No medical claims are intended, expressed, or implied.

You should consult and follow the advice of your physician at your sole discretion for any physical or mental condition you may have, and before using the Services. Do not use the Services while under the influence of alcohol or other mood altering substances, whether legal or illegal, or while driving or operating heavy machinery.

Statements made in connection with the Services have not been evaluated by any governmental agency.

 

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Services. You further agreed that information provided by you in connection with the Services is truthful and accurate to the best of your knowledge. You agree to comply with applicable data protection and data privacy laws in accordance with these Terms. To the extent that any of the work, the delivery of any products, or the performance of any Services by us involves the exchange of Personal Data that requires compliance by us with an existing Data Privacy Law you agree to notify us prior to the transfer of any such Personal Data. 

We provide the Services from a location in the State of New York, United States of America. You acknowledge and consent to the transfer and processing of any Personal Data by Personal Zen to and within the United States. We make no representation that the Services are appropriate for use in other locations. When you access the Services from New York and other locations, you are responsible for compliance with local laws. 

You agree that the laws of the State of New York, United States of America, without regard to conflicts of laws provisions, will govern these Terms of Use and any dispute that may arise between you and us or our affiliates. You agree to subject yourself to the courts of the State of New York in the County of New York and hereby agree to waive your rights to a jury trial.

 

Limitation of Liability and Indemnification

You agree to indemnify, defend and hold harmless us and our partners, employees, and affiliates from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or your use of the Services. You may not settle any dispute without our prior consent, which may be given only in a non-electronic writing signed by our authorized representative.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOU AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR RELATED TO THE SERVICES. YOU ASSUME FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES.

NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, PAID BY YOU TO US DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.

NEITHER WE NOR ANY AFFILIATE OF OURS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

BY ACCESSING AND USING THE SERVICES YOU AGREE TO MAKE US, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND STRATEGIC PARTNERS WHOLE FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, REGULATORY FINES/PENALTIES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM AND RELATED TO ITS USE OF THE SERVICES OR ANY VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. YOU AGREE TO PAY REASONABLE ATTORNEYS FEES RELATED TO US FOR THE ENFORCEMENT OF ANY PROVISION OF THESE TERMS.

 

Your Representations and Warranties

You represent and warrant that: (a) you possess the legal right and ability to agree to these Terms of Use; (b) all information submitted by you in connection with the Services is true and accurate; (c) you are at least 18 years old; and (d) you will not use the Services for any purpose that is prohibited by these Terms.

 

Our Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.  WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND WE EXPRESSLY DO NOT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

 

 

Personal Zen Safety and Account Registration/Security

Users are responsible for safeguarding the password that they use to access the Service and for any activities or actions under his/her username and password. Therefore, you must not share or disclose your password with anyone. We recommend that you use a “strong” password for each account that is unique to you and one that is not used on any other service or account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. You acknowledge that passwords may be compromised no matter how strong the password. We are not liable to you for any loss or damage arising from any third-party accessing or using your account without your permission, regardless of how the third-party accesses your account.

Please take precautions to protect your username and password and contact us at feedback@personalzen.com if you believe your account has been accessed by an unauthorized person or compromised in any fashion.

Protecting Other People’s Rights

We respect other people’s rights and expect Users to do the same. You will not post content or take any action in connection with the Services that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information from the Services if we believe, based solely on our judgment and within our sole and exclusive discretion, that it violates this statement, our policies or the spirit of our community. 


If we remove your content for any reason, and you believe we removed it by mistake, you have the ability to appeal that decision by sending an email to feedback@personalzen.com, which explains why you believe that we should permit the content. It is within our sole and exclusive judgment whether the content is ultimately determined to be re-uploaded. If you repeatedly infringe other people’s legal rights, we reserve the right to disable your account.

Severability

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be in writing and signed by our authorized representative.

Termination

We may terminate these Terms at any time, with or without notice, for any reason.

Relationship of the Parties

Nothing contained in these Terms, nor your use of the Services, shall be construed to constitute either of us as a partner, joint venture, employee, or agent of the other, nor shall either of us hold ourselves out as such. Neither of us has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other, it being intended by both of us that each of us shall remain independently responsible for our own actions.

Entire Agreement

These Terms constitute the entire agreement between you and us, govern the terms and conditions of your use of the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Services. We may revise these Terms at any time by updating them and posting them on the Site or the App, or elsewhere accessible by you. Accordingly, you should review the Terms periodically to determine if any changes have been made. Your continued use of the Services after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms.

