Privacy Policy

 

Version 1.0

 

Last Revised: February 19, 2020

 

CRATE is devoted to maintaining the protection of your privacy—we appreciate the sensitive nature of the information that you share with us. CRATE Mind Inc. (“CRATE”, “we”, “us” and “our”) holds your privacy to best-in-class standards and is committed to protecting your privacy and information with the highest level of confidentiality. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Information (as defined below) we collect from users of our content, products or services listed on www.crate.com (the “Site”), through our applications (the “Apps”), at live events, or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of CRATE).

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We only process your data to the extent that it is necessary to provide the services you are requesting, where you have given explicit consent, or we are otherwise authorized to do under data protection laws. 

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This Privacy Policy will apply whether you are a “Visitor” (which means that you simply browse the Products) or a “Registered User” (which means you have registered to use the Products). Visitors and Registered Users are individually referred to as a “User” and collectively as “Users”.

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1. User Consent. By submitting Personal Information through our Site or Products, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy.

2.  A Note to Users Outside of the United States. If you are an EU user or other country non-U.S. user of the Products, by visiting the Site or using the Products and providing us with information, you acknowledge and agree that your Personal Information may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your information, you consent to such transfer and processing in accordance with this Policy.

3. Information We Collect. “Personal Information” including, for example, your name, e-mail address, password, and in certain instances, telephone number, data about your usage of the Products and data collected by tracking technologies as further described below that may identify you as an individual or allow online contact with you as an individual. Our primary goal in collecting information is to provide and improve our Products, to administer your use of the Products (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Products. The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with CRATE and the requirements of applicable law. Some of the ways that we may collect Personal Information include:

   • You may provide personal information directly to CRATE through interacting with the Products, submitting information on crate.com that allows us to deliver our Products’ output such as making suggestions for ACT exercises or summarizing your current or past mental states back to you

   • You may also provide personal information when attending CRATE branded events, participating in surveys, during events such as sweepstakes, contests, and requesting information.

   • As you navigate the Products, certain passive information may be also collected about your interactions, including through cookies and similar technologies as described below.

   • App usage data: This is data that tells us how you use our app, including but not limited to how often the app was opened, which areas of the app were accessed, and other app settings.

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We collect Personal Information and Anonymous Information, as described below.

(a) Information You Provide to Us.

• We may collect Personal Information that can be used to identify you, such as your first and last name, e-mail and mailing addresses, telephone number, and password when you create an account (“Account”) or sign up for any of our services. 

• In addition, we may collect Personal Information when you interact with the CRATE app, such as your age, preferred pronouns, and personality profile indicators through your user onboarding process.

• Any additional information about your biography, personal personality preferences or indicators, and emotional or cognitive status is stored as you provide it to us.

• Payment information collected: CRATE does not collect or process credit or debit card (“Payment Card”) data. When signing up for the paid version of CRATE, Apple collects Payment Card data with respect to in-app purchases made through the Apps. Apple receives information from us about you to verify your identity, but we do not store any billing or payment information, nor can we access it. 〈 When you post content (text, images, photographs, videos, messages, comments or any other kind of content that is not your e-mail address) on our Products, the information contained in your posting will be stored in our servers

• If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

• If you use our Products on your mobile device, we may collect your phone number and the unique device id number.

• If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can deactivate GPS on your mobile device.

• When connecting to our Products via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.

• When you participate in one of our user feedback surveys, we may collect additional profile information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our Products or Sites in any manner consistent with the policies provided herein.

• We collect information about your personal preferences, cognitive, and emotional states via the app and/or other Products. This allows you to participate in interactive features of the Products, when you choose to do so. 

• If you participate in a sweepstakes, contest or giveaway on our Site, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names and sometimes post office addresses to verify your identity. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter. All sweepstakes, contests or giveaway entry forms will provide a way for participants to opt-out of any communications that are not related to awarding prizes

• We may also collect Personal Information at other points in our Site that state that Personal Information is being collected.

• You agree that we are free to use the content of any communications submitted by you via the Products and services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing of Products. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.

 

(b) Information Collected via Technology.

• Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet Service Provider (ISP), operating systems, date/time stamp and clickstream data. We use this information to analyze trends, administer the Site, track Users’ movements around the Site, gather demographic information about our User base, and better tailor our Products and services to our Users’ needs

• Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs

• Pixel Tags. We use “Pixel Tags” (also referred to as clear gifs, web beacons, or web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send e-mail messages in a format users can read and they tell us whether e-mails have been opened. We may use this information to reduce or eliminate messages sent to a user.

• Analytics. We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how users engage with our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Products by going to http://tools.google.com/dlpage/gaoptout.

 

(c) Information Collected from Third Parties. We may receive Personal and/or Anonymous Information about you from third party individuals or companies that promote or link to our Site. These third-party companies may supply us with Personal Information. We may add this information to the information we have already collected from you via our Site in order to improve the Products we provide.

