The following policy applies to www.mindsetworks.com and any other site owned or operated by or on behalf of Mindset Works, Inc. (“Mindset Works”) that links to this Privacy Policy (the sites collectively referred to as "the Mindset Works websites" or the “websites”).
This privacy policy explains what information we collect, steps we take to protect and secure it, how we use and share the information, and how you can access that information or contact us with questions or concerns. Information you share with us is used to deliver Mindset Works’ websites, products and services, for Mindset Works' internal business purposes and, on the aggregate without identifying information, for evaluation and research. Mindset Works is not in the business of selling information about you.
Information We Gather
Mindset Works collects personal information that you provide when you register with us, use Mindset Works websites, products or services or post information or content on the Mindset Works' websites, products or services. Mindset Works may also collect information about your transactions with us and with some of our business partners. This information might include information necessary to process payments due to us from you such as your credit card number. Mindset Works may aggregate your information with information from other users (without personally identifying you) and share it with our business partners, evaluators, researchers or others.
We consider the following to be personally-identifiable information:
-
a first and last name;
-
a home or other physical address including street name and name of a city or town;
-
an e-mail address;
-
a telephone number;
-
a Social Security number (we never collect this)
-
any other identifier that permits the physical or online contacting of a specific individual; or
-
information concerning the child or the parents of that child that the website collects online from the child and combines with an identifier described in this paragraph.
We (and/or our agents or affiliates for the case of our adult visitors) may collect online and use personally-identifiable information from our adult visitors and from our child users who have proper, verifiable parental or legal guardian consent, in order to:
-
process and fulfill orders for products or services,
-
enable usage of our products, services and websites,
-
customize the content on our site for our visitors’ and users’ current and future needs,
-
in connection with surveys, subscription registrations, content submissions, classroom activities, forums, contests, games, our requests for ideas and feedback and visitors' requests for information; and
-
to provide our users and visitors, via e-mail or other means, information about materials and activities that may be of interest to them, including products or services of third parties.
For these reasons, we may share personally-identifiable information with third parties, except that we do not share personally-identifiable information for children under 13 years of age with third parties, whether or not we have parental consent to collect such information, except to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or defend against legal claims, if in our judgment, disclosure is required or appropriate in such circumstances, or if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Mindset Works' terms of use, or as otherwise required by law.
Non-Personally-Identifiable Information
We call information that is not personally-identifiable information “personally non-identifiable information”, which includes “usage information” used to deliver and improve our products and services and “session data” gathered from our servers and the user’s computer. You can learn more about what personally non-identifiable information is and how we use it in the sections below named “How we use Usage Information” and “How we use IP Address, Cookies and other Session Data”.
How we use Usage Information
Mindset Works records “usage information” required to deliver and improve our products and services, which includes:
-
users’ entries, such as e-journal reflections on their challenges and learning
-
information on areas of our products and services accessed and progressed through
-
results of assessments and surveys
This usage information may be shared with qualified adults (e.g. adults, usually the child’s teacher, to whom we provided the access code needed for the child to register) so that the qualified adults can:
-
view the usage information and entries associated with the child
-
support the child’s learning
-
assess the child’s learning
-
help the child access and use the Mindset Works' website, products and services
In addition, we may use usage information for various purposes, including to:
-
deliver our products and services (e.g. to calculate which section of our product a user should see next)
-
assess, evaluate and improve our products and services
We may also share some usage information with the public (e.g. on our website) on an anonymous basis to provide user entry examples and promote our products and services. Unless required by law or associated with legal proceedings, we will never associate any personally-identifiable information with such data.
How we use IP Address, Cookies and other Session Data
Mindset Works automatically obtains from users’ computers and our servers “session data”, including the user’s IP address, Flash Player version, internet browser version, language settings and cookies. This session data may be used for various purposes, including to:
-
diagnose and prevent service or technology problems reported by our users or engineers that are associated with
the IP addresses or that are associated with a particular Flash Player version or browser version or settings,
-
estimate the total number of users visiting Mindset Works from different locations,
-
help determine which users have access privileges to certain content, services or resources that we offer,
-
monitor and prevent fraud and abuse,
-
deliver more relevant advertisement.
How we use Cookies
A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's servers and stored on your computer's hard drive.
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. However, if you configure your browser to reject cookies, you may not be able to use Mindset Works products or services that require you to sign in, such as Brainology® and you may not be able to take full advantage of all features and offerings on the Mindset Works websites.
When you first visit our sites using a new browser, or if you visit in private browsing mode, we will provide you with a cookies permission banner seeking your consent to use cookies as required by law. From this banner you will be able to access our cookies management tool. By clicking OK or clicking through to any part of the site, we will start to manage your visit using cookies.
Mindset Works uses its own cookies for a number of purposes, including to:
-
require you to re-enter your Brainology password after a certain period of time has elapsed to protect you against others accessing your account contents,
-
keep track of preferences you specify while you are using Mindset Works' websites, products and services,
-
estimate and report our number of users and visitors,
-
conduct research to evaluate and improve Mindset Works' website, products and services.