Contact Information

Personal Zen

1 Irving Place, Suite P8C

New York, NY 10003

feedback@personalzen.com

PERSONAL ZEN PRIVACY POLICY

Effective March 15, 2021

Last Updated June 14, 2021

  1. Personal Zen’s Commitment to You

We respect your privacy and take it very seriously. We are committed to protecting the personal information you provide to us and using it only for the reasons and in the ways we explain below.

This policy contains important information on who we are, how and why we collect, store, use, and share your personal information. “Personal information” is the phrase we use to refer to information relating to an identified or identifiable individual. “Personal information” is also known as “personal data” or “personally identifiable information”. This policy also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States and the General Data Protection Regulation which applies across the European Union (including in the United Kingdom), and we are responsible as “controller” of that personal information for the purposes of those laws.

Throughout this policy, we use the terms “we”, “us”, and “our” to refer to Wise Therapeutics, Inc., the owner of Personal Zen. The terms “you” and “your” refer to you, the person who owns the personal information with which we have been entrusted. 

When we discuss our “Services”, we are referring to our PersonalZen.com website and our Personal Zen mobile application, which we sometimes refer to as the “Site” and the “App”, respectively, as well as our related products and services.

When you use our Services, you acknowledge that you have read and understand this policy, including any changes we make to it from time to time, so please take time to review it completely and thoroughly. 

If at any time you have questions about how we use your personal information, you should contact us using the contact information provided at the end of this privacy policy.

  1. Personal Information We Collect About You

We may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular you or your household. In each instance, the information is necessary to provide an aspect of our Services, as we explain in more detail below. If you do not provide the personal information we request, it may delay or prevent us from providing the Services to you.

We use third party service providers, which can include Amazon, Google, Amplitude and MailChimp, to assist us in providing the Services. We do not sell your information to third parties for marketing purposes, and we restrict such third parties’ usage of your information consistent with this Privacy Policy.

Here are some examples of when and what information is collected as you use the Services. Following these examples, we provide detail as required by law.

As you browse the Site, session information may be collected through cookies, log files, web beacons, and similar vehicles as part of the Site’s functionality made possible through the platform on which the Site was built and is maintained. The information we collect may include your Internet Protocol address, your device type, the operating system and browser you are using, and detail about actions you are taking on the Site, for example, which links you click and which web pages you view. The information is collected by us and stored in our database. The information is used to administer and improve the Services. 

When you click on links to external websites from the Site, you are taken to the respective destinations, and information indicating that you linked to the destinations from our website is recorded by us and stored in our database. We use the information internally to administer and improve the Services. The information is also recorded by the manager of the destination site. The use of the information by the manager of the destination site is governed by the destination site’s own terms of use and privacy policies.  

When you contact us using the Contact link or pop-up on the Site, you send us your email address, first and last names, and a message. The information is stored in our database. We use the information to respond to you, and internally in order to administer and improve the Services. 

When you sign up to receive the Zenspiration Newsletter on the Site, you send us your email address and first and last names. The information is stored in our database. We use the information to send the Zenspiration Newsletter to the email address you provide, and to otherwise manage your subscription to the newsletter. If you establish a Personal Zen account using the App, and the email address you provided to receive the Zenspiration Newsletter matches the email address for your Personal Zen account, your Personal Zen account information is linked in our database to your newsletter subscription.

When you sign up on the Site to join our Research Team, you send us your email address, first and last names, age, gender, zip code, and device operating system, and tell us whether or not you have downloaded the App, which other digital wellness apps you use, how often you feel stressed or anxious, and what causes your stress or anxiety. We also conduct a 30-45 minute interview with you to obtain your feedback about the Services. The information is stored in our database. We use this information internally only, in order to administer and improve the Services.

When you sign up on the Site to use Personal Zen within your organization, you send us your email address, first and last names, and company name, and a message. The information is stored in our database. We use this information to respond to you, and internally in order to administer and improve the Services. If our response to you leads to your organization signing up to use Personal Zen within the organization, the information you provided to us through the Site will be shared with the organization and otherwise used in furtherance of our relationship with the organization.

When you call, write, or email us, you tell us the information in your communication and how to reach you (e.g., the phone number, physical address, or email address). The information is stored in our database. We use this information to respond to you, and internally to administer and improve the Services.