 

4. Use of Your Personal Information

(a) General Use. In general, Personal Information you submit to us is used either to facilitate your use of the Products, respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:

• build your unique Personality Genome, serve up recommendations, and track your emotional and cognitive states over time;

• facilitate the creation of and secure your Account on our Site;

• identify you as a User in our system;

• provide improved administration of our Site and Products;

• provide the Products and services you request;

• respond to questions, comments and other requests;

• provide access to certain areas, functionalities, and features of our Products;

• measure your interest in our Products and services;

• develop new Products and services;

• facilitate payments from the Apple App store;

• prevent potentially prohibited or illegal activities;

• enforce our terms;

• improve the quality of experience when you interact with our Products and Site;

• send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;

• send you administrative e-mail notifications, such as update notifications or security or support and maintenance advisories;

• respond to your inquiries related but not limited to requests, comments and questions and provide customer service;

• send newsletters, surveys, offers, and other promotional materials related to our Products and for other marketing purposes. We may provide you with these materials by phone, postal mail, or email, as permitted by applicable law. Such uses include: to tailor content, advertisements, and offers; to notify you about offers, products, and services that may be of interest to you; to provide Products to you and our sponsors; for other purposes disclosed at the time that Individuals provide Personal Information; or otherwise with your consent.

 

(b) Creation of Anonymous Information. We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. We use this Anonymous Information to analyze request and usage patterns so that we may enhance the content of our Products and improve Site navigation. We reserve the right to use Anonymous Information and aggregated and other de-identified information for any purpose and disclose Anonymous Information to third parties in our sole discretion.

 

5. Disclosure of Your Personal Information. We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

 

(a) Third Party Service Providers. We may share your Personal Information with third party service providers to: provide you with the Products that we offer you; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to CRATE.

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(b) Affiliates. We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

 

(c) Corporate Restructuring. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

 

(d) Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), CRATE may disclose Personal Information if it believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on CRATE Mind Inc; (iii) to protect or defend the rights or property of CRATE Mind Inc. or users of the Site or Products; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

 

6. Third Party Websites. Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Information or Anonymous Information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Information after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

 

7. Onward Transfer – CRATE May Disclose Your Information. We may share your information as described in this Privacy Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission. We have executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements. We may share your Personal Information as follows with our:

 

(a) Services Providers. We may engage third-party services providers to work with us to administer and provide the Products. Some examples of these third-party’s services are payment processing, website hosting, and feedback collection. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose. 

 

(b) Business Partners. We may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. We may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with us. We require our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which we provided them.

 

(c) Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other Account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

 

(d) Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, we will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

 

(e) Law enforcement. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Products. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

 

8. Data Transfer. All Personal Information collected via or by us may be stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to us, you consent to the storage of your Personal Information in these locations.

 

9. Your Choices Regarding Information and OPT-OUT (Right to Restrict Processing). We offer you choices regarding the collection, use and sharing of your Personal Information, and we’ll respect the choices you make. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Products. You have the right to opt out of certain uses and disclosures of your Personal Information. Where you have consented to our Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out of further Processing by contacting hello@crate.com. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our Sites or Products. You have several choices regarding the use of information on our Service:

 

(a) Email and Telephone Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Products. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy. We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

 

(b) Mobile Devices. We may occasionally send you push notifications through our mobile applications with notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.

 

(c) “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

 

(d) Cookies and Internet-based Advertising. If you decide at any time that you no longer wish to accept Cookies from our Products for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here. To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your computer browser, that opt out will not be effective on your mobile device. You must separately opt out on each device.

 

(e) Changing or Deleting Your Personal Information. All users may delete their user account by contacting us. All other Personal information, may be reviewed, updated or deleted by contacting us or editing their Account information via the Products. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

 

(f) Security of Credit Card and Bank Account Information. RATE cannot access your credit or debit card or bank account information except through the Apple App store in order to facilitate payment for your account. You may refuse access by not paying for any CRATE services. 

 

(g) Rights of Access, Rectification, Erasure and Restriction. You may inquire as to whether we are Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an email to hello@crate.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by us. Please include your full name, email address associated with your Account, and a detailed description of your data request. Such requests will be processed in line with local laws. Although we make good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

 

10. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site or Products, following notice of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

 

11. A Note About Children. We do not intentionally gather Personal Information from visitors who are under the age of 13. If a child under 13 submits Personal Information to CRATE and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at hello@crate.com.

 

12. Questions and Feedback. We welcome your questions, comments, complaints and concerns about this Site, the Products, this Privacy Policy and/or our privacy practices regarding information we collect from users of the Site and Products. If you would like to report any security violations to us, or otherwise have any feedback or questions pertaining to our Site, Products and/or Privacy Policy please contact us at: hello@crate.com, or via mail to CRATE Mind Inc., 5 Curtis Place, Lynbrook, New York 11563.

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