Privacy Policy

Updated: July 1st, 2013


Our Policy

Welcome to MindSnacks, Inc. (“MindSnacks”, “we”, “us” and/or “our”). This privacy policy (“Privacy Policy”) has been created to provide information about our company and its mobile game applications (together with the Site, the “Services”) to our users (“you”, “your”). The Services are provided by MindSnacks, Inc. (“MindSnacks” or “we” or “us”) located at 1479 Folsom Street, San Francisco, CA 94103, ATTENTION: Legal Department, email privacy@mindsnacks.com. This Privacy Policy sets forth MindSnacks’ policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from visitors to our website located at mindsnacks.com (the “Site”) and users of the Services.

For information specific to children less than 13 years old, please read the Children’s Privacy Policy below.

Information we collect

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Services: We collect Personal Data from you when you register for access to the Services (for example email address, first name, and last name), use certain Services, contact us with inquiries, or respond to one of our surveys. Wherever MindSnacks collects Personal Data, we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of MindSnacks and the authorized third parties referred to herein located in the United States.

Non-Identifiable or Aggregated Data: When you interact with MindSnacks through the Services, we receive and store certain personally non-identifiable data. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. MindSnacks may store such information itself or such information may be included in databases owned and maintained by MindSnacks affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Services, the number of visitors to each page of our Site or game of our apps, the domain names of our visitors’ Internet service providers, and how our users use and interact with the MindSnacks Services.

Also, in an ongoing effort to better understand and serve the users of the Services, MindSnacks often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. MindSnacks may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. MindSnacks may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

In operating the Services, we may also use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on your browser or device that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Services features.

Our Use of Your Personal Data and Other Information

MindSnacks uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. MindSnacks and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable data collected through the Services to help us customize the Services or the messages you receive, improve the content and functionality of the Services, to better understand our users and to improve the Services. MindSnacks and its Related Companies may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, any marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.

If MindSnacks intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information

MindSnacks is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: MindSnacks, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: MindSnacks may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of MindSnacks, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Your Choices

You can use the Site without providing any Personal Data. Some of our mobile apps, for example those directed toward children under the age of 13, also do not require the provision of Personal Data. The remainder of our mobile apps, however, require users to provide Personal Data, specifically email address, in order to access the entirety of that app’s functionality. You may request that we delete your account, and any information associated with your account, but please note that we may be required (by law or otherwise) to retain this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete your information, it will be deleted from the active database but may remain in our archives.

Exclusions

This Privacy Policy does not apply to any Personal Data collected by MindSnacks other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to MindSnacks through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions including customer feedback or testimonials (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and MindSnacks shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Children

For information specific to privacy of the Personal Data of children under 13 years of age, please read the “Children’s Privacy Policy” below.

Links to Other Web Sites: This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by MindSnacks (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that MindSnacks endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Integrating Third Party Services within the Services

One of the special features of the Service is that it allows you to enable various online third party services, such as social media and networking services, (“Third Party Services”) to be directly integrated into your MindSnacks experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and MindSnacks shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.

Security: MindSnacks takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Other Terms and Conditions: Your access to and use of the Services is subject to the Terms of Service.

Changes to MindSnacks’ Privacy Policy: The Services and our business may change from time to time. As a result, at times it may be necessary for MindSnacks to make changes to this Privacy Policy. MindSnacks reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting MindSnacks: To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.

Please also feel free to contact us if you have any questions about MindSnacks’ Privacy Policy or the information practices of MindSnacks.

You may contact us as follows: privacy@mindsnacks.com

Children’s Privacy Policy

Our Policy

This privacy policy in regard to children under the age of 13 (“Children’s Privacy Policy”) relates to the website at www.mindsnacks.com and also to our mobile app (collectively, the “Services”). The Services are provided by MindSnacks, Inc. (“MindSnacks” or “we” or “us”) located at 1479 Folsom Street, San Francisco, CA 94103, ATTENTION: Legal Department, email privacy@mindsnacks.com. This Children’s Privacy Policy is incorporated by reference into the Terms of Service , and all terms shall have the meaning ascribed to them in the Terms of Service.

MindSnacks cares about the online privacy of children, and therefore encourages parents and legal guardians to become involved in the online activities of their children and to discuss the child’s use of the Internet and disclosure of information to any parties.

As it relates to children’s privacy, MindSnacks develops two types of mobile apps:

1) The first is designed specifically for children under the age of 13, and includes, at this time, our Kids’ Vocabulary app. Apps of this type do not collect personally identifiable data of any form, nor do they require the creation of user accounts.

2) All other apps are general-audience apps designed for users 13 years of age or older. Full use of these apps requires the creation of user accounts and therefore the collection and submission of personally identifiable data. As stated in our Terms of Service, users under the age of 13 should not register for these apps.

If we obtain actual knowledge that a user of this second category of mobile apps is under 13 years old (for example through a survey or customer support email), MindSnacks acts according to the directives set by The Children’s Online Privacy Protection Act (COPPA). For general-audience apps where MindSnacks obtains actual knowledge that a user is under 13 years old, COPPA requires that website operators adhere to specific guidelines regarding the collection and handling of personally identifiable information about these children under the age of 13. For more information about COPPA and your child’s rights to online privacy, visit the Children’s Privacy section of the FTC’s website here.

