Privacy Policy
Last Update: 21.06.2021
Moodcare (“our,” “we” or “us”) is committed to protecting your privacy and complying with applicable regulations including the EU General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).
This Privacy Policy aims to explain how we collect, store, use and distribute any personal data of our users and visitors through our website(s) (the “Website”), Application(s) (the “App”) and our services on the Website and App. The Website and App will be referred to as the “Platform” hereinafter.
In this Privacy Policy, references to “you” means the person whose personal data we collect, use and process. Please read this Privacy Policy carefully to understand our handling and use of personal data.
Before starting using our Services, you have to confirm that you have read our Privacy Policy carefully. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and we will collect, use, and share your information in the following ways. We will use your personal data only for the purposes and in the manner outlined below, and in compliance with applicable laws.
Remember that your use of Moodcare’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
1. Which information do we may collect and maintain about you?
1.1. The Types of Data We Collect As You Use Our Services.
We collect your personal data such as your name, email, age, date of birth, gender, country or state through the registration, account setting, user generated content, mood entry through chatbot dialog.
Also, we collect your personal data when you submit your own content through the Platform (e.g., your answers to chatbot talks, your journal entries, your likes, or dislikes about the content, or other writings, assessments in all cases submitted in the App, or any information you provide us if you contact us for help). We process such personal data to enhance and personalize your experience within our Platform.
Within the app, you can have conversations with the Moodcare AI driven chatbot that generate text-based and ranking-based note entries. We collect this information to allow you to keep a log of your talks and reflect your mental notes. Therefore, we kindly informed you that Moodcare’s chatbot is a conversation bot and not a human.
The Bot is restricted in the means of response, and the intended use is for providing techniques to manage emotions and encourage mental well-being in a self-help context. It is not intended for providing diagnosis, treatment or cure of a condition or disease. The Bot cannot and will not offer advice on issues it does not recognize. You are responsible for user generated content that you post. We have no control on user-generated content, under no circumstances we shall not be liable in any way for any user generated content which made available on any Site or that is transmitted through our Platform.
Because of the nature of the Services, we will be collecting information about you that relates to your mental health. Such information may include reflections on your mental health information about current mental state or mood, information on symptoms of mental health conditions, previous diagnoses, personal history, and additional personal information related to answers provided to guided questions. Where you disclose such personal information to us, you are explicitly consenting to our processing of your information.
We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
Payment data
The App does not collect or process credit or debit card data. Apple and Google collect credit or debit card data with respect to in-app purchases made through the App, including payments for an App subscription.
Information you give us about others
You may give us information about other people, such as their names etc. Do not give us information about others unless you are authorized or have their consent to do so. We will use their information for the purposes described in this Privacy Notice.
1.1. Which Information Do We Collect About You?
We may collect your internet or network activity information including how you use the app, like how often the app was opened, how you engage with the Services, which pages you spend time on and clicked on the app. This data is collected to evaluate the performance of the Services to improve our user experience.
When you use the Website, we automatically receive and record certain data from your computer (or other device) and your browser. This may include such data as your IP address and domain name, the pages you visit on the Website, the date and time of your visit, the files that you download, the URLs from the websites you visit before and after navigating to the Site, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information we may use web logs or applications that recognize your computer and gather information about its online activity.
When you use the App, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App.
Cookies
In our Platform, we may use so-called “cookies”. Cookies are text files that are stored in the Internet browser or by the Internet browser on your device (computer, tablet, or phone). We use the term “cookies” to refer to all tools that collect data on our Platform (e.g. IP addresses, place and time of the visit). Your data collected is not stored together with your other personal data. This processing is carried out on a legal basis and, where required by law, based on your consent.
We collect app usage data that tells us how you use the app, like how often the app was opened, which areas were clicked on the app, app settings (language, notifications), and feedback data.
Our Sites may use Google Analytics, a vendor's service that uses cookies, web beacons, web pixels and/or similar technology to collect and store anonymous information about you. You can learn more about Google Analytics' privacy policy and ways to opt out from Google Analytics tracking by visiting Google Analytics' website.
Tracking Technologies
We also may partner with certain third parties to collect, analyse, and use some of the personal and other information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Site or in email communications from us.
We partner with third parties, such as Facebook and Google, to manage our advertising of the Services on other sites or platforms as well as across your other devices based on your past visits to our Website. Our third party partners may use technologies such as cookies to gather data about your activities within the Services to deliver such advertising to you, such as retargeting ads.
We use third party trackers to let us know when users have visited the Services by “clicking-through” our sponsored advertising or content hosted on third party platforms. The Services use Google Analytics code to gather statistical data. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Services and the volumes of usage of the Services. This is done to ensure that the Services are available when you want them and are fast. For more data on how Google Analytics processes this data, visit www.google.com/analytics.
This information may be used for a variety of purposes, including online website analytics.