Data Recorded by 3rd Party Services
For business, analytical and administrative purposes, our website also employs the following 3rd party services:
-
Scheduled updates / newsletter are handled by ACYMailing and may have your email, IP addresses used to open emails and geographical data as provided by browsers.
-
We employ SalesForce for providing sales, pre-sales support and based on your interaction, your email, IP address and location may have been recorded.
-
Outgoing emails are handled by SendGrid.
-
Anonymous data for analytics is collected by Google Analytics and such data does not contain any personal identifiable records of any user.
-
We store comments in our blog using EasyBlog.
-
Third Party Analytics. We have engaged Inspectlet to analyse the activities of visitors to this website, and Inspectlet’s authorized use of cookies and other tracking technologies enable it to have access to personally-identifiable information of visitors to this website. Such access to and use of personally-identifiable information by Inspectlet is governed by Inspectlet's Privacy Policy." Link to their privacy policy: https://www.inspectlet.com/terms-of-service#privacy
Special Information Relating to Children under 13 Years Old
The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents or legal guardians about how we collect, use, and disclose personal information from children under 13 years of age. COPPA also requires that we obtain the consent of a parent or legal guardian in order for us to collect personally-identifiable information from children under 13 years of age so that they can use certain features of Brainology and for the other uses described under “Personally-Identifiable Information and how we use it.”
What we do when a child attempts to register on our website
When a child under 13 years of age attempts to register and/or provide personal information to Mindset Works:
-
we only allow children to register if they have a valid access code provided by someone who has obtained one from Mindset Works (e.g. a school which has bought Brainology licenses, or a parent).
-
for all of our users, including users under 13 years of age, we collect usage information and session data, as explained under “How we use Usage Information” and “How we use IP Address, Cookies and other Session Data”. As explained
there, we enable qualified adults (e.g. usually a teacher, to whom we provided the access code needed for the child to register) to view the usage information associated with the child.
Since we do not share personally identifiable information of children under 13 years of age with third parties, we allow parents to provide consent to our recording personally-identifiable information of children under 13 years of age by:
-
reviewing our Privacy Policy and Terms of Service,
-
letting us know via email, mail, fax or telephone call of their consent to our collecting personally identifiable information about the child or children and their consent to our Privacy Policy and Terms of Service, and
-
receiving a delayed confirmation from us via e-mail, mail, fax or telephone call of their consent.
Once parental notice and consent has been verified, the information we collect will be treated the same as information collected from any other user of Brainology, except that we will not share personally-identifiable information for children under 13 years of age with third parties. Without verified parental notice and consent, we will not knowingly collect personally-identifiable information relating to children under 13 years of age, and if we learn that we have inadvertently collected such information, we will promptly delete it.
Parent or legal guardian consent enables us to record personally identifiable information, which in turn enables us to provide better products and services, such as richer features in our products and services like e-mail reminders and e-mail password resetting.
How Parents can Access their Children's Personal Information
In compliance with COPPA, a parent or legal guardian may request from us to review, delete or stop the collection of personally-identifiable information relating to their child or any child in their legal custody who is under 13 years of age. You may do so in one of two ways.
If you know the username and password for the child, follow the instructions below regarding Changing your Preferences and Personal Information , or you may contact us by letter, phone or email using the address information provided at the bottom of this page.
The child will be able to continue to use Brainology, with limited functionality, if you decline to consent to our collecting personally-identifiable information for the child. However, if you request to delete the child’s account with Mindset Works, we will be required to terminate your child's ability to use any part of our websites, products and services that require a user to log in, including use of Brainology®.
More on how we use, share and disclose information we collect
-
When you provide personal information through using our products, services or websites, you are sharing your personal information with Mindset Works and entities that may hold a majority interest in Mindset Works. The use of your personal information by these organizations is subject to this policy.
-
We do not share your information with unrelated third parties for their direct marketing purposes.
-
We do not share personally-identifiable information for children under 13 years of age with any third party, except to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or defend against legal claims, if in our judgment, disclosure is required or appropriate in such circumstances, or if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Mindset Works' terms of use, or as otherwise required by law.
-
However, Mindset Works may use targeted advertising based on personally non-identifiable information, but only in a manner that complies with all laws applicable to the use of such information in targeted advertising.
-
Mindset Works may use your personal information where it is necessary for us to complete a transaction, to operate or improve our websites, products and services, to do something that you have asked us to do, or tell you of products and services that we think may be of interest.
-
Mindset Works may use your email address to contact you with email messages about our websites, products and services.
-
Where you are contacted with an offer or service based on information you have shared with Mindset Works, we will do our best to provide you with an opportunity to opt-out of receiving such further communications at the time you are contacted.
-
The information users enter while using our products, services or websites may be available to other users, such as qualified adults (e.g. usually the child’s teacher).