COPPA requires that website operators provide parents with certain information and obtain parental consent prior to permitting children under the age of 13 to access or continue accessing Services that collect personally identifiable information.

A. What types of information do we collect about children?

1) Children can view content on our website without any personally identifiable data being collected.

2) During the registration process for our Kids’ Vocabulary app, we collect a username, but no email or password. We do not collect email addresses of children under the age of 13 (or of any other users of our child-directed apps).

3) During the registration process for our general audience mobile apps, we collect a user’s email address and password. Our Terms of Service states that children under the age of 13 should not register for our general audience mobile apps, and these general audience apps are not directed toward children under the age of 13.

All of our apps receive and store personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify a user or track his or her behavior across sites or apps.

B. How do we use and share the personally identifiable information that we have collected about children after receiving parental consent?

1) In general, we do not share personal information with third parties. That said, MindSnacks occasionally contracts with third parties that provide support for the internal operations of the Service. These contracted third parties do not use or disclose personal information except for the limited support role for which they have been contracted, examples of which are set forth below. In the rare event that we do possess personal information about children, we will not share it with these third parties unless we have Parental Consent as outlined by COPPA.

1a) To personalize communications from MindSnacks to a child (such as news and updates), we may use the child’s name, or the email address of the child’s parent or guardian. MindSnacks may, from time to time, contract with third parties to perform these communication services on its behalf and may disclose a child’s information to such third parties. In addition, personal information regarding a child may be disclosed in the course of a child’s participation in certain interactive features such as message boards.

1b) MindSnacks may also, from time to time, disclose a child’s information to affiliates or to third parties it has contracted with to perform certain services on its behalf or to administer certain member benefits.

Except as otherwise disclosed in this Policy, we do not share any information about a child with any affiliated entity or with any third parties unless the disclosure is reasonably necessary: to comply with law, including, for example, to comply with a court order or subpoena; to enforce our Terms of Use or Service rules; or to protect the safety and security of our guests and our Services.

C. How do we notify and obtain consent from parents for the collection of information from a child?

Where MindSnacks obtains actual knowledge that a child under the age of 13 seeks to use any Service that collects Personal Data or otherwise volunteers Personal Data to us, we require the child’s parent to consent to this Children’s Privacy Policy, our Terms of Use and our more general Privacy Policy by the use of an email verification system, described below. This information is retained by us as evidence that we received parental consent.

D. How can parents access, change or delete personally identifiable information about their child?

At any time parents can refuse to permit us to collect further personally identifiable data from their child and can request that any personally identifiable data we have collected be deleted from our records. Parents can access, change, or delete the personally identifiable data that we have collected from their child by contacting our customer service at privacy@mindsnacks.com. Please include the e-mail address associated with the account so that we can better assist you with your inquiry or request.

E. How will we notify parents if our Children’s Privacy Policy changes?

We may amend our Children’s Privacy Policy at any time. We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share a child’s personal information. Please note that, at all times, parents should update their personal information to provide us current e-mail addresses. We will apply material changes in our Children’s Privacy Policy only in conformance with applicable law, including any applicable provisions of COPPA that require parental consent.

F. Who do parents contact with questions?

If you need further assistance, please contact us at:

MindSnacks, Inc.
ATTN: Legal Department
1479 Folsom Street
San Francisco, CA 94103

You may also telephone us at (415) 400-4626 or email us at privacy@mindsnacks.com. (If you are not 18 years of age or older, you must have your parent or guardian’s permission to call this number.)

CONSENT OF PARENT OR LEGAL GUARDIAN

MindSnacks’ child-directed app (viz. Kids’ Vocab) does not collect personally identifiable data. Because we do not collect personally identifiable data, COPPA does not require us to collect consent from a parent or legal guardian -- nor could we since we do not collect the relevant contact information.

Where MindSnacks obtains actual knowledge that a child under 13 has or seeks to provide us with Personal Data, such as an email address, MindSnacks will seek parental consent in accordance with COPPA. Where MindSnacks has email information for the child’s parent or guardian, MindSnacks will send an email to that parent or guardian’s email address. Among other things, this email will contain links to our Children’s Privacy Policy, our Terms of Service, and our more general Privacy Policy. If no email address has been provided for the parent or guardian, an email reply will be sent to the child’s address, seeking online contact information of the parent so that we can contact the parent in accordance with COPPA and this Children’s Privacy Policy. The email to the parent or legal guardian will inform that individual that a child has contacted MindSnacks and identified that individual as a parent or legal guardian. If the child has an account with MindSnacks, the email will explain that unless we receive the parent or legal guardian’s explicit consent within 14 days, we will delete the child’s contact information as well as his or her MindSnacks account. The parent or legal guardian may indicate or revoke consent via a simple return message. If the parent or legal guardian revokes consent, we will similarly delete the child’s contact information as well as his or her MindSnacks account. COPPA requires us to send a second confirmation email after a reasonable time delay; the parent or legal guardian can indicate or revoke consent in the same manner as the first email. If a parent or legal guardian has any questions, please contact our customer support team at privacy@mindsnacks.com.