2. How Do We Use Your Data?
We may use your personal data for the following purposes:
3. What Are The Legal Basis For The Personal Data Processing?
We respect and protect the confidentiality of your data. We therefore only collect, use, share or process your data to the extent that:
When you use our Services and disclose any concerning your health by the nature thereof, you are explicitly consenting to our processing of your information.
We have legitimate interest in improving and personalizing our Services based on your needs, requests and suggestions, retaining and evaluating information on your recent visits to our website and how you move around different sections of our website, and contacting you for marketing purposes and promote our services (Recital 47 GDPR), without affecting your fundamental rights and freedoms.
We may process your personal data to defend and protection our or others’ rights.
We may use your data for anonymous scientific research for academic research in order to monitor the effectiveness of our services. However, we will inform you about this research through our Services, before we use your data and will ensure necessary safeguards such data minimisation, pseudonymisation etc.
4. Disclosure of Your Personal Data
Moodcare never sells your information. We may disclose your personal data to third parties as follows:
In some cases, we may disclose the personal data that you have provided to Moodcare to the third party that offers and/or goods or services to our own for the purpose of enhancing the user experience and product improvement efforts.
Moodcare allows you to share your information and content through social media, with your own willingness. In such cases, we may need to share your data to those social media platforms.
If Moodcare’s service providers require the personal data (those service providers can be; hosting, IT support and maintenance, marketing analytics and payment service providers). In such cases, Moodcare requires the third party service providers to maintain the confidentiality and security of the personal data.
We may partner with third party services that provide automatic information to create value to business on analysis, auditing, research and reporting reasons. The services and the Site use Google Analytics to analyse the information for the purposes above. We may use other analytics software tools to improve our operations and to provide the best user experience.
We use third-party service providers that perform services on our behalf, including web hosting, mailing, and analytics vendors which are mentioned above. These vendors may collect and/or use your information. Also, we may share your information with other third party services to complete transactions that you initiate to provide the service and to manage our business.
If we are required to disclose or share your personal data in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy, proceedings, similar legal process, or to apply our agreements with you, or protect our rights, property, safety of Moodcare, our customers or others. This may include changing data with other companies and organisations to protect fraud and credit risk reduction.
In case of merger-acquisition and/or any change of ownership, we may be required to disclose your personal data during this process. We may also disclose your data with anonymously for statistical purposes and industry analysis.
For the compliance with the GDPR, we ensure that our suppliers and business or solution partners whether they are located outside the EEA or not, takes appropriate technical and organizational security measures in accordance with applicable data protection laws and use it solely for the purposes specified by us.
5. Retention of Your Personal Data
We use a variety of industry-standard security technologies and procedures to help protect your data from unauthorized access, use, or disclosure.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
All transmitted data are encrypted during transmission. We use standard Secure Socket Layer (SSL) encryption that encodes information for such transmissions. All stored data are encrypted and maintained on secure servers. Access to stored data is protected by multi-layered security controls including firewalls, role-based access controls and passwords.
While we use reasonable commercial efforts to protect the data, no technology, data transmission or system can be guaranteed to be 100% secure. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your data, we will notify you promptly after we spot the issue.
We use Google Cloud services for storing your information and please reach out to the privacy notice here: https://cloud.google.com/terms/cloud-privacy-notice
6. What Are Your Data Protection Rights?
If you are from the European Economic Area or in certain countries, you are also entitled (with some exceptions and restrictions) to:
7. How Do You Get in Touch with Us?
You may, at any time, exercise any of the above rights, by contacting us via hello@moodcare.app together with a proof of your identity, i.e. a copy of your ID card, or passport, or any other valid identifying document.
In some cases, we may not be able to give you access to your personal data that we hold, if making such a disclosure would breach our legal obligations to our other customers or if prevented by any applicable law or regulation.
8. Additional Information for Residents of the State of California (USA)
Under the California Consumer Privacy Act of 2018 (“CCPA”), specific disclosures are required and California residents have additional rights regarding their personal information. Please review this section to learn more.