When you click on the Apple App Store icon or Google Play Store icon on the Site, you are taken to the respective store, and information indicating that you linked to the store from the Site is recorded by us and stored in our database. It is also recorded by Apple or Google, respectively. When you and others navigate the respective store to learn more about the App, download the App, and use the App, certain actions and device details are recorded by the store and reported to us through the store’s analytics software. The metrics that are tracked include store impressions, store page views, app installations, app use sessions, device type, device location, and more. While the information is aggregated and not personalized to you, we are able to use it to monitor metrics that enable us to offer a better store experience for our users, and improve the App and the Services. We store this information in our database.

When you use the App without establishing a Personal Zen account, your device identifier is recorded, as well as your in-app behavioral events, such as, for example, the App pages you view and the external links you visit from the App. We collect, store and analyze this data. We are able to use your device identifier to create an anonymous user identifier that we can use to track your in-app behavioral events across multiple sessions, and make that data available to us. In addition, when you use the App without establishing a Personal Zen account, we record and store, for each session, your real-time in-app events, such as, for example, your answers to mood, stress and anxiety questions and your game play goals, actions, and times. We store this data in our database. We are able to match the data we collect to the data collected based on your anonymous user identifier, understand how you use the App across multiple sessions. Because you have not created an account, we do not know or collect any personal information about you from the data. We review and analyze the data internally to administer and improve the Services for you and other Personal Zen users. 

When you establish a Personal Zen account using the App, you provide to us an email address, a password, your first and last names, and an indication that you agree to our Terms of Use and this Privacy Policy. This information is stored in our database, along with a user identifier that is unique to you. We use this account information to maintain up-to-date customer lists, provide feedback to you, authenticate you when you log in, and prevent and address any malicious use of the Services. When you communicate to us through or in connection with your account, such as when you request customer or technical support, we store the information in our database, and use your account information and any information or content you provide to us to respond to the issues you raise. We explain above how we are able to match your user identifier with your use of the App before you established a Personal Zen account. As you continue to use the App when logged in to your Personal Zen account, the data collection and management practices that we describe above take place, but the data is directly associated with your user identifier. When we have this visibility into your specific use of the App, we are better able to review and analyze the data internally to administer and improve the Services for you and other Personal Zen users.

When you log in to or access the Services through third party platforms such as app stores, login services, or social media channels, we collect information about you from the third party that is publicly available due to the privacy settings you have established with the third party. We use this information to verify and supplement information that you have provided to us, and we store that information in our database, so that we can access and use it as we administer and improve the Services.

Categories of Personal Information Collected

While the above examples explain certain instances in which personal information is collected as you use the Services, we provide below comprehensive detail as required by law. The following table sets forth the categories of personal information we collect, and the specific types of personal information we collected within those categories.

Categories of Personal Information

Specific Types of Personal Information Collected

Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)

When you contact us using the Contact link or pop-up on the Site: Email address; First name; Last name.

When you sign up to receive the Zenspiration Newsletter on the Site: Email address; First name; Last name.

When you sign up on the Site to join our Research Team: Email address; First name; Last name; Zip code.

When you call, write, or email us: Phone number; Physical address; Email address.

When you sign up on the Site to use Personal Zen within your organization: Email address; First name; Last name.

When you establish a Personal Zen account using the App: Email address; Password; First name; Last name; Indication that you agree to our Terms of Use and this Privacy Policy.

Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

When you sign up on the Site to join our Research Team: Age; Gender; Device operating system; Whether you have downloaded the App; Which other digital wellness apps you use; How often you feel stressed or anxious; What causes you stress or anxiety; Your feedback about the Services.

When you sign up on the Site to use Personal Zen within your organization: Company name.

When you log in to or access the Services through third party platforms: Information about you from the third party that is publicly available due to the privacy settings you have established with the third party.

When you use the App: Real-time in-app events, such as your answers to mood, stress and anxiety questions and your game play goals, actions, and times.

Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)

As you browse the Site: Session information, such as Internet Protocol address, device type, device operating system, browser used; Actions being taken on the Site, such as Site links clicked, Site web pages viewed.

When you click on links to external websites from the Site: Information indicating that you linked to the destinations from the Site.

When you click on the Apple App Store icon or Google Play Store icon: Information indicating that you linked to the Apple App Store or Google Play Store from the Site. 