-
Mindset Works may share personally-identifiable information about you under the following circumstances:
-
- In the course of operating our business it may be necessary or appropriate for us to provide access to your personal information to others such as our service providers, contractors and select vendors so that we can operate our products, services, websites and business. Where practical, we seek to obtain agreements that are consistent with this policy and that limit others’ use or disclosure of the information you have shared.
-
- We may transfer personal information to certain advertising partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
-
- We may share your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or defend against legal claims, if in our judgment, disclosure is required or appropriate in such circumstances.
-
- We may share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Mindset Works' terms of use, or as otherwise required by law.
-
- As we continue to develop our business, we might also sell all or part of our business. In such transactions, personally-identifiable information you have shared with us is generally one of the business assets that may be transferred. The transferred personally-identifiable information will remain subject to the promises made in this privacy policy or subsequent policies to which you have consented.
Changes to this Privacy Policy
We may occasionally update this Privacy Policy, and you can see when the last update was by looking at the “Last Revision” date at the bottom of this page. If there is ever a change to how Mindset Works uses or intends to use personal information, we will post that change to this Privacy Policy and, if the new policy is materially less restrictive than this policy, we will seek your consent. If we make any significant changes, we’ll provide prominent notice on our website and/or notifying you by email (using the email address you provided). If we make material changes to the types of personal information we collect from children, or how we use it, we will notify parents in order to obtain parental consent or notice for those new practices. You should check back and review this Privacy Policy from time to time. If you don’t agree with any changes to the Privacy Policy, you should terminate your account. By continuing to use the websites after the revised Privacy Policy has become effective, you acknowledge that you accept and agree to the current version of the Privacy Policy.
California Disclosures
Do Not Track: Some browsers offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites visited by the user about the user’s browser DNT preference setting. Currently, we do not respond to Do Not Track signals.
Notice to Minors: If you are under the age of 18, or the parent of a child under the age of 18 residing in California, you may request removal of content the minor has publicly posted on the websites. If you would like to delete personal information associated with your account or content you uploaded through your account, please follow the directions set forth in the “Changing Your Personal Preferences and Personal Information” section below. The removal of content may not ensure complete or comprehensive removal of that content or information posted on the websites, as de-identified or recoverable elements of your content or information may remain on our servers in some form. Also note that we will not remove content or information that we may be required to retain under applicable laws.
International Users
The websites and their servers are operated in the United States. If you are located outside of the United States, please be aware that all information you provide may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the websites, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
If you are a resident of the EU you may request to have your data anonymized. To do this, please reach out to website@mindsetworks.com with your request.
Confidentiality and Security
No data transmissions over the Internet or via wireless networks can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make efforts to ensure security on our systems.
-
We use physical, electronic, and procedural safeguards to protect personal information about you.
-
Your Brainology account information is password-protected. For your security, we do not keep your actual password but rather a token derived from it.
-
In certain areas, Mindset Works uses industry-standard SSL-encryption to protect data transmissions. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
By using the Mindset Works websites or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our products, services or websites. Mindset Works may post a notice on our web site if a security breach occurs. If this happens, you will need a web browser enabling you to view the mindsetworks.com web site. If Mindset Works learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps, however, in such notification we will never ask you to submit additional personal information or to verify the status of or information related to your account. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@mindsetworks.com.
Changing your Preferences and Personal Information
You can change your preferences and personal information at any time by logging in and visiting your My Account page or by contacting us by email, mail or phone. Most personal information you may provide is entirely optional. For example, to the extent that parents are considering whether to permit their children to use our products or services, we do not condition a child's participation based upon their provision of any more personal information than is necessary to operate the Service. In the My Account page, parents can also review the child's personal information, ask to have it deleted and refuse to allow any further collection or use of the child's information. The notice also must state the procedures for the parent to follow. You can delete your or your child’s Brainology account by visiting our Account Deletion page; however, please note that some personal information, primarily your contact information, may remain in Mindset Works' records to the extent necessary to protect Mindset Works' legal interests or document compliance with regulatory requirements. Also note that if you delete an account, the associated user will not be able to access our products and services that require a log in, such as Brainology®.
Contacting Mindset Works
If you want to change your privacy preferences, or if you have a privacy concern regarding Brainology or Mindset Works, or this policy, and if you cannot satisfactorily resolve it through the use of this website, you should then write to us by email to privacy@mindsetworks.com. You can also contact us via mail at:
Attn: Privacy
Mindset Works, Inc.
340 S. Lemon Ave. #6463
Walnut, CA 91789-2706
privacy@mindsetworks.com
If you object to any sharing of your personal information that may be permitted under this policy, you may do so by writing us at the above address. We will take reasonable steps to accommodate your requests. In some instances, honoring your requests may interfere with or preclude your ability to use our websites, products or services, or may require us to terminate our relationship with you.
Last revision: August 22, 2018