8.1. Categories of Personal Information We Collect
Category of Personal Information | Categories of Sources From which Personal Information was Collected | Business or Commercial Purpose for Processing | Categories of Third Parties and Other Entities We Share Personal Information With |
|---|---|---|---|
Identifiers which include elements such as: (i) contact information (e.g.,name, mailing address, email address, phone number); and (ii)online identifiers (e.g., Internet protocol (IP) address,account numbers,device identifiers such as mobile advertising IDs) | (i)Directly from you; (ii) From cookies and similar technologies; (iii) From third-party data suppliers and business partners; (iv) From social media platforms and similar services | (i) To provide you with and to improve the Digital Services; (ii) To communicate with you; (iii) For advertising and marketing purposes for us or third-parties, including interest-based advertising; (iv) To protect our orothers’ rights | (i) With service providers; (ii) With advertising and marketing service providers and partners; (iii) With content measurement companies; (iv) With social media platforms; (v) With business partners; (vi) With government authorities as required by law or as necessary to protect our rights |
Customer records information: (e.g., payment,medical information) | Directly from you | (i) To provide you with and to improve our services; (ii) To protect our or others’ rights | (i) With service providers; (ii)With business partners; (iii) With government authorities as required by law or as necessary to protect our rights |
Commercial Information which includes elements such as transactional information (e.g., activity, subscriptions, requests, purchases, items in your cart but not completed purchases) | (i) Directly from you; (ii) From cookies andsimilar technologies | (i) To provide you with and to improve the services; (ii) To communicate with you; (iii) For advertising and marketing purposes for us or third-parties, including interest-based advertising; (iv) To protect our orothers’ rights | (i) With service providers; (ii) With advertising and marketing service providers and partners; (iii) With social media platforms; (iv) With business partners; (v) With government authorities as required by law or as necessary to protect our rights |
Internet or other electronic network activity which includes elements such as information about how you use, access, or interact with the Services such as comment and other content you choose to publish on the Services, information about your device, browser or operating system | (i) From cookies and similar technologies; (ii) From third-party data suppliers and business partners; (iii) From social media platforms and similar services | (i) To provide you with and to improve the services; (ii) To communicate with you; (iii) For advertising and marketing purposes for us or third-parties, including interest-based advertising; (iv) To protect our or others’ rights | (i) With service providers; (ii) With advertising and marketing service providers and partners; (iii) With content measurement companies; (iv) With social media platforms; (v) With business partners; (vi) With government authorities as required by law or as necessary to protect our rights |
Geolocation Data which includes elements such as location information (e.g., city and state, or precise location information if location services are active on your device) | (i) Directly from you; (ii) From cookies and similar technologies | (i) To provide you with and to improve the services; (ii) To communicate with you; (iii) For advertising and marketing purposes for us or third-parties, including interest-based advertising; (iv) To protect our or others’ rights | (i) With service providers; (ii) With advertising and marketing service providers and partners; (iii) With content measurement companies; (iv) With social media platforms; (v) With business partners; (vi) With government authorities as required by law or as necessary to protect our rights |
8.2. Your Rights
California residents have certain rights in relation to their personal information, subject to limited exceptions. For personal information collected by us during the preceding 12 months that is not otherwise subject to an exception, California residents have the right to access and delete their personal information.
We will not discriminate against any customer that asserts their rights under the CCPA. We will not: (1) deny you goods or services; (2) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (3) provide you a different level of qualify of goods or services; or (4) suggest that you may receive a different price or rate for goods or services or a different level of quality of goods or services.
If you are a California resident, you have the right to request certain information from us regarding our information-sharing practices with third parties for direct marketing purposes. To the extent that we share your personal information for direct marketing purposes, you may receive the following information: (1) the categories of information and sources of information that we disclosed to third parties for direct marketing purposes during the preceding year; and (2) the names and address information of third parties that received such information, or if the nature of their business cannot be determined from the name, the examples of the products or services marketed.
To the extent that we sell your personal information to third parties, you also have the right to request that we disclose to you: (i) the categories of your personal information that we sold, and (ii) the categories of third parties to whom your personal information was sold. You also have the right to direct us not to sell your personal information.
California residents may also designate an authorized agent to make a request to access or delete on your behalf. Your authorized agent must submit proof that you have provided them with power of attorney pursuant to Probate Code sections 4000 through 4465. We may deny a request from a purported authorized agent who does not provide proof of authorization to act on your behalf.
9. Right to withdraw consent
If you have provided your consent to the collection, processing and transfer of your personal data, you have the right to fully or partly withdraw your consent. To withdraw your consent please follow the opt-out links on any marketing message sent to you or contact us via hello@moodcare.app.
Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. When the legal basis is legitimate interests, you may object to use of your data.
10. Changes on the Privacy Policy
Moodcare reserves the right to change or update these Terms and Privacy Policy.
Any changes we make to our Privacy Policy in the future will be posted on this page, and where appropriate, notified to you by email, notifications via the App, or by any other available means. We therefore encourage you to review it from time to time to stay informed about the way we are processing your data.
11. Your Own Choices on Sharing Information
If you want to get more details about the personal information that Moodcare has about you, you can contact us by email at hello@moodcare.app. You can also stop all collection of information by the Services by uninstalling the App.
12. Third Party Sites
The Services may contain links to and from the Services of our partner networks, advertisers and affiliates. If you follow a link to any of the external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their websites or their policies.
13. Use of Moodcare by minors and International Users
13.1. Minors
Moodcare’s Services and contents are applicable for the age of 13 and above and are not directed at people below 13 years old. You may utilize the Services only with the involvement of a parent or legal guardian under such person’s account.
We do not knowingly collect personally identifiable information or personal information. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers.
13.2. International Users
In order to do our business, as explained above we may contract with third party service providers, affiliates in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. Without prejudice to the above, by using the Site or by providing any personal or other information to us, you expressly consent to such transfer and processing.
14. How to Contact Us
Should you have any questions or concerns about this policy, you can contact us at hello@moodcare.app.