When you navigate the respective store to learn more about the App, download the App, and use the App: Recorded by the store and reported to us through the store’s analytics software: Store impressions; Store page views; App installations; App use sessions; Device type; Device location. The information is aggregated and not personalized to you.

When you use the App: Device identifier; In-app behavioral events, such as the App pages you view and the external links you visit from the App; Real-time in-app events, such as your answers to mood, stress and anxiety questions and your game play goals, actions, and times.

Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

When you sign up on the Site to join our Research Team: Age; Gender; Whether you have downloaded the App; Which other digital wellness apps you use; How often you feel stressed or anxious; What causes you stress or anxiety; Your feedback about the Services.

When you use the App: Real-time in-app events, such as your answers to mood, stress and anxiety questions and your game play goals, actions, and times.

This personal information is required to provide the Services to you. If you do not provide personal information we ask for, it unfortunately may delay or prevent us from providing the Services to you.

  1. How Your Personal Information is Collected

We collect most of the personal information directly from you, primarily via the Site and the App but also when you contact us by email, telephone, physical mail, or in person.

However, we may also collect information in the following ways in the limited instances described above:

  • Directly from a third party, such as, for example, from the Apple App Store and Google Play Store, and, for example, login services and social media channels if your privacy settings allow;
  • From a third party with your consent;
  • Through cookies, log files, web beacons, and similar vehicles on our Site; and
  • Via our IT systems, including monitoring of our Site, computer networks and connections, access control systems, communications systems, and email and instant messaging systems.
  1. How and Why We Use Your Personal Information

Under data protection laws, we can only use your personal information if we have a proper reason for doing so, for example:

  • To comply with our legal and regulatory obligations;
  • For the performance of our contract with you (i.e., for us to provide the Services) or to take steps at your request before entering into such a contract;
  • For our legitimate interests or those of a third party; or
  • Where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

What we use your personal information for

Our reasons

To administer and improve the Services.

For the performance of our contract with you (i.e., for us to provide the Services) or to take steps at your request before entering into such a contract; and

For our legitimate interests, i.e., to perform the Services and to enhance the Services to maintain or increase their value to you and other users.

To prevent and detect fraud against you or us.

For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you.

Conducting checks to identify our customers and verify their identity.

To comply with our legal and regulatory obligations.

Screening for financial and other sanctions or embargoes.

To comply with our legal and regulatory obligations.

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g., under commerce laws, privacy laws, healthcare laws and tax laws.

To comply with our legal and regulatory obligations.

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies.

To comply with our legal and regulatory obligations.

Ensuring business policies are adhered to, e.g., policies covering security and internet use.

For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you.

Operational reasons, such as improving efficiency, training and quality control.

For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price.

Ensuring the confidentiality of commercially sensitive information.

For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information; and

To comply with our legal and regulatory obligations.

Statistical analyses to help us manage our business, e.g., in relation to our financial performance, customer base, range of services, or other efficiency measures.

For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price.

Preventing unauthorized access and modifications to systems.

For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you; and

To comply with our legal and regulatory obligations.

Updating and enhancing customer records.

For the performance of our contract with you or other commitments to you, or to take steps at your request before entering into such contract or commitments;

To comply with our legal and regulatory obligations; and

For our legitimate interests or those of a third party, e.g., making sure that we can communicate with our customers about their accounts and inquiries, and our Services.

Ensuring safe working practices, staff administration and assessments.

To comply with our legal and regulatory obligations; and

For our legitimate interests or those of a third party, e.g., to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you.

Marketing our services to existing customers.

For our legitimate interests or those of a third party, i.e., to promote our business to existing customers.

External audits and quality checks.

For our legitimate interests or a those of a third party, i.e., to maintain our accreditations so we can demonstrate we operate at the highest standards; and

To comply with our legal and regulatory obligations.

The above table does not apply to special category personal information, which we will only process with your explicit consent.

  1. Promotional Communications

We may use your personal information to send you updates (e.g., by email, text message, or telephone) about our Services, including exclusive offers, promotions or new Services.

We have a legitimate interest in processing your personal information for promotional purposes (see above “How and Why We Use Your Personal Information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organizations outside our group for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

  • Contacting us at the email address or physical address listed above; or
  • Using the “unsubscribe” link in emails or “STOP” number in texts.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further Services in the future, or if there are changes in the law, regulation, or the structure of our business.

