Global Privacy Policy - Worldwide

Privacy Policy

Effective as of March 7, 2023

Former Privacy Policy here.

Kintsugi Mindful Wellness, Inc. and its affiliates ("Kintsugi," "we", “us” or "our") provide wellness software, including software designed to uncover mental health insights from short clips of free-form speech. We offer services directly to consumers through a mobile application focused on mindfulness and wellness that allows individuals to, among other things, journal their experiences and obtain insights regarding their emotions (the “App”). We also offer services to enterprise customers to use in connection with call centers, telehealth platforms, remote patient monitoring apps and similar platforms and who may offer the App to their patients or other individuals.

This Privacy Policy applies to personal information Kintsugi processes through:

the App, to the extent individuals directly sign up for the App and are not using the App in connection with their receipt of services from an enterprise customer,
through the Kintsugi website (the “Site”), except our advocacy and careers pages, as referenced below, and
through social media pages, marketing activities, live events and any other activities described in this Privacy Policy

(collectively, the “Service”).

This Privacy Policy does not apply to:

Kintsugi’s collection or processing of personal information on behalf of our enterprise customers, including (without limitation) our processing of personal information through the App where the App is made available to individuals by our enterprise customers. In these cases, we process end user personal information on behalf of our enterprise customers and our use of such information is typically subject to our agreements with those enterprise customers. If you have concerns regarding your personal information that we process on behalf of an enterprise customer, please direct your concerns to that enterprise customer.
Personal information submitted through or in connection with Kintsugi’s Careers or Advocacy pages, including any personal information submitted in connection with a job application to Kintsugi and inquiries and other information submitted by practitioners or others in relation to our clinical studies.

Kintsugi may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information.

NOTICE TO EUROPEAN USERS: Please see the Notice to European Users section for additional information for individuals located in the European Economic Area or United Kingdom (which we refer to as “Europe”, and “European” should be understood accordingly) below.

1. Personal Information We Collect

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

Contact data, such as your first and last name, salutation, email address, and phone number.
Demographic data, such as your city, state, country of residence, gender and age.
Profile data, such as the username and password that you may set to establish an online account on the Service, date of birth, biographical details, photograph or picture, wellness descriptors, and any other information that you add to your account profile.
Communications data based on our exchanges with you, including when you contact us through the Service, social media, or otherwise.
Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
Voice recordings and other user-generated content, such as recorded voice journals, responses to various wellness-focused quizzes and surveys, comments, questions, messages (including messages posted in community forums), works of authorship, and other content or information that you generate, transmit, or otherwise make available on the Service. You may also decide to provide us with sensitive information, such as information about your political beliefs, mental health, sexual orientation, ethnic or racial origin, religious or philosophical beliefs. Please see the Notice to European Users section for additional information concerning our processing of sensitive information from Europeans.
Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

Partners, such as website analytics and media streaming partners.

Derived data. We may derive certain information, or make inferences, about you using the personal information you provide us through the App. For example, we may derive data from, and draw inferences regarding your emotional state or feelings based on, any voice recording you provide on the App (“Voice Data”).

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for analytics purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.

Data from others. Parts of the Service are designed to be interactive. In connection with your use of the Service, you may provide information about others and others may provide information about you (e.g., in connection with community forum discussions).

Cookies. Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Notice. We will also store a record of your preferences in respect of the use of these technologies in connection with the Service.

2. How We Use Your Personal Data

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery and operations. We may use your personal information, including your Voice Data, to:

provide, operate and improve the Service and our business;
provide insights and other analyses regarding your emotional state;
provide you with the results of wellness-focused quizzes and surveys; and
establish and maintain your user profile on the Service;

In addition to the above, we may use your personal information that is not Voice Data to:

facilitate social features of the Service, such as by providing messaging functionality through the community forum within the App;
personalize the Service and our communications, including remembering the devices from which you have previously logged in and remembering your selections and preferences as you navigate the Service;
enable security features of the Service;
communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages; and
provide support for the Service, and respond to your requests, questions and feedback.

Service improvement, research and development. We may use your personal information (including Voice Data) to improve our services and for research and development purposes, including to analyze and improve the Service and our business and to develop new products and services, to analyze your usage of the Service, to help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails.

Marketing and advertising. We, our service providers and our third-party analytics partners may collect and use your personal information for marketing and advertising purposes:

Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
Interest-based advertising. We and our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Service, our communications and other online services over time, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Your choices section of our Cookie Notice.

We will not use your Voice Data or other data regarding your mental wellness (such as responses to our wellness surveys) for marketing or advertising purposes.

Compliance and protection. We may use your personal information (including Voice Data) to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create aggregated, de-identified and/or anonymized data. We may create aggregated, de-identified and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Retention

We generally retain personal information to fulfill the purposes for which we collected it, as set forth above. To determine the appropriate retention period for personal information, we may consider factors such as 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. When we no longer require the personal information we have collected about you, we will delete it.

Specifically, with respect to Voice Data, unless prohibited by applicable law, we retain such data only for the length of time you maintain your account with us on the App, at which point we will delete such Voice Data in accordance with applicable law, provided that in the event your account remains inactive for one year, we will delete your Voice Data from the account within 30 days of such one-year period.

3. How We Share Your Personal Information

We are a global business. Your information, including Personal Data, will be transferred to — and maintained in the United States where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Kintsugi Mindful Wellness, Inc. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

4. How We Share Your Personal Information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.

Affiliates. Our corporate parent, subsidiaries, and affiliates.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).

Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above. Note that we will not share your Voice Data or other data regarding your mental wellness (such as responses to our wellness surveys) with advertising partners.

Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you. Note that we will not share your Voice Data or other data regarding your mental wellness (such as responses to our wellness surveys) with advertising partners.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.

Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Kintsugi, financing of Kintsugi, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Kintsugi as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Other users. Certain parts of your user-generated content may be visible to other users of the Service to the extent you make such content available to those users. For example, other users of the Service may have access to your information if you chose to participate in community forums. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.

We make commercially reasonable efforts to verify that the parties with whom the App shares personal information provide a level of protection of personal information consistent with the practices described in this Privacy Policy, except that all such parties described above (other than service providers and affiliates) may, to the extent permitted by law, use personal information as described in their own privacy policies.

5. Your Choices

In this section, we describe the rights and choices available to all users. Users who are located in Europe can find additional information about their rights below.

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account and going to Account > Edit Profile.

Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Cookies. For information about cookies and other tracking technologies employed by the Service and how to control them, see our Cookie Notice.

Blocking images/clear gifs: Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Delete your content or close your account. You can choose to delete certain content through your account. If you wish to request to close your account, please do so through your account settings or contact us.

6. Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

7. International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Users in Europe should read the important information provided below in the Notice to European Users section about transfer of personal information outside of Europe.

8. Children

The Service is not intended for use by anyone under 13 years of age (in the United States) or under 16 years of age (in Europe). If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

9. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.

10. How to Contact Us

Email: support@kintsugihealth.com

Mail: 1569 Solano Avenue, No. 365, Berkeley CA 94707

11. Notice to European Users

General

Where this Notice to European users applies. The information provided in this “Notice to European users” section applies only to individuals in the United Kingdom and the European Economic Area (i.e., “Europe” as defined at the top of this Privacy Policy).

Personal information. References to “personal information” in this Privacy Policy should be understood to include a reference to “personal data” (as defined in the GDPR) – i.e., information about individuals from which they are either directly identified or can be identified.

Controller. Kintsugi is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of European data protection legislation (i.e., the EU GDPR and the so-called UK GDPR (as and where applicable, the “GDPR”)). See the ‘How to contact us’ section above for our contact details.

Our GDPR Representatives. We have appointed the following representatives in Europe as required by the GDPR – you can also contact them directly should you wish:

Our GDPR Representatives. We have appointed the following rep

Our legal bases for processing

In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use.

Our legal bases for processing your personal information described in this Privacy Policy are listed below.

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

The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely in respect of the relevant Purposes for which we use your personal information on are set out in the below table – for more information on these Purposes and the data types involved, see ‘How we use your personal information’.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

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Other info

No Automated Decision-Making and Profiling. As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects.

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Your rights

General. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:

Right of information. You have the right to obtain information about how and on what basis your personal information is processed and a copy of these information.
Your right of access - You have the right to ask us for copies of your personal Information.
Your right to rectification - You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure - You have the right to ask us to erase your personal Information in certain circumstances.
Your right to restriction of processing - You have the right to ask us to restrict the processing of your information in certain circumstances.
Your right to object to processing - You have the right to object to the processing of your personal information in certain circumstances.
Your right to data portability - You have the right to ask that we transfer the information you gave us to another organization, or to you, in certain circumstances.
Your right to object - You have the right to object to our reliance on our legitimate interests as the basis of our processing of your personal information in certain circumstances.
Your right to withdraw consent - You have the right to withdraw your consent at any time where we rely on your consent to process your personal information.
Cross-Border Data Transfer - You can obtain a copy of or access safeguards under which your personal information is transferred outside of the EEA.
Direct marketing - If your personal information is processed for direct marketing purposes, you have the right to object at any time to the processing of personal information concerning you for such marketing, which may include profiling to the extent that it is related to such direct marketing. In this case your personal information will no longer be processed for such purposes by us.

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Exercising These Rights. You may submit these requests by email to support@kintsugihealth.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.

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Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence.

For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
For users in the UK – the contact information for the UK data protection regulator is below:

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The Information Commissioner’s Office

Water Lane, Wycliffe House

Wilmslow - Cheshire SK9 5AF

Tel. +44 303 123 1113

Website: https://ico.org.uk/make-a-complaint/

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Data Processing outside Europe

We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe.

It is important to note that the U.S. is not the subject of an ‘adequacy decision’ under the GDPR – basically, this means that the U.S. legal regime is not considered by relevant European bodies to provide an adequate level of protection for personal information, which is equivalent to that provided by relevant European laws.

Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented:

Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the European Commission or UK Government (as and where applicable) (from time to time).

Transfers to territories without an adequacy decision.

We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection (e.g., the U.S., see above).
However, in these cases:

we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe – for example, standard-form contracts approved by relevant authorise for this purpose; or
in limited circumstances, we may rely on an exception, or ‘derogation’, which permits us to transfer your personal information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.

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Cookie Notice

This Cookie Notice explains how Kintsugi (“Kintsugi”, “we”, “us” or “our”) uses cookies and similar technologies in connection with

the website and any other website that we own or control and which posts or links to this Cookie Notice (collectively, the “Sites”); and
our mobile app (“App”)

(collectively the “Service”).

For more information about how we collect, use and share your personal data, see our Privacy Policy.

Our Service uses cookies, in combination with other tracking technologies (collectively, “cookies” unless otherwise noted) to distinguish you from other users of the Service.

You do not need to allow cookies to visit most of the Service. However, enabling cookies may allow for a more tailored browsing experience and is required for certain parts of the Service to work. In the majority of cases, a cookie does not provide us with any of your personal data.

If you are looking to manage your cookie preferences for a Service, you can do so by using CookieYes, our consent management platform which you can access by clicking here.

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What are cookies?

Cookies are small data files containing a unique identifier that are placed on your computer or mobile device when you visit a Service. Cookies and similar technologies (which include pixels, tags, web beacons and software development kits (“SDKs”) and local browser storage technologies) (together “cookies”) enable operators of website/apps to recognize your device and collect information from it when you interact with them. They use this information to understand how the website is being used, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience. Cookies are also used to make the advertising you see online more relevant to your interests.

Our Service may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them).

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Who places cookies on your device?

When you visit our Service, both first-party cookies and third-party cookies may be placed on your device:

(1) first party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Service; and

(2) third party cookies, which are served by service providers or business partners on our Service, and can be used by these parties to recognize your computer or mobile device when it visits other websites. Third party cookies can be used for a variety of purposes, including service analytics, advertising and social media features. We do not control how these third parties use your information, which is subject to their own privacy policies.

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What types of cookies and similar tracking technologies are used on the Service and why?

The cookies used on our Service are categorized as follows:

Strictly Necessary
Functional
Performance/Analytics
Targeting

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Strictly Necessary cookies are necessary for the Service to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Service will not then work. In particular, we use these Strictly Necessary cookies to remember your privacy choices and for security purposes. If you prevent these cookies, we cannot guarantee how the Service or the security on the Service will perform during your visit.

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Functional cookies enable us to provide you with enhanced functionality and personalisation. These cookies may be set by third party providers whose services we have added to our pages. If you do not add these cookies, then some of these services may not function properly.

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Performance/Analytics cookies collect information about how you use our Service (e.g., which pages you visit and if you experience any errors). These cookies are used to help us improve how our Service works, understand what interests our users and measure how effective our content is. Some of our performance/analytics cookies are managed for us by third parties.

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Targeting cookies record your visit to our Service, the pages you have visited and the links you have followed. We or third party providers may use this information to personalize the content you see on internet. Our advertising third party providers may used this information to build a profile of your interests and show you relevant adverts on other sites. If you do not allow these cookies, you will experience less targeted advertising.

Your choices

Strictly necessary cookies do not require your consent.

For performance/analytical, functional and targeting cookies, we request your consent before placing them on your device. You can give your consent by clicking on the appropriate button on the banner displayed to you.

The easiest way to control your preferences in relation to cookies and similar technologies on a Service is by using CookieYes, our consent management platform, which you can access by clicking here.

For more information about how we collect, use and share your information, see our Privacy Policy.

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Changes to this Cookie Notice

Information about the cookies we use may be updated from time to time, so please check back on a regular basis for any changes. In all cases, your use of the Service after the effective date of any modified Cookie Notice indicates your acceptance of the modified Cookie Notice.

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Questions

If you have any questions about this Cookie Notice, please contact us by email at support@kintsugihealth.com.