  1. Who We Share Your Personal Information With

We may share your personal information with the following entities and groups, but only in the limited instances described above or indicated below:

  • Third party services providers that we use to help deliver our Services to you;
  • Third parties approved by you, including but not limited to social media sites you choose to link your account to, and third-party payment providers.
  • Credit reporting agencies (but only your financial information to the extent necessary to address any non-payment of subscription fees or other amounts due to us);
  • Our professional service providers who are under legal and contractual obligations to maintain confidentiality of our business information, including your personal information, such as our insurers, brokers, banks, accountants, auditors, and attorneys.

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a restructuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

We will not share your personal information with any other third party.

  1. Personal Information We Sold or Disclosed for a Business Purpose

We have not sold to a third party any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, but only in the limited instances described above in Sections 2-6:

  • Identifiers
  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual
  • Internet or other electronic network activity information
  • Professional or employment-related information
  • Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
  1. Where Your Personal Information is Held

Information may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information With”).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”.

  1. How Long Your Personal Information Will Be Kept

We will keep your personal information while you have an account with us or while we are providing the Services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To show that we treated you fairly; or
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. Please contact us at the email address or physical address listed above for more information about data retention periods. 

When it is no longer necessary to retain your personal information, we will delete or anonymize it.

  1. Transferring Your Personal Information Out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:

  • With our offices outside the EEA;
  • With your and our service providers located outside the EEA;
  • If you are based outside the EEA; or
  • Where there is an international dimension to the Services we are providing to you.

These transfers are subject to special rules under European and UK data protection law.

The following countries to which we may transfer personal information have been assessed by the European Commission as providing an adequate level of protection for personal information: United States of America.

These non-EEA countries do not have the same data protection laws as the UK and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses, or if you would like further information on data transfers, please contact us (see “How To Contact Us” below).

  1. Your Rights Under the GDPR

Right to Access

The right to be provided with a copy of your personal information (the right of access)

Right to Rectification

The right to require us to correct any mistakes in your personal information

Right to be Forgotten

The right to require us to delete your personal information—in certain situations

Right to Restriction of Processing

The right to require us to restrict processing of your personal information—in certain circumstances, e.g., if you contest the accuracy of the data

Right to Data Portability

The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

Right to Object

The right to object:

  • at any time to your personal information being processed for direct marketing (including profiling);
  • in certain other situations to our continued processing of your personal information, e.g., processing carried out for the purpose of our legitimate interests.

Right Not to be Subject to Automated Individual Decision-Making

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.

  1. Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We encrypt any data sent to or from Personal Zen (i.e. encryption in transit) and we encrypt all data in our systems (i.e. encryption at rest).  We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

However, you bear responsibility for safeguarding your account access credentials to prevent others from using your account, and for maintaining the security of any devices you use to access the Services. Keep in mind that no data protection framework is 100% secure, and we cannot guarantee that your data will not be compromised. Therefore, to the fullest extent permitted by applicable law, we cannot and do not accept liability for unintentional disclosures of data.

We regularly test our systems and follow top industry standards for information security. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

  1. How to Exercise Your Rights

If you would like to exercise any of your rights as described in this Privacy Policy, please:

  • Email/write to us at the addresses listed in the “How to Contact Us” section.

If you choose to contact us directly, you will need to provide us with:

  • Enough information to identify you;
  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
  • A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

  1. How to File a GDPR Complaint

We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred. A list of supervisory authorities for various countries in the European Union can be found at https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.

  1. Children

The Services are not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect personal information from any child under the age of 13. We ask that minors (under the age of 13) not use the Services. If a child under the age of 13 has provided us with personal information, a parent or guardian of that child may contact us and request that such information be deleted from our records.

  1. California Privacy Rights: Shine the Light Law

Under California Civil Code Section 1798.83, California residents who have an established business relationship with us may choose to opt out of our sharing their contact information with third parties for direct marketing purposes. If you are a California resident and you wish to opt out, please contact us at the email address or physical address listed in the “How to Contact Us” section.

  1. California Privacy Law: Do Not Track

We do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

  1. Changes to This Privacy Notice

This privacy notice was published on March 15, 2021 and last updated on March 15, 2021.

We may change this privacy notice from time to time–when we do, we will inform you via email or on our Site or App.

  1. How to Contact Us

If you have any questions about this privacy policy or the information we hold about you, or if you would like this policy in another format (for example: audio, large print, braille) please contact us using the following contact information: privacy@personalzen.com or 1 Irving Place, Suite P8C, New York, NY